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HomeMy WebLinkAboutCCpkt2021-02-09AGENDA THE CITY OF Ahtia City Council Meeting Tuesday, February 9, 2021 @ 6:30 PM Anna ISD Board Room 201 E. 7th Street, Anna, Texas 75409 The City Council of the City of Anna will meet at 6:30 PM, on February 9, 2021, at the Anna ISD Board Room, Located at 201 E. 7th Street, 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. Call to Order, Roll Call and Establishment of Quorum. 2. Invocation and Pledge of Allegiance. 3. Neighbor Comments. At this time, any person may address the City Council regarding an item on this meeting agenda that is not scheduled for public hearing and any item that is not on this meeting agenda. The public will be permitted to offer public comments electronically, as provided by the agenda and as permitted by the presiding officer during the meeting. We are encouraging neighbors, who wish to speak, to complete a Speaker Registration Form and submit to City Secretary Carrie Land (cland annatexas.gov) by 5:00 PM so it may be read into the record. Each person will be allowed up to three (3) minutes to speak. No discussion or action may be taken at this meeting on items not listed on this 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. Work Session. a. Discuss a Street Naming Policy for the City of Anna. (Director of Public Works Greg Peters, P.E.) 5. Reports. 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. a. The Director of Public Works will provide an update on the Municipal Complex Construction Project. (Director of Public Works Greg Peters, P.E.) 6. 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 meeting minutes for January 26, 2021. (City Secretary Carrie Land) b. Approve a Resolution approving the annual AMR ambulance transport Interlocal Agreement with Collin County (Chief Ray Isom) C. Approve a Resolution approving a service contract for EMS transport billing (Chief Ray Isom). d. Approve a Resolution authorizing the City Manager to sign an Interlocal Agreement with the North Central Texas Council of Governments (NCTCOG) to participate in the NCTCOG SHARE program for cooperative purchasing of goods and services. (Finance Director Alan Guard) e. Review minutes of the January 4, 2021 Planning & Zoning Commission meeting. (Director of Development Services Ross Altobelli) f. Approve a Resolution regarding the Golden Estates, Block A, Lot 1, development plat. (Director of Development Services Ross Altobelli) g. Approve a Resolution regarding the Ornelas Place, Block A, Lot 1, development plat. (Director of Development Services Ross Altobelli) h. Approve a Resolution regarding the Anna 455 Addition, Block A, Lot 4, final plat. (Director of Development Services Ross Altobelli) i. Approve a Resolution regarding the Anna 455 Addition, Block A, Lot 4, site plan. (Director of Development Services Ross Altobelli) Approve a Resolution regarding the Willow Creek Addition, Phase 1 B, Block G, Lot 1 R, preliminary replat. (Director of Development Services Ross Altobelli) k. Approve a Resolution regarding the One Anna Two Addition, Block B, Lots 1 & 2, preliminary plat. (Director of Development Services Ross Altobelli) Approve a Resolution regarding the Anacapri, Phase 1A, 1B, 2, & 3, preliminary plat. (Director of Development Services Ross Altobelli) M. Approve a Resolution of the City of Anna, Texas approving and authorizing the City Manager to execute an Advance Funding Agreement for Surface Transportation Block Grant (STBG) program project off -system between the City of Anna and the Texas Department of Transportation for the Preliminary Engineering for the reconstruction and widening of Ferguson Parkway from Elm Street to the Collin County Outer Loop. (Director of Public Works Greg Peters, P.E.) 7. Items For Individual Consideration. a. Consider/Discuss/Action on an Ordinance calling the general election for May 1 and to approve a contract with Collin County Elections Administration for election services. (City Secretary Carrie Land) b. Consider/Discuss/Action on an Ordinance calling a bond election for May 1. (Economic Development Manager Taylor Lough) 8. Closed Session (Exceptions). Under Tex. Gov'T Code Chapter 551, The City Council May Enter Into Closed Session To Discuss Any Items Listed Or Referenced On This Agenda Under The Following Exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071). Charter provisions; personnel policies; Council procedures; staff procedures; City ordinances; City contracts; public facilities and related legal matters. b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072). 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 developments. d. Discuss or deliberate personnel matters (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. 9. Consider/Discuss/Action on any items listed on any agenda - work session, regular meeting, or closed session - that is duly posted by the City of Anna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. 10. Adjourn. This is to certify that I, Carrie L. Land, 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. on February 5, 2021. Carrie L. Land, 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. THE CITY OF Anna AGENDA ITEM: Item No. 4.a. City Council Agenda Staff Report Meeting Date: 2/9/2021 Staff Contact: Greg Peters Discuss a Street Naming Policy for the City of Anna. (Director of Public Works Greg Peters, P.E.) SUMMARY: Currently street names in the City are determined at the time of platting for new developments. The City does not have an official policy as it pertains to changing street names, or creating new street names to honor an impactful member of the community. This workshop item will provide an opportunity for the City Council to review policy options and provide staff feedback on the subject prior to the preparation of a formal policy. FINANCIAL IMPACT: None at this time. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 2: Anna — Great Place to Live STAFF RECOMMENDATION: None at this time. Staff will present an outline of the policy and seek feedback from the City Council. Once staff has received feedback and worked with the City Attorney to finalize a policy, it will be brought back to Council for adoption. ATTACHMENTS: APPROVALS: Greg Peters, Director of Public Works Created/Initiated - 2/3/2021 Jim Proce, City Manager Final Approval - 2/5/2021 City Council Workshop February 9, 2020 Street Naming Policy Overview •Reasons for Changing Street Names •Current Street Naming Processes •Recommended Street Naming Process •Next Steps 2 Reason to Change Street Names •Reason #1: to honor an important historical figure in the community. •Reason #2: to correct a problem with mail delivery due to postal confusion (i.e. –two streets have similar names) •Reason #3: to correct a problem in emergency response (i.e. –police/fire/dispatch services request the change) •Reason #4: to honor individuals or organizations making significant donations of materials, financial investment, or community services 3 Current Street Naming Process •The City of Anna currently has no formal process in place for the naming of streets. •Historically, street names are set during the platting process of a new development, and the selected names remain in place. •There have been specific street name changes made by the City Council via Ordinance in the past. This has typically been done to honor an important historical figure in the community. 4 Recommended Street Naming Process •Naming Criteria •Persons of outstanding civic service to the city •Documented support from neighbors and businesses addressed on the street •Organizations providing community service in the area •Significant material or financial contributions 5 Recommended Street Naming Process •Naming Procedure •Neighbors, staff, community leaders, and community organizations (requesting party) interested in proposing a name for a street shall submit a written recommendation to the Director of Public Works. Recommendations need to describe in detail why the submitted name merits designation. •The means to submit a written recommendation and petition, no matter the specifics of the medium, will be available through the City website and at City Hall. •The Public Works Department shall research and verify information on names provided in the recommendations. If the information and criteria are verified, the requesting party shall be required to provide a petition with signatures in favor of the change by a minimum of XX%of homes and businesses with an address on the street. •Once the petition has achieved XX%favor, the Public Works Director will bring forward naming recommendations that meet the naming criteria to the City Council. •The City Council shall consider all requests that meet the criteria and if approved, will confirm street names by resolution. •The City Council has final approval and may reject any naming or renaming request. The City Council may choose to name or rename a street without following these procedures. 6 Additional Considerations •Approval Percentage •Percentage of approval on the street required for the change •Property Owner vs Tenant •Who is able to sign the petition? •Cost/Time Impacts •911/Dispatch changes •Tax Roll changes •Neighbor time spent updating their personal information or business information •Postal Service, UPS, FedEx changes •Notification •Exceptions •State and County Roads will require separate approval by TxDOT and/or Collin County for name changes 7 Additional Considerations •Streets subject to the Policy •Should Policy be only for existing streets, new streets, or both? •Redundancy •Changing street names if nearby City has prominent street with the same name? •Political/Social •Changing street names if existing name becomes offensive? •Ceremonial Naming •Use special name plates to signify a ceremonial name, but do not change address. •Subplates •Used to identify ceremonial names –paid for by HOA, or City? 8 Decision Points •Approval Percentage •75%, 80%, or 85%? •Petition Signature •Property Owner or Tenant? •Scope •New streets, existing streets, or both? •Actual v.s . Ceremonial Naming •Formally change the addresses on the street, or make the change ceremonial in nature? 9 Next Steps •Staff is seeking feedback on the development of a formal process for the naming of streets. •Once feedback is received, staff will work with the City Attorney to craft a formal policy, which will be brought back to the City Council for adoption. 10 THE CITY OF Anna AGENDA ITEM: Item No. 5.a. City Council Agenda Staff Report Meeting Date: 2/9/2021 Staff Contact: Greg Peters The Director of Public Works will provide an update on the Municipal Complex Construction Project. (Director of Public Works Greg Peters, P.E.) SUMMARY: The City of Anna is constructing a new municipal complex at the northeast corner of Powell Parkway (State Highway 5) and 7th Street in the downtown area. Site construction began in late 2019, and has progressed to the construction of the buildings themselves. Staff will provide a brief update on the project. FINANCIAL IMPACT: None. Council has already appropriated funds for the project. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 4: High Performing, Professional City STAFF RECOMMENDATION: None ATTACHMENTS: APPROVALS: Greg Peters, Director of Public Works Created/Initiated - 2/4/2021 Jim Proce, City Manager Final Approval - 2/4/2021 City Council February 9, 2020 Municipal Complex Construction Update Overview •Project Scope •Construction Photos •Current Status •Schedule Impacts •Updated Project Schedule 2 Project Scope •New Municipal Building •Administration & Staff •Police Department •Council Chambers •Fire Station •Municipal Storm Shelter •3-1/2 Bays for Ambulance, 2 Engines, Battalion Vehicle 3 Construction Photos –Fire Station 4 Construction Photos –Fire Station 5 Construction Photos –Fire Station 6 Construction Photos –Municipal Building 7 Construction Photos –Municipal Building 8 Current Status •Fire Station •Exterior Walls complete •Exterior decorative cladding being installed •Interior wall framing starting •Municipal Building •Foundation and parking lot complete •Structural steel complete for first floor •Structural steel for 2nd floor and roof being installed 9 Schedule Impacts •Total Days Lost: 154 days •Note: many delay days occurred concurrently, resulting in this accumulated total •Contributing Factors •Franchise Utility Relocation Delays –59 days •Oncor relocation of overhead electric to underground •Suddenlink relocation of overhead cable•Weather Days Lost –118 days •Unforeseen Site Condition Delays –22 days •Underground pit beneath future Municipal Building requiring excavation and filling with concrete •COVID-19 Delays in Manufacturing of Custom Materials –90+ days (still having impacts) •Steel Manufacturing Delays •Glass Manufacturing Delays •Wooden Truss Manufacturing Delays 10 Updated Project Schedule •Fire Station •Estimated building substantial completion date: August 31, 2021 •Municipal Building •Estimated building substantial completion date: October 21, 2021 •Installation of furniture and equipment will commence upon substantial completion of the building construction •Estimated full complex completion: November 24, 2021 (including all landscaping, site lighting, etc.) 11 Note: the dates shown above are based upon the most recent schedule provided by Lee Lewis. These dates are subject to change based on weather conditions and additional material and equipment delays associated with COVID-19’s impact on the manufacturing industries related to building construction. THE CITY OF Anna AGENDA ITEM: Item No. 6.a. City Council Agenda Staff Report Meeting Date: 2/9/2021 Staff Contact: Carrie Land Approve City Council meeting minutes for January 26, 2021. (City Secretary Carrie Land) SUMMARY: FINANCIAL IMPACT: STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: STAFF RECOMMENDATION: ATTACHMENTS: 1. CCmin20210126 Final APPROVALS: Carrie Land, City Secretary Created/Initiated - 2/2/2021 Jim Proce, City Manager Final Approval - 2/2/2021 Regular City Council Meeting Meeting Minutes THE CITY OF Tuesday, January 26, 2021 @ 6:30 PM AtItta Anna ISD Board Room 201 E. 7th Street, Anna, Texas The City Council of the City of Anna met at 6:30 PM, on January 26, 2021, at the Anna ISD Board Room, located at 201 E. 7th Street, to consider the following items. Call to Order, Roll Call and Establishment of Quorum. Mayor Pike called the meeting to order at 6:30 PM. 2. Invocation and Pledge of Allegiance. Council Member Carver led the Invocation and Mayor Pike led the Pledge of Allegiance. 3. Neighbor Comments. 4. Reports. 5 l� City Secretary Carrie Land administered the Oath of Office to newly -appointed Police Chief, Dean Habel. Work Session. a. Bond Program Information (Economic Development Manager Taylor Lough) Staff reviewed the Bond Election process, draft ordinance calling a May 2021 Bond Election, most recent financial projection scenarios, and a draft voter guide and frequently asked questions. Consent Items. Consent items c, d, and f were removed from consent. MOTION: Council Member Toten moved to approve consent items a, b, e, h, g, and i. Council Member Ussery seconded. Motion carried 7-0. a. Approve Council Meeting Minutes for December 15, 2020, January 12, 2021, Joint Meeting and January 12, 2021. (City Secretary Carrie Land) b. Review minutes of the December 3, 2020, Joint Community Development and Economic Development Corporation meeting. (Director of Economic Development Joey Grisham) C. Approve a Resolution approving a Chapter 380 Grant Agreement with First Texas Homes, Inc. (Economic Development Director Joey Grisham) Staff was recently contacted by Doug Duffie, CPA, who proposed a Chapter 380 Agreement for sharing his client's (First Texas Homes, Inc.) use tax paid in connection with building materials used by First Texas to build new homes in the City of Anna. The City of Anna entered into a similar agreement with Bloomfield Homes in 2017. A Texas Direct Payment Permit (i.e., use tax permit) allows a Texas taxpayer to self -assess and pay use taxes on materials purchased for use or consumption as opposed to paying sales taxes directly to suppliers based on suppliers' place of business (primarily in larger metropolitan cities). First Texas anticipates using a Texas Direct Payment Permit to pay use taxes each month directly to the Comptroller based on locations where materials are first -used at job sites. In order to limit administrative costs for the City, First Texas is required to pay use taxes monthly, but will request semi-annual grants based on payments received by the City from January — June, then again for the period from July — December of each year during the ten-year term of the Agreement. This allows the City to verify receipt of all local use taxes received from First Texas prior to payment of any grant. New local use taxes will be able to be independently verified by comparing a copy of First Texas's individual monthly use tax returns related to the City of Anna with amounts received from the Comptroller that were attributed to First Texas Homes, Inc. Since First Texas will pay 100% of the system, accounting, audit defense, and other ongoing administrative costs tied to paying use taxes, and since none of the upfront or ongoing tax compliance costs will be paid by the City, the Grant was requested based on 64% of Anna's 1.25% General City Use Tax, but none of the incremental .75% CDC Use Tax. The City will obtain a net 1.2% of the 2% combined City / CDC Tax and First Texas Homes will receive .8% of the combined 2% City tax (roughly 60% for the City/CDC and 40% for First Texas Homes). Based on First Texas' suppliers' current places of business, the City would not receive any local sales tax revenue from First Texas's suppliers in the absence of the proposed 380 Agreement, and this approach will generate net new tax revenue for the City without incurring any new costs. FINANCIAL IMPACT: Based on First Texas Homes' 204 undeveloped lots in Anna in the Hurricane Creek communities, the company anticipates each new home will generate roughly $672 in net City / CDC tax revenues (net of Grants) and $448 in net benefits for First Texas Homes that will be used to recover the company's costs for use tax compliance. The City will retain 36% of the 1.25% General City use taxes collected and remitted for materials used on 204 homes to be built in Anna plus 100% of the incremental .75% CDC Use tax. Over the build -out period of the new homes in Anna, and presuming no inflation in the cost of building materials, Anna's "net" City tax revenues after Grants are anticipated to be $51,408 for the General Fund plus $85,680 for the CDC (total of $137,008) and $91,392 for First Texas Homes. If building material costs increase during the term of the Agreement or if First Texas purchases new undeveloped lots in Anna and builds incremental new homes in the City, the benefits could increase. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS APPROVING A CHAPTER 380 GRANT AGREEMENT WITH FIRST TEXAS HOMES, INC. MOTION: Council Member Miller moved to approve. Council Member Toten seconded. Motion carried 7-0. d. Approve a Resolution approving a Riverside (East) Homebuilders, LTD. Grisham) Chapter 380 Grant Agreement with (Economic Development Director Joey Staff was recently contacted by Doug Duffie, CPA, who proposed a Chapter 380 Agreement for sharing his client's (Riverside (East) Homebuilders, Ltd.) use tax paid in connection with building materials used by Riverside (East) to build new homes in the City of Anna. A Texas Direct Payment Permit (i.e., use tax permit) allows a Texas taxpayer to self -assess and pay use taxes on materials purchased for use or consumption as opposed to paying sales taxes directly to suppliers based on suppliers' place of business (primarily in larger metropolitan cities). Riverside (East) anticipates using a Texas Direct Payment Permit to pay use taxes each month directly to the Comptroller based on locations where materials are first -used at job sites. In order to limit administrative costs for the City, Riverside (East) is required to pay use taxes monthly, but will request semi-annual grants based on payments received by the City from January — June, then again for the period from July — December of each year during the ten-year term of the Agreement. This allows the City to verify receipt of all local use taxes received from Riverside (East) prior to payment of any grant. New local use taxes will be able to be independently verified by comparing a copy of Riverside (East)'s individual monthly use tax returns related to the City of Anna with amounts received from the Comptroller that were attributed to Riverside (East) Homebuilders, Ltd. Since Riverside (East) will pay 100%of the system, accounting, audit defense, and other ongoing administrative costs tied to paying use taxes, and since none of the upfront or ongoing tax compliance costs will be paid by the City, the Grant was requested based on 64% of Anna's 1.25% General City Use Tax, but none of the incremental .75% CDC Use Tax. The City will obtain a net 1.2% of the 2% combined City / CDC Tax and Riverside (East) Homes will receive .8% of the combined 2% City tax (roughly 60% for the City/CDC and 40% for Riverside (East). Based on Riverside (East)'s suppliers current places of business, the City would not receive any local sales tax revenue from Riverside (East)'s suppliers in the absence of the proposed 380 Agreement, and this approach will generate net new tax revenue for the City without incurring any new costs. FINANCIAL IMPACT: Based on Riverside (East)'s 120 undeveloped lots in Anna in the Green Meadows community, the company anticipates each new home will generate roughly $540 in net City / CDC tax revenues (after Grants) and $360 in net benefits for Riverside (East) that will be used to offset the company's costs for use tax compliance and audits. The City will retain 36% of the 1.25% General City use taxes collected and remitted for materials used on 120 homes to be built in Anna plus 100% of the incremental .75% CDC Use tax. Over the build -out period of the new homes in Anna, and presuming no inflation in the cost of building materials, Anna's "net" City tax revenues after Grants are anticipated to be $24,300 for the General Fund plus $40,500 for the CDC (total of $64,800) and $43,200 for Riverside (East). If the cost of building materials increase during the term of the Agreement or if Riverside (East) purchases new undeveloped lots in Anna and builds incremental new homes in the City, the benefits will increase. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS APPROVING A CHAPTER 380 GRANT AGREEMENT WITH RIVERSIDE (EAST) HOMEBUILDERS, LTD. MOTION: Council Member Ussery moved to approve. Council Member Carver seconded. Motion carried 7-0. e. Approve a Resolution approving the annual renewal for Fire Dispatch Services. (Chief Ray Isom) This item is the annual renewal for fire department dispatch services through Collin County Sheriff's Office. Fire Department dispatch services are at no cost to the City. This service, which includes 9-1-1 call takers, fire, and EMS operational communications is vital to the basic functionality of the fire department. Collin County provides dispatch services for both Anna PD and Anna FD. The County, through the Sheriff's Office, owns and operates communication facilities used in dispatching its law enforcement and emergency service personnel. Collin County provides dispatch services to Anna Fire Rescue as a courtesy, with no fee to the City, and will continue to do so throughout this agreement period. The City desires to continue obtaining dispatch services from the County as it is the only feasible method to accomplish this. Collin County collects and stores the City's data as it relates to dispatch services. This agreement remains in effect through September 30, 2021, and will be renewed at such time. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE RENEWAL OF THE INTERLOCAL DISPATCH SERVICES AGREEMENT WITH COLLIN COUNTY, TEXAS f. Approve a Resolution approving a zoning amendment initiation by City Council for Planned Development No. 08-2002 (PD # 08-2002). The initiation would allow for a public hearing to be called to consider an amendment to the Permitted Uses element within the existing planned development. The public hearings would be March 1, 2021, for the Planning and Zoning Commission and March 23, 2021 for the City Council. (Director of Development Services Ross Altobelli) A neighbor is requesting City Council initiate a zoning amendment for PD # 08-2002 that would allow for a public hearing to consider an amendment to the Permitted Uses element within the existing planned development. With City Council initiating the zoning amendment it will allow a neighbor to proceed forward with a zoning amendment to allow for a Registered family home at her residence. The process will follow City Council hearing and notice requirements which include a required public hearing and written notice to all owners of property located within the area proposed to be changed (Lakeview Estates Phase 1 & 2) and within 200 of the property boundary. A RESOLUTION INITIATING A ZONING AMENDMENT TO PLANNED DEVELOPMENT NO. 08-2002 AND SETTING PUBLIC HEARINGS UNDER SECTION 9.04.043 OF THE ANNA CITY CODE OF ORDINANCES FOR PUBLIC COMMENT AND CONSIDERATION OF SAID ZONING AMENDMENT TO ALLOW REGISTERED FAMILY HOME. MOTION: Mayor Pike moved to approve. Council Member Atchley seconded. Motion carried 4 - 3. Miller, Vollmer, and Toten opposed. g. Approve a Resolution regarding The Woods at Lindsey Place, Preliminary Plat. (Director of Development Services Ross Altobelli) David Booth, DR Horton -Texas, Ltd., has submitted an application for approval of a preliminary plat for The Woods at Lindsey Place. This is a multi -use development consisting of residential, multifamily, and commercial land uses located on 275± acres located at the northwest and southwest corners of future Rosemond Parkway and future Ferguson Parkway. Zoned PD-MU. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A PRELIMINARY PLAT FOR THE WOODS AT LINDSEY PLACE. h. Approve a Resolution approving an Interlocal Agreement with the City of Van Alstyne to acquire a portion of their Take or Pay Water Purchase for the water year 2019-2020 and authorize the City Manager to sign the agreement. (Finance Director Alan Guard) The City of Anna has agreed to purchase a portion of the City of Van Alstyne's Take or Pay water purchase. Each year the City Council is required to pass a Resolution approving that year's purchase through an interlocal agreement. This year's purchase is for 15,546,000 gallons at a rate of $1.765 per thousand gallons for a total of $27,438.25. Approve a Resolution approving a contract with GCEC for Internet Upgrades. (IT Manager Kevin Johnson) This is an amendment to a contract with GCEC; that, will upgrade the City's existing internet from 100mbps to 1 Gbps (1000mbps) at the new City Hall/PD. The dark fiber will provide us with private fiber connectivity for Public Works, Fire Station, and Waste Water directly into City Hall to take advantage of the upgraded internet speeds. The extra internet circuit for the Fire Department is a quality of life upgrade that is needed to provide Public Safety with private internet. 7. Items For Individual Consideration. a. Conduct a public hearing/Consider/Discuss/Action on an Ordinance approving amendments to Article 9.02 Subdivision Regulations, Article 9.04 Zoning Ordinance, and Article 9.05 Signs of Chapter 9 Planning and Development Regulations of the City of Anna Code of Ordinances in order to amend various sections in order to improve staff efficiency, modernize language, and provide general clean-up of regulations. (Director of Development Services Ross Altobelli) This request is to amend Article 9.02 Subdivision Regulations, Article 9.04 Zoning Ordinance, and Article 9.05 Signs of Chapter 9 Planning and Development Regulations and related sections of the City of Anna Code of Ordinances in order to amend various sections in order to improve staff efficiency, modernize language, and provide general clean-up of regulations. The amendments proposed are for the following topics: a. Minimum frontage requirement b. Retaining wall ownership c. Clarify "Impractical size" and fee collection for Park Land Dedication d. Consistency with the Texas Alcoholic Beverage Code (TABC), Chapter 109 Miscellaneous Regulatory Provisions e. Thoroughfare Overlay District f. Food and beverage overlay district g. Uses: garden (patio) homes & zero -lot line h. Uses: indoor commercial amusement, health club, gymnasiums, gymnastic or dance studio i. Uses: restaurants, private clubs, brewpubs, tasting rooms, wineries, and breweries j. Uses: personal service shops k. Uses: veterinarian clinics I. Flag Poles m. Subdivision signage maximum copy area AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S CODE OF ORDINANCES BY AMENDING CHAPTER 9 (PLANNING AND DEVELOPMENT REGULATIONS); 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. Mayor Pike opened the public hearing at 6:56 PM. No comments. Mayor Pike closed the public hearing at 6:57 PM. MOTION: Council Member Miller moved to table. Council Member Ussery seconded. Motion carried 7-0. After Closed Session City Council returned to the item and took action. MOTION: Council Member Miller moved to approve. Mayor Pike seconded. Motion carried 7-0. b. Consider a Resolution awarding the Foster Crossing Roadway Improvement Project to Reliable Paving, Incorporated, in an amount not to exceed $795,769.04. (Director of Public Works Greg Peters, P.E.) Foster Crossing Road is shown to be a future 4-lane divided roadway in the City of Anna Master Thoroughfare Plan. The development of Pecan Grove Phase 2-4 along the north side of the road was required to include the construction of the north half of this future 4-lane road along the development's frontage of Foster Crossing. The developers of Pecan Grove Phase 2-4 chose to escrow the construction funding for the road in lieu of constructing the road themselves. As such, City staff has bid the project and will manage the project as a City CIP roadway improvement project. The City completed a public bid process for the project in accordance with Local Government Code. Four bids were received, with the lowest qualified bid being received from Reliable Paving, Incorporated, for $795,769.04. Staff has reviewed Reliable Paving, Inc.'s, experience and references and finds Reliable Paving, Inc., to have the necessary experience, staff, and equipment to perform the job. Therefore, staff is recommending that the City Council approve a resolution awarding the project to Reliable Paving, Inc. Staff notified neighbors who reside on Foster Crossing Road of this agenda item. The project includes concrete driveway connections for each existing home on the road within the project limits. In addition, staff has offered to each neighbor the opportunity to have a meeting with the contractor and City staff to discuss specific details related to their driveways, access, and the construction schedule when the contractor is ready to proceed. Staff will ensure that all neighbors in the area have access to their property throughout construction, and that all driveways and adjacent right-of-way is returned to existing condition or better. The total project cost is $795,760.04. The developers of the adjacent project (Pecan Grove Phase 2-4) have escrowed construction funding for the project. The project funding will be paid for through Roadway Impact Fees collected from the development, with the escrow being reimbursed to the developer as impact fees are collected from the development to reimburse the City for the road construction. MOTION: Council Member Vollmer moved to approve. Council Member Toten seconded. Motion carried 7-0. C. Consider/Discuss/Action on appointment of the 2021 Boards and Commissions Interview Committee. (City Secretary Carrie Land) MOTION: Mayor Pike moved to appoint Stan Carver, Josh Vollmer, Randy Atchley, and Danny Ussery as alternate. Council Member Miller seconded. Motion carried 7-0. d. Consider/Discuss/Action on EDC/CDC Appointments. (City Manager Jim Proce) The Interview Committee had conducted interviews in December and nominated Matthew Seago. MOTION: Council Member Miller moved to appoint Matthew Seago to Place 5, with a term expiring May 2021. Council Member Toten seconded. Motion carried 7-0. e. Approve an Ordinance Amending the FY2020 - 2021 Budget to add 4.5 FTEs and funding for a Fire Apparatus to the General Fund and unfreeze 2.0 FTEs in the Utility Fund. (City Manager Jim Proce) The proposed budget amendment includes funding for the following purposes: Revenue for building permits is exceeding FY2021 budget projections as a result of the explosive growth in our community. This explosive growth is also resulting in the need for additional staff in order to maintain the quality of services for our neighbors. This budget amendment will add additional staffing as noted: • Convert a part-time Administrative Assistant to full-time in the City Manager's Office to assist with human resources needs and administrative help. (0.5 FTEs) • The position of IT Desk Help will be added to Information Technology to help with the additional technology needs of the growing staff, virtual meetings management and record keeping of same, and integration of off -site hardware to facilitate telecommuting needs as a result of COVID-19 impacts. (1.0 FTEs) • A Development Services Technician will be added to Development Services Department to help with the additional workload associated with the consistently large number of building permits expected and experienced. (1.0 FTEs) • Two Police Officers to expand patrol capabilities and fund the development of diversity in hiring in public safety through the use of the police academy. (2.0 FTEs) Additionally, the Utility Department will be unfreezing 2.0 FTEs. These positions were frozen to ensure that the new utility rate structure would provide adequate funding to keep the Utility Fund fiscally sound. After an analysis of the first quarter, staff has determined that the population growth and the new utility rate structure will allow for these positions to be unfrozen, resuming the prior staffing levels to support construction inspection and utility maintenance needs. These would be hired immediately. Lastly, this amendment includes funding for fire pumper truck that was purchased that was formerly owned by the City of Coppell. The expectation was for this expenditure to be recorded before the end of FY2020. Because the truck was not delivered until October, the expense was recorded against the FY2021 budget. Funding is available in the General Fund fund balance. MOTION: Council Member Atchley moved to approve. Council Member Toten seconded. Motion carried 7-0. 8. Closed Session (Exceptions). Under Tex. Gov'T Code Chapter 551, The City Council May Enter Into Closed Session To Discuss Any Items Listed Or Referenced On This Agenda Under The Following Exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071). Charter provisions; personnel policies; Council procedures; City ordinances. b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072). 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 developments. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074). Boards and Commissions MOTION: Council Member Vollmer moved to enter Closed Session. Council Member Miller seconded. Motion carried 7-0. Mayor Pike recessed the meeting at 7:33 PM. Mayor Pike reconvened the meeting at 8:36 PM. Council went back to Agenda Item 7a. for action. 9. Consider/Discuss/Action on any items listed on any agenda - work session, regular meeting, or closed session - that is duly posted by the City of Anna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. No action. 10. Adjourn. Mayor Pike adjourned the meeting at 8:37 PM. Approved on February 9, 2021. Mayor Nate Pike ATTEST: City Secretary Carrie L. Land THE CITY OF Anna AGENDA ITEM: Item No. 6.b. City Council Agenda Staff Report Meeting Date: 2/9/2021 Staff Contact: Ray Isom Approve a Resolution approving the annual AMR ambulance transport Interlocal Agreement with Collin County (Chief Ray Isom) SUMMARY: This item is the annual renewal related to the Interlocal Agreement for ambulance transport services through Collin County. This agreement utilizes American Medical Response (AMR) as the service provider and is vital to the basic functionality of the fire department. Collin County offers ambulance transport services to communities in the county that have not yet developed fire -based transport services. This is a cost -share agreement providing ambulances and EMS personnel that has existed for a significant period of time. These services will continue throughout this agreement period. The Fire Department must continue obtaining these services from the County until such time as the proper facilities, equipment, and personnel can be budgeted for and purchased. This agreement remains in effect through October 31,2021. FINANCIAL IMPACT: The annual cost of the ILA is $122, 140.14 STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 4: High Performing, Professional City STAFF RECOMMENDATION: Staff recommends approval. ATTACHMENTS: 1. Ambulance Billing EMS CONTRACT 2. FY21 Contract Amendment No. 1 - Ambulance Renewal Anna 3. AMR ILA Resolution 2021 APPROVALS: Ray Isom, Fire Chief Created/Initiated - 1/30/2021 EXHIBIT A FY 2019 EMS CONTRACT Fire District /City Unincorporated Incorporated % of Pop TOTAL AREA (ML) Coalition EMS Provider City AnnualCounty Cost Costs ANFD Anna 1,887 14,093 17.30% 15,980 43.5734 Northern AMR $122,140.14 $16,354.11 BLFD Blue Ridge 2,877 1,007 1.24% 3,884 69.7135 Eastern AMR $8,727.39 $24,934.16 BRFD Branch* 3,861 - 0.00% 31861 8.3176 Eastern AMR $0.00 $33,462.22 FVFD Farmersville 4,528 3,067 3.76% 7,595 80.0021 Eastern AMR $26,580.84 $39,242.93 JOFD Josephine 2,330 1,899 2.33% 4,229 31.6031 Eastern AMR $16,458.11 $20,193.47 LCFD Lowry Crossing 1,405 1,754 2.15% 3,159 11.6014 Eastern AMR $15,201.43 $12,176.75 MSFD Melissa 2,513 10,784 13.24% 13,297 28.0476 Northern AMR $93,461.95 $21,779.48 NVFD Nevada 3,011 1,234 1.51% 41245 20.2795 Eastern AMR $10,694.74 $26,095.51 PNFD Princeton 4,467 13,605 16.70% 18,072 53.7865 Eastern AMR $117,910.78 $38,714.26 RSFD Royse City 887 2,124 2.61% 31011 13.7265 Eastern AMR $0.00 $26,095.51 WMFD Westminster* 1,871 - 0.00. 1,871 28.2053 Northern AMR $0.00 $16,215.44 WEFD Weston 1,924 333 1 0.41%1 2,257 1 50.2557 n I AMR $2,886.02 $16,674.78 Total 1 31,561 49,900 1 61.26%1 81,461 1 439.1122Norther 1 $414,061.40 $291,938.60 TOTAL COST FOR SERVICES FOR THE YEAR - $706,000.00 Total Population 81,461 Contract Rate $ 706,000.00 Rate per person $ 8.666724 * Westminster Fire District contains Anna annextations * Collin County is responsible for unincorporated Westminster and Branch * The incorporated portion of Royse City is covered by Rockwall EMS COL N 1 N Amendment COUNTY IContract Two (2) Vendor: City of Anna Effective Date Attn: City Secretary Contract No. 111 N Powell Pkwy, P.O. Box 776 Anna, TX 75409 Contract Office of the Purchasing Agent Collin County Administration Building 2300 Bloomdale Rd, Ste 3160 McKinney, TX 75071 972-548-4165 11/1/2020 2019-086 Ambulance Services Agreement, Anna Awarded by Court Order No.: 2019-061-01-28 Amendment 1 Court Order No.: 2020-177-03-02 Amendment 2 Court Order No.: YOU ARE DIRECTED TO MAKE THE FOLLOWING AMENDMENT TO THIS CONTRACT Item #1 Extend contract for a twelve (12) month period at the same terms and conditions of the contract of November 1, 2020 through October 31, 2021. Item #2 Payment for contract year November 1, 2020 through October 31, 2021 is $122,140.14. Payments will be made quarterly. Item #3 Add Force Majeure to Terms and Conditions: Force Majeure: No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent such failure or delay is caused by or results from acts beyond the affected party's reasonable control, including, without limitation: acts of God; flood, fire or explosion; war, invasion, riot or other civil unrest; actions, embargoes or blockades in effect on or after the date of this Agreement; or national or regional emergency (each of the foregoing, a "Force Majeure Event"). A party whose performance is affected by a Force Majeure Event shall give notice to the other party, stating the period of time the occurrence is expected to continue and shall use diligent efforts to end the failure or delay and minimize the effects of such Force Majeure Event. Except as provided herein, all terms and conditions of the contract remain in full force and effect and may only be modified in writing signed by both parties. ACCEPTED BY: ACCEPTED AND AUTHORIZED BY AUTHORITY OF COLLIN COUNTY (Print Name) COMMISSIONERS' COURT City of Anna Collin County Administration Building 111 N Powell Pkwy, P.O. Box 776 2300 Bloomdale Rd, Ste 3160 Anna, TX 75409 McKinney, Texas 75071 SIGNATURE Michelle Charnoski, CPPB TITLE: Purchasing Agent DATE: DATE: CITY OF ANNA, TEXAS RESOLUTION NO. (ILA Collin CountyAmbulance Service) A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AMENDMENT TWO (2) TO AN INTERLOCAL AGREEMENT WITH COLLIN COUNTY FOR THE PROVISION OF AMBULANCE SERVICE WHEREAS, on May 13, 2014 the City Council of the City of Anna, Texas ("City Council") approved Resolution 2014-05-12, an Interlocal Agreement with Collin County, forthe provision of ambulance service (the "Agreement"); and WHEREAS, the Agreement may be renewed or extended for four additional one-year periods; and WHEREAS, the City of Anna, Texas (the "City") has renewed or extended the Agreement in 2014, 2015, 2016, 2017, 2018, 2019, and 2020; and WHEREAS, in order to preserve and protect the public health and safety of the residents of the City, the City of Anna Fire Chief has recommended that the City Council approve Amendment Two (2) to the Agreement, attached hereto as Exhibit 1, which will extend the Agreement for an additional one-year period; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Approval of Amendment to Interlocal Agreement The City Council hereby approves Amendment Four (4) to the Agreement (the "Contract Amendment"), attached hereto as Exhibit 1, and authorizes, ratifies and approves the City Manager's execution of same. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 9th day of February 2021. ATTEST: APPROVED: Carrie L. Land, City Secretary Nate Pike, Mayor THE CITY OF Anna AGENDA ITEM: Item No. 6.c. City Council Agenda Staff Report Meeting Date: 2/9/2021 Staff Contact: Ray Isom Approve a Resolution approving a service contract for EMS transport billing (Chief Ray Isom). SUMMARY: Emergicon is the fire department's preferred service provider for ambulance billing purposes. This contract is a required step in the process of placing Anna Fire Department's new ambulance into service. A cost recovery system must be in place before EMS transports can be conducted. This also establishes a billing system that is scalable and enables potential further EMS operations and expansion. On 6/23/2020, the Anna City Council approved the purchase of a transport ambulance utilizing CARES ACT funding. Up -fitting and medical equipment costs for this vehicle required an additional $95,000 which was also approved by the City Council. These items included a patient stretcher, LifePak 15 resuscitation unit, communications equipment, Lucas CPR device, and other related EMS items. The fire department is currently working on licensing the ambulance with the State of Texas, establishing the required Medical Control Officer, and creating a cost recovery mechanism for billing purposes. This proposal is in alignment with the fire department's internal Strategic Plan and apparatus matrix which defines our vehicle acquisition and replacement schedule through FY 2040. It will also move the department closer to its ultimate goal of fire - based EMS transport. aIZ/_10us] /_1>lIJil:7_TO6 Percentages and compensation information can be found on page 8, Section 10 of the billing services agreement. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 4: High Performing, Professional City STAFF RECOMMENDATION: Staff recommends approval. ATTACHMENTS: 1. City of Anna Texas - 2021 BAA - updated 2. City of Anna Texas- 2021 Service Agreement updated 3. Emergicon Resolution for Ambulance Billing_2-2021 APPROVALS: Ray Isom, Fire Chief Created/Initiated - 1/30/2021 Business Associate Agreement Between City of Anna, TX and Emergicon, LLC This Business Associate Agreement ("Agreement") between City of Anna, TX and Emergicon, LLC is executed to ensure that Emergicon, LLC will appropriately safeguard protected health information ("PHI") that is created, received, maintained, or transmitted on behalf of City of Anna, TX in compliance with the applicable provisions of Public Law 104-191 of August 21, 1996, known as the Health Insurance Portability and Accountability Act of 1996, Subtitle F — Administrative Simplification, Sections 261, et seq., as amended ("HIPAA"), and with Public Law 111-5 of February 17, 2009, known as the American Recovery and Reinvestment Act of 2009, Title XII, Subtitle D — Privacy, Sections 13400, et seq., the Health Information Technology and Clinical Health Act, as amended (the"HITECH Act"). A. General Provisions 1. Meaning of Terms. The terms used in this Agreement shall have the same meaning as those terms defined in HIPAA. 2. Regulatory References. Any reference in this Agreement to a regulatory section means the section currently in effect or as amended. 3. Interpretation. Any ambiguity in this Agreement shall be interpreted to permit compliance with HIPAA. B. Obligations of Business Associate Emergicon, LLC, agrees that it will: 1. Not use or further disclose PHI other than as permitted or required bythis Agreement or as required bylaw; 2. Use appropriate safeguards and comply, where applicable, with the HIPAA Security Rule with respect to electronic protected health information ("e- PHI") and implement appropriate physical, technical and administrative safeguards to prevent use or disclosure of PHI other than as provided for by this Agreement; 3. Report to City of Anna, TX any use or disclosure of PHI not provided for by this Agreement of which it becomes aware, including any security incident (as defined in the HIPAA Security Rule) and any breaches of unsecured PHI as required by 45 CFR § 164.410. Breaches of unsecured PHI shall be reported to City of Anna, TX without unreasonable delay but in no case later than 60 days after discovery of the breach; 4. In accordance with 45 CFR 164.502(e)(1)(ii) and 164.308(b)(2), ensure that any subcontractors that create, receive, maintain, or transmit PHI on behalf of Emergicon, LLC agree to the same restrictions, conditions, and requirements that apply to Emergicon, LLC with respect to such information; 5. Make PHI in a designated record set available to City of Anna, TX and to an individual who has a right of access in a manner that satisfies City of Anna, TX's obligations to provide access to PHI in accordance with 45 CFR § 164.524 within 30 days of a request; 6. Make any amendment(s) to PHI in a designated record set as directed by City of Anna, TX, or take other measures necessary to satisfy City of Anna, TX's obligations under 45 CFR § 164.526; 7. Maintain and make available information required to provide an accounting of disclosures to City of Anna, TX or an individual who has a right to an accounting within 60 days and as necessary to satisfy City of Anna, TX's obligations under 45 CFR § 164.528; 8. To the extent that Emergicon, LLC is to carry out any of City of Anna, TX's obligations under the HIPAA Privacy Rule, Emergicon, LLC shall comply with the requirements of the Privacy Rule that apply to City of Anna, TX when it carries out that obligation; 9. Make its internal practices, books, and records relating to the use and disclosure of PHI received from, or created or received by Emergicon, LLC on behalf of City of Anna, TX, available to the Secretary of the Department of Health and Human Services for purposes of determining Emergicon, LLC and City of Anna, TX's compliance with HIPAA and the HITECH Act; 10. Restrict the use or disclosure of PHI if City of Anna, TX notifies Emergicon, LLC of any restriction on the use or disclosure of PHI that City of Anna, TX has agreed to or is required to abide by under 45 CFR § 164.522; and 11. If City of Anna, TX is subject to the Red Flags Rule (found at 16 CFR §681.1 et seq.), Emergicon, LLC agrees to assist City of Anna, TX in complying with its Red Flags Rule obligations by: (a) implementing policies and procedures to detect relevant Red Flags (as defined under 16 C.F.R. §681.2); (b) taking all steps necessary to comply with the policies and procedures of City of Anna, TX's Identity Theft Prevention Program; (c) ensuring that any agent or third party who performs services on its behalf in connection with covered accounts of City of Anna, TX agrees to implement reasonable policies and procedures designed to detect, prevent, and mitigate the risk of identity theft; and (d) alerting City of Anna, TX of any Red Flag incident (as defined by the Red Flag Rules) of which it becomes aware, the steps it has taken to mitigate any potential harm that may have occurred, and provide a report to City of Anna, TX of any threat of identity theft as a result of the incident. C. Permitted Uses and Disclosures by Business Associate The specific uses and disclosures of PHI that may be made by Emergicon, LLC on behalf of City of Anna, TX include: 1. The preparation of invoices to patients, carriers, insurers and others responsible for payment or reimbursement of the services provided by City of Anna, TX to its patients; 2. Preparation of reminder notices and documents pertaining to collections of overdue accounts; 3. The submission of supporting documentation to carriers, insurers and other payers to substantiate the healthcare services provided by City of Anna, TX to its patients or to appeal denials of payment for the same; and 4. Other uses or disclosures of PHI as permitted by HIPAA necessary to perform the services that Emergicon, LLC has been engaged to perform on behalf of City of Anna, TX. D. Termination City of Anna, TX may terminate this Agreement if City of Anna, TX determines that Emergicon, LLC has violated a material term of the Agreement. 2. If either party knows of a pattern of activity or practice of the other party that constitutes a material breach or violation of the other party's obligations under this Agreement, that party shall take reasonable steps to cure the breach or end the violation, as applicable, and, if such steps are unsuccessful, terminate the Agreement iffeasible. 3. Upon termination of this Agreement for any reason, Emergicon, LLC shall return to City of Anna, TX or destroy all PHI received from City of Anna, TX, or created, maintained, or received by Emergicon, LLC on behalf of City of Anna, TX that Emergicon, LLC still maintains in any form. Emergicon, LLC shall retain no copies of the PHI. If return or destruction is infeasible, the protections of this Agreement will extend to such PHI. Agreed to this day of , 2021 Emergicon, L.L.C. �_ 1/20/2021 Signature: City of Anna, TX Signature: Christopher Turner, President Jim Proce, City Manager AGREEMENT FOR SPECIALIZED PROFESSIONAL AMBULANCE BILLING SERVICES This Agreement is entered into this day of , 2021, by and between Emergicon, LLC, a Texas limited liability company and City of Anna, a Texas municipality, ("Client"). RECITALS WHEREAS, Client provides emergency and/or non -emergency ambulance services for which it is eligible for payment or reimbursement by patients, insurance carriers, governmental agencies, employers and others; WHEREAS, Emergicon is engaged in the business of providing third -party billing and accounts receivable management specialized professional services for ambulance and emergency medical service organizations; WHEREAS, Client desires to utilize Emergicon for billing and claims management services for its organization; and WHEREAS, Emergicon is willing to provide such specialized professional services upon the terms and conditions provided in this Agreement; THEREFORE, in consideration of the mutual promises contained in this Agreement, and other good and valuable consideration, the sufficiency of which is acknowledged, the parties, intending to be legally bound, agree as follows: 1. Appointment. Client hereby engages Emergicon to perform the Specialized Professional Services as described in Paragraph 2 of this Agreement and Emergicon accepts such appointment and agrees to provide Specialized Professional Services in accordance with the terms of this Agreement. Client agrees that this appointment is exclusive and that Client will not enter into any contract, agreement, arrangement or understanding with any other person or entity, the purpose of which is to provide for the same or substantially similar specialized professional services during the term of the Agreement, unless the parties agree otherwise as set forth in writing in an Addendum to this Agreement. For purposes of the appointment, the recitals set forth above are incorporated by reference and made a part of this Agreement as if set forth in their entirety. 2. Specialized Professional Services. Emergicon agrees to perform the following duties (collectively referred to as the "Services") on behalf of Client: a. Provide Client with instructions for the submission of Required Documentation to Emergicon. For purposes of this Agreement, "Required Documentation" shall consist of prehospital patient care reports (PCRs) (also referred to as "trip sheets" or "run reports"), (PCSs) (required for non -emergency transports), patient authorization signatures (sometimes referred to as "assignment of benefits forms" or "signature forms"), Advance Beneficiary Notices of Non -coverage (ABNs) and other documentation necessary for Emergicon to perform the Specialized Professional Services under this Agreement. All Required Documentation must be signed in accordance with applicable laws, regulations and payer guidelines. b. Review the Required Documentation, based on the information supplied by Client, for completeness and eligibility for submission to request reimbursement and to verify compliance under applicable laws, regulations or payer rules, based upon Emergicon's understanding of said laws, regulations or payer rules applicable to the date the ambulance services were rendered. If any Required Documentation is missing, Emergicon will request necessary documentation from Client. C. Promptly prepare and submit claims deemed complete and eligible for reimbursement by Emergicon in conformance with this Agreement for electronic or paper submission to the appropriate party or payer based on the information supplied by Client. In the event that Emergicon deems the Required Documentation to be incomplete or inconsistent, Emergicon will notify Client that additional information may be required to process the claim, and Emergicon will return any or all of the Required Documentation to Client that Emergicon determines may be incomplete or inaccurate and will not be responsible to submit any claims with insufficient documentation. Emergicon will make a decision regarding the appropriate coding and payer for submission of the claim based on the information supplied by Client. Client understands and acknowledges that not all accounts will satisfy the eligibility requirements of all payers, and that it might not be possible to obtain reimbursement in all cases. Emergicon makes no representation or warranty that all claims are payable or will be paid, and Client agrees to abide by Emergicon's decisions with regard to proper coding and payer based on the information provided to Emergicon by Client. d. Promptly post payments made on Client's behalf by patients, insurers and others. e. Unless otherwise directed by Client, make reasonable efforts for the collection of co -payments, deductibles or other patient balances, to include the preparation of invoices and a maximum of three contact attempts to patients, supplemental insurers or other financially responsible parties at industry - appropriate intervals. f. Perform follow-up for a commercially reasonable period of time following the initial billing date on all open accounts (See Paragraph 10(d) below). After this follow-up period, Emergicon will either return the accounts to Client or forward the accounts to a collection agency of Client's choosing at no cost to Client. Client and/or its designated collection agency shall bear all costs and liabilities of collections activities and collection agency charges, which charges shall not include any amounts due to Emergicon under this Agreement. g. Provide monthly reports to Client, which include, at a minimum, cash received, accounts receivable and balance summary. Emergicon shall furnish those reports to Client. h. Notify Client of any overpayments and/or credit balances of which Emergicon becomes aware that must be refunded by Client. Client bears sole responsibility for the refund of any overpayments or credit balances to Medicare, Medicaid, patients, or other payers or insurers, and agrees to make such refunds when and within the time frames required by law. i. Emergicon may, at its option, assist Client in processing such refunds, but all refunds are to be made solely with Client's funds, and Emergicon has no responsibility to make such refunds unless and until Client transfers such funds to Emergicon for this purpose. Emergicon shall not advance funds on behalf of Client for this purpose. Client acknowledges that federal law requires that any overpayments made by Medicare or any other federal health care program be refunded within 60 days of the identification of any such overpayments. Notwithstanding the foregoing or any contrary provision in this Agreement, Emergicon shall refund to Client all money paid to Emergicon by Client under any one or more provisions of this Agreement, if the overpayment was a result of Emergicon's actions, based upon the overpayment amount. Such payments shall be made to Client within fifteen (15) days of written demand by Client. j. If Client desires that its patients be able to pay their accounts utilizing credit cards, establish a credit card merchant account and related capabilities to permit Client's patients to pay via any major credit card. Emergicon shall in its sole discretion determine which credit cards it will accept. Any credit card processing fee shall not be the responsibility of Client. Emergicon may offset processing fees by passing the fees through to the patient. 2 k. Assist Client in preparing, filing and updating the information on its Medicare, Medicaid or other insurer provider enrollment forms, as well as responding to required revalidations of Client's provider enrollment status. Client bears the sole responsibility to ensure that its Medicare, Medicaid or other insurer provider enrollment forms are submitted and updated in accordance with federal and state law, regulations and policies, and that they do so in a timely manner. If Client's status as a Medicare or Medicaid provider has lapsed prior to the effective date of this Agreement, Emergicon shall re -enroll Client for an additional fee as described in Paragraph 10(e). 3. Specifically Excluded Duties of Emer ig con. Notwithstanding any provisions of this Agreement to the contrary, Emergicon shall not be responsible to: a. Initiate or pursue litigation for the collection of past due accounts. b. Invoice for Client's non -ambulance medical transportation services, including but not limited to mobile integrated health programs, paratransit services, wheelchair van, invalid coach services, litter vans and stretcher cars, unless specific arrangements are made otherwise. c. Negotiate any checks made payable to Client, though Emergicon may receive funds as an agent of Client for transmittal to Client where permitted by Client; d. Accept reassignment of any benefits payable to Client; e. Provide legal advice or legal services to Client, any of Client's patients or payers, or anyone acting on Client's behalf, f. Obtain any prior authorizations on behalf of Client or obtain a Physician Certification Statement or other Certificate of Medical Necessity on behalf of Client. 4. Responsibilities of Client. Client agrees to do the following, at its sole cost and expense: a. Provide Emergicon with all Required Documentation, as set forth in Paragraph 2(a), above, as well as the following data: Patient Name and Address, Date of Birth, Date of Service, Patient Medical Condition, Reason for Transport, Services Rendered (including assessments, interventions and other care), Origin and Destination with accompanying Zip Code, Transport Destination with accompanying Zip Code, Odometer Reading/Loaded Mileage (to the nearest tenth of a mile), and all relevant insurer or payer information, including identity of payer, group or plan numbers, patient's Insurance/Medicare/Medicaid Number, and all other relevant information and ensure that this data and the information contained on the Required Documentation is complete and accurate based upon the information provided to Client. Emergicon reserves the right to modify any Required Documentation or data at any time in accordance with new or revised payer requirements, and will provide a copy of any such revisions to Client in writing. Client acknowledges that Emergicon must rely upon the accuracy and completeness of the forms, signatures and other documentation provided to it by Client to allow Emergicon to perform the Specialized Professional Services specified in this Agreement. Emergicon is not in a position to verify the accuracy or completeness of the Required Documentation provided by Client. By forwarding any such documentation to Emergicon, Client expressly represents that any such documentation is complete and accurate based upon information that has been provided to Client, and that Emergicon may rely upon the completeness and accuracy of any such documentation in performing its Services under this Agreement. Client bears sole responsibility for the claim submissions made by Emergicon on its behalf based upon the aforementioned documentation submitted to Emergicon by Client. b. Maintain its qualifications to provide ambulance services, including any required local, state and/or federal licenses, permits, certificates or enrollments (collectively, "Licenses"), and to remain in good standing with Medicare, Medicaid and all other state and federal health care programs. Client shall provide copies of all current Licenses, including renewals, to Emergicon. Client shall be responsible to maintain a National Provider Identifier (NPI) number and to update the information associated with its NPI. Client expressly represents that it will not forward accounts for processing by Emergicon if Client is ineligible for payment by any payers or insurers as a result of its licensure status, exclusion or other sanction with such payer or insurer, or other legal impediment, and that it will promptly notify Emergicon of any suspension or revocation of any required license, permit, certification or enrollment, or exclusion from any state or federal health care program or any change in ownership or management of Client. C. Provide Emergicon with a copy of all required Licenses, permits, certificates and enrollments as referenced in Paragraph 4(b), and forward updates of these documents to Emergicon as they are renewed. d. Provide Emergicon with odometer readings or other documentation of mileage accepted by the payer on all calls reflecting loaded mileage (from the point of patient pickup to the destination) recorded in tenths of a mile as required by Medicare guidelines. e. In accordance with appropriate payer guidelines, obtain the signature of the patient or other authorized representative of the patient or otherwise meet the ambulance signature requirements set forth at 42 CFR § 424.36 on each call and forward to Emergicon as part of the Required Documentation. f. In the event that Client operates a subscription, membership, or resident write-off program, client represents and warrants that its program is actuarially sound in accordance with the guidance of the Office of Inspector General (OIG) and operated in accordance with any applicable state laws, regulations or guidelines. Emergicon will bill in accordance with the terms of such program, provided that Client furnishes those terms to Emergicon in writing. Client is responsible to inform Emergicon of its patients who are members or subscribers of Client's membership or subscription program. Notwithstanding any other provision of this Agreement, however, only to the extent allowed by law, Client agrees to defend, indemnify and hold harmless Emergicon in the event that Client's subscription or membership program is not actuarially sound as set forth in applicable OIG guidance or is not permissible under State law, regulation or policy. g. If Client is a party to any ALS-BLS "joint billing" or "bundle billing" agreement, Client shall be responsible to provide Emergicon with a copy of such agreement. Client also agrees to submit a PCR from the other party to the joint billing agreement along with the Required Documentation. h. Obtain a completed and valid PCS form on all trips where required by law and provide copies of all PCS forms to Emergicon as part of the Required Documentation. i. Provide Emergicon with a copy of all Client rate schedules, contracts or agreements which pertain to Client's billing or charges for services. j. Notify Emergicon of any or all changes in billing charges for service or changes in any of Client's billing policies or contracts not later than ten (10) days prior to the effective date of said changes. k. Report all payments made directly to Client within three (3) business days of Client's receipt of same. 1. Cooperate reasonably with Emergicon so as to enable Emergicon to meet its obligations under this Agreement. In the event that Client's approval is required in order for Emergicon to fulfill any obligations it may have under this Agreement, Client shall not unreasonably withhold, condition or delay its approval. E In. In writing, notify Emergicon of any customized needs (reporting, scheduling, support for Texas Ambulance Supplemental Payment Program (TASPP), etc.). Client understands that the processing of customized needs may entail additional charges to Client by Emergicon. n. Designate a contact person, authorized to transact business on behalf of Client, who can promptly respond to any questions raised by Emergicon, or who can execute required forms and other documents necessary to the provision of Services by Emergicon under this Agreement. o. Agree to permit Emergicon to provide training to Client personnel in the event that Emergicon and Client agree that such training is necessary and/or desirable at a cost to be mutuallyagreed upon by the parties and paid by Client. P. Provide electronic transfer of PCR data in an acceptable NEMSIS format to Emergicon, Client agrees to bear all cost of the development and implementation of the electronic software "bridge" as mutually agreed upon by the parties and in conjunction with Emergicon information technology personnel, representatives, or contractors. 5. Record Ownership and Access. a. Client understands that all documentation provided to Emergicon by Client, whether in paper and/or electronic form, is for the sole and express purpose of permitting Emergicon to provide Specialized Professional Services under this Agreement. It is Client's responsibility to maintain all of its documents and business records, including copies of any documents or records provided to Emergicon ("Client -Provided Records"). Emergicon does not act as Client's records custodian. b. As a convenience to Client, Emergicon will, during the term of this Agreement, produce patient care reports in response to routine attorney requests (with appropriate patient authorization) for such documentation, if those records are in Emergicon's possession at the time it receives such attorney request. For subpoenas, as well as any requests beyond those deemed by Emergicon to be routine attorney requests, Emergicon shall forward such requests to Client for disposition, and required documentation shall be provided to Client by Emergicon at no additional cost to Client. C. During the term of this Agreement, Emergicon shall, upon Client's written request, provide to Client, in electronic format and within 14 days of receipt of such written request, copies of any Client -Provided Records furnished to Emergicon by Client, and to any Claim Adjudication Documents generated by and received from insurers or payers in response to claims submitted by Emergicon on Client's behalf. "Claim Adjudication Documents" shall consist of the documents generated secondary to claim submission in the normal course of claim processing by payers and insurers, including Explanation of Benefits (EOB) documents, Remittance Advice (RA) documents, Medicare Summary Notice (MSN) documents, denials, and other documents of a similar type or nature. d. Any documents, data, records, or information compiled in the course of Emergicon's provision of Specialized Professional Services under this Agreement, other than those Client - Provided Records and Claim Adjudication Records defined in Paragraphs 5(a) and (c) above, shall be the sole and exclusive property of Emergicon and shall be considered the business and/or proprietary records of Emergicon. Emergicon shall have no obligation to furnish any such business or proprietary records of Emergicon to Client, and Client shall have a right of access only to the Client -Provided Records and Claim Adjudication Documents as defined in Paragraphs 5(a) and (c), above. Notwithstanding the foregoing, Client and Emergicon understand and agree that documents required to be disclosed by court order, federal or state law, including without limitation, those documents, records or information which are responsive to a request for public information under state or federal law, shall be provided to Client by Emergicon. e. If Client or a third party requests any documents or records to which Client or the third party has a right of access under Paragraphs 5(a) and (c) of this Agreement, and such documents cannot be provided to Client in electronic form, Emergicon may charge Client the per -copy amount for medical records permitted under the Texas Medical Board rules at the time of Client's request. f. Should this Agreement be terminated for any reason, all documents and records to which Client has a right of access under Paragraphs 5(a) and (c) of this Agreement shall be maintained in electronic format at a site convenient to Emergicon for a reasonable amount of time for follow-up of all open claims, but in any event not to exceed ninety (90) days following the effective date of termination of this Agreement. Electronic or paper copies of the records to which Client has a right of access under Paragraphs 5(a) and (c) will be made available to Client, at Client's sole cost and expense, in a format agreed upon by Emergicon and Client at the Client's written request provided that Client makes such request within thirty (30) days following termination of the Agreement, and provided that Client has no undisputed outstanding invoices due to Emergicon at the time of the request. Emergicon shall have absolutely no responsibility whatsoever after termination of this Agreement to provide any monthly reports or other such Emergicon-generated reports to Client, except as required by Court order or applicable law. g. Upon termination of this Agreement, Client is responsible to notify all payers, patients, and other correspondents of its new address, phone and/or fax numbers for billing or payment purposes. After termination, Emergicon will not be responsible for mail, deliveries, faxes, messages or other communications sent in Client's name to Emergicon after the effective termination date of this Agreement, and Emergicon shall have no duty to accept, maintain, copy, deliver or forward any such communications to Client following termination of this Agreement. h. Costs for copies of documents required and/or requested by Client beyond the requirement of the normal daily claim handling requirements will be invoiced to Client by Emergicon at a reasonable per copy price per the Texas Medical Board rules at the time of the request. 6. Client Accounting and Auditing Requirements. If Client requires Emergicon's assistance in Client's accounting or other internal audits, Emergicon will charge Client for said audit support services at its customary rates, to be established by Emergicon from time to time. Upon written request of Client for same, Emergicon shall furnish said rates to Client in writing prior to undertaking any work pursuant to this Paragraph. 7. Term and Termination. a. This Agreement is for an initial term of one year, and will automatically renew for two (2) successive terms of one (1) year each unless terminated hereunder. b. This Agreement may be terminated upon the expiration of its then -current term, with or without cause, by either party, upon written notice to the other parry, given no later than ninety (90) days prior to the expiration of the then -current term or as otherwise expressly provided herein. C. This Agreement may be terminated by Emergicon or Client immediately upon written notice to the other Party for any of the following reasons: i. If either Party makes an assignment for the benefit of creditors, files a voluntary or involuntary petition in bankruptcy, is adjudicated insolvent or bankrupt, petitions or applies to any tribunal for the appointment of any receiver of any trustee over its assets or properties, commences any proceeding under any reorganization, arrangement, readjustment of debt or similar law or statute of any jurisdiction, whether now or hereafter in effect, or if there is commenced against the other party any such proceeding which remains un-dismissed, un-stayed, or the other party by any act or any omission to act indicated its consent to, approval of or acquiescence in any such proceeding or the appointment of any receiver or of any trustee, or suffers any such receivership or trusteeship to continue undischarged, un- stayed, or un-vacated for a period of thirty (30) days. ii. If either Party loses its license, permit or certification necessary to do business, or is excluded from any state or federal health care program. iii. If either Party fails to perform any of its responsibilities as set forth in this Agreement, fails to pay the other Party as set forth herein within thirty (30) days of the date such payment becomes due or such other time period as expressly provided herein, takes any actions which either Party reasonably determines to be illegal or non -compliant with law or with this Agreement, or fails to cooperate in any way that prevents, impedes, obstructs or delays either Party in the performance of its respective obligations hereunder as set forth in this Agreement. d. Upon termination for any reason, Emergicon shall perform follow-up on any open accounts submitted by Emergicon on Client's behalf for a period not to exceed ninety (90) days from the date of termination, unless Client declines that service from Emergicon by providing written notice to Emergicon. Emergicon shall have no responsibility to perform such follow-up in the event Client takes any actions which prevent Emergicon from engaging in such follow-up, or in the event that Client has any unpaid balances due to Emergicon on the date of termination of this Agreement. e. Upon termination for any reason, Client shall be responsible to pay the fees set forth in Paragraph 10 below, for all revenues collected by Emergicon on Client's behalf and for all claims billed on Client's behalf pursuant to Paragraph 10(b), below, during the 90-day follow-up period set forth in Paragraph 7(d) above. After notice of termination is given, all invoices are due and payable by each Party to the other Party within five (5) days of same. In the event that Client does not remit payment on any such invoice within five (5) days of the invoice, Emergicon shall have no responsibility to perform any further follow-up on open accounts, notwithstanding the provisions of Paragraph 7(d) above. 8. External and Internal Audits. a. Client shall immediately notify Emergicon if there has been any prepayment audit or review, post payment audit or review, or any investigation or other formal inquiry into the billing practices of Client and/or Emergicon, or claims submitted by Emergicon on behalf of Client, where such audit or investigation is or appears to have been initiated by any governmental agency, insurer, payer, carrier, Medicare Administrative Contractor, Recovery Audit Contractor, Zone Program Integrity Contractor, Unified Program Integrity Contractor, Medicaid Fraud Control Unit, other Medicare or Medicaid contractor or other agency or entity authorized to carry out any such audit or investigation. This obligation shall survive termination of this Agreement for any reason. b. The Client bears sole responsibility for obtaining and paying for any legal or consulting assistance necessary in defending itself in any such audit or investigation. Emergicon shall assist Client in producing any records, reports or documents in its possession which pertain to the audit or investigation and may charge Client a reasonable fee, as determined by Texas Medical Board rules at the time of the request, for copying, preparation, assembly or retrieval of such documents or reports. Emergicon shall have no obligation to perform any duties under this Paragraph 8(b) following termination of this Agreement for any reason. C. Client is solely responsible for repaying any overpayments or recoupments sought or imposed by any insurer, carrier, payer or governmental agency or contractor, including interest, civil monetary penalties, fines or other such assessments. d. Client understands and acknowledges that Emergicon, as part of its compliance program, may on occasion, and at its sole discretion, perform or contract for the performance of periodic, random, internal audits of its coding, billing and other business practices. These voluntary, internal compliance audits may reveal the existence of Client overpayments, and Client agrees that any such overpayments identified by Emergicon in its internal auditing process will be refunded by Client as described in more detail in Paragraph 2(h) of this Agreement. 9. Disposition of Funds. a. All funds Emergicon receives from third party payers, patients or other sources for ambulance services provided by Client shall be made in the name of Client and forwarded monthly to Client or deposited into a Client account as directed by Client. b. If Client desires that its patients be able to pay their accounts utilizing credit cards, then Emergicon shall accept credit card payments on behalf of Client's patients in a manner that is secure and agreed upon by the parties, and only to the extent possible and feasible, without making Emergicon a collection agency and responsible for compliance with the federal Fair Debt Collection Practices Act and other state or federal debt collection laws. law. C. Emergicon shall not accept a reassignment of any benefits where prohibited by 10. Compensation. a. In exchange for the Specialized Professional Services described in this Agreement, Client shall pay Emergicon a fee equivalent to eight percent (8.00%) of all revenues collected by Emergicon on behalf of Client. b. For all payers that prohibit percentage -based billing arrangements, such as Department of State Health Services' (DSHS') Children with Special Health Care Needs (CSHCN) Services Program, Client shall pay Emergicon a flat fee of $38 per trip, to be invoiced at the time of billing. C. If Client instructs Emergicon to collect on an account(s) initially billed by another Contractor, Emergicon shall be compensated and paid for the collection efforts on said account in accordance with the following schedule: Twenty-two Percent (22%) of the total amount collected on the account. d. If Client instructs Emergicon to continue to pursue Patient Pay accounts with balances beyond 120 days from the date of transport, Emergicon shall be compensated and paid for the collection efforts on said account in accordance with the following schedule: Eighteen Percent (18%) of the total amount collected on the account. e. If Client is disenrolled or inactive as a Medicare or Medicaid provider prior to the effective date of this Agreement, Emergicon shall re -enroll Client for an additional fee of $1,500 for Medicare and $500 for Medicaid, plus any fees assessed by the Centers for Medicare & Medicaid Services. f. The fees payable by Client to Emergicon shall be invoiced to Client on a monthly basis and shall be calculated in accordance with the receipts report generated by Emergicon and the terms of this Agreement. g. Emergicon shall submit invoices to Client on a monthly basis. Invoices are to be paid by Client within thirty (30) days of the invoice date. h. In the event that Client is obligated to refund any overpayment or credit balance as set forth in Paragraph 2(h), fees paid to Emergicon by Client for such refunded overpayment or credit balance shall also be credited or refunded to Client in accordance with the provisions of this Agreement. i. The rates set forth by Emergicon to be charged to Client for Specialized Professional Services rendered are subject to change ("Rate Change") by Emergicon upon ninety (90) days written notice to Client. Notwithstanding any other provision of this Agreement, Client may terminate this Agreement after receiving notice of a Rate Change by providing written notice of termination to Emergicon within sixty (60) days of receiving the notice of the Rate Change. 11. Indemnification and Insurance. a. In addition to any specific indemnification provisions set forth in this Agreement, only to the extent allowed by law, Client shall hold harmless, indemnify and defend Emergicon and/or its employees, officers, directors and agents from and against any and all costs, claims, losses, damages, liabilities, expenses, judgments, penalties, fines, and causes of action to the extent caused by any willful or grossly negligent act or omission on the part of Client or its agents, servants, volunteers, contractors or employees. This provision shall include all costs and disbursements, including without limitation court costs and reasonable attorneys' fees. b. In addition to any specific indemnification provisions set forth in this Agreement, Emergicon shall hold harmless, indemnify and defend Client and/or its employees, officers, directors and agents from and against any and all costs, claims, losses, damages, liabilities, expenses, judgments, penalties, fines and causes of action to the extent caused by any willful or grossly negligent misconduct of any Emergicon agent, servant, contractor or employee and which relate to the Specialized Professional Services performed by Emergicon under this Agreement. C. Emergicon shall maintain errors and omissions insurance coverage in an amount not less than $4,000,000. Client will be named as an additional insured under the policy and Emergicon shall provide proof of such coverage to Client upon execution of this Agreement and thereafter upon within ten (10) days of written request for same. d. Notwithstanding any other provision of this Agreement, Emergicon shall not be liable for any damages, including but not limited to loss in profits, or for any special, incidental, indirect, consequential or other similar damages suffered in whole, or in part, in connection with this Agreement. Any liability of Emergicon for any disputed billing performed by Emergicon on behalf of Client shall not exceed any amounts paid to Emergicon by Client under this Agreement. e. Where any provision of this Agreement obligates either party to defend, indemnify, hold harmless, and/or reimburse the other parry, such agreement shall include any claims, losses, assessments or damages of any kind, and shall apply equally to that party and to its employees, owners, agents, contractors, attorneys, consultants, accountants, and servants. f. Notwithstanding the foregoing or any provision of this Agreement, Emergicon understands and agrees that City's obligations to indemnify Emergicon under this Agreement are binding only to the extent allowed by law based upon City's status as a body under the Texas Constitution, and Emergicon expressly acknowledges that no such limitation or qualification is applicable to Emergicon's obligation to defend, indemnify, release and/or hold harmless City under the terms of this Agreement. g. It is expressly agreed and understood by both parties that certain repayment or refund demands may be made by insurance payers that are not the result of negligence on the part of either parry and therefore are not subject to indemnity as set forth in this Paragraph 11. Specifically, there may be claims that are audited or reviewed and later determined not to be medically necessary, not to justify the level of care provided and/or billed, or otherwise denied or down -coded to a lower level of service. In such situations, the parties will work together to respond to and appeal such denials, and if determined that repayment is in fact due after the exhaustion of such available appeals, the parties will pay their pro-rata share of refund based on the % fee set forth in Paragraph 10.a. above. 12. Confidentiality. Neither Emergicon nor Client shall, during the term of this Agreement or for any extension hereof, for any reason, disclose to any third parties any proprietary information regarding the other party unless required to do so by law, regulation, subpoena, or Court order. For purposes of this Agreement, "proprietary information" shall include, but not be limited to, pricing or rate information, information pertaining to contracts with payers, insurers, facilities, ambulance providers, health care systems, or other such parties, audit requests, audit results, billing processes, client lists or other such information. The Parties understand and agree that any determination regarding whether "proprietary information" or "confidential" (as defined or deemed under this Agreement) may lawfully be withheld may be subject to review by the Texas Attorney General or by a Court of proper jurisdiction, and disclosure to either the Texas Attorney General or a Court for purposes of determining whether disclosure is required shall not be considered a breach of confidentiality. 13. Compliance. a. Emergicon will conduct its activities and operations in compliance with all state and federal statutes, rules and regulations applicable to billing activities. Emergicon expressly represents and warrants that it is under no legal impediment to billing or receiving reimbursement for its services, and that all of Emergicon's personnel are appropriately licensed and/or certified to furnish the services provided by Emergicon. Emergicon agrees to defend, indemnify and hold harmless Client from any and all claims, damages and losses in the event that Emergicon breaches its obligation under this paragraph to operate in compliance with state and federal statutes, rules and regulations applicable to billing activities. b. Client shall conduct its activities, operations and documentation in compliance with all applicable state and federal statutes, rules and regulations. Client expressly represents and warrants that it is under no legal impediment to billing or receiving reimbursement for its services, and that all of Client's personnel are appropriately licensed and/or certified to furnish the services provided by Client. Only to the extent allowed by law, Client agrees to defend, indemnify and hold harmless Emergicon from any and all claims, damages and losses in the event that Client sends accounts to Emergicon which are ineligible for billing and/or reimbursement for any reason. C. Each party is responsible for monitoring and ensuring its own compliance with all applicable state and federal laws and regulations pertaining to billing and reimbursement for its services. However, either party which becomes aware of a violation of any such state or federal laws or regulations or of a questionable claim or claim practice, agrees to notify the other party within three (3) business days of becoming aware and such notice shall be in writing. d. The parties represent that they are not the subject of any actions or investigations pertaining to its participation in or standing with any state or federal health care program, are not subject to exclusion from any state and/or federal health care program, and that no persons providing services for which reimbursement is sought were at the time such services were rendered excluded from any state or Federal health care program. e. The parties recognize that this Agreement is at all times subject to applicable state, local, and federal laws and shall be construed accordingly. The parties further recognize that this Agreement may become subject to or be affected by amendments in such laws and regulations or to new legislation or regulations. Any provisions of law that invalidate, or are otherwise inconsistent with, the material terms and conditions of this Agreement, or that would cause one or both of the parties hereto to be in violation of law, shall be deemed to have superseded the terms of this Agreement and, in such event, the parties agree to utilize their best efforts to modify the terms and conditions of this Agreement to be consistent with the requirements of such law(s) in order to effectuate the purposes and intent of this Agreement. In the event that any such laws or regulations affecting this Agreement are enacted, amended or promulgated, either party may propose to the other a written amendment to this Agreement to be consistent with the provisions 10 of such laws or regulations. In the event that the parties do not agree on such written amendments within thirty (30) days of receipt of the proposed written amendments, then either party may terminate this Agreement without further notice, unless this Agreement would expire earlier by its terms. 14. Non -Engagement of Individuals on the OIG Exclusion List. The parties further warrant that each will take all reasonable steps as set forth by the Office of Inspector General, United States Department of Health and Human Services, to ensure that it does not employ or otherwise engage individuals who have been excluded from participation in federal health care programs. The parties agree to periodically check the OIG exclusion website to ensure that employees, volunteers and all others providing services for each respective organization are not excluded. The website is: http:Hexclusions.oig hhs.gov. 15. Independent Contractor Relationship. Emergicon and Client stand in an independent contractor relationship to one another and shall not be considered as joint venturers or partners, and nothing herein shall be construed to authorize either party to act as general agent for the other. There is no liability on the part of either party to any entity for any debts, liabilities or obligations incurred by or on behalf of the other party hereto. 16. Prevention of Performance. If a party's obligation to perform any duty hereunder is rendered impossible of performance due to any cause beyond such party's control, including, without limitation, an act of God, war, civil disturbance, fire or casualty, labor dispute, hardware or software failures beyond the party's control, or governmental rule, such party, for so long as such condition exists, shall be excused from such performance, provided it promptly provides the other party with written notice of its inability to perform stating the reasons for such inability and provided that the party takes all appropriate steps as soon as reasonably practicable upon the termination of such condition to recommence performance. 17. Assignment. This Agreement may not be assigned by Emergicon to any successors or assigns of Emergicon without the express written consent of Client. This Agreement may not be assigned by Client without the express written consent of Emergicon. 18. Notices. Notices required to be given under this Agreement shall be made to the parties at the following addresses and shall be presumed to have been received by the other party: (i) three days after mailing by the party when notices are sent by First Class U.S. certified mail, postage prepaid; or (ii) upon receipt (if sent by hand delivery or courier service). Emergicon. City of Anna, TX: Emergicon, LLC. City of Anna PO Box 180446 111 N Powell Parkway Dallas, TX 75218 Anna, TX 75409 19. Non -Competition and Non -Solicitation Clause. Without prior, written authorization from Emergicon, Client shall not —during the term of this Agreement, or for two (2) years following its expiration or termination for any reason —employ, retain as an independent contractor, or otherwise in any way hire any personnel currently employed or employed at any time during the term of this Agreement byEmergicon. 20. Governing Law and Forum Selection Clause. This Agreement shall be deemed to have been made and entered into in Texas and shall be interpreted in accordance with the laws thereof, without regard to conflicts of laws principles. The parties expressly agree that the exclusive forum for resolving any legal disputes under this Agreement shall be the state or federal courts serving Collin County, Texas. Client expressly agrees to personal jurisdiction and venue in any such court. 11 21. Entire Agreement. This Agreement constitutes the sole and only agreement between the Parties and supersedes any prior understandings, written or oral agreements between the Parties with respect to this subject matter. 22. Authorization. Each Party represents that it has full capacity and authority to grant all rights and assume all obligations granted and assumed under this Agreement. 23. Successors and Assigns. Subject to the provisions regarding assignment, this Agreement shall be binding on and inure to the benefit of the Parties to it and their respective heirs, executors, administrators, legal representatives, successors and assigns. 24. Amendments. This Agreement may be amended only by the mutual written agreement of the Parties. 25. Severability. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it. 26. Survival of Covenants. Any of the representations, warranties, covenants, and obligations of the Parties, as well as any rights and benefits of the Parties, pertaining to a period of time following the termination of this Agreement shall survive termination. 27. Counterparts. This Agreement may be executed by the Parties hereto in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute one and the same instrument. Each counterpart may consist of any number of copies hereof each signed by less than all, but together signed by all of the Parties hereto. 28. Non -Appropriation. In the event Client does not appropriate sufficient funds at any time during the term, Client shall have the right to terminate this Agreement on the last day of the fiscal period for which appropriations were received without penalty or expense to Client IN WITNESS WHEREOF, the parties have executed this Agreement to commence on the date first above written. Client represents that the individual who has executed this Agreement on behalf of the Client is authorized by Client and by law to do so. EMERGICON, LLC. City of Anna, Texas By: By: 1/20/2021 Signature Date Signature Date Christopher Turner Jim Proce Print Name Print Name President and CEO Title City Manager Title 12 CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING A SERVICE AGREEMENT FOR BILLING PURPOSES RELATED TO THE RECENT CARES ACT AMBULANCE VEHICLE (MEDIC UNIT). WHEREAS, the City Council of the City of Anna, Texas ("City Council") finds that the City of Anna Fire Chief — in furtherance of the Fire Department's purpose of preserving and protecting the public health and safety of the City's residents — has, after extensive research, recommended that the City enter an agreement with Emergicon LLC; and, WHEREAS, the City of Anna, Texas (the "City") approved the purchase of a transport ambulance at the meeting held on 6/23/2020; and, WHEREAS, the City's Financial Policy adopted on September 28, 2010 by Ordinance No. 511-2010 requires that all purchases exceeding $50,000 must be purchased under formal competitive sealed bidding rules or as otherwise permitted by the Texas Local Government Code under Chapters 252 and 271; and WHEREAS, Section 252.022(a)(2) of the Texas Local Government Code exempts from competitive bidding a procurement necessary to preserve or protect the public health or safety of the municipality's residents; and WHEREAS, the City's Fire Chief has advised the Council and the Council has found and determined that the purchase of the ambulance to include all related equipment and necessary billing services is necessary and essential to preserve the public health or safety of the City's residents; and WHEREAS, the City Attorney has advised that based on these findings competitive bidding is not required for the purchase of firefighting equipment as it falls under the exemption in Section 252.022(a)(2) of the Texas Local Government Code; and RESOLUTION NO. PAGE 1 OF 2 Emergicon Ambulance Billing Agreement NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Authorization of Contract Award. The City Council hereby authorizes the City Manager to execute on its behalf, subject to legal review and approval by the City Attorney, a service agreement with Emergicon LLC for the purpose of medical transport billing to be primarily utilized on Anna Medic 1. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 9tn day of February 2021. ATTEST: APPROVED: City Secretary Carrie L. Land Mayor Nate Pike RESOLUTION NO. Emergicon Ambulance Billing Agreement PAGE 2OF2 THE CITY OF Anna AGENDA ITEM: Item No. 6.d. City Council Agenda Staff Report Meeting Date: 2/9/2021 Staff Contact: Alan Guard Approve a Resolution authorizing the City Manager to sign an Interlocal Agreement with the North Central Texas Council of Governments (NCTCOG) to participate in the NCTCOG SHARE program for cooperative purchasing of goods and services. (Finance Director Alan Guard) SUMMARY: Approve a Resolution authorizing the City Manager to sign an Interlocal Agreement with the North Central Texas Council of Governments (NCTCOG) to participate in the NCTCOG SHARE program for cooperative purchasing of goods and services. The SHARE program is the direct outcome of local governments partnering together to identify common needs in the North Texas area and developing solutions through collaboration and cooperative purchasing programs. SHARE ILAs are fairly simple participation agreements that allow public sector entities to access and leverage SHARE/NCTCOG cooperative contracts, pursuant to Chapter 791 of the Texas Local Government Code. There is absolutely no cost associated with membership. Once executed there is no need to renew or execute a new agreement when utilizing any NCTCOG vendor contracts. Participating organizations can have confidence that when purchasing through SHARE, all procurement processes follow legal guidelines and are administered consistently. This provides the City another avenue to streamline our bidding process. FINANCIAL IMPACT: NA STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: High Performing, Professional City. STAFF RECOMMENDATION: Approve the Resolution. ATTACHMENTS: Resolution NCTCOG SHARE Program 02092021 ILA-NCTCOG SHARE Program 2021 APPROVALS: Alan Guard, Created/Initiated - 1/30/2021 CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING PARTICIPATION IN THE NORTH TEXAS COUNCIL OF GOVERNMENTS' NORTH TEXAS SHARE PROGRAM WHEREAS, the North Central Texas Council of Governments, hereinafter referred to as NCTCOG, is a voluntary association of, by and for local governments organized under Chapter 391 of the Texas Local Government Code and was established to assist local governments in the planning for common needs, cooperating for the mutual benefit, and coordinating for sound regional development; and, WHEREAS, the NCTCOG established North Texas SHARE as a public sector solution center which includes a cooperative purchasing program for goods and services; and, WHEREAS, North Texas SHARE procures goods and services in accordance with applicable State laws and regulations regarding contract and procurement proceedings; and, WHEREAS, the City of Anna, pursuant to the authority granted under Sections 271.101 to 271.102 of the Local Government Code and Chapter 791 of the Government Code, desires to participate in the North Texas SHARE cooperative purchasing program. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated. The City Council of the City of Anna authorizes the execution by the City Manager of the attached Inter -local Agreement with the NCTCOG to participate in the North Texas SHARE Program and utilize contracts for goods and services available thereunder. Section 2. Approval of Resolution. This Resolution shall be effective immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 8th day of February, 2021. ATTESTED: APPROVED: Carrie L. Land, City Secretary Nate Pike, Mayor RES. PAGE 1 OF 1 North 0 Texas SHARE Your Public Sector Solutions Center For NCTCOG Use Only ILA No: MASTER INTERLOCAL PURCHASING AGREEMENT THIS MASTER INTERLOCAL AGREEMENT ("ILA"), made and entered into pursuant to the Texas Interlocal Cooperation Act, Chapter 791, Texas Government Code (the "Act"), by and between the North Central Texas Council of Governments, hereinafter referred to as "NCTCOG," having its principal place of business at 616 Six Flags Drive, Arlington, TX 76011, and , a local government, a state agency, or a non-profit corporation created and operated to provide one or more governmental functions and services, hereinafter referred to as "Participant," having its principal place of business at WHEREAS, NCTCOG is a regional planning commission and political subdivision of the State of Texas operating under Chapter 391, Texas Local Government Code; and WHEREAS, pursuant to the Act, NCTCOG is authorized to contract with eligible entities to perform governmental functions and services, including the purchase of goods and services; and WHEREAS, in reliance on such authority, NCTCOG has instituted a cooperative purchasing program under which it contracts with eligible entities under the Act; and WHEREAS, Participant has represented that it is an eligible entity under the Act, that it is authorized to enter into this Agreement on (Date), and that it desires to contract with NCTCOG on the terms set forth below; NOW, THEREFORE, NCTCOG and the Participant do hereby agree as follows: ARTICLE 1: LEGAL AUTHORITY The Participant represents and warrants to NCTCOG that (1) it is eligible to contract with NCTCOG under the Act for the purposes recited herein because it is one of the following: a local government, as defined in the Act (a county, a municipality, a special district, or other political subdivision of the State of Texas or any other state, or a combination of two or more of those entities, a state agency (an agency of the State of Texas as defined in Section 771.002 of the Texas Government Code, or a similar agency of another state), or a non-profit corporation created and operated to provide one or more governmental functions and services, and (2) it possesses adequate legal authority to enter into this Agreement. ARTICLE 2: SCOPE OF SERVICES The Participant appoints NCTCOG its true and lawful purchasing agent for the purchase of certain products and services ("Products" or "Services") through the North Texas SHARE program. Participant will access the Program through www.NorthTexasSHARE.org. All purchases under this Agreement shall comply with applicable Texas competitive bidding statutes as well as the specifications, contract terms and pricing applicable to such purchases. NCTCOG may also serve as a coordinating agent to administer the use of eligible Participant contracts to other participants of North Texas SHARE. The eligibility of such contracts will be determined by incorporation of coordinating agent authorization in Participant's solicitation documents. Title to all products purchased under the North Texas SHARE program shall be held by Participant unless otherwise agreed. Nothing in this Agreement shall preclude the Participant from purchasing Products and/or Services offered in the North Texas SHARE program directly from the vendor/supplier. North 0 Texas SHARE Your Public Sector Solutions Center For NCTCOG Use Only ILA No: ARTICLE 3: PAYMENTS Upon delivery of goods or services purchased and presentation of a properly documented invoice, the Participant shall promptly, and in any case within thirty (30) days, pay the contracted provider the full amount of the invoice. All payments for goods or services will be made from current revenues available to the paying party. In no event shall NCTCOG have any financial liability to the Participant for any goods or services Participant purchases through the North Texas SHARE program. ARTICLE 4: PERFORMANCE PERIOD This Agreement shall be effective when signed by the last party whose signing makes the Agreement fully executed and will remain in full force and effect for one (1) year. This Agreement shall automatically renew for successive one-year terms unless sooner terminated in accordance with Article 6 below. Any modification of this Agreement must comply with the requirements of Article 5 below. ARTICLE 5: CHANGES AND AMENDMENTS This Agreement may be amended only by a written amendment executed by both parties, except that any alternations, additions, or deletions to the terms of this Agreement which are required by changes in Federal and State law or regulations are automatically incorporated into this Agreement without written amendment hereto and shall become effective on the date designated by such law or regulation. NCTCOG reserves the right from time to time to make changes in the scope of products and services offered through the North Texas SHARE program. ARTICLE 6: TERMINATION PROCEDURES NCTCOG or the Participant may cancel this Agreement for any reason and at any time upon thirty (30) days written notice by certified mail to the other party to this Agreement. The obligation of the Participant to pay for any Service and/or Products purchased under this Agreement, shall survive such cancellation, as well as any other Participant costs incurred prior to the effective date of the cancellation. ARTICLE 7: APPLICABLE LAWS NCTCOG and the Participant agree to conduct all activities under this Agreement in accordance with all applicable rules, regulations, and ordinances and laws in effect or promulgated during the term of this Agreement. ARTICLE 8: DISPUTE RESOLUTION The parties to this Agreement agree to the extent possible and not in contravention of any applicable state or federal law or procedure established for dispute resolution, to attempt to resolve any dispute between them regarding this Agreement informally through voluntary mediation, arbitration or any other local dispute mediation process before resorting to litigation. ARTICLE 9: MISCELLANEOUS a. This Agreement has been made under and shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under, or in connection with, this Agreement shall lie exclusively in Tarrant County, Texas. b. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective entities. This Agreement and the rights and obligations contained herein may not be assigned by either party without the prior written approval of the other party to this Agreement. North 0 Texas SHARE Your public Sector Solutions Center For NCTCOG Use Only ILA No: d. All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. e. To the extent that either party to this Agreement shall be wholly or partially prevented from the performance within the term specified of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the party's control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed; provided, however, force majeure shall not excuse an obligation solely to pay funds. £ This Agreement and any attachments/addendums, as provided herein, constitute the complete agreement between the parties hereto, and supersede any and all oral and written agreements between the parties relating to matters herein. THIS INSTRUMENT HAS BEEN EXECUTED IN TWO ORIGINALS BY THE PARTIES HERETO AS FOLLOWS: North Central Texas Council of Governments North Texas SHARE 616 Six Flags Drive, Arlington, Texas 76011 NCTCOG Executive Director or Designee Signature of Executive Director or Designee Date Name of Participant Agency Mailing Address City State Zip Name and Title of Authorized Official or Designee Signature Date THE CITY OF Anna AGENDA ITEM: Item No. 6.e. City Council Agenda Staff Report Meeting Date: 2/9/2021 Staff Contact: Ross Altobelli Review minutes of the January 4, 2021 Planning & Zoning Commission meeting. (Director of Development Services Ross Altobelli) SUMMARY: FINANCIAL IMPACT: STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: STAFF RECOMMENDATION: ATTACHMENTS: 1. 01-04-2021 PZ minutes APPROVALS: Lauren Mecke, Planner II Created/Initiated - 2/2/2021 Ross Altobelli, Director of Development Services Approved - 2/2/2021 Jim Proce, City Manager Final Approval - 2/2/2021 MINUTES PLANNING AND ZONING COMMISSION January 4, 2021 The Planning and Zoning Commission of the City of Anna held a meeting at 7:00 p.m. on January 4, 2021 at 111 N. Powell Parkway, Anna City Hall, to consider the following items. Call to Order and Establishment of Quorum The meeting was called to order at 7:03 p.m. Members present were Wayne Barton, Alonzo Tutson, Donald Henke, Brent Thomas, Duane Hayes and Latoya Grady with Nick Rubits absent. Staff present were Ross Altobelli, Lauren Mecke, Olivia Demings, and Kevin Johnson. 2. Invocation and Pledge of Allegiance Commissioner Barton gave the invocation and led the Pledge of Allegiance. 3. Citizen Comments: At this time, any person may address the Planning and Zoning Commission regarding an item on this meeting agenda that is not scheduled for public hearing. Also, at this time any person may address the Commission regarding an item that is not on this meeting agenda. Each person will be allowed up to three (3) minutes to speak. No discussion or action may be taken at this meeting on items not listed on this 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. There were no citizen comments. Chairman Tutson wished everyone a Happy New Year and welcomed Commissioner Duane Hayes to the Planning and Zoning Commission, 4. Location Map Consent Items 5. Consider/Discuss/Action to approve minutes of the December 7, 2020 Planning and Zoning Commission meeting. 6. Consider/Discuss/Action on a recommendation regarding the Anna 455 Addition, Block A, Lots 4 — 6, Preliminary Plat. Applicant: Jonathan Kirby, Kimley-Horn A motion was made by Commissioner Thomas seconded by Commissioner Grady to recommend approval of consent items 5 and 6. The vote was unanimous. Conduct a public hearing/Consider/Discuss/Action on amendments to Article 9.02 Subdivision Regulations, Article 9.04 Zoning Ordinance, Article 9.05 Signs, Article 9.06 Landscape Regulations and related sections of the Development Regulations. As. Mecke gave a brief presentation and answered questions from the commission. The commission's role is to review regulations. As staff reviews new development, we have discovered contradicting text. We are providing these updates to modernize the regulations and correct errors. Page 1 of 3 The public hearing opened at 7:09 p.m. Mr. Altobelli added that staff is looking at how the world is developing and seeing where regulations need to be simplified and modernized. Cleaning up ordinances will help staff. A more detailed look at zoning districts will occur with the new Comprehensive Plan. The public hearing closed at 7:11 p.m. Commissioner Barton stated a few suggested changes. On page 16, the term "nautilus facilities" is specific to a manufacturing company, a more generic term ought to be used. The term "privately owned" should be "private access" as we are still talking about open to the public facilities. On page 18, drive throughs with individual service speakers can be an annoyance to residential neighbors, we should consider a sound abatement system. Mr. Altobelli asked how would noise be measured? Commissioner Barton clarified that sound should not extend into the residential district. Commissioner Hayes questioned the issue of loud cars and suggested extending the distance between the drive through and the homes. Mr. Altobelli responded that this would affect several lots along FM 455 that have existing zoning and I wouldn't want to halt development. We can identify a sound threshold specifically. Commissioner Barton added that 8ft is too small to accommodate a stacking space. It should be 9ft per space. 8ft is also too limiting for an escape lane, an 11 ft passing lane is recommended. He asked if daycare or private school pick-up lanes where covered under this regulation. Ms. Mecke responded that they are specifically addressed elsewhere in the ordinance. Commissioner Barton clarified with Ms. Mecke that kiosk means no personnel is on site. Common examples are ice machines, ATMS's, and Red Box. Additionally, staff confirmed that an outdoor pen is in reference to a dog day care. It is a place for the dogs to play outside but not to be kept overnight. Commissioner Barton suggested more specific language for this definition and that sound minimization regulations should also be included for outdoor pens. Mr. Altobelli noted that we can reference our existing sound regulations for this use. A motion was made by Commissioner Barton and seconded by Commissioner Henke to approve amendments to Article 9.02 Subdivision Regulation, Article 9.04 Zoning Ordinance, Article 9.05 Signs, Article 9.06 Landscape Regulations and related sections of the Development Regulations subject to revision by staff based on Commission recommendations. The vote was unanimous. 8. Adjourn A motion was made by Commissioner Thomas seconded by Commissioner Grady to adjourn the meeting. The vote was unanimous. The meeting adjourned at 7:30 p.m. Page 2 of 3 ATTEST Act � � 2u Planning and Zoning Commission Chairman Page 3 of 3 THE CITY OF Anna AGENDA ITEM: Item No. 6.f. City Council Agenda Staff Report Meeting Date: 2/9/2021 Staff Contact: Ross Altobelli Approve a Resolution regarding the Golden Estates, Block A, Lot 1, development plat. (Director of Development Services Ross Altobelli) SUMMARY: It is recommended that the City Council approve a resolution regarding the Golden Estates, Block A, Lot 1, development plat. David Surdukan, Surdukan Surveying, has submitted an application for approval of a development plat for Golden Estates, Block A, Lot 1. Nine accessory buildings on one lot on 40± acres located on the north side of CR 177, 3,781± feet west of FM 3356. Located within the extraterritorial jurisdiction (ETJ). The Planning & Zoning Commission recommended for approval subject to any new development adhering to the Collin County Floodplain Management Regulations. FINANCIAL IMPACT: STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 3: Sustainable Anna Community Through Planned Managed Growth STAFF RECOMMENDATION: Staff recommends approval subject to any new development adhering to the Collin County Floodplain Management Regulations. ATTACHMENTS: 1. Agenda Map 2. RESOLUTION - (DP) Golden Estates 3. EXHIBIT A (DP) Golden Estates APPROVALS: Lauren Mecke, Planner II Ross Altobelli, Director of Development Services Jim Proce, City Manager Created/Initiated - 2/2/2021 Approved - 2/2/2021 Final Approval - 2/4/2021 CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING GOLDEN ESTATES BLOCK A, LOT 1, DEVELOPMENT PLAT 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 Article 9.02 of the Anna City Code of Ordinances ("Subdivision Regulations"); and WHEREAS, David Surdukan, Surdukan Surveying, has submitted an application for the approval of the Golden Estates, Block A, Lot 1, Development Plat. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Approval of Development Plat. The City Council hereby approves the Golden Estates, Block A, Lot 1, Development Plat attached hereto as Exhibit A. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 9th day of February 2021. ATTEST: APPROVED: City Secretary, Carrie L. Land Mayor, Nate Pike NORTH SCALE 1"= 100' 0 100 200 LEGEND C.M. = CONTROLLING MONUMENT CIRS = CAPPED 1/2" IRON ROD SET STAMPED (4613) IRF = IRON ROD FOUND !� = POWER POLE ® = ELECRTIC TRANSFORMER Q = SEPTIC LID ° = CLEAN OUT 0 = GAS METER ® = WATER VALVE m = TELEPHONE PEDISTAL = AC UNIT p = EMECTRIC METER LOT 5/6 THE HILLS OF LONE STAR, PHASE 6/EAST FORK SOUTH m VOLUME 2015, PAGE 326 P. R. C. C. T. X - X - X - X -- - °4 c i- S/"" q /C _"N \ pF ql, 0/Al/ gNti SLFq�/oN .. N c q c`? LOT 4 THE HILLS OF LONE STAR, PHASE 6/EAST FORK SOUTH VOLUME 2015, PAGE 326 P.R.C. C.T. coo cc- le f J x CITY OF ANNA ETJ NOTE: i.0 d' ACCORDING TO THE CITY OF ANNA ppi I THIS PROPERTY FALLS ENTIRELY O� x IN THE ETJ OF CITY OF ANNA co O � x I X x } x I Al 4- � x �x METAL x x LOFTING CALLED 32.838 ACRES JERRY HILL ECHOLS VOL. 1294, PG. 812 D. R. C. C. T. C.M. POINT OF BEGINNING I / � / GRAVEL N X ® N °X O C I METAL x STORAGE ^ ICONTAINERS 0 x 20 lx Fry 355.6' x I TINn P SHtU V � d -- l LOT 1, BLOCK A &I Q) 40.000 ACRES 12742,9398 SQ. FT. I CALLED 40.0000 ACRES LOT 3 y d JENNIFER &DAVID GOLDEN THE HILLS OF LONE STAR, PHASE 6/EAST FORK SOUTH C.C. NO. 20060809001 140460 VOLUME 2015, PAGE 326 1D. R. C. C. T. P. R. C. C.Z lid 112.11 JAMES HEFFLEFINGER SURVEY, ABSTRACT NO. 366 X C.M. J.L. WHITE SURVEY, ABSTRACT NO. 1014 X " y g x 1 STORY 'METALQ x I SHED qx,, METAL �W X LOFTING J I° SHED 19.1 LOT 11 p THE HILLS OF LONE STAR, I FUTURE PHASE 6/E4ST FORK SOUTH d1 x BUILDING I VOLUME 2017, PAGE 467 C\2 P. R. C. C. T. I I p-j Ct > I w I � I x 2 Cn X ° —x —XO--x cl —�x co \ o 50 216.5 1,1o�,, \+ Ig \ + f LOT 10R AND CA-4RR THE HILLS OF LONE STAR, PHASE 6/EAST FORK SOUTH VOLUME 2018, PAGE 437 P. R. C. C. T. GENERAL NOTES; 1. The surveyor has not abstracted subject property. 2. This survey is subject to all easements of record. 3. Copyright 2020, Surdukan Surveying, Inc. 4. The survey is being provided solely for the use of the current parties and that no licenses has been created, express or implied, to copy the survey except as is necessary in conjunction with the original transaction which shall take place within 3 months of the date of this survey. 5. The original copy will have original signatures, stamp seal and on impression seal. 6. The basis of bearings, are derived from ALLTERRA CENTRAL RTK Network, Texas State Plane Coordinates System, Nod83, North Central Zone, Nod 83 (CORS96) Epoch 2002.0. 7. Water service to this site is provided by Marilee Special Utility District. 8. Sanitary Sewer will be provided by on approved onsite OSSF — permits through Collin County. 9. Gas will Liquid propane. 10. Electric is provided by Grayson —Collin Electric Company. 11. Solid waste will be provided through a private trash company. 12. New residential and Commercial development will be required to adhere to the Collin County Floodplain Management Regulations. A flood study and subsequent FEMA map changes may be required for future development of this lot. CALLED 32.09 ACRES PHIL JOHNSON C.C. NO. 20110810000842760 O.P.R.C.C.T. GRAPHIC LOCATION VANE ETJ METAL ZONE X ISHOP ^� OVERHEAD TRANSMISSION V GRAVEL ° LINE CONCRETE WALL PROPOSED / BUILDING 31' X 35' 251.6' X 'I- x I- PROPOSED GRAVEL DRIVE AND PARKING NE COR. J.L. WHITE SURVEY ¢ X X X X 31s2 NW COR. B.C. THOMPSON SURVEY W ZONE X 25' FRONT BUILDING SETBACK RESERVATION x — — ZONE A 88.2' x X — °X — X )<N I — 88°18 33 8 64 __ JAMES HEFFLEFINGER SURVEY, ABSTRACT NO. 366 .R. 177 -- — — — — — — — — — — — — — — — — — — — — — — — — — — — SET ASPHALT PAVEMENT B.C. THOMPSON SURVEY, ABSTRACT N0. 917 o 60' R� TURE o, CALLED 5.000 ACRES MARIELA ORDUNA & VERONICA GUTIEREZ C.C. NO. 20181206001488420 0. P. R. C. C. T. 0 7 \ 1 1 \ CA OF LONE THE HILLS OF LONE STAR, PHASE 6/EAST FORK SOUTH VOLUME 2019, PAGE 717 P. R. C. C. T. EXHIBIT A I, DAVID J. SURDUKAN, a Registered Professional Land Surveyor in the State of Texas, do hereby certify that I prepared this Development Plat from an actual and accurate survey of the land and that the corner monuments shown thereon were properly placed, under my personal supervision. -------------------------- Registered Professional Land Surveyor Registration No. 4613 BEFORE me, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared David J. Surdukan, known to me to be the person or persons whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the some CALLED s.2oo ACRES CRAIG ROY & in the capacity herein stated and the act and deed of said company. LISA DAWN SIMPSON VOLUME 5708, PAGE 87 D.R.C.C.T GIVEN UNDER MY HAND AND SEAL OF OFFICE, this — — — — day of — — — — — — — — — — — — — — — 2021. --------------------------------------- Notary Public in and for Collin County My Commission Expires: ---------------------- CR 826 CR 222 "SITE' NORTH `yy�s PPRK CR 935 RAVER CR 177 RIVER CR 177 �i�F� CR 219 W 0 LEGAL DESCRIPTION BEING a tract of land situated in the James Hefflefinger Survey, Abstract No. 366, and the J. L. White Survey, Abstract No. 1014, Collin County, Texas, and being all of a 40.000 acre tract of land conveyed to Jennifer and David Golden as recorded in Instrument No. 20060809001140460 of the Official Public Records of Collin County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a 112" iron rod found for corner at the northeast corner of said 40.000 acres, and said iron rod being the northwest corner of a called 32.090 acre tract of land as conveyed to Phil Johnson as recorded in Insturment No. 20110810000842760 of the Official Public Records of Collin County, Texas, and said corner also being in the south line of a called 32.838 acre tract of land as conveyed to Jerry Hill Echols as recorded in Volume 1294, Page 812 of the Deed Records of Collin County, Texas; THENCE S 02'36'06" W with the west line of the called 32.090 acre tract of land a distance of 1027.35' to a mog nail set for corner in County Road No 177; THENCE N 88°18'33" W following County Road No. 177 a distance of 618.64' to a 112" iron rod found for corner, THENCE S 03°38'03" W a distance of 622.61' to a point for corner in the east fork of the Trinity River, THENCE S 80'38'58" W a distance of 245.21 ' to a point for corner in the east fork of the Trinity River, THENCE N 30°49'02" W a distance of 151.60' to a point for corner in the east fork of the Trinity River, THENCE N 56'31 '02" W a distance of 159.14' to a point for corner in the east fork of the Trinity River, THENCE S 75°31 '58" W a distance of 216.55' to a point for corner in the east fork of the Trinity River, THENCE N 47*37'02" W a distance of 94.68' to a point for corner in the east fork of the Trinity River, THENCE N 06'28'58" E a distance of 301.24' to a point for corner in the east fork of the Trinity River, THENCE N 04*27'02" W a distance of 268.71 ' to a point for corner in the east fork of the Trinity River, THENCE N 15'37'58" E a distance of 148.08' to a point for corner in the east fork of the Trinity River, THENCE N 37°49'58" E a distance of 243.31 ' to a point for corner in the east fork of the Trinity River, THENCE N 00'08'58" E a distance of 138.34' to a point for corner in the east fork of the Trinity River, THENCE N 29°24'39" W a distance of 266.79' to a point for corner in the east fork of the Trinity River, THENCE N 12'09'54" E a distance of 200.47' to a point for corner in the east fork of the Trinity River and also being the northwest corner of said 40.000 acre tract; THENCE S 88'49'22" E a distance of 1322.82' to the POINT OF BEGINNING and containing 1,742,398 Square Feet or 40.000 Acres of land. FLOOD NOTE Portions of this property fall within Zone X (unshaded) and Zone A (shaded without base elevation) according to the Flood Insurance Rate Maps, Panel No. 48085C0045J, Map Revision June 2, 2009, as published by the Federal Emergence Management Agency and shown graphically on the survey. APPROVED FEBRUARY 9, 2021 CITY COUNCIL CITY OF ANNA APPROVED February 1, 2020 P&Z COMMISSION CITY OF ANNA CERTIFICATE OF APPROVAL Approved this — — — day of of the City of Anna Texas. (Mayor) City Secretary 2021, by the City Council DEVELOPMENT PLAT GOLDEN ESTATES BLOCK A, LOT 1 BEING 40.000 ACRES 0 UT OF THE JAMES HEFFLEFINGER SURVEY ABSTRACT NO. 366 J.L. WHITE SURVEY ABSTRACT NO. 1014 CITY OF ANNA ETJ COLLIN COUNTY, TEXAS OWNER JENNIFER & DAVID GOLDEN 4114 CR 177 ANNA, TEXAS 75409 (972) 924-4965 SURVEYOR SURDUKAN SURVEYING, INC. P.O. BOX 126 ANNA, TEXAS 75409 (972) 924-8200 FIRM NO. 10069500 X II ViLCINITY ARAp SCALE 1 " = 100' DATE. JANUARY 8, 2021 JOB No. 2020-130 NOT TO SCALE THE CITY OF Anna AGENDA ITEM: Item No. 6.g. City Council Agenda Staff Report Meeting Date: 2/9/2021 Staff Contact: Ross Altobelli Approve a Resolution regarding the Ornelas Place, Block A, Lot 1, development plat. (Director of Development Services Ross Altobelli) SUMMARY: It is recommended that the City Council approve a resolution regarding the Ornelas Place, Block A, Lot 1, development plat. David Surdukan, Surdukan Surveying, has submitted an application for approval of a development plat for Ornelas Place, Block A, Lot 1. One single-family dwelling, detached and three accessory buildings on one lot on 1.0± acre located on the south side of CR 424, 971± feet east of County Road 426.Located within the extraterritorial jurisdiction (ETJ). The Planning and Zoning Commission recommended approval. FINANCIAL IMPACT: STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 3: Sustainable Anna Community Through Planned Managed Growth STAFF RECOMMENDATION: Staff recommends approval of this item. /_11ir_[d:ILT, 14z11�13 1. Agenda Map 2. RESOLUTION - (DP) Ornelas Place 3. EXHIBIT A (DP) Ornelas Place APPROVALS: Lauren Mecke, Planner II Created/Initiated - 2/2/2021 Ross Altobelli, Director of Development Services Approved - 2/2/2021 Jim Proce, City Manager Final Approval - 2/4/2021 �— Development Plat- Ornelas Place, Block A, Lot 1 w— �R0N 'C S'( � ' -fir r' ;• � � • r • e ��-y•�Ar' �` ' 00 �• � � '�• r LAMONT RD ~ i •�®®�s® �. .. TENN CYRUS-ST F -4 O Z ii i C0UNTY_RO'A i376.'...�.�---= THE CITY OF N AtIfta � 1.1... Proposed Site - I City Limits q6li.ili ■1.il... Parcels 16...ETJ 0 250 500 1,000 Feet January 2021 CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING ORNELAS PLACE BLOCK A, LOT 1, DEVELOPMENT PLAT 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 Article 9.02 of the Anna City Code of Ordinances ("Subdivision Regulations"); and WHEREAS, David Surdukan, Surdukan Surveying, has submitted an application for the approval of the Ornelas Place, Block A, Lot 1, Development Plat. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Approval of Development Plat. The City Council hereby approves the Ornelas Place, Block A, Lot 1, Development Plat attached hereto as Exhibit A. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 9th day of February 2021. ATTEST: APPROVED: City Secretary, Carrie L. Land Mayor, Nate Pike EXHIBIT A 0 0 K NORTH SCALE 1 "= 40' 0 40 80 LEGEND C.M. = CONTROLLING MONUMENT CIRF = CAPPED 112" IRON ROD FOUND STAMPED (4613) IRF = IRON ROD FOUND GENERAL NOTES; 1. The surveyor has not abstracted subject property. 2. This survey is subject to all easements of record. 3. Copyright 2020, Surdukan Surveying, Inc. 4. The survey is being provided solely for the use of the current parties and that no licenses has been created, express or implied, to copy the survey except as is necessary in conjunction with the original transaction which shall take place within 3 months of the date of this survey. 5. The basis of bearings, horizontal position are derived from Texas WDS RTK Network, Texas State Plane Coordinates System, Nod83, North Central Zone, Nod 83 (CORS96) Epoch 2002.0. 7. Existing water service to this site is provided by South Grayson Water Supply Corporation. 8. Sanitary Sewer be an OSSF system on site. 9. Existing electric is provided by Grayson —Collin Electric Company. 10. Solid waste will be provided through a private solid waste company. 11. Selling any portion of this addition by metes and bounds is a violation of City Ordinance and State laws, and is subject to fines and withholding of utilities and building permits. 12. The Agreed Judgment (for access) filed under C.C. No. 20160510000567490, O.P.R.C.C.T. is in favor of the plaintiff Paula Powell. However, also included in the Document is a second Agreed Judgment (for implied dedication 50' wide for public road). I I JOSE H. MORALES & ANTONIO MORALES C.C. NO. 20170316000338530 0. P. R. C. C. T. I MARTIN & ABIGAIL COVARRUBIAS C.C. NO. 20200630001002920 0. P. R. C. C. T. JOHNNIE & ELEANOR CURIEL VOLUME 2479, PAGE 47 D. R. C. C. T. ANTONIO MORALES C.C. NO. 20180402000389600 0. P. R. C. C. T. CERTIFICATE OF APPROVAL Approved this ___ day of ________- 2021, by the City Council of the City of Anna Texas (Mayor) City Secretary APPROVED FEBRUARY 9, 2021 CITY COUNCIL CITY OF ANNA APPROVED FEBRUARY 1, 2021 P&Z COMMISSION CITY OF ANNA LEGAL DESCRIPTION BEING a tract of land situated in the Robert Whitaker Survey, Abstract No. 1011 Collin County, Texas, and being all of a 1.00 acre tract conveyed to Maria Isabel De Ornelas as recorded in Instrument No. 20200807001274490, Official Public Records of Collin County, Texas and being more particularly described by metes and bounds as follows: BEGINNING in the center line of Grasshopper Lane at a capped 112" iron rod stamped "4613" found for corner at the northwest corner of said 1.000 acre tract of land and said iron rod being the northeast corner of a called 0.996 acre tract of land conveyed to Renny and Olga Posquol as recorded in Instrument No. 20161019001416320, Official Public Records of Collin County, Texas; THENCE S 86°51'14" E along the center line of Grasshopper Lane a distance of 73.93' to a capped 112" iron rod stamped "4613" found for the northwest corner of a called 5.140 acre tract of land conveyed to Joaquin Martinez and Hugo Martinez as recorded in Instrument No. 20160707000863910, Official Public Records of Collin County, Texas; THENCE S 02°52'54" W a distance of 589.53' to a 112" iron rod found for the southwest corner of the called 5.140 acre tract of land; THENCE N 86°50'52" W a distance of 73.70' to a 112" iron rod found for the southeast corner of the called 0.996 acre tract of land; THENCE N 02°51 '33" E a distance of 589.53' to the POINT OF BEGINNING and containing 43,516 Square Feet or 0.999 Acres of land. FLOOD NOTE This property falls in Zone X according to the Flood Insurance Rate Maps, Panel No. 48085C0180J, Map Revision June 2, 2009, as published by the Federal Emergence Management Agency. SURVEYORS CERTIFICATE I, DAVID J. SURDUKAN, a Registered Professional Land Surveyor in the State of Texas, do hereby certify that I prepared this Development Plat from an actual and accurate survey of the land and that the corner monuments shown thereon were properly placed, under my personal supervision. Registered Professional Land Surveyor Registration No. 4613 BEFORE me, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared David J. Surdukan, known to me to be the person or persons whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the some in the capacity herein stated and the act and deed of said company. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this ____ day of . 2021. Notary Public in and for Collin County My Commission Expires: VICINITY MAP NOT TO SCALE DEVELOPMENT PLAT ORNELAS PLACE BLOCK A. LOT 1 BEING 0.999 ACRES OUT OF THE ROBERT WHITAKER SURVEY ABSTRACT NO. 1011 CITY OF ANNA ETJ COLLIN COUNTY, TEXAS OWNER SURVEYOR MARIA ISABEL DE ORNELAS SURDUKAN SURVEYING, INC. 1630 ELM STREET P.O. BOX 126 ANNA, TEXAS 75409 ANNA, TEXAS 75409 (214) 578-7892 (972) 924-8200 FIRM NO. 10069500 SCALE 1 " = 40' DATE: JANUARY 6, 2021 JOB No. 2020-54 THE CITY OF Anna AGENDA ITEM: Item No. 6.h. City Council Agenda Staff Report Meeting Date: 2/9/2021 Staff Contact: Ross Altobelli Approve a Resolution regarding the Anna 455 Addition, Block A, Lot 4, final plat. (Director of Development Services Ross Altobelli) SUMMARY: It is recommended that the City Council approve a resolution regarding the Anna 455 Addition, Block A, Lot 4, final plat. Jonathan Kerby, P.E., Kimley-Horn and Associates, Inc., has submitted an application for approval of a final plat for Anna 455 Addition, Block A, Lot 4. One commercial lot on 1.3± acres located on the north side of White Street (F.M. 455), 877± feet east of Victoria Falls Drive. Zoned PD-709-2015. The purpose of the final plat is to dedicate easements necessary for the retail store development. The Planning and Zoning Commission recommended approval. FINANCIAL IMPACT: STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 1: Growing Anna Economy Goal 3: Sustainable Anna Community Through Planned Managed Growth STAFF RECOMMENDATION: Staff recommends approval of this item. ATTACHMENTS: 1. Agenda Map 2. RESOLUTION - (FP) Anna 455 Addition, Block A, Lot 4 3. EXHIBIT A (FP) Anna 455 Addition, Block A, Lot 4 APPROVALS: Lauren Mecke, Planner II Created/Initiated - 2/2/2021 Ross Altobelli, Director of Development Services Approved - 2/2/2021 Jim Proce, City Manager Final Approval - 2/4/2021 {: Final Plat- Anna 455 Addition, Block A, Lot 4 A "` RHYMERS GLEN DR ; Y DEERCHASE a DR f ) RIVER CROSSING DR N � T J J r/ F u_ AN LO r U > � ' dyi r A• W WHITE ST y WIN is z PIN OA O �� -► Z ?' O i o w q.- - m N r irk W ( 0 ' t LLU w' - BLACK OAK CT cn o THE CITY OF N a Anna o WHITE OAK RD v IMProposed Site Parcels � T 0 125 250 500 Feet A _ L:\Planning & Development\Project Review\Anna January 2021 455 Addition, Block A, Lot 4 Final Plat, Site Plan, Landscape Plan\Locators\Agenda Map -Final Plat.mxd CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A FINAL PLAT OF ANNA 455 ADDITION, BLOCK A, LOT 4. 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 Article 9.02 of the Anna City Code of Ordinances ("Subdivision Regulations"); and WHEREAS, Jonathan Kerby,Kimley-Horn, has submitted an application for approval of a Final Plat of Anna 455 Addition, Block A, Lot 4; WHEREAS, The Final Plat of Anna 455 Addition, Block A, Lot 4 generally conforms to the Preliminary Plat of Anna 455 Addition, Block A, Lot 4; WHEREAS, The Final Plat of Anna 455 Addition, Block A, Lot 4 conforms to the existing zoning; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Final Plat The City Council hereby approves the final plat of Anna 455 Addition, Block A, Lot 4 hereto as Exhibit A. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 9t" day of February 2021. ATTEST: APPROVED: City Secretary, Carrie L. Land Mayor, Nate Pike GRAPHIC SCALE IN FEET _ - 40 0 20 40 80 / 1 " = 40' @ 24X36 20 / 21 22 / I I IRSC- 1/2" IRF 2.50- CALLED 1.722 ACRES ADVILAS LLC, INST. NO. 20180131000125100 O.P.R.C.C.T. 24' FIRE LANE, ACCESS AND UTILITIES EASEMENT INST. NO. 20160106000016870 O.P.R.C.C.T. 23 RIVER CROSSING DRIVE I I I I I I 27 28 29 30 31 BLOCK C VOL. 20191 PG. 826 I I P.R.C.C.T. I I I 5' PRIVATq WALL WATER EASEMENT MAINTENANCE (BY THIS PLAT) EASEMEN VOL.2019 PG. 826 IRSC -- ----S89001'1OT-188.67-------- - - - - S89°01'43"E 172_00_ _ 7.07' - - - - - - - - - L - S89°01'43"E 67.73' - L5 L12 0 S89°01'43"E 48.89' - - 10.0' / 10.41' 10.41' C3 <� J L I 35' REAR YARD SETBACK LINE C4 10' WATER EASEMENT Ory S89°01'43"E 48.89' CS 7 43 L11 BY SEPARATE INSTRUMENT <y �cb z w w O w co 24 25 26 AVERY POIN E PHASE 5 K J H H Co Q I- w w w LU w N w REMAINDER OF A CALLED TRACT II Q lb w ANNA 455 COMMERCIAL, LP, m a 0 Q U INST. NO. 20121119001473740, INST. NO. O w ( w rn Q cn 20121119001473750 & INST. NO. O M 0 (6 N � (n V O Z 20121119001473760 U w UJI80 Q � O.P.R.C.C.T. LU w V o V 0 on o w < co o ip BLOCK A, LOT 4 b o g W M CO LU z 1.300 ACRES W N (n w Lf} m o � a. 56,611 SQ. FT. J a z 12.0' W_ LL F- M= LL F- 24' FIRE LANE, ACCESS AND UTILITIES EASEMENT 3.52' v^ �� v`O INST. NO. 20160106000016870 \ O.P.R.C.C.T. 4 84.00' �S89°01'43"E 56.07' 42.00' IRSC IRSC 25':BUILDING SETBACK LINE S$9�01'43"E rNo' O FIRE LANE AND ACCESS EASEMENT --------------------------------- 0 11.21'- L0 BY SEPARATE INSTRUMENT ---- - - - XF- - - - - - - - - - - - - - - IRSC N89001'43"W 195.96' PARCEL 16A - - - - - - P.O. STATE OF TEXAS IRSC INST. NO. 2012062500075960 15' WATER EASEMENT J INST. NO. 20160106000016850 O.P.R.C.C.T. STATE OF TEXAS VOL. 372, PG. 261 D.R.C.C.T. WHITE STREET (F. M. 455) STATE OF TEXAS VOL. 372, PG. 161 D.R.C.C.T. O.P.R.C.C.T. 0 0 N -- _ STATE OF TEXAS INST. NO. 20110803000812100 3 4 1 5 6 7 8 g 13 10 11 12 BLOCK A 14 15 16 OAK HOLLOW ESTATES PH SE 1 VOL. N, PG. 647 I I I I P.R.C.C.T. GENERAL NOTES: 1. All corners set are monumented with a 5/8 inch iron rod with red plastic cap stamped "KHA", unless otherwise noted. 2. All bearings shown are based on grid north of the Texas Coordinate System, NAD83, North Central Zone 4202. All dimensions shown are ground distances. To obtain a grid distance, multiply the ground distance by the Project Combined Factor (PCF) of 0.999856573. Vertical Datum NAVD 88. 3. Notice: Selling a portion of this addition by metes and bounds is a violation of city subdivision ordinance and state law and is subject to fines and withholding of utilities and building permits FLOOD STATEMENT: According to Community Panel No. 48085CO155J dated June 02, 2009 of the National Flood Insurance Program Map, Flood Insurance Rate Map of Collin County, Texas, Federal Emergency Management Agency, Federal Insurance Administration, this property is within Zone "X", which is not a special flood hazard area. If this site is not within an identified special flood hazard area, this flood statement does not imply that the property and/or the structures thereon will be free from flooding or flood damage. On rare occasions, greater floods can and will occur and flood heights may be increased by man-made or natural causes. This flood statement shall not create liability on the part of the surveyor. LEGEND BOUNDARY LINE EASEMENT LINE BUILDING LINE IRF IRON ROD FOUND IRFC IRON ROD FOUND WITH CAP IRSC IRON ROD SET WITH CAP INST. NO. INSTRUMENT NUMBER NTS NOT TO SCALE FND. FOUND B.L. BUILDING LINE P.R.C.C.T. PLAT RECORDS OF COLLIN COUNTY, TEXAS O.P.R.C.C.T. OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY, TEXAS XF "X" CUT IN CONCRETE FOUND P.O.B. POINT OF BEGINNING CURVE TABLE NO. DELTA RADIUS LENGTH CHORD BEARING CHORD C1 90°00'00" 30.00' 47.12' N45°58'17"E 42.43' C2 90°00'00" 54.00' 84.82' S45°58'17'W 76.37' C3 29°29'26" 54.00' 27.79' N74°17'00"W 27.49' C4 29°29'26" 30.00' 15.44' S74°17'00"E 15.27' C5 29°29'26" 30.00' 15.44' N74°17'00"W 15.27' C6 90°00'00" 30.00' 47.12' N45°58'17"E 42.43' C7 90°00'00" 30.00' 47.12' S44°01'43"E 42.43' C8 90°00'00" 30.00' 47.12' S45°58'17'W 42.43' C9 60°30'34" 30.00' 31.68' N29°17'00"W 30.23' LINE TABLE NO. BEARING LENGTH L1 N89°01'10"W 11.97' L2 S44°01'43"E 6.50' L3 S89°01'10"E 7.77' L4 S44°01'43"E 6.50' L5 N89°01'43"W 26.83' L6 S00°58'17W 10.94' L7 N00°58'17E 12.00' L9 S59°32'16"E 8.24' L10 S59°32'16"E 4.30' L11 N89°01'43"W 4.08' L12 S89°01'43"E OWNER'S CERTIFICATE STATE OF TEXAS § COUNTY OF COLLIN § WHEREAS ANNA 455 COMMERCIAL, LP is the sole owner of the following described tract of land: BEING a tract of land situated in the Francis T. Duffau Survey, Abstract No. 288, City of Anna, Collin County, Texas, and being a portion of a called Tract II described in a deed to Anna 455 Commercial, LP recorded in Instrument No. 20121119001473740, Instrument No. 20121119001473750 and Instrument No. 20121119001473760, Official Public Records, Collin County, Texas, and being more particularly described as follows: BEGINNING at a 5/8-inch iron rod with a red plastic cap, stamped "KHA" set on the south line of said Tract II and the north right of way line of White Street (F. M. 455), as described as Parcel 16A in a deed to the State of Texas, recorded in Instrument No. 2012062500075960, Official Public Records, Collin County, Texas, same being the southeast corner of a called 1.722-acre tract of land described in a deed to Advilas LLC, recorded in Instrument No. 20180131000125100, Official Public Records, Collin County, Texas; THENCE North 00°13'26" East, departing the south line of said Tract II, the north right of way line of White Street (F. M. 455), along the east line of said 1.722-acre tract, a distance of 300.12 feet to a 5/8-inch iron rod with a red plastic cap, stamped "KHA" set for the northeast corner of said 1.722-acre tract, same being on the south line of Avery Pointe Phase 5, an addition to the City of Anna, Texas, according to the Final Plat, recorded in Volume 2019, Page 826, Plat Records, Collin County, Texas; THENCE South 89°01'10" East, along the south line of said Avery Pointe Phase 5, a distance of 188.67 feet to a 5/8-inch iron rod with a red plastic cap, stamped "KHA" set for a corner; THENCE South 00°58'17" West, departing the south line of said Avery Pointe Phase 5 and crossing said Tract II, a distance of 248.07 feet to a 5/8-inch iron rod with a red plastic cap, stamped "KHA" set for a corner; THENCE South 89°01'43" East, continuing across said Tract II, a distance of 11.21 feet to a 5/8-inch iron rod with a red plastic cap, stamped "KHA" set for a corner; THENCE South 00°58'17" West, continuing across said Tract II, a distance of 52.00 feet to a 5/8-inch iron rod with a red plastic cap, stamped "KHA" set for a corner on the north right of way line of aforesaid White Street (F. M. 455), as described as Parcel 16A; THENCE North 89°01'43" West, along the north right of way line of said White Street (F. M. 455), a distance of 195.96 feet to the POINT OF BEGINNING and containing 1.300 acres (56,611 square feet) of land, more or less. OWNER'S CERTIFICATION NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: THAT ANNA 455 COMMERCIAL, LP; acting herein by and through their duly authorized officers, do hereby adopt this plat designating the hereinabove described property as ANNA 455 ADDITION, BLOCK A, LOT 4, an addition to the City of Anna, Texas, and does hereby dedicate, in fee simple, to the public use forever, the streets and alleys shown thereon. The streets and alleys are dedicated for street purposes. The easements and public use areas, as shown, are dedicated for the public use forever, for the purposes indicated on this plat. In addition, utility easements may also be used for the mutual use and accommodation of all public utilities desiring to use or using the same unless the easement limits the use to particular utilities, said use by public utilities being subordinate to the public's and City of Anna's use thereof. The City of Anna and public utility entities shall have the right to remove and keep removed all or parts of any buildings, fences, trees, shrubs, or other improvements or growths which may in any way endanger or interfere with the construction, maintenance, or efficiency of their respective systems in said easements. The City of Anna and public utility entities shall at all times have the full right of ingress and egress to or from their respective easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, reading meters, and adding to or removing all or parts of their respective systems without the necessity at any time of procuring permission from anyone. That the undersigned does hereby covenant and agree that he (they) shall construct upon the fire lane easements, as dedicated and shown hereon, a hard surface and that they shall maintain the same in a state of good repair at all times and keep the same free and clear of any structures, fences, trees, shrubs, or other improvements or obstruction, including but not limited to the parking of motor vehicles, trailers, boats, or other impediments to the access of fire apparatus. The maintenance of paving on the fire lane easements is the responsibility of the owner, and the owner shall post and maintain appropriate signs in conspicuous places along such fire lanes, stating "Fire Lane, No Parking." The police or his duly authorized representative is hereby authorized to cause such fire lanes and utility easements to be maintained free and unobstructed at all times for Fire Department and emergency use. The undersigned does covenant and agree that the access easement may be utilized by any person or the general public for ingress and egress to other real property, and for the purpose of General Public vehicular and pedestrian use and access, and for Fire Department and emergency use, in, along, upon, and across said premises, with the right and privilege at all times of the City of Anna, its agents, employees, workmen, and representatives having ingress, egress, and regress in, along, upon, and across said premises. This approved subject to all platting ordinances, rules, and regulations of the City of Anna, Texas. WITNESS, my hand at 7 , this the day of 12021. ANNA 455 COMMERCIAL, LP, a Texas limited partnership By: Anna 445 Commercial GP, LLC, a Texas limited liability company, Its General Partner VICINITY MAP N.T.S. 370 368 NORTH 75 HACKBERRY z 0 00 0 Z W LL _J X L ~ LL W 455 m SITE STATE OF TEXAS § § COUNTY OF COLLIN § KNOW ALL MEN BY THESE PRESENTS That I, Michael B. Marx, do hereby certify that I prepared this plat and the field notes made a part thereof from an actual and accurate survey of the land and that the corner monuments shown thereon were properly placed under my supervision. Michael B. Marx Registered Professional Land Surveyor Texas Registration No. 5181 Kimley-Horn and Associates, Inc. 6160 Warren Pkwy., Suite 210 Frisco, TX 75034 (972) 335-3580 michael.marx@kimley-horn.com STATE OF TEXAS § COUNTY OF COLLIN § I_e*1%_1 PRELIMINARY THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE AND SHALL NOT BE USED OR VIEWED OR RELIED UPON AS A FINAL SURVEY�� ENT Before me, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared Michael B. Marx, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purpose and considerations therein expressed. Given under my hand and seal of office, this day of 2021. Notary Public in and for the State of Texas Printed Name My Commission Expires Approved this day of by the City Council of the City of Anna, Texas. Mayor City Secretary By: (Printed Name) (Title) FINAL PLAT STATE OF TEXAS § COUNTY OF § ANNA 455 ADDITION BLOCK A, LOT 4 Before me, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purpose and considerations therein expressed. Given under my hand and seal of office, this day of 12021. Notary Public in and for the State of Texas Printed Name My Commission Expires APPROVED FEBRUARY 9, 2021 CITY COUNCIL CITY OF ANNA APPROVED FEBRUARY 1, 2021 P&Z COMMISSION CITY OF ANNA EXHIBIT A 2021, 1.300 ACRES OUT OF THE FRANCIS T. DUFFAU, ABSTRACT NO. 288, CITY OF ANNA, COLLIN COUNTY, TEXAS JAN UARY 2021 a 0 X a r m w 0 J a 0 of W a J D_ z LL THE CITY OF Anna AGENDA ITEM: Item No. 6.i. City Council Agenda Staff Report Meeting Date: 2/9/2021 Staff Contact: Approve a Resolution regarding the Anna 455 Addition, Block A, Lot 4, site plan. (Director of Development Services Ross Altobelli) SUMMARY: It is recommended that the City Council approve a resolution regarding the Anna 455 Addition, Block A, Lot 4, site plan. Jonathan Kerby, P.E., Kimley-Horn and Associates, Inc., has submitted an application for approval of a site plan for Anna 455 Addition, Block A, Lot 4. One commercial lot on 1.3± acres located on the north side of White Street (F.M. 455), 877± feet east of Victoria Falls Drive. Zoned PD-709-2015. The purpose of this site plan is to show the proposed retail store and related site improvements. The Planning and Zoning Commission recommended approval with the stipulation that the ADA parking spaces be switched so that the van space is on the left. The Site Plan has been updated accordingly. FINANCIAL IMPACT: STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 1: Growing Anna Economy Goal 3: Sustainable Anna Community Through Planned Managed Growth STAFF RECOMMENDATION: Staff recommends approval of this item as recommended by the Planning & Zoning Commission. ATTACHMENTS: 1. Agenda Map 2. RESOLUTION - (SP) Anna 455 Addition, Block A, Lot 4 3. EXHIBIT A (SP) Anna 455 Addition, Block A, Lot 4 APPROVALS: Lauren Mecke, Planner II Created/Initiated - 2/2/2021 Ross Altobelli, Director of Development Services Approved - 2/3/2021 Jim Proce, City Manager Final Approval - 2/4/2021 Site Plan- Anna 455 Addition, • ` Lot ,l w AVERY POINTE DR a Z N D. LL N s+w a O H � , > Ailk J* ,• � =ter: ..:.. -. ,:'.. Z W WHITEST -�+� , p - O 2 IRV,am ru- q. > 0 p ` Or� R' • J LL ��' �'���'cT THE CITY OF N p _. ,. Y� BLACK OAK 4 p o - - a. QProposed Site Parcels 0 125 250 500 Feet January 2021 L:\Planning & Development\Project Review\Anna 455 Addition, Block A, Lot 4 Final Plat, Site Plan, Landscape Plan\Locators\Agenda Map -Site Plan.mxd CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A SITE PLAN OF ANNA 455 ADDITION, BLOCK A, LOT 4. 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 Article 9.02 ("Subdivision Regulation") and Article 9.04 ("Zoning Ordinance") of the Anna City Code of Ordinances; and WHEREAS, Jonathan Kerby, Kimley-Horn, has submitted an application for approval for the site plan of Anna 455 Addition, Block A, Lot 4; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Site Plan The City Council hereby approves the site plan of Anna 455 Addition, Block A, Lot 4 attached hereto as Exhibit A. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 9t" day of February 2021. ATTEST: APPROVED: City Secretary, Carrie L. Land Mayor, Nate Pike 0 z R LU FD z W W a W W W L = a z z -� a m a U ZONING: I I I I PD-R \ I I EXISTING ±7' MASONRY AVERY POINTE PHASE 5 EXISTING ±7' MASONRY EX. LAND USE: \ \ �� \ SCREENING WALL l VOL. 2019, PG. 826 SCREENING WALL SINGLE FAMILY rn / \ CONNECT TO P.R.C.C.T. 10' LANDSCAPE RESIDENTIAL / EXISTING 8" � WATER STUB BUFFER � / � — � PROPOSED 10' S89°01'10"E 200.67' S89°01'10"E-634.91' L_ — — _ — _ — WATER EASEMENT_ _ _ ---- _—_ ---_ o z�-- -- \ — —_ 727 __�--___ -- —_---- �w w w---------_ EXISTING 8" WATER LINE —r 726 — — ,,,,,,��_— ------727= PROPOSED 8" WATER LINE - —L--- __— _ - AA\_ w w 725 w w WM—IM w / — — — — — — — 1 \ \ r I — — — — �7 — — — �6— , PROPOSED 8" PLUG AND I— QTI IR PnP FI ITI IRG i L rKvrwtu N A`3p, — — — WATER EASEMENT / EXISTING �c�rx ^� 24' F.A.U.E. 725 WYE INLET 35' REAR BUILDING SETBACK FL FL — PROPOSED DUMPSTERS WITH 7' MASONRY--iF 0i SCREENING WALL TOT 04 I \p, / MATCH BUILDING WITH 7' SOLID METAL GATES $C.0 / Cl) I � Q I Lu W / / w IiiFDC o LS CALLED 1.722 ACRES I 725 3 0) ADVILAS LLC, � FIRE UJ o / INST. NO. 20180131000125100 LL RISER 2" DOMESTIC O.P.R.C.C.T. CONNECTION 4" FIRE PROPOSED ZONING: PROPOSED CONNECTION 24' F.A.U.E. PD-C 24' F.A.U.E. EX. LAND USE: I STRIPED LOADING ZONE. JSTRIPING TO BE 4" THICK, COMMERCIAL ILL / WHITE OR YELLOW, AT I �CD / (DAYCARE) w / I OF2FINAL DESIGN) TIME I r I't 00 z L z Lu L) w3 m� Qco cD N � z o O o / REMAINDER OF A CALLED TRACT II — — L o LOT 4, BLOCK A l n / ANNA 455 COMMERCIAL, LP, w `" D� z z 1.300 AC / m a / / INST. NO. 20121119001473740, INST. NO. / I ❑ \ N w \ Y Y N 56,611 SF / r °� I / 20121119001473750 & INST. NO. / Ex GI Q i Q L6 / a Ij / / 20121119001473760 / \ o a a N PROPOSED RETAIL / I Z I `O a z BUILDING AREA: 10,010 SF O.P.R.C.C.T. / 4 I a / a BUILDING HEIGHT: 40 FT/1 STY FIFE =±726.00 / ZONING: / ° / / PD-709-2015 (PD-C) �a ° I / w I / / EX. LAND USE' C LL _ AGRICULTURAL rt / III J I // / (OPEN SPACE, ° .1° ° 20' TYP. 8' 24' 6' _ 20' TYP. 5' 80' 5�1 ADA STRIPING IN LJi ACCORDANCE WITH ALL I ° ° LC) I STATE AND LOCAL LAWS ? AND ORDINANCES ` I ~ LL ° ° °° 4" SEWER CONNECTION PROP. PARKING 725 a \ °J ° LS ,,`5� 'Qo�, O o TYP. AN EX FH ° J I Q p. `� / -S89°01'43"E / 24' FIRE LANE, ACCESS, AND I STRIPED PASSENGER S PROP. ADA A 11.21' UTILITIES EASEMENT / ° a CONNECT TO EXISTING LOADING ZONE PARKING \ / INST. NO. 20160106000016870 8" SEWER STUB / 5 24' PERMANENT I 'v O.P.R.C.C.T. ° N / (L F.A.U.E. / / N Q d ° ss ss ss ss ss \ / PROPOSED 10' a EXISTING 8" SEWER LINE a ° / PROPOSED 8" SEWER LINE MH / I WATER EASEMENT 1° FL FIL / SO°58'17"W / 52.00' FL a / °J PROP. PARKING 9' >_ / FH / OFFSITE PARKING TYP. / SPACES � 25' FRONT BUILDING SETBACK / / 20' LANDSCAPE / BUFFER / EX— — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — - - FH ��-72— L PROPOSED 3'CURB CUT / ------ �O� — --- ------ CONNECT TO EXISTING \ PROPOSED 12" PLUG \ EXISTING 12" WATER LINE 12" WATER STUB LS LS N 60'\7' 1\ w w w w W—_ w� w \ w w AND STUB FOR LS \ I/ PROPOSED 12" WATER LINE \ FUTURE CONNECTION 2 \ �� nur�_ �� 6�I��R�-- nHE CBL f CBL O L OHE CBL OHE c N89°01'43"W 632.0T OHE CBL OHEL OHE E CB ki OHE� L CBL CBL CBL CBL CBL CBL �- CBL c' EX. 5' SIDEWALK ; / BFR BFR EX. 5' SIDEWALK v / J ° ° ° ° ° ° ° \° Q Q — / ° ° ° EX Cl a ° ' a ° a J ° ° EX Cl -, — — ° °� ° ° ° ° / �-3 ° 15' WATER EASEMENT ° °/ ° ° ° ° ° ° \ PROP. DRIVEWAY' ° �° \ ° 15' WATER EASEMENT 15. WATER EASEMENT / ° INST. NO. 20160106000016850 / ° � ° ° ° ° � � INST. NO. 20160106000016850 ° ° / °� -� - INST. NO. 20160106000016850 ° , J � ° ° ° ° ° ° � \ ° / �° ° ° ' -' O.P.R.C.C.T. ° ° ° / ° ° ° ° ° /J° 306.4' O.P.R.C.C.T. ° / ° �/� ° J® °\� ° ° / ,cep O.P.R.C.C.T. 4 4 ° ° 1 ° ° ° ��t� ° /�°° ° ��� ° ° a ° ° ° ° ° ° / J ° ° ° A a ° ° ° ° ° ° / ° ° O° / m ° _] , J °A ° ° ° ° ° ° ° ° / ° ° ° / V ° ° ° WHITE STREET (F.M. 455) E m \ / 120' R.O.W. — — — 726— N %/1111111 111 �nunu = 1111111 =I 1111111 1111111 _= 1111111 = �� = 1111111 _I AREA 1111111 _ 1jW1111E.TRErT Illllllllllluuu _� ������i��� VICINITY MAP N.T.S. WATER METER SCHEDULE I.D. TYPE SIZE COUNT 1Q DOMESTIC 2" 1 2Q IRRIGATION 1" 1 W E S 0 20' 40' GRAPHIC SCALE 20' LEGEND E FL� FL PROPOSED FIRE LANE EXISTING PAVEMENT PROPOSED BUILDING EXISTING CONTOUR LINE - MAJOR — — — — EXISTING CONTOUR LINE - MINOR U BM BARRIER FREE RAMP (BFR) ACCESSIBLE PARKING SYMBOL O NUMBER OF PARKING SPACES WM e WATER METER (AND VAULT) FH {} FIRE HYDRANT FDCJ FIRE DEPARTMENT CONNECTION 0 SANITARY SEWER MANHOLE ❑T TRANSFORMER PAD 0 CURB INLET o GRATE INLET ® JUNCTION BOX OR WYE INLET HEADWALL TYP TYPICAL SSE SANITARY SEWER EASEMENT WE WATER EASEMENT DE DRAINAGE EASEMENT BFR BARRIER FREE RAMP SW SIDEWALK BL BUILDING LINE/SETBACK Cl CURB INLET GI GRATE INLET WI WYE INLET JB JUNCTION BOX MH MANHOLE EX EXISTING PROP. PROPOSED LS LANDSCAPE AREA F.A.U.E. FIRE ACCESS AND UTILITY EASEMENT GENERAL SITE DATA ZONING (FROM ZONING MAP) PD-709-2015 LAND USE (FROM ZONING ORDINANCE) RETAIL LOT AREA (SF & AC) 56,611 SF/ 1.300 AC BUILDING FOOTPRINT AREA (SF) 10,010 SF TOTAL BUILDING AREA (SF) 10,010 SF BUILDING HEIGHT (# OF STORIES) 1 STY BUILDING HEIGHT (FT- DISTANCE TO TALLEST POINT) 40 FT LOT COVERAGE (%) 17.7% PARKING PARKING RATIO (FROM ZONING ORDINACE) 1 SPACE/250 SF REQUIRED PARKING (# OF SPACES) 41 SPACES PROVIDED PARKING (# OF SPACES) 51 SPACES ACCESSIBLE PARKING REQUIRED (# OF SPACES) 2 SPACES ACCESSIBLE PARKING PROVIDEDED (# OF SPACES) 2 SPACES LANDSCAPE AREA (INCLUDING TURF AREAS) REQUIRED INTERNAL LANDSCAPE AREA (8 SF/PARKING SPACE) 440 SF ADDITIONAL INTERIOR LANDSCAPE AREA (SF) 989 SF TOTAL LANDSCAPE AREA (SF) 12,508 SF CITY STAMP SITE PLAN FOR ANNA 455 ADDITION, BLOCK A, LOT 4 1.300 ACRES FRANCIST. DUFFAU SURVEY, ABSTRACT NO. 288 CITY OF ANNA, COLLIN COUNTY, TEXAS SUBMITTAL: JANUARY 6, 2021 RE -SUBMITTED: JANUARY 25, 2021 DEVELOPER: ARCHITECT: ENGINEER: Hermansen Land Development TBD KIMLEY-HORN AND 5944 Luther Lane, Suite 725 ASSOCIATES, INC. — Dallas, TX 75225 13455 Noel Road Contact: Kirk M. Hermansen Two Galleria Office Tower, Suite 700 Phone: 214-373-4202 x14 Dallas, Texas 75240 Tel. No. 972-770-1300 Contact: Jonathan Kerby, P.E. m0 U) z _O r) w IY ofz o 0 W H U rn O w> o w cM O H CV 0 N LL z ~ 0 Q w } Q Q w 0 w W 0 g CS w J ~ Y � Q C . 0 p J O0 W J O�:o?�FD Q w Lu 0 0U) d X W w ■� ~ zLO v M z 0 y J U N O 2 - o w >- W ¢ C) Z p w coo = O m Lu 0 � Lu U Y Lu o U � Q Z Y O d 0 O� OJ�Q aawQ Z L0 LL 060 LL a0�0 LU H Z J Z m LU a 2 z _j a_ W F__ SHEET NUMBER SP-1 THE CITY OF Anna AGENDA ITEM: Item No. 6.j. City Council Agenda Staff Report Meeting Date: 2/9/2021 Staff Contact: Ross Altobelli Approve a Resolution regarding the Willow Creek Addition, Phase 1 B, Block G, Lot 1 R, preliminary replat. (Director of Development Services Ross Altobelli) SUMMARY: It is recommended that the City Council approve a resolution regarding the Willow Creek Addition, Phase 1 B, Block G, Lot 1 R, preliminary replat. Jonathan Hake, Cross Engineering Consultants, Inc., has submitted an application for approval of a preliminary replat for Willow Creek Addition, Phase 1 B, Block G, Lot 1 R. One commercial lot on 2.2± acres located oat the northeast corner of White Street (F.M. 455) and Willow Creek Drive. Zoned PD-337-2007. The purpose for this replat is proposed easements necessary for the development of the property. The Planning & Zoning Commission recommended approval. FINANCIAL IMPACT: STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 1: Growing Anna Economy Goal 3: Sustainable Anna Community Through Planned Managed Growth STAFF RECOMMENDATION: Staff recommends approval of this item. ATTACHMENTS: 1. Agenda Map 2. RESOLUTION (PR) Willow Creek, Phase 1 B, Block G, Lot 1 R 3. EXHIBIT A (PR) Willow Creek, Phase 1 B, Block G, Lot 1 R APPROVALS: Lauren Mecke, Planner II Ross Altobelli, Director of Development Services Jim Proce, City Manager Created/Initiated - 2/2/2021 Approved - 2/3/2021 Final Approval - 2/4/2021 Preliminary Replat- Willow Creek Addition, Phase 1 B, Block G, Lot 1 R _ m W FIFTH ST z GRANGEWOOD DR �- i d f l 1 O MAH_ OGANY DR • I cn - � w .• ,:�, is Z s , - _a . �, ,. a �•0 ;_SEQUOIA DR, H m -7MF V YTiT " DURHAM `. DR t. p O ALDER Q" DR O V. 4 _ I Q C' �4 i y4 _ y .. LL a BAMBOO - . DRUj . . ., Ile + T 7j1j 1 'lm i ,- W WHITE ST - , h Y --- " a _ _ J �^ a Uj a. v, _ WESTGATE CTgs< THE CITY OF N W W I IL 1n Q W ~� $ s - N a= Proposed Site Parcels y W 0 200 400 800 + Feet d, 4 January 2021 LAPlanning & DevelopmeOProject Review\Willow Creek, Phase 1 B, Block G, Lot 1 RIocat&Agenda Map.mzd CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A PRELIMINARY REPLAT FOR WILLOW CREEK ADDITION, PHASE 1 B, BLOCK G, LOT 1 R. 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 Article 9.02 ("Subdivision Regulations") the Anna City Code of Ordinances; and WHEREAS, David Booth, DR Horton -Texas, Ltd. has submitted an application for approval of a preliminary replat for Willow Creek Addition, Phase 1 B, Block G, Lot 1 R; 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 Preliminary Replat. The City Council hereby approves the preliminary replat for Willow Creek Addition, Phase 1 B, Block G, Lot 1 R attached hereto as Exhibit A. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 9t" day of February 2021. ATTEST: APPROVED: City Secretary, Carrie L. Land Mayor, Nate Pike OWNER' CERTIFICATE 0 wLO 0' 40' 80, 120' wmo zw - ~ ° C� r~ x�o=Q I SCALE: 1" = 40' w -' o_ 2 ~� 1 �0 I in AREA NOTE: BLOCK E The area (acres) shown hereon is based on the mathematical closure of the courses and distances reflected on this Survey. It does not include the tolerances that may be present due to positional accuracy of the boundary monuments in place. REFERENCE BEARING NOTE: The basis of bearings shown upon this Plat are derived from GPS observations from the Topcon TopNet Global Sysytem Network, Texas State Plane Coordinates, North Central Zone (4702), NAD-83. FLOOD ZONE NOTE: This Surveyor has reviewed Flood Insurance Rate Map No. 48085CO160J (effective date June 2, 2009) published by the Federal Emergency Management Administration for Collin County, Texas and based upon said scaled map and graphic plotting,such review revealed that the subject parcel lies within "ZONE X" (Un-Shaded) and is outside of the 100 Year Flood Plain. MONUMENT NOTE: All lot corner monuments are 1/2 inch diameter rebar, two feet long topped with a red plastic cap, stamped "RPLS 4701", unless otherwise noted. PURPOSE STATEMENT: The purpose of this Preliminary Replat is to dedicate additional easements to Lot 1, Block G. CITY NOTES: All lots situated in whole or in part within the City's Corporate Limits comply with the minimum size requirements of the governing zoning district and the requirements of the subdivision ordinance. Notice: Selling a portion of this addition by metes and bounds is a violation of the city Subdivision Ordinance and State platting statutes and is subject to fines and withholding of utilities and building certificates. a1.1 Q N0ithF:MIus] 01 WILLOW CREEK ADDITION Cab. P, Pg. 405 P R C C T POINT OF` BEGINNING 51 " IRF W/Cap � DOWDY (CM) - - - - 70 35' PD-C ~`�35, LOT 1, BLOCK F / WILLOW CREEK ADDITION PHASE 1A Cab. P, Pg. 59 P.R.C.C.T. LISMORE PRODUCTS, LLC W / 5/8" IRF Doc. No. 20171031001455780 W/Cap D.R.C.C.T. RPLS 5560 EXISTING VARIBLE WIDTH LANDSCAPE / ° SETBACK EASEMENT Cab. P, Pg. 59 11 cI o,� a cUi P.R.C.C.T. �•� 0 ci 5/8" IRF W/Cap / RPLS 5560 Cab. = Cabinet Vol. = Volume Pg. = Page Doc. No. = Document Number Inst. No. = Instrument Number D.R.C.C.T. = Deed Records, Collin County, Texas P.R.C.C.T. = Plat Records, Collin County, Texas CM = Controlling Monument IRF = Iron Rod Found CIRS = 1/2" Iron Set with red cap stamped "RPLS 4701" LEGEND BOUNDARY LINE ADJOINER LINE --------------- EASEMENT LINE SURVEY ABSTRACT LINE — CENTERLINE OF ROAD VICINITY MAP Not To Scale STATE OF TEXAS § \ COUNTY OF COLLIN § �125WHEREAS, MARCUS PROPERTY COMPANY LLC is the owner of that certain tract of land situated in the City of Anna, in the John 50' C. Farris Survey, Abstract No. 331 of Collin County, Texas and being the remainder of Lot 1, Block G of Willow Creek Addition, _ Phase 1B, an addition to the City of Anna, according to the plat thereof, recorded in Cabinet P, Page 27, Plat Records, Collin BAMBOO DRIVE �\ County, Texas (P.R.C.C.T.) and same being described in a deed to Marcus Property Company LLC, recorded in Document No. 25' 20160727000966790, Deed Records, Collin County, Texas (D.R.C.C.T.) and said parcel being more particularly described by metes 50' Wide Right -of -Way) & bounds as follows: BEGINNING at a 5/8 inch iron rod, topped with a plastic cap, stamped "Dowdy", found on the east right-of-way line of Willow EXISTING �� Creek Drive (a 70' wide right-of-way) for the northwest corner of the above described Lot 1, Block G and same being the 5' UTILITY EASEMENT southwest corner of Block A of Willow Creek Addition, an addition to the City of Anna, according to the plat thereof, recorded Cab. P, Pg. 405 in Cabinet P, Page 405, P.R.C.C.T.; P.R.C.C.T. I I I I Z `' I I I I n PD-R I THENCE: South 89 deg. 16 min. 21 sec. East, departing from said Willow Creek Drive, along the common line of said Lot 1, I w I I I I I I I I I Block G and Block A, a distance of 556.55 feet to a 1/2 inch iron rod, topped with a plastic cap, stamped "GEER", found for c� Q . WILLOW CREEK ADDITION I I the northeast corner of said Lot 1, Block G and same being the northwest corner of Lot 1B, Block G of SASM Investments I z � Cab. P, Pg. 405 Addition, an addition to the City of Anna, according to the plat thereof, recorded in Volume 2014, Page 544, P.R.C.C.T.; y X P.R.C.C.T. w 0 7.5 13 THENCE: South 00 deg. 43 min. 34 sec. West, along the common line of said Lot 1, Block G and SASM Investments Addition, a c� 3 4 5 6 7 z distance of 171.51 feet to a mag nail found on a water meter box cover, on the north right-of-way line of W. White Street 1 2 I I I8 9 10 1 1 1 2 � LO (a.k.a. F.M. Road 455 - variable width right-of-way), for the southeast corner of this tract, from which a 1/2 inch iron rod, BLOCK A I I I I I I \ w topped with a red plastic cap, stamped "RPLS 4701", bears North 00 deg. 43 min. 34 sec. East - 5.00 feet for reference; c� < a- N:7,177,771.085 I I I I I I I EXISTING (nw THENCE: North 89 deg. 26 min. 22 sec. West, along the current north right-of-way line of W. White Street, a distance of E:2,561 ,551.381 15' UTILITY EASEMENT NAD-83 Cab. P, Pg. 405 w � o 543.00 feet to a 1/2 inch iron rod, topped with a plastic cap, stamped "CBG", found for an angle corner; State Plane Coordinates P.R.C.C.T. D Texas North Central Zone o » , o -5 THENCE: North 44 deg. 09 min. 17 sec. West, continuing along said right-of-way, a distance of 55.37 feet to a 5/8 inch iron S 89 > 6 2 > E — 556.55 rod, topped with a plastic cap, stamped "RPLS 5560", found for corner at the intersection of the north right-of-way line of - - said W. White Street and the east right-of-way line of the above mentioned Willow Creek Drive and said point being on a EXISTING VARIABLE WIDTH (Plat Call: S 88°03'41 " E) 1/2" IRF non -tangent curve to the right, having a radius of 215.00 feet, a central angle of 18° 13' 00" and a chord that bears North LANDSCAPE EASEMENT W/Cap Cab. P, Pg. 27 - P.R.C.C.T. "GEER" - - - - - - - - - - - - - - - 10 deg. 23 min. 55 sec. East - 68.07 feet; 25' SIDE YARD _ _ PROPOSED 0' SETBACK LOT 1R, BLOCK G ;,µ - 15' DRAINAGE EASEMENT THENCE: Along the east right-of-way line of said Willow Creek Drive and along said curve to the right, an arc distance of PD-C I I 97,968 Sq. Feet - Doc. No. 68.36 feet to a 5/8 inch iron rod, topped with a plastic cap, stamped "RPLS 5560", found at the point of reverse curve to the 2.249 Acres D.R.C.C.T. left, having a radius of 285.00 feet, a central angle of 13° 44' 52" and a chord that bears North 12 de 37 min. 59 sec. East Planned Development _ g g g / Commercial District i I MINIMUM FINISH FLOOR = 675.6 I i PD-C 68.22 feet; \ I LOT 113, BLOCK G MARCUS PROPERTY COMPANY, LLC [-24 .- �24 --I SASM INVESTMENTS THENCE: Continuing along said right-of-way line and with said curve to the left, an arc distance of 68.38 feet to the POINT \ Doc. No. 20160727000966790 I I I ADDITION OF BEGINNING and containing 97,968 square feet or 2.249 acres of land. \0. I Vol. 2014, Pg. 544 / P.R.C.C.T. NOTE: ALL NEW EASEMENTS BY THIS PLAT WILL BE I � P.R.C.C.T. ANNOTATED ONCE ALL EASEMENT ALIGNMENTS HAVE NON-EXCLUSIVE / 10' WATER EASEMENT BEEN FINALIZED &APPROVED. EASEMENT AGREEMENT I I � JACKMAN REAL ESTATE, LLC DEDICATION (By this Plat) PO Doc. No. 20080805000949900 0� I Doc. No. 20141111001230120 D.R.C.C.T. iM STATE OF TEXAS — � / CO D. R. C. C. T. ) 10' WATER f'��3\ / �� I I M EXISTING COUNTY OF COLLIN )( EASEMENT \ 0 ---------------------- __________ I CI' 24' FIREING 8c (By this Plat) \4'� 24' FIRE LANE, WATER }& DRAINAGE EASEMENT - I °O CROSS ACCESS EASEMENT NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: \SA 24' FIRE LANE, WATER & DRAINAGE EASEMENT Vol. 2014, Pg. 544 � (By this Plat) � O EXISTING - - is - (By this Plat) P.R.C.C.T_ / WHEREAS, MARCUS PROPERTY COMPANY, LLC, does hereby adopt this Preliminary Replat designating the herein — — — — - ��, — — — — i— — — — — — — — _ _ _ _ 6 EXISTING above described property as WILLOW CREEK ADDITION, PHASE 1B, LOT 1R, BLOCK G, being a replat of the remainder 7.5' UTILITY EASEMENT Remnant of - - - - - - - - +I Cab. P, Pg. 27 EXISTING UTILTY EASEMENT �� ,h�� R 3 20' LANDSCAPE EASEMENT of Lot 1, Block G, Willow Creek Addition, Phase 1B, Plat Records, Collin County, Texas and described in a deed to P.R.C.0 T. Cab. P, Pg. 27 ^- P R.C.C.T. 50' BUILDING SETBACK 0 �\ — Vol. 2014, 544 Marcus Property Company, LLC, recorded in Document Number 20160727000966790, of the Deed Records of Collin �30' P.R.C.C.T. County, Texas (D.R.C.C.T.), do hereby dedicate to the public use forever, the streets and easements shown hereon for the purpose as indicated. The Firelane, Drainage, Mutual Access and Utility Easement being hereby dedicated CIRS For for the mutual use and accommodation of the City of Anna and all public utilities desiring to use or using same. 5.00 �R=25'y' - �— J Reference _� All and any public utility and the City of Anna shall have the right to remove and keep removed all or parts of � an building, fences, shrubs, trees, or other improvements or growths, which in an way, endanger or interfere N 44009' 1 %„ W 1/2" IRF - - - - - - � - - - - - - - �� - - - - - Y g, P g Y Y, g W/Cap N 89026'22" W — 543.00� - MAG NAIL on with the construction, maintenance or efficiency of its respective systems on said easements, and the City of 55. 37' CBG N:7,177,592.527 Water Meter - - - - Anna and all public utilities shall, at all times, have the full right of ingress and egress to or from and upon W. WHITE STREET STATE OF TEXAS E:2 562 105.718 said easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, and adding to PARCEL 32 NAD-83 Remnant of P P g� g, P g, P g, g� g STATE OF TEXAS Doc. No. 20121203001531910 EXISTING or removing all or parts of its respective systems, without the necessity at any time, of procuring the PARCEL 32 (a.k.a. F. M. ROAD 455) 60' D.R.C.C.T. State Plane Coordinates UTILTY EASEMENT permission of anyone. This plat approved subject to all platting ordinances, rules, regulations and resolutions of Texas North Central Zone Cab. P, Pg. 27 the City of Anna, Texas. Doc. No. 2012 D.R.C.C.T. 1531910 Variable Wide Right -of -Way) STATE OF TEXAS P.R.C.C.T. D.R.C.C.T. ( g y) Vol. 372, Pg. 185 - D.R.C.C.T. and Cab. P, Pg. 405 P.R.C.C.T. PARCEL 34 Doc. No. 20121016001313260 That the undersigned does hereby covenant and agree that he (they) shall construct upon the fire lane Approximate Centerline John C. Farris Survey, A-331 A 120' D.R.C.C.T. easements, as dedicated and shown hereon, a hard surface and that he (they) shall maintain the same in a - -� - - - _ Joseph Schluter Survey, A-856 & Survey Abstract Line_ John C. Farris Survey, A-331 - - - - - _ state of good repair at all times and keep the same free and clear of any structures, fences, trees, shrubs, or Granderson Stark Survey, A-798 - other improvements or obstruction, including but not limited to the parking of motor vehicles, trailers, boats, or other impediments to the access of fire apparatus. The maintenance of paving on the fire lane easements is the responsibility of the owner, and the owner shall post and maintain appropriate signs in conspicuous places along 60' such fire lanes, stating "Fire Lane, No Parking." CURVE TABLE CURVE DELTA ANGLE RADIUS ARC LENGTH CHORD BEARING CHORD LENGTH C1 18°13'00" 215.00' 68.36' N 10*23'55" E 68.07' C2 13°44'52" 285.00' 68.38' N 12°37'59" E 68.22' SURVEYORS' CERTIFICATE The police or his duly authorized representative is hereby authorized to cause such fire lanes and utility easements to be maintained free and unobstructed at all times for Fire Department and emergency use. WITNESS MY HAND in COLLIN COUNTY, TEXAS, this the day of Bruce Marcus Owner , 2021. STATE OF TEXAS )( COUNTY OF COLLIN )( BEFORE ME, the undersigned, a Notary Public in and for the State of Texas, on this day personally appeared BRUCE MARCUS, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same in the capacity therein stated and for the purposes and considerations therein expressed. WITNESS MY HAND AND SEAL OF OFFICE, this the day of Notary Public, State of Texas 2021. That I, Lawrence H. Ringley, do hereby certify that I have prepared this plat and the field notes shown hereon from an representation of on the ground survey the physical evidence of the land, and this plat is a true, correct and accurate Approved this day of 2021. found at the time of the survey; that the corner monuments shown hereon were found and/or placed under my personal supervision. This plat was prepared in accordance with the platting rules and regulations of the City of Anna, Texas. DATED this the day of , 2021. PRELIMINARY R EPLAT RRC LMN RX REPLAT RELEASED 01/18/2021 FOR REVIEW PURPOSES ONLY. THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE. Lawrence H. Ringley, R.P.L.S. State of Texas, No. 4701 STATE OF TEXAS ) ( COUNTY OF COLLIN)( BEFORE ME, the undersigned, a Notary Public in and for the State of Texas, on this day personally appeared LAWRENCE H. RINGLEY, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same in the capacity therein stated and for the purposes and considerations therein expressed. WITNESS MY HAND AND SEAL OF OFFICE, this the day of , 2021. Notary Public, State of Texas Mayor, City of Anna, Texas City Secretary, City of Anna, Texas APPROVED FEBRUARY 9, 2021 CITY COUNCIL CITY OF ANNA OWNER: MARCUS PROPERTY COMPANY, LLC Contact: Bruce Marcus 1717 Pembroke Lane McKinney, Texas 75072-4796 320-444-7709 b. marcus®terracoconstruction. com APPROVED FEBRUARY 1, 2021 P&Z COMMISSION CITY OF ANNA RINGLEY & ASSOCIATES, INC. Contact: Lawrence H. Ringley 701 S. Tennessee Street McKinney, Texas 75069 972-542-1266 LHR®ringley. com WILLOW CREEK ADDITION PHASE 113 LOT 1 R, BLOCK G 2.249 Acres a replat of the remainder of Lot I. Block G. Willow Creek Addition, Phase 1B, recorded in Cabinet P, Page 27, Plat Records, Collin County, Texas situated in the John C. Farris Survey, Abstract No. 331 City of Anna, Collin County, Texas THE CITY OF Anna AGENDA ITEM: Item No. 6.k. City Council Agenda Staff Report Meeting Date: 2/9/2021 Staff Contact: Ross Altobelli Approve a Resolution regarding the One Anna Two Addition, Block B, Lots 1 & 2, preliminary plat. (Director of Development Services Ross Altobelli) SUMMARY: It is recommended that the City Council approve a resolution regarding the One Anna Two Addition, Block B, Lots 1 & 2, preliminary plat. Anthony Loeffel, Kimley-Horn & Associates, has submitted an application for approval of a preliminary plat for One Anna Two Addition, Block B, Lots 1 & 2. One multiple -family residential lot on 9.08± acres and one commercial lot on 4.9± acres located at the southwest corner of U.S. Highway 75 and W Country Road 370 (Suzie Lane). Zoned: Planned Development-846-2020-General Commercial (PD-846-2020-C- 1). The purpose for the preliminary plat is to propose lot and block boundaries and easements necessary for the creation of one multiple -family residential lot and one commercial lot. The Planning and Zoning Commission recommended approval. FINANCIAL IMPACT: STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 1: Growing Anna Economy Goal 3: Sustainable Anna Community Through Planned Managed Growth STAFF RECOMMENDATION: Staff recommends approval of this item. ATTACHMENTS: 1. Agenda Map 2. RESOLUTION (PP) One Anna Two Addn, BL B, Lts 1 & 2 3. Exhibit A (PP) One Anna Two Addn, BL B, Lts 1 & 2 APPROVALS: Lauren Mecke, Planner II Created/Initiated - 2/2/2021 Ross Altobelli, Director of Development Services Approved - 2/3/2021 Jim Proce, City Manager Final Approval - 2/4/2021 Preliminary Plat- One Anna Two Addition, Block B, Lots 1 and 2 Uj w a jr co _j Q > W r p m C) Z HACKBERRY DR r N Z G I Z1 -.KMa O v Q SUZIE LN ID LAL_ m 0 w 2 CREEK MEADOW.DR o a C* � w - LAKESHORE DR z k o ti LU w, G� (P O W 00 Ito j W� O -W WHITE ST- 7=7- - N - _'' � • t Flit OC Z � t p - — Source: E-sri, DigitalGlobe t� t IGN, and the GIS User Co IMIGNIN �!' — Il��lllllilfi '� Mel- ME.-��1111111111 �.. • 111111111111 Al G 10111111111 no � �"11111111111� .. �M MMTHE CITY OF N AtIft - i I Proposed Parcels ETI 16 1 250 500 1,000 Feet January 2021 ning & Development Project Review\One Anna Two Addition, BL B, Lts 1 & 21ocator\Agenda Map.mxd CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A PRELIMINARY PLAT FOR ONE ANNA TWO ADDITION, BLOCK B, LOTS 1 & 2, 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 Article 9.02 ("Subdivision Regulations") the Anna City Code of Ordinances; and WHEREAS, Anthony Loeffel, Kimley-Horn & Associates, has submitted an application for approval of a preliminary plat for One Anna Two Addition, Block B, Lots 1 & 2; 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 Preliminary Plat The City Council hereby approves the preliminary plat for One Anna Two Addition, Block B, Lots 1 & 2 attached hereto as Exhibit A. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 9th day of February 2021. ATTEST: APPROVED: City Secretary, Carrie L. Land Mayor, Nate Pike EXHIBIT A GENERAL NOTES LOCATION MAP JOB NO. 20100838 ACCESS EASEMENT FLOOD STATEMENT According to flood map 48085CO155J, effective June 2, 2009 of the Flood Insurance Rate Map of Collin County, Texas, Federal Emergency Management Agency, Federal Insurance Administration, this property is in Zone X. The undersigned does covenant and agree that the access easement may be utilized by any person or the general public for ingress and egress to other real property, and for the purpose of general public vehicular and pedestrian use and access, and for Fire Department and emergency use, in, along, upon, and across said premises, with the right and privilege at all times of the City of Anna, its agents, employees, workmen, and representatives having ingress, egress, and regress in, along, upon, and across said premises. DRAINAGE AND DETENTION EASEMENT STATE OF TEXAS COUNTY OF COLLIN CITY OF ANNA This plat is hereby adopted by the Owners and approved by the City of Anna (called "City') subject to the following conditions which shall be bindingupon the Owners their heirs grantees and successors: P The portion of Block 1, as shown on the plat is called "Drainage and Detention Easement." The Drainage and Detention Easement within the limits of this additionsP will remain open at all times and will be maintained in a safe and sanitary condition by the owners of the lot or lots that are traversed by or adjacent to the Drainage and Detention Easement. The City will not be responsible for the maintenance and operation of said Easement or for any damage to private property or person that results from conditions in the Easement, or for the control of erosion. No obstruction to the natural flow of storm water run-off shall be permitted by construction of any type of building, fence, or any other structure within the Drainage and Detention Easement as hereinabove defined, unless approved by the City Engineer. Provided, however, it is understood that in the event it becomes necessary for the City to erect or consider erecting any type of drainage structure in order to improve the storm drainage that may be occasioned by the City shall have the right to enter upon the Drainage and Detention Easement at any point, or points, to investigate, survey or to erect, construct and maintain any drainage facility deemed necessary for drainage purposes. Each property owner shall keep the Drainage and Detention Easement clean and free of debris, silt, and any substance which would result in unsanitary conditions or obstruct the flow of water, and the City shall have the right of ingress and egress for the purpose of inspection and supervision of maintenance work by the property owner to alleviate any undesirable conditions which may occur. The natural drainage through the Drainage and Detention 9 9 Easement is subject to storm water overflow and natural bank erosion to an extent which cannot be definitely defined. The City shall not be held liable for an damages of an nature resulting from the y g y g occurrence of these natural phenomena, or resulting from the failure of any structure, or structures, within the easement. FIRE LANE EASEMENT That the undersigned does hereby covenant and agree that he (they) shall construct upon the fire lane easements, as dedicated and shown hereon, a hard surface and that he (they) shall maintain the some in a state of good repair at all times and keep the some free and clear of any structures, fences, trees, shrubs, or other improvements or obstruction, including but not limited to the parking of motor vehicles, trailers, boats, or other impediments to the access of fire apparatus. The maintenance of paving on the fire lane easements is the responsibility of the owner, and the owner shall post and maintain appropriate signs in conspicuous places along such fire lanes, stating "Fire Lane, No Parking." The police or his duly authorized representative is hereby authorized to cause such fire lanes and utility easements to be maintained free and unobstructed at all times for Fire Department and emergency use. 1. ALL DIMENSIONS ARE TO FACE OF CURB UNLESS NOTED OTHERWISE. 2. ALL PROPSED RADII ARE 3' UNLESS NOTED OTHERWISE. 3. ALL PROPOSED DRIVE AISLE RADII ARE A MINIMUM OF 20'. 4. HANDICAP PARKING IS PROVIDED IN ACCORDANCE WITH ADA STANDARDS. 5. ALL 18-FOOT DEEP PARKING STALLS SHALL PROVIDE A 2-FOOT PARKING OVERHANG OFFSET PER THE ORDINANCE 6. HANDICAP MARKING IS PROVIDED IN ACCORDANCE WITH ADA STANDARDS FOR ALL LOTS. 7. PROPOSED FIRE LANES SHALL BE PROVIDED IN ACCORDANCE WITH ANNA REQUIREMENTS AND SHALL HAVE A MIN. INSIDE TURNING RADIUS OF 30'. S. PROPOSED FIRE HYDRANTS SHALL BE PROVIDED IN ACCORDANCE WITH ANNA REQUIREMENTS AND WILL BE LOCATED IN A 10'x10' WATER EASEMENT. 9. ALL PROPOSED PAVING SHALL BE CONCRETE IN ACCORDANCE WITH THE CITY OF ANNA REQUIREMENTS. 10. ALL SCREENING WILL BE PROVIDED IN ACCORDANCE WITH THE CITY OF ANNA REQUIREMENTS. FOUND 9 MV4'27' W NP. O. C. CORMONUMMENT 81.6447 ACRES < UZI ; 4 ENE «I \ S 76.75 2C3„ \�\\ \ �281.- 42.43' - \l,T;205.p -DRAINAGE EASEMENT 42.43' S 37 23'00" E ak L 1 O G� �� 2�EL /LDING LINE G �1 14 '�O� �t) I 3b FIRELAN78 @� I P. O. B. 90 -�' 0 i9 _� 89 I L78 I DRAINAGE EASEMENT / a C3 ID I I / a LI I J jr L 301- 1 L 59�0 7 I L31 L6Q pE U a �a al I I 61I L33 (0 I Y a I Q IL35a a Im N r CHD LEN=� 19.51' I a io 3 J� W I I � O I DRAINAGE 8c (p l() I t DETENTION -1 0 - N _1I5.0 EASEMENT N/ % EASEMENTFOR Ma h HIGHWAY PURPOSE S L138 .3}85 tlPo r� 0 VOL. 655, PG. 449 VAM L13 o DRA ---J5 6 ^ W D. R. C. C. T. /NA E EASE9 L142 L136 U/E 8 6- LIIII I 1M4� �rW1 �tyI��UrN GLL�L5 2}3 1 � 7� 7n4 J �m - aI IINaJ FIRELANE G L1 I � LI1 I �I$ ° L8 D. O/\ VAM L37iL139 LS 01 140 L38o- L700 CO C34 LOT o� OU�L55 391294 SQ. FT aI L711 49.0591Ac. 0� CADHURRICANE L54 83 AC. L72IO0 38.9N CREEK C INSTRUMENT NO. co co onI O 20070201000151610 Q n9 L.R.C.C.T O15.0' 1EJ0 a L78 JLU6 SEWE6I 6 J R � Oz EASEMENT - I 11J D3920ii�III���'Fy II ol I 3 L1 08V L705 CREEK, I VILLAGES OF HURRICANE �� -Y Lilo PHASE 1 202010150100UTIL��L1OC. NO. L112 1 U "� CREEK MEADOWS DRIVE I `nVI\z^ J LANE 2 (� n a I FIR LANE ^ h (50' R.O.W.) I � I I � � DOC. NO. 20201015010003920 I I �L45 L42' U/E�49 L48 L47�¢4 ��45 L44 C32-6 �O I�� , v 6 v G 1 C 2 d I I �'� U/E L12 U/E FIRELANE G 125I l o I I I w I L11 7 C38 C39 36 Z I I 1 I I UTILITY EASEMENT,L� -�_77, L11 /� (0 �L11 L93 C�1 n I L11\\�o-�-/ -gL�92 W J\J OL�E 5 5L97J 25' BUILDING LINE L1 2< UTILITY EASEME__L1916 L9L120 U1 9 0 6 K I I W I� �I IO K ICA 49 DG 1 HURRICANE I II I I CREEK LLC I I I ONE ANNA TWO LTD. INSTRUMENT NO. INSTRUMENT NO. 60070201000151610 II 20070201000151610 L.R.C.C.T +I 11 L.R.C.C.T I I I I I II I ;I II SURVEYOR'S CERTIFICATION S 80'48'39" E 12.54' 39.85' L=19. 1' R= 620.03' CHD BRG=N O '08'05" E L=166.49' R=170.00' CHD BRG=N 69'33'37" CHD LEN=159.92!� II IICALLED 23.914 ACRES ANNA INNVESTMENTS,LLC INSTRUMENT NO II II 20180622000777080 II II 0.P.R.C.C.T I I I I L=231.56' I I R=230.00' II II CHD CHDGLEN 2 1 91' E III _AM� G,\ L134 <, L135 ^j <� 2 �C1,2 e That 1, Douglas W. Underwood, Registered Professional Land Surveyor, do hereby certify that I prepared this plat from an actual and accurate survey of the land and that the corner monuments thereon where properly placed, under my personal supervision, in accordance with the subdivision regulations of Grayson County, Texas. Douglas W. Underwood Date Registered Professional Land Surveyor, No. 4709 L1431/ PERMANENT DRAINAGE EASEMENT-- I\ S . N b. IN U - 190408000365730.;� 0.P.R.C.C.T. I L21 01 I r12 O PERMANENT 20' SANITARY ^N7 i SEWER EASEMENT -o INST. NO. 20180525000644600 Q J U/Ea O. P. R. C. C. T. J 100 0 50 100 200 400 SCALE I" = 100' CERTIFICATE OF APPROVAL APPROVED ON THIS THE DAY OF 2021, BY THE CITY COUNCIL, CITY OF ANNA, TEXAS. MAYOR CITY SECRETARY CURVE TABLE CURVE RADIUS ARC CHORD BEARING CHORD C1 56.00' 79.77' S 48`25'30" W 73.20' C2 56.00' 87.96' N 45`46'01" W 79.20' C3 56.00' 42.96' N 21 `12'32" E 41.91' C4 30.00' 94.23' N 46`47'58" W 60.00' C5 30.00' 24.08' S 67*44'53" E 23.44' C6 30.00' 42.75' N 48`26'38" E 39.23' C7 55.96' 25.37' N 20'37'05" E 25.16' C8 30.00' 37.79' N 03`08'08" W 35.34' C9 30.00' 12.68' N 51 `19'59" W 12.58' CIO 230.00' 33.99' N 55`49'24" E 33.96' C11 1 30.00' 17.91' S 22`07'24" E 17.65' C12 30.00 51.98' S 88`51'42" E 45.72' C13 122.00' 119.48' N 69`33'37" E 114.76' C14 30.00' 1.00' S 83`20'18" E 1.00' C15 30.00' 46.12' S 51`39'42" W 41.71' C16 30.00' 42.73' S 48`25'30" W 39.21' C17 30.00' 47.12' N 45`46'01 " W 42.43' C18 30.00' 22.26' N 20`29'32" E 21.76' C19 54.00' 40.05' N 20`30'06" E 39.14' C20 30.00' 47.12' N 44`15'13" E 42.43' C21 56.00' 79.80' N 48'26'25" E 73.22' C22 30.00' 17.72' N 24`35'09" E 17.46' C23 96.00' 81.99' N 65`58'18" E 79.52' C24 30.00' 50.88' S 40`58'19" E 45.00' C25 30.00' 66.43' S 18`56'54" E 53.67' C26 56.00' 87.96' S 37`23'00" E 79.20' C27 30.00' 47.12' S 37`23'00" E 42.43' C28 30.00' 47.08' S 52`39'21" W 42.40' C29 30.00' 47.12' N 37'23'00" W 42.43' C30 30.00' 1.00' N 83`20'18" W 1.00' C31 30.00' 65.43' N 33`13'36" E 53.21' C32 30.00' 32.91' S 57`48'12" W 31.29' C33 30.00' 46.62' N 45`16'58" W 42.07' C34 30.00' 17.47' N 25`03'51" E 17.23' C35 30.00' 3.58' N 11 `02'22" E 3.58' C36 306.37' 45.24' N 03`26'04" E 45.20' C37 316.31' 20.90' S 01 `05'46" W 20.90' C38 56.00' 4.98' N 86'41'15" E 4.97' C39 310.00' 25.79' S 88`29'38" E 25.78' C40 56.00' 27.63' N 70`00'31 " E 27.35' C41 320.00' 0. 75' S 86`10'41" E 0. 75' C42 316.31' 9.72' N 05`40'50" E 9.72' C43 56.00' 33.41' N 24`42'29" E 32.92' C44 124.99' 55.76' S 54`36'09" W 55.30' C45 30.64' 25.45' N 65`09'14" E 1 24.73' C46 230. 00' 9.36' 1 N 61 `13'22" E 1 9.36' C47 250.00' 10.34' N 50-18'04-- E 1 10.34' LINE TABLE LINE TABLE LINE BEARING DISTANCE LINE BEARING DISTANCE L1 S 07'37'00" W 679.28' L73 S 07`36'43" W 93.19' L2 S 89`13'59" W 273.07' L74 N 82`23'03" W 30.00' L3 N 00`46'01" W 236.65' L75 S 07`36'56" W 19.00' L4 N 00`46'01" W 44.33' L76 S 82`23'03" E 30.00' L5 N 89`15'12" E 141.98' L77 S 07`37'00" W 21.75' L6 N 07`40'05" E 130.19' L78 N 82`23'00" W 192.00' L7 N 39`13'37" W 23.44' L79 N 07`37'00" E 178.01' L8 S 39`13'37" E 0.92' L80 S 82`23'00" E 41.00' L9 N 41 `30'14" E 129.44' L81 N 07`37'00" E 15.00' L10 S 82`23'00" E 75. 75' L82 N 82°23'00" W 41.00' L11 S 07`37'00" W 26.03' L83 N 07`37'00" E 57.46' L12 S 89`13'59" W 273.07' L84 S 82-23'04" E 192.00' L13 N 00`46'01" W 239.57' L85 N 82`23'04" W 180.26' L14 N 89`15'17" E 57.94' L86 N 07`37'00" E 280.86' L15 N 07`40'05" E 130.28' L87 S 37`23'04" E 22.15' L16 N 41 `30'14" E 204.49' L88 S 82`23'07" E 30.21' L17 S 07'37'00" W 678.76' L89 N 07`36'56" E 15.00' L18 S 82`23'00" E 48.00' L90 N 82`23'00" W 24.00' L19 S 07`37'00" W 581.83' L91 N 37`23'04" W 22.14' L20 S 82`23'00" E 16.00' L92 S 07`37'00" W 147.32' L21 S 07`37'00" W 26.00' L93 N 82`23'03" W 30.00' L22 N 82`23'00" W 15.83' L94 S 07`36'56" W 19.00' L23 S 07`41'42" W 120.86' L95 S 82`23'03" E 30.00' L24 S 89'07'38" W 26.29' L96 S 07`37'00" W 3.24' L25 N 07`37'00" E 792.53' L97 S 89`16'22" W 154.22' L26 IN 82`23'00" W 132.00' L98 N 45`44'50" W 41.87' L27 S 82`23'00" E 38.00' L99 N 00`44'50" W 15.40' L28 S 07`37'00" W 70.04' L100 N 07`00'05" E 25.37' L29 N 82`23'04" W 14.14' L101 N 07`37'00" E 37.84' L30 S 07`36'56" W 10.00' L102 N 52`36'56" E 58.14' L31 S 82`23'04" E 14.14' L103 S 82`23'09" E 4.89' L32 S 07`37'00" W 62.19' L104 N 07`36'51" E 15.00' L33 N 82`23'04" W 10.00' L105 N 82`23'09" W 71.11 , L34 S 07'36'56" W 10.00' L106 S 52`36'56" W 49.35' L35 S 82`23'04" E 10.00' L107 N 07`37'00" E 58.89' L36 S 07'37'00" W 237.18' L108 S 82'23'00" E 192.00' L37 N 82`23'04" W II.73' L109 S 07`37'00" W 26.68' L38 S 07`36'56" W 10.00' L110 N 82`23'04" W 110.73' L39 S 82`23'04" E 11-73' L111 S 07`36'56" W 10.00' L40 S 07`37'00" W 279.00' L112 S 82`23'04" E 110.73' L41 N 82`23'04" W 12.22' L113 S 00`44'50" E 19.53' L42 S 07`36'56" W 10.00' L114 S 45`44'50" E 35.58' L43 S 82`23'04" E 10.62' L115 S 89`15'10" W 18.56' L44 S 89`13'59" W 93.32' L116 N 67`07'40" W 167.31' L45 N 00`44'50" W 9.29' L117 N 89`13'59" E 108.02' L46 S 89`15'10" W 19.00' L118 S 86'06'38" E 8.64' L47 S 00`44'50" E 9.30' L119 S 07`37'00" W 24.95' L48 S 89`1357" W 151.25' L120 S 89'07'38" W 139.69' L49 N 00`44'50" W 10.22' L121 N 45`44'50" W 14.64' L50 S 89`15'10" W 10.00' L122 S 89`15'10" W 35.13' L51 S 00`44'50" E 10.22' L123 N 67`18'09" W 206.15' L52 N 00`46'07" W 234.34' L124 N 89`13'59" E 37.41' L53 N 89`15'10" E 10.23' L125 S 86`06'38" E 8.64' L54 N 00`44'50" W 10.00' L126 N 07`41'42" E 48.73' L55 S 89`15,10" W 9.85' L127 N 07`37'00" E 283.47' L56 S 07`37'58" W 52.01' L128 S 82`23'04" E 46.00' L57 N 82`23'04" W 11.73' L129 N 82`23'04" W 46.00' L58 S 07'36'56" W 9.32' L130 N 07`37'01" E 37.95' L59 N 82`23'03" W 18.26' L131 S 18`14'40" E 48.09' L60 S 07"36'56" W 19.00' L132 S 41'30'14" W 124.95' L61 S 82`23'03" E 30.00' L133 N 48`29'46" W 10.02' L 6 2 S 07'37'00" W 179.00' L134 S 41`21'56" W 10.01' L63 N 82`23'03" W 30.00' L135 S 48`38'04" E 9.48' L64 S 07`36'56" W 19.00' L136 N 59`33'39" W 9.99' L65 S 82`23'03" E 18.26' L137 N 30`26'21" E 10.00' L66 S 07`36'56" W 9.68' L138 S 59`33'39" E 10.13' L67 S 82`23'04" E 11.73' L139 S 00`46'01" E 12.42' L68 S 07`32'34" W 7.84' L140 N 44`13'40" E 30.52' L69 S 07`37'15" W 106.53' L141 N 00`46'01 " W 12.42' L70 N 82`23'04" W 11.73' L142 S 45`45'25" E 30.52' L71 S 07`36'56" W 10.00' L143 N 78`02'42" W 18.89' L72 IS 82`23'04" E 1 11.73' L144 S 03`16'13" W 22.99' LEGEND O 1/2" STEEL ROD SET BOUNDARY LINE O 1/2" STEEL ROD FOUND - - PROPERTY LINE VAM VISIBILITY ACCESS MAINTENANCE EASEMENT LINE P.O.C. POINT -OF -COMMENCEMENT P.O.B. POINT -OF -BEGINNING - - BUILDING LINE U/E UTILITY EASEMENT FIRELANE DIE DRAINAGE EASEMENT SURVEYOR DOUGLAS W. UNDERWOOD R. P. L.S. NO. 4709 3404 INTERURBAN ROAD DENISON, TEXAS ENGINEER KIMLEY HORN 400 N. OKLAHOMA DR. SUITE 105 CELINA, TEXAS 75009 TEL: 469-501-2200 OWNERS /DEVELOPER ANNA VILLAGE RESIDENTIAL, LTD ANNA VILLAGE COMMERCIAL, LTD 5712 COLLEYVILL BOULEVARD, SUITE 200 COLLEYVILLE, TEXAS 76034 TEL: 817- 339-1100 CONTACT. NATHAN McCARTNEY DR - PROJECT LOCATION F. M. (NOT TO SCALE) LEGAL DESCRIPTION Situated in the County of Collin, State of Texas, being a part of the W. S. Rattan Survey, Abstract No. 752, and being a part of the some tract of land described as 81.8447 acres conveyed to One Anna Two, Ltd. by deed recorded in Instrument Number 20070201000151610, Land Records, Collin County, Texas, and being more particularly described by metes and bounds as follows: Commencing at the Northeast corner of said 81.8447 acre tract also being in the former West Right -of -Way of U. S. Highway Number 75; Thence South 89'04'10" West a distance of 62.91 feet to a found Aluminum Cap Monument in the current Right -of -Way of U. S. Highway Number 75 as conveyed to the State of Texas in Instrument Number 20150728000932810, Land Records, Collin County, Texas; Thence South 7'37'00" West a distance of 1228.75 feet to the True Point of Beginning; Thence South 07'37'00" West, a distance of 855.78 feet to a set 112" steel rod; Thence South 89'07'38" West, a distance of 237.60 feet to a set 112" steel rod; Thence South 89'13'59" West, a distance of 420.60 feet to a set 112" steel rod; Thence North 00'46'01 " West, a distance of 672.45 feet to a set 112" steel rod; Thence with a curve to the right having a radius of 620.03 feet, (chord bears North 00'08'05" East, 19.51 feet) an arc length of 19.51 feet to a set 112" steel rod; Thence North 50'48'21 " East a distance of 39.85 feet to a set 1 2" steel rod; Thence South 80'48'39" East, a distance of 12.54 feet to a set 112" steel rod; Thence with a curve to the left havinga radius of 230.00 feet chord bears North ( 70'20'47" East, 221.91 feet) an arc length of 231.56 feet to a set 112" steel rod; Thence North 41'30'14" East a distance of 110.79 feet to a set 1 2" steel rod; Thence with a curve to the right having a radius of 170.00 feet, (chord bears North 69'33'37" East, 159.92 feet) an arc length of 166.49 feet to a set 112" steel rod; Thence South 82'23'00" East, a distance of 281.75 feet to a set 112" steel rod; Thence South 37'23'00" East, a distance of 42.43 feet to the Point of Beginning and containing 13.849 acres (603,257 sf. ft.) of land.; OWNERS DEDICATION NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: THAT 1, NATHAN McCARTNEY acting herein by and through it's duly authorized officers, does hereby adopt this plat designating the hereinabove described property as ONE ANNA TWO ADDITION, an addition to the City of Anna, Texas, and does hereby dedicate, in fee simple, to the public use forever, the streets and alleys shown thereon. The streets and alleys are dedicated for street purposes. The easements and public use areas, as shown, are dedicated for the public use forever, for the purposes indicated on this plat. No buildings, fences, trees, shrubs, or other improvements or growths shall be constructed or placed upon, over, or across the easements as shown, except that landscape improvements may be placed in landscape easements, if approved by the City of Anna. In addition, utility easements may also be used for the mutual use and accommodation of all public utilities desiring to use or using the some unless the easement limits the use to particular utilities, said use by public utilities being subordinate to the public's and City of Anna's use thereof. The City of Anna and public utility entities shall have the right to remove and keep removed all or parts of any buildings, fences, trees, shrubs, or other improvements or growths which may in any way endanger or interfere with the construction, maintenance, or efficiency of their respective systems in said easements. The City of Anna and public utility entities shall at all times have the full right of ingress and egress to or from their respective easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, reading meters, and adding to or removing all or parts of their respective systems without the necessity at any time of procuring permission from anyone. WITNESS MY HAND this day of , 2021. NATHAN McCARTNEY STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared NATHAN McCARTNEY, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the some for the purpose and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2021. Notary Public in and for the State of Texas APPROVED FEBRUARY 9, 2021 CITY COUNCIL CITY OF ANNA PRELIMINARY PLAT OF APPROVED FEBRUARY 1, 2021 P&Z COMMISSION CITY OF ANNA ONE ANNA TWO ADDITION LOT 1 AND 2, BLOCK A ANNA, COLLIN COUNTY, TEXAS BEING PART OF THE W.S. RATTAN SURVEY CONTAINING 13.849 GROSS ACRES. THE CITY OF Anna AGENDA ITEM: Item No. 6.1. City Council Agenda Staff Report Meeting Date: 2/9/2021 Staff Contact: Ross Altobelli Approve a Resolution regarding the Anacapri, Phase 1A, 1B, 2, & 3, preliminary plat. (Director of Development Services Ross Altobelli) SUMMARY: It is recommended that the City Council approve a resolution regarding the Anacapri, Phase 1A, 1 B, 2, & 3, preliminary plat. Hayden Moses, Peloton Land Solutions, has submitted an application for approval of a preliminary plat for Anacapri, Phase 1A, 1 B, 2, & 3. 465 single-family residential lots,11 common area lots, two commercial lots, two multiple -family residential lots, and one vacant lot on 161.7± acres located at the northeast and northwest corners of Hackberry Drive and future Ferguson Parkway. Zoned Planned Development-887-2020-Mixed Use. The purpose for the preliminary plat is to propose right-of-way dedication, lot and block boundaries, and easements necessary for the creation of 465 residential lots, 11 common area lots, two commercial lots, two multiple -family residential lots, and one vacant lot. The Planning and Zoning Commission recommended approval. FINANCIAL IMPACT: STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 1: Growing Anna Economy Goal 3: Sustainable Anna Community Through Planned Managed Growth STAFF RECOMMENDATION: Staff recommends approval of this item. ATTACHMENTS: 1. Agenda Map 2. RESOLUTION (PP) Anacapri PH 1A, 1 B, 2, 3. Exhibit A (PP) Anacapri (Streetnames) 4. Exhibit B Public Works Approved Alternative APPROVALS: Lauren Mecke, Planner II Ross Altobelli, Director of Development Services Jim Proce, City Manager E:-4t3 Ferguson Pkwy Alignment Created/Initiated - 2/2/2021 Approved - 2/4/2021 Final Approval - 2/5/2021 E COUNTY ROAD 9 IN I rF ,,O-REST'GLI L_ gill m CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A PRELIMINARY PLAT FOR ANACAPRI, PHASES 1A, 1 B, 2, & 3, 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 Article 9.02 ("Subdivision Regulations") the Anna City Code of Ordinances; and WHEREAS, Hayden Moses, Peloton Land Solutions, has submitted an application for approval of a preliminary plat for Anacapri, Phases 1A, 1 B, 2, & 3; 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 Preliminary Plat The City Council hereby approves the preliminary plat for Anacapri, Phases 1A, 1 B, 2, & 3 attached hereto as Exhibit A. An alternative alignment for Ferguson Parkway as approved by the Director of Public Works is attached hereto as Exhibit B. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 9th day of February 2021. ATTEST: APPROVED: City Secretary, Carrie L. Land Mayor, Nate Pike EXHIBIT A PAGE 1 OF 5 E N W MATCH LINE BASE ZONING ORDINANCE � m � PRELIMINARY PLAT ANACAPRI ANNA, COLLIN COUNTY, TEXAS PD U-1 KEY MAP SCALE: N.T.S. N -m—o—= January 2021 OWNER/DEVELOPER NAME: MEGATEL HOMES, LLC ADDRESS: 2101 CEDAR SPRINGS RD, SUITE 700 CITY, TX ZIP: DALLAS, TEXAS 75201 PHONE: (214) 396-4233 SHEET INDEX SHEET NUMBER SHEET DESCRIPTION 1 COVER SHEET 2 PRELIMINARY PLAT 3 PRELIMINARY PLAT 4 PRELIMINARY PLAT 5 LOT DESCRIPTION APPROVED FEBRUARY 9, 2021 CITY COUNCIL CITY OF ANNA APPROVED FEBRUARY 1, 2021 P&Z COMMISSION CITY OF ANNA P E LOTO N II LAN D SO LUTI O N S ENGINEER PELOTON LAND SOLUTIONS 11000 FRISCO ST., SUITE 400 FRISCO, TEXAS 75033 PHONE #: (469) 213-1800 TBPE FIRM NO. 12207 PLS PROJECT #: MEG20002 12°, - 1 1 GU 4926 SF ' (_ v Q G" 1 y' 5200 IF l A _ 7 aszs IF 120' M \ 12°' 12� 19 6oaoo IF V pp 120 c3 GE 2 OF 5 1201 \ 12°' 36 \' \ 120 \" Q 20 6 \ b b b b b b b b b M I 120' Q 5205 IF 5025 IF 27 \ 61 1 Qp 12 N N 2 N N `3 N N 4 N N 5 N J 4995 SF 20°, 120, 4925 IF 4926 IF 12 °, \ 7 �S1 12° W \ 1%%��° 5200 IF 30 1 ! 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RETAINING WALLS SHALL BE MAINTAINED BY THE OWNER OF THE PROPERTY WHERE SUCH RETAINING WALLS ARE LOCATED. RETAINING WALLS OVER 4' WILL BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. 6. ALL REQUIRED SCREENING WALLS WILL BE OWNED AND MAINTAINED BY THE HOMEOWNERS ASSOCIATION. 7. BOUNDARY SURVEY AND LEGAL DESCRIPTIONS ARE BASED ON SURVEY AND LEGAL DESCRIPTIONS PROVIDED BY MCADAMS ON JANUARY 28, 2021 8. THIS DOCUMENT WAS PREPARED UNDER 22 TAC 663.21, DOES NOT REFLECT THE RESULTS OF AN ON THE GROUND SURVEY, AND IS NOT TO BE USED TO CONVEY OR ESTABLISH INTERESTS IN REAL PROPERTY EXCEPT THOSE RIGHTS AND INTERESTS IMPLIED OR ESTABLISHED BY THE CREATION OR RECONFIGURATION OF THE BOUNDARY OF THE POLITICAL SUBDIVISIO R WHICH IT WA S PREPARED. . ... ..,,u,,,,,'..... APPROVED FEBRUARY 9, 2021 CITY COUNCIL CITY OF ANNA APPROVED FEBRUARY 1, 2021 P&Z COMMISSION CITY OF ANNA I Lannow-� KEY MAP N O N.T.S. H Q J o_ ry Q z J W ry D_ H Q z z I..L U Q z $" CAPPED REBAR FOUND "LIA" S890 14' 43"E 33.88' S01 ° 16' 34"W 36.17' PROPOSED DRAINAGE EASEMENT BEOOMOELD HOMES LP 1) I 1 1 1 1 1 • MATCHLINE SHEET 4 1 1 ROLLINS ROAD EXISTING /VARIABLE ROW) � - - ACCESS EASEMENT ` J - M - - (50R.O.W.) �3 (50' R.O.W� _ L44 L45 (50' R.O.W.) - S _ _ 529' N89° 3 �09"E 8517.45' � p��' 1nI ' 12101 1" PIPE FOUND ROLLINS ROAD N87° 53' 00"E 6 .35� _ _ - Oulf - - -_ - --- _ 100 non _ _ 54' IME IMEno 0120' 8, so sF 120' 56' 54' M 54' 54' 0 54' 54' m 7876 SF \ POINT OF BEGINNING 1 2400 SF 1X 2409 SF F 120' 120' O N � \ 0 4803SF OAKWOOD VILLAGE 120' 120' 120' 7046 sF N In 45 W Co 4760 SF 1 O O © 1 O 1 V V 22 � I 1 I _ 1 M M 120 � � 4800 SF � � 4800 SF �%r% � M 5145 SFM M 5962 SF co _ _ g �1p (0 b `° `° °° � co m `° `° � p APARTMENTS, INC. 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Q 120' I SHELDON DRIVE 2 6362 SF � s0. 4 6496 SF 28 120' � 133' 7619 SF I \ 74341 SF p 1`LO \ cS\ %`\ \ 12� �, 6588 SF 120 \ 141' © g \ 1 6838 SF 31 ,n `n 12 r - - - - - - - - - - T �cp w, 1L0 0/ 0 120 \ s, ` 1A1 -co 120 cn 131' MATCHLINE SHEET 2 3 6372 SF G 12 2 \ V \ 7589 SF 6370 SF a 129' 120' v o © 1 0 �^ \ 5 6496 SF 6588 SF 120' 27 12Q' I` 129' 6644 SF 120' O I 7763 SF Opl to 12� sO 120, i0' 139' 63705F 10 `n I 6589sF LO 10 128' 1 N s 120' °' 1 13g' n a rn I 30 13 55' 128' 6372 SF \ 2 7437 SF 120, I 124' 121' O CA 420' \ \ V 1�jQ, 6496 SFLO 6588 SF '�`Lo' 1 11 1 'i- 26 , 120, - 6131 SF124' 6654 SF 121' O O 1 91 6496 SF L() *SLf) \ �� 120 \ � \ 120' 120 O I 135' � 6370 SF 12 I cn I v 29 `LO � 14 I 129' \ � 56372 SF I 120' 121' b � C� 1.0 20 25 7159 SF 120' Lo 6445 SF � a 12Q � \ 7 sass SF iO 6588 SF 120' \ v 120' K 6049 SF 121' I 1 9' co \ v \ 4,)0, I Ana ���� �G . ! ^l WEST CROSSING PHASE 7 N 0 100, 200' SCALE: 1" = 100' LEGEND � - - � PROPERTY LINE PHASE BOUNDARY LINE 100YR FP 100' YR FLOODPLAIN BOUNDARY NOTES: 1. NO LOTS WILL BE SERVED BY A SEPTIC SYSTEM. 2. ALL CORNER CLIPS TO BE 25'x25'. 3. ALL CURB RADII AT INTERSECTIONS TO BE 20'. 4. ALL REAR YARD BUILDING LINE SETBACKS ARE 20' UNLESS OTHERWISE NOTED. 5. RETAINING WALLS SHALL BE MAINTAINED BY THE OWNER OF THE PROPERTY WHERE SUCH RETAINING WALLS ARE LOCATED. RETAINING WALLS OVER 4' WILL BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. 6. ALL REQUIRED SCREENING WALLS WILL BE OWNED AND MAINTAINED BY THE HOMEOWNERS ASSOCIATION. 7. BOUNDARY SURVEY AND LEGAL DESCRIPTIONS ARE BASED ON SURVEY AND LEGAL DESCRIPTIONS PROVIDED BY MCADAMS ON JANUARY 28, 2021 8. THIS DOCUMENT WAS PREPARED UNDER 22 TAC 663.21, DOES NOT REFLECT THE RESULTS OF AN ON THE GROUND SURVEY, AND IS NOT TO BE USED TO CONVEY OR ESTABLISH INTERESTS IN REAL PROPERTY EXCEPT THOSE RIGHTS AND INTERESTS IMPLIED OR ESTABLISHED BY THE CREATION OR RECONFIGURATION OF THE BOUNDARY OF THE POLITICAL SUBDIVISION�PR WHICH IT WA , S PREPARED. I - APPROVED FEBRUARY 9, 2021 CITY COUNCIL CITY OF ANNA APPROVED FEBRUARY 1, 2021 P&Z COMMISSION CITY OF ANNA KEY MAP O N.T.S. EXHIBIT A -� FUTURE PHASE ANACAPRI - - w A A w r _ �7 =m S890 14' 43"E 33.88' .qnl o 1 R' :iew 3F 17' 1 50 1 m A I M Co4760 SF 1 0 , , R.O.w� L44 ROAD-- C11 L45 (50' R.O_W.) 6' S9° 2. 0' ROLLINS OA— NO( ' 00"E 536 .35- — 0 I CD ©'1 4600 SF 4800 51 M AT C H L I N E SHEET 4 22 11 7046 SF N $" CAPPED REBAR FOUND 1 1 1 1 1 1 1 CK Q2 1 SF RES MILY 1 1 1 1 10 1cl' 00 10 0 O 1U) 1 1 1 1 1 1 $" REBAR FOUND 1 1 1 1 ANNA ISD ANNA HIGH SCHOOL #1 ADDITION VOL 2011 PG 176 ZONED SF-E ACCESS EASEMENT rGAP BETWEEN PROPERTIES POINT OF BEGINNING /rKASAYA HOLDINGS LLC TRACT r— S87° 36' 58"W 472.80' 60' / 1 o 50' R.O.W.) co 2" REBAR FOUND N890 35' 09"E 8517,45' ' 54 54' � 54' 54' 54' 8150 SF 56' 54 N a �a�s sF 45 0 14803 SF ROLLINS ROAD F POINT OF OAKWOOE N 0 100, 200' SCALE: 1" = 100' LEGEND PROPERTY LINE PHASE BOUNDARY LINE 100YR FP 100' YR FLOODPLAIN BOUNDARY NOTES: 1. NO LOTS WILL BE SERVED BY A SEPTIC SYSTEM. 2. ALL CORNER CLIPS TO BE 25'x25'. 3. ALL CURB RADII AT INTERSECTIONS TO BE 20'. 4. ALL REAR YARD BUILDING LINE SETBACKS ARE 20' UNLESS OTHERWISE NOTED. 5. RETAINING WALLS SHALL BE MAINTAINED BY THE OWNER OF THE PROPERTY WHERE SUCH RETAINING WALLS ARE LOCATED. RETAINING WALLS OVER 4' WILL BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. 6. ALL REQUIRED SCREENING WALLS WILL BE OWNED AND MAINTAINED BY THE HOMEOWNERS ASSOCIATION. 7. BOUNDARY SURVEY AND LEGAL DESCRIPTIONS ARE BASED ON SURVEY AND LEGAL DESCRIPTIONS PROVIDED BY MCADAMS ON JANUARY 28, 2021 8. THIS DOCUMENT WAS PREPARED UNDER 22 TAC 663.21, DOES NOT REFLECT THE RESULTS OF AN ON THE GROUND SURVEY, AND IS NOT TO BE USED TO CONVEY OR ESTABLISH INTERESTS IN REAL PROPERTY EXCEPT THOSE RIGHTS AND INTERESTS IMPLIED OR ESTABLISHED BY THE CREATION OR RECONFIGURATION OF THE BOUNDARY OF THE POLITICAL SUBDIVISIO F(LR WHO IT AS PREPARED. I —� �l PHASE APPROVED FEBRUARY 9, 2021 CITY COUNCIL CITY OF ANNA APPROVED FEBRUARY 1, 2021 P&Z COMMISSION CITY OF ANNA KEY MAP O N.T.S. EXHIBIT A PAGE 50F5 OWNER'S DEDICATION NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: ��1_1 � T: ���T:7 I i � [�P► 0.7_��e\'/_\ : [�] � �71► [�i � �� � te[� THAT KASAYA HOLDINGS LLC, BEING THE SOLE OWNER DOES HEREBY ADOPT THIS PLAT DESIGNATING THE HEREIN ABOVE. DESCRIBED REAL PROPERTY AS ANACAPRI, AN ADDITION TO THE CITY OF ANNA, COLLIN COUNTY, TEXAS AND WE DO HEREBY DEDICATE, IN FEE SIMPLE, TO THE PUBLIC USE FOREVER, THE STREETS SHOWN THEREON. THE STREETS ARE DEDICATED FOR STREET PURPOSES. THE EASEMENTS AND PUBLIC USE AREAS, AS SHOWN, ARE DEDICATED FOR THE PUBLIC USE FOREVER, FOR THE PURPOSES INDICATED ON THIS PLAT. IN ADDITION, UTILITY EASEMENTS MAY ALSO BE USED FOR THE MUTUAL USE AND ACCOMMODATION OF ALL PUBLIC UTILITIES DESIRING TO USE OR USING THE SAME UNLESS THE EASEMENT LIMITS THE USE TO PARTICULAR UTILITIES, SAID USE BY PUBLIC UTILITIES BEING SUBORDINATE TO THE PUBLIC'S AND CITY OF ANNA'S USE THEREOF. THE CITY OF ANNA AND PUBLIC UTILITY ENTITIES SHALL HAVE THE RIGHT TO REMOVE AND KEEP REMOVED ALL OR PARTS OF ANY BUILDINGS, FENCES, TREES, SHRUBS, OR OTHER IMPROVEMENTS OR GROWTHS WHICH IN ANY WAY ENDANGER OR INTERFERE WITH THE CONSTRUCTION, MAINTENANCE, OR EFFICIENCY OF THEIR RESPECTIVE SYSTEMS IN SAID EASEMENTS. THE CITY OF ANNA AND PUBLIC UTILITY ENTITIES SHALL AT ALL TIMES HAVE THE FULL RIGHT OF INGRESS AND EGRESS TO OR FROM THEIR RESPECTIVE EASEMENTS FOR THE PURPOSE OF CONSTRUCTING, RECONSTRUCTING, INSPECTING, PATROLLING, MAINTAINING, READING METERS, AND ADDING TO OR REMOVING ALL OR PARTS OF THEIR RESPECTIVE SYSTEMS WITHOUT THE NECESSITY AT ANY TIME OF PROCURING PERMISSION FROM ANYONE. BY: KASAYA HOLDINGS LLC BY: STATE OF TEXAS COUNTY OF BEFORE ME, THE UNDERSIGNED AUTHORITY, A NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS, ON THIS DAY PERSONALLY APPEARED , KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED, AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF 12021. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS PRINTED NAME MY COMMISSION EXPIRES: OWNER'S DEDICATION NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: THAT OAKWOOD VILLAGE APARTMENTS, INC. BEING THE SOLE OWNER DOES HEREBY ADOPT THIS PLAT DESIGNATING THE HEREIN ABOVE. DESCRIBED REAL PROPERTY AS ANACAPRI, AN ADDITION TO THE CITY OF ANNA, COLLIN COUNTY, TEXAS AND WE DO HEREBY DEDICATE, IN FEE SIMPLE, TO THE PUBLIC USE FOREVER, THE STREETS SHOWN THEREON. THE STREETS ARE DEDICATED FOR STREET PURPOSES. THE EASEMENTS AND PUBLIC USE AREAS, AS SHOWN, ARE DEDICATED FOR THE PUBLIC USE FOREVER, FOR THE PURPOSES INDICATED ON THIS PLAT. IN ADDITION, UTILITY EASEMENTS MAY ALSO BE USED FOR THE MUTUAL USE AND ACCOMMODATION OF ALL PUBLIC UTILITIES DESIRING TO USE OR USING THE SAME UNLESS THE EASEMENT LIMITS THE USE TO PARTICULAR UTILITIES, SAID USE BY PUBLIC UTILITIES BEING SUBORDINATE TO THE PUBLIC'S AND CITY OF ANNA'S USE THEREOF. THE CITY OF ANNA AND PUBLIC UTILITY ENTITIES SHALL HAVE THE RIGHT TO REMOVE AND KEEP REMOVED ALL OR PARTS OF ANY BUILDINGS, FENCES, TREES, SHRUBS, OR OTHER IMPROVEMENTS OR GROWTHS WHICH IN ANY WAY ENDANGER OR INTERFERE WITH THE CONSTRUCTION, MAINTENANCE, OR EFFICIENCY OF THEIR RESPECTIVE SYSTEMS IN SAID EASEMENTS. THE CITY OF ANNA AND PUBLIC UTILITY ENTITIES SHALL AT ALL TIMES HAVE THE FULL RIGHT OF INGRESS AND EGRESS TO OR FROM THEIR RESPECTIVE EASEMENTS FOR THE PURPOSE OF CONSTRUCTING, RECONSTRUCTING, INSPECTING, PATROLLING, MAINTAINING, READING METERS, AND ADDING TO OR REMOVING ALL OR PARTS OF THEIR RESPECTIVE SYSTEMS WITHOUT THE NECESSITY AT ANY TIME OF PROCURING PERMISSION FROM ANYONE. BY: OAKWOOD VILLAGE APARTMENTS, INC. BY: STATE OF TEXAS COUNTY OF BEFORE ME, THE UNDERSIGNED AUTHORITY, A NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS, ON THIS DAY PERSONALLY APPEARED , KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED, AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF 2021. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS PRINTED NAME MY COMMISSION EXPIRES: BEING all that certain lot, tract or parcel of land, situated in the M. Moore Survey, Abstract Number 649, and the F. Daffau Survey, Abstract Number 288, Collin County, Texas, and being part of that certain called 59.534 acre tract of land, described in deed to Jonic Investments, LLC, recorded in Instrument Number 2050605000666010, Official Public Records, Collin County, Texas, and being part of that certain called 61.994 acre tract of land, described as Tract Three, in deed to Sportsman Limited Partnership, recorded in Volume 4339, Page 2466, Deed Records, Collin County, Texas, and being more particularly described as follows; BEGINNING at a 1/2" rebar found at the southeast corner of said Jonic Investments tract, and being the southwest corner of that certain right-of-way dedication, as shown on plat of Anna High School Addition, an addition to the City of Anna, according to the plat thereof, recorded in Instrument Number 2011-177, Plat Records, Collin County, Texas, and being on the north line of that certain tract of land, described in deed to Rebecca Welch, recorded in Volume R, Page 560, Deed Records, Collin County, Texas and being in County Road 370; THENCE S 87°36'58" W, with the south line of said Jonic Investments tract, a distance of 305.65 feet, to a PK nail set with washer stamped "McAdams" at the southeast corner of that certain called 2.460 acre tract of land, described in deed to the City of Anna, recorded in Volume 4792, Page 2386, Deed Records, Collin County, Texas and being in County Road 370; THENCE N 00°44'21" E, with a south line of said Jonic Investments tract, and the east line of said 2.460 acre tract, passing at 30.16 feet a 5/8" rebar found, continuing with the common line thereof, a total distance of 350.00 feet to a Railroad Spike found at the northeast corner thereof; THENCE N 89°16'53" W, with a south line of said Jonic Investments tract, and the north line of said 2.460 acre tract, a distance of 299.87 feet to a 5/8" rebar found at the northwest corner thereof; THENCE S 00°42'46" W, with a south line of said Jonic Investments tract, and the west line of said 2.460 acre tract, passing at 332.31 feet a 5/8" rebar found, continuing with the common line thereof, a total distance of 365.59 feet to a 5/8" rebar found at the southwest corner thereof, and being in County Road 370, and the being on the north line of that certain tract of land, described in deed to Oakwood Village Apartments, recorded in Instrument Number 20171201001594200, Official Public Records, Collin County, Texas, and the north line of that certain called 51.195 acre tract of land, described in deed to Two-J Partners, recorded in Instrument Number 20080509000562500, Official Public Records, Collin County, Texas; THENCE S 87°53'54" W, with the south line of said Jonic Investments tract, and the north line of said Oakwood Village Apartments tract, a distance of 680.35 feet to a 5/8" rebar found at the southwest corner of said Jonic Investments tract; THENCE N 01 °16'34" E, with the west line of said Jonic Investments tract, passing at a distance of 36.17 feet a 1" rebar found at a northerly corner of said Oakwood Village Apartments tract, being the southeast corner of a tract of land, described in deed to QJR Partnership, Ltd, recorded in Volume 5106, Page 2380, Deed Records, Collin County, Texas, continuing with the east line thereof, a total distance of 1825.99 feet to a 1/2" capped rebar set stamped "McAdams"; THENCE S 89°11'38" E, a distance of 1266.20 feet to a 1/2" capped rebar set stamped "McAdams" in the east line of said Jonic Investments tract, and being in the west line of Lot 1, Block 1, of said Anna High School Addition, from which a 5/8" capped rebar found at the northwest corner thereof bears N 00'42'11" E, a distance of 60.04 feet, and from which a Bois D'Arc tree at the northeast corner of said Jonic Investments tract, bears N 00'42'11" E, a distance of 348.15 feet; THENCE S 00°42'11" W, with the east line of said Jonic Investments tract, and the west line of said Lot 1, passing at a distance of 1728.22 feet a 5/8" capped rebar found at the southwest corner thereof, being the northwest corner of said right-of-way dedication, continuing with the west line thereof, a total distance of 1758.36 feet to the POINT BEGINNING and containing approximately 50.021 acres of land. LEGAL DESCRIPTION - OAKWOOD VILLAGE APARTMENTS, INC. TRACT BEING all that certain lot, tract, or parcel of land, situated in the F. Daffau Survey, Abstract Number 288, Collin County, Texas, and being all that certain called 111.666 acre tract of land, described in deed to Oakwood Village Apartments, recorded in Instrument Number 20171201001594200, Official Public Records, Collin County, Texas, and being all of that certain 60.549 acre tract of land, described in deed to Two-J Partners, recorded in Instrument Number 20080509000562490, Official Public Records, Collin County, Texas, and being all of that certain called 51.195 acre tract of land described in deed to Two-J Partners, recorded in Instrument Number 20080509000562500, Official Public Records, Collin County, Texas, and being part of that certain tract of land, described in partition deed between Samuel A. Welch and F.H. Sherley, recorded in Volume 253, Page 17, Deed Records, Collin County, Texas, and being part of that certain tract of land, described in deed to Rebecca Welch, recorded in Volume R, Page 560, Deed Records, Collin County, Texas, and being more particularly described as follows: BEGINNING at a 1" pipe found at the northeast corner of said 60.549 acre tract, being the approximate northeast corner of said Daffau Survey, being the northwest corner of that certain tract of land, described in deed to Jose Facundo and wife, Josefina O. Facundo, recorded in Volume 4625, Page 759, Deed Records, Collin County, Texas, and being on the south line of County Road 370, and the south line of a variable width right-of-way dedication, as dedicated by plat of Anna High School Addition, an addition to the City of Anna, according to the plat thereof, recorded in Instrument Number 2011-177, Plat Records, Collin County, Texas; THENCE S 00°31'10" W, with the east line of said 111.666 acre tract, and the west line of said Facundo tract, a distance of 246.52 feet to a 3/8" rebar found at the southwest corner thereof, and being the northwest corner of West Crossing Phase 9, an addition to the City of Anna, according to the plat thereof, recorded in Instrument Number 2020-243, Plat Records, Collin County, Texas; THENCE S 00°27'59" W, with the east line of said 111.666 acre tract, and the west line of said West Crossing Phase 9, passing the southwest corner thereof, and being the northwest corner of West Crossing Phase 7, an addition to the City of Anna, according to the plat thereof, recorded in Instrument Number 2018-609, Plat Records, Collin County, Texas, continuing with the west line thereof, a total distance of 1574.05 feet to a 1/2" capped rebar set stamped "McAdams" at the southwest corner thereof, and being the northwest corner of West Crossing Phase 5, an addition to the City of Anna, according to the plat thereof, recorded in Instrument Number 2016-554, Plat Records, Collin County, Texas; THENCE S 00°24'48" W, with the east line of said 111.666 acre tract, and the west line of said West Crossing Phase 5, a distance of 868.25 feet to a 1/2" capped rebar found stamped "JBI" at the southeast corner of the aforementioned 111.666 acre tract, and being the southwest corner of a 40' right-of-way dedication, as shown on said West Crossing Phase 5, and being on the north line of Hackberry Drive as dedicated by plat of Avery Pointe Phase 1, an addition to the City of Anna, according to the plat thereof, recorded in Instrument Number 2016-454, Plat Records, Collin County, Texas; THENCE N 89°08'24" W, with the south line of said 111.666 acre tract, and the north line of said Hackberry Drive, a distance of 988.77 feet to a 1/2" capped rebar found stamped "JBI" at the common south corner of said Two-J Partners tracts of land; THENCE N 89°49'44" W, with the south line of said 111.666 acre tract, and the north line of said Hackberry Drive, passing the north west corner thereof, and continuing with the north line of that certain called 114.608 acre tract of land, described in deed to Anna 455 Residential, L.P, recorded in Instrument Number 20070403000444410, Official Public Records, Collin County, Texas, a total distance of 851.69 feet to a point, being the southwest corner of said 111.666 acre tract, and the southeast corner of that certain tract of land, described in deed to QJR Partnership, Ltd, recorded in Volume 5106, Page 2380, Deed Records, Collin County, Texas, from which a 1/2" rebar found disturbed bears S 56°31' E, 0.5 feet; THENCE N 00°33'36" E, with the west line of said 111.666 acre tract, and the east line of said QJR Partnership tract, a distance of 2640.00 feet to a 5/8" capped rebar found stamped "LJA" at the northeast corner thereof, being the northwest corner of said 111.666 acre tract, and being on the south line of QJR Partnership tract; THENCE S 89°14'43" E, with the north line of said 111.666 acre tract, and the south line of said QJR Partnership tract, a distance of 33.88 feet to a 1" rebar found, and being on the west line of that certain called 59.534 acre tract of land, described in deed to Jonic Investments, recorded in Instrument Number 20150605000666010, Official Public Records, Collin County, Texas; THENCE S 01 °16'34" W, with the north line of said 111.666 and the west line of said Jonic Investments tract, a distance of 36.17 feet to a 5/8" rebar found on the south line of said County Road 370; THENCE N 87°53'54" E, with the north line of said 111.666 acre tract, and the south line of said Jonic Investments tract, passing at a distance of 680.35 feet, a 5/8" rebar found in said County Road 370, being the southwest corner of that certain called 2.460 acre tract of land, described in deed to the City of Anna, recorded in Volume 4792, Page 2386, Deed Records, Collin County, Texas, continuing with the south line thereof, a total distance of 813.32 feet to a 5/8" rebar found in said County Road 370, from which a 5/8" rebar found for witness bears S 00°26' E, a distance of 30.0 feet; THENCE N 87°36'59" E with the south line of said City of Anna Tract, passing at 167.15 feet the southeast corner thereof, continuing with the south line of said Jonic Investments tract, a total distance of 472.80 feet to a 1/2" rebar found at the southeast corner thereof, being the southwest corner of said right-of-way dedication shown on Anna High School Addition; THENCE N 89°35'09" E, with the north line of said Welch tract, and the south line of said right-of-way dedication, a distance of 517.45 feet to the POINT OF BEGINNING and containing approximately 111.902 acres of land SHEET 2 LINE TABLE LINE LENGTH BEARING L1 203.83' S00° 51' 06"W L2 290.00' S00° 51' 06"W L3 213.86' S00° 51' 06"W L4 100.82' S31 ° 57' 15"E L5 629.98' S890 08' 25"E L6 290.00' S890 08' 25"E L7 290.02' S890 08' 25"E L8 340.00' S890 08' 25"E L9 25.00' N89° 08' 54"W L10 385.27' S00° 51' 06"W L11 213.82' S00° 51' 06"W L12 108.37' S31 ° 57' 15"E L13 357.93' S00° 51' 35"W L14 237.64' S31 ° 55' 01 "E L15 290.00' S00° 51' 35"W L17 158.54' N90° 00' 00"E L46 398.77' N00° 00' 00"E SHEET 3 LINE TABLE LINE LENGTH BEARING L38 290.00' S00o 28' 27"W L39 217.54' N89° 31' 33"W L40 508.72' N890 30' 54"W L41 145.00' N89° 13' 58"W L42 506.59' S89° 31' 33"E SHEET 2 SHEET 3 LINE TABLE LINE LENGTH BEARING L18 291.11' S590 32' 10"W L19 290.10' S590 32' 10"W L20 290.25' S590 32' 10"W L21 339.96' S590 32' 10"W L22 87.57' S00° 28' 27"W L23 315.11' S31 ° 57' 15"E L24 226.07' S31 ° 47' 09"E L25 289.91' S00° 53' 45"W L26 184.02' S00° 53' 45"W L27 212.40' S31 ° 55' 01 "E L28 529.57' S00° 52' 14"W L29 167.57' S31 ° 57' 15"E L30 515.00' S00° 52' 33"W L31 173.89' S31 ° 57' 15"E L32 515.00' S00° 53' 45"W L33 290.03' S89° 06' 15"E L34 290.06' S89° 06' 15"E L35 183.42' S00° 28' 27"W L36 167.85' S00° 28' 27"W L37 290.00' S00° 28' 27"W SHEET 4 LINE TABLE LINE LENGTH BEARING L43 245.00' S890 06' 15"E L44 290.00, S890 06' 15"E L45 85.75' N87o 38' 54"E L47 2326.33' N00° 53' 45"E L48 181.40' N 160 40' 16"W L49 101.77' N00o 28' 00"W CURVE TABLE CURVE DELTA RADIUS TANGENT LENGTH CHORD BEARING C1 0320 48' 21" 1000.00' 294.37' 572.57' 564.78' S150 33' 05"E C2 0320 48' 21" 710.00' 209.00' 406.53' 401.00' S150 33' 05"E C3 0320 48' 50" 800.00' 235.56' 458.17' 451.93' S150 32' 50"E C5 0260 51' 50" 802.17' 191.58' 376.11' 372.68' S190 27' 24"E C12 0310 47' 44" 1204.85' 343.16' 668.62' 660.07' N150 55' 43"W SHEET 3 CURVE TABLE CURVE DELTA RADIUS TANGENT LENGTH CHORD BEARING C6 0310 13' 08" 601.44' 168.03' 327.71' 323.67' S130 37' 51 "E C7 0300 08' 58" 940.00' 253.19' 494.64' 488.95' S150 27' 08"E C8 0320 30' 09" 1230.79' 358.77' 698.19' 688.87' S160 19' 57"E C9 0320 01' 27" 1521.85' 436.73' 850.60' 839.58' S150 55' 56"E C10 0270 20' 34" 350.00' 85.14' 167.03' 165.45' S760 48' 09"W C11 0030 47' 47" 756.96' 25.09' 50.16' 50.15' N890 47' 41 "E C13 0270 23' 56" 1000.00' 243.76' 478.20' 473.66' N160 45' 52"W SHEET 4 CURVE TABLE CURVE DELTA RADIUS TANGENT LENGTH CHORD BEARING C16 017' 34' 01" 600.00' 92.71' 183.96' 183.24' N07° 53' 16"W C17 016' 12' 16" 600.00' 85.42' 169.69' 169.13' N08' 34' 08"W 110 PROJECT, LOCATION APPROVED FEBRUARY 9, 2021 CITY COUNCIL CITY OF ANNA APPROVED FEBRUARY 1, 2021 P&Z COMMISSION CITY OF ANNA A PRELIMINARY PLAT FOR ANACAPRI 0 11 10011111 CONTAINING LOTS 1-36, BLK A; LOTS 1-22, BLK B; LOTS 1-42, BLK C; LOTS 1-22, BLK D; LOTS 1-45, BLK E; LOTS 1-25, BLK F; LOTS 1-10, BLK G; LOTS 1-15, BLK H; LOTS 1-12, BLK J; LOTS 1-41, BLK K; LOTS 1-34, BLK L; LOTS 1-27, BLK M; LOTS 1-183 BLK N; LOTS 1-29, BLK P; LOTS 1-163 BLK R; LOTS 1-16, BLK S; LOTS 1-22, BLK U; LOTS 1-33, BLK V; 11 X-LOTS; 4 MF LOTS. FOR A TOTAL OF 465 RESIDENTIAL LOTS, 11 OPEN SPACE LOTS, AND 4 MF LOTS. 161.60 ACRES ZONED C-1 RESTRICTED COMMERCIAL, MF-2 MULTIPLE -FAMILY RESIDENTIAL - HIGH DENSITY, SF-60 SINGLE-FAMILY RESIDENCE DISTRICT, & SD-Z SINGLE-FAMILY RESIDENCE DISTRICT - ZERO LOT LINE HOMES ANNA, COLLIN COUNTY, TEXAS OWNER / DEVELOPER PLANNER / ENGINEER / SURVEYOR NAME: L HOMES, LLC o o ADDRESS: SS: 210 2101 CEDAR SPRINGS RD, SUITE 700o PELOTION DALLAS, TEXAS 752010 � PHONE: (214) 396-4233 I I I I I LAN D SO LUTIONS CONTACT: MATT HOOD EMAIL: MATT.HOOD@MEGATELHOMES.COM TEXAS REGISTRATION ENGINEERING FIRM N0. 12207 11000 FRISCO STREET, SUITE 400, FRISCO, TEXAS 75033 FRISCO OFFICE PHONE: (469) 213-1800 DATE: JANUARY 2021 DESIGNED: THM SHEET PELOTON PROJECT #: MEG20002 DRAWN: THM 5 of 5 REVIEWER: RJS EXHIBIT B: PUBLIC WORKS APPROVED POTENTIAL ALTERNATIVE ALIGNMENT FOR FERGUSON PARKWAY 2 J 00.000 •i00.00 %* 19.000.0 ••000• 1 O�p.O♦ ..•O%p.O 04.040 •: 00.00 I.p.O�p. •.p.O�pyy 1 •000.0 ••o00•Q .11o11 �: 00.06•� 00.00♦f 1 p.O�p!`••.p.O�p 1 •000.0(9 :••000•� . .p.o.p•o.p.e b o•ooa••. 00•001 w .o.p.c••.p,o.p 000•oc••: •000•� bo9•oo0••: •o•ool •ro•000• oo•� :..o.p.o p.o �o?•�oeo•oo ••001 I.p: ••.p♦o.p: 9.p �1•?• O.000.4 O•� bo9� oo•o4c••oo1 ►p.o p.o.p:o.p �•oo •000•oo Soo•o •a•000•ool �•000•�000.00?• � rO�p.O p.0♦{. �00.000.000• d' 1 p.O�p.4. p.0•.� Ferguson Parkway oo•000•9oo•oa1 Alternate Alignment 1p�°�°.4•.°�°�° t•000•oo •000•! \ o.p.o.p.o.p.al if Gas Main is not +e°•°°°••>9a.°e1 Ip,e.p.9•. .a.p t•000.00•:990•' 'aa.aaa.aa ..ae1 relocated o.p.o.p 9.p I oo•000•c 90•1 'o.p.o.p.a%>.ol 100.000.00•>•001 Ip♦o.p. o.p: ♦p I 1•000•000•c• o•� � o.p.o.p.o•...01 loo•000•oo?••001 U lo•o.p.o.p: .p 1.000.000.000•� O�p.O�p.O:p 01 bo•000•000• •:1 1•000•000•oa :• 4�p.O�p.O�p 41 FERGUSON ALIGNMENT SHOWN REQUIRES THAT THE:• o • o 0 0 • o 0 0 • 01 b.O�p.O�p.O OI EXISTING GAS MAIN BE RE-ROUTED OUTSIDE THE 1•000O•000•00 O�p.�p.O�p 01 ROW. IF IT IS DETERMINED THAT RELOCATING THIS bo•000•000• of GAS MAIN IS NOT PRACTICAL, FERGUSON PARKWAY 000•000•oo �%p.O%p.O%p WILL BE SHIFTED OUTSIDE THE EASEMENT TO THE OI bo•000•000• of 1 ..o.p.o.p.0 01 WEST. 1 00•000•000•• _. .o.p.o.pyyol �i0• 0a•000.001 � p.0♦ .O�p:0�01 I z rr000• a4•aa w f0.004• ao•001 In w �IO�p10♦ .O p 000.000• 00•! a 40.000.000• 01 1 O Z ++000•000.000•• v_7 i0.000.000• 01 w 000.000.00IO•! fo•000•040•001 rr000•000•oolo•! 3�p.O�p.O�p.01 40•000•000•ao +000.000.0 4 O�O 60�04j • 9 1 1 000•ooly•o Io•000 o•Ooq I.o.p. .p: .p,• r000• o•o o•ea I b•O 9•*00.I004 �O :o.p.q.p Or I ••>oo•Ooo• o0 oo•000 0 o•oe� ♦ p.o.p. .o,p 000•o o•000•et 1 00.00 %p ♦000• 000.000••;� �p.O�p.O•.1 O.000.OIO•>, 14%p00 p.O�p.O�p:•. �•00 000.00 •:� �%p.O%p O♦ O•...� I 000.000• 4•: •>� o. .o.p.o p:•,� •e.o.p.o,p a•�. .:a •e o•000• a•: •>01 . 4 �• 000.00 :•�•O•C �p.O�p 4••�.:0•1 f 0•000.0•{¢•.aa 00•� S 400.000 •� •O.O' 1 %p.O�p.O.1't.:0�1 100.000• ¢<••4001 �1•'000•00 1!-•.p.o% :•o•O!I •.,0.1 I QJR PARTNERSHIP LTD INST # 20020214000237330 ZONED PD—R IIIIIIIIIIIIII■ - IL S89° 14' 43"E 33.88' .qnl ° 1 R' m,w ';R 17' 1 2" CAPPED REBAR — — — — LOT 1 BLOCK Q2 133068 SF 3.07 ACRES COMMERCIAL 50' GAS EASEMENT SIDEWALK ACCESS EASEMENT BY THIS PLAT FUTURE PHASE ANACAPRI - - - OINC INVESTME IN T # 20150605 ZONED A — — m� LOT 3 BLOCK Q2 708668 SF 16.27 ACRES AMENITY LOT 4 BLOCK Q2 \ 424032 SF 9.73 ACRES MULTI -FAMILY 8" REBAR FOUND 8" CAPPED REBAR FOUND N89° 11' 38"W 1266.20' 1 1 1 1 1 1 1 LOT 2 BLOCK Q2 1 797867 SF 18.32 ACRES MULTI -FAMILY 1 1 1 1 10 100 LO N 10 0 CD 1Cl) 1 1 1 1 1 1 8" REBAR FOUND SEE SEE - -- N89° 16' 53"W 299.87' 1 1 1 1 CITY OF ANNA 16, INST # 20001109001237290 01 1 ZONED AG o LO c 1 M ANNA ISD ANNA HIGH SCHOOL #1 ADDITION VOL 2011 PG 176 ZONED SF-E w ACCESS EASEMENT $" REBAR FOUND N IN 1 GAP BETWEEN PROPERTIES POINT OF BEGINNING ° KASAYA HOLDINGS LLC TRACT o o S87° 36' 58"W 472.80' 1" REBAR FOUND S87° 53' 54"W 813.32' 1 PK NAIL SET WITH WASHER 1 STAMPED "MCADAMS" z 2" REBAR FOUND $" REBAR FOUND S89° 32' 26.00"E 336.55' — — 60' 1 — - — — — — — — (50' R.O.W.) M- L43(50 R.o.W� - _ L44 L45 (50, R.O.W.) �y� R S - 52s' N89° 35' 09"E 8517.45' C11 — 6' Jam" 2. 0' d� 2101 SF ROLLINS ROAD N87° 53, 00"E 35� _ — Oulf — 54—� INNER— 56' 4' 54' 54' � 54' _ I N v 7876 SF 1 A v z o o TCHLINE SHEET 4 120' '0 1 7046SF� 45 v (:D Q 4803SF 1 M M 4760 SF O I 1 4800 SF M A -I 5962 SF 22 co I I I I I I I _ - - - - - - �+ _ 4800 SF cr I I I ry9 I U') . ,.,.. 1 _ � C ;_ .., 7 T O � E PROJECT, LOCATION 1 N 0 100, 200' SCALE: 1" = 100' long LEGEND 000000000E — — PROPERTY LINE PHASE BOUNDARY LINE 100YR FP 100' YR FLOODPLAIN BOUNDARY NOTES: 1. NO LOTS WILL BE SERVED BY A SEPTIC SYSTEM. 2. ALL CORNER CLIPS TO BE 25'x25'. 3. ALL CURB RADII AT INTERSECTIONS TO BE 20'. 4. ALL REAR YARD BUILDING LINE SETBACKS ARE 20' UNLESS OTHERWISE NOTED. 5. RETAINING WALLS SHALL BE MAINTAINED BY THE OWNER OF THE PROPERTY WHERE SUCH RETAINING WALLS ARE LOCATED. RETAINING WALLS OVER 4' WILL BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. 6. ALL REQUIRED SCREENING WALLS WILL BE OWNED AND MAINTAINED BY THE HOMEOWNERS ASSOCIATION. 7. BOUNDARY SURVEY AND LEGAL DESCRIPTIONS ARE BASED ON SURVEY AND LEGAL DESCRIPTIONS PROVIDED BY MCADAMS ON JANUARY 28, 2021 8, THIS DOCUMENT WAS PREPARED UNDER 22 TAC 663.21, DOES NOT REFLECT THE RESULTS OF AN ON THE GROUND SURVEY, AND IS NOT TO BE USED TO CONVEY OR ESTABLISH INTERESTS IN REAL PROPERTY EXCEPT THOSE RIGHTS AND INTERESTS IMPLIED OR ESTABLISHED BY THE CREATION OR RECONFIGURATION OF THE BOUNDARY OF THE POLITICAL SUBDIVISION, FOR WHO IT AS PREPARED. jI 'HASE 3 I . I APPROVED FEBRUARY 9, 2021 CITY COUNCIL CITY OF ANNA APPROVED FEBRUARY 1, 2021 P&Z COMMISSION CITY OF ANNA KEY MAP O N.T.S. A PRELIMINARY PLAT FOR ANACAPRI CONTAINING LOTS 1-36, BILK A; LOTS 1-22, BILK B; LOTS 1-42, BILK C; LOTS 1-22, BILK D; LOTS 1-45, BILK E; LOTS 1-25, BILK F; LOTS 1-10, BILK G; LOTS 1-15, BILK H; LOTS 1-12, BILK J; LOTS 1-41, BILK K; LOTS 1-34, BILK L; LOTS 1-27, BILK M; LOTS 1-18, BILK N; LOTS 1-29, BILK P; LOTS 1-16, BILK R; LOTS 1-16, BILK S; LOTS 1-22, BILK U; LOTS 1-33, BILK V; 11 X-LOTS; 4 MF LOTS. FOR A TOTAL OF 465 RESIDENTIAL LOTS, 11 OPEN SPACE LOTS, AND 4 MF LOTS. 161.60 ACRES ZONED C-1 RESTRICTED COMMERCIAL, MF-2 MULTIPLE -FAMILY RESIDENTIAL - HIGH DENSITY, SF-60 SINGLE-FAMILY RESIDENCE DISTRICT, & SD-Z SINGLE-FAMILY RESIDENCE DISTRICT - ZERO LOT LINE HOMES ANNA, COLLIN COUNTY, TEXAS OWNER / DEVELOPER PLANNER / ENGINEER / SURVEYOR NAME: SS: 210 L HOMES, LLC o o ROLLINS ROAC ADDRESS: 2101 CEDAR SPRINGS RD, SUITE 700o PELOTON DALLAS, TEXAS 75201� — PHONE: (214) 396-4233 I I I I I LAN D SO LUTIONS CONTACT: MATT HOOD EMAIL: MATT.HOOD@MEGATELHOMES.COM TEXAS REGISTRATION ENGINEERING FIRM NO.12207 POINT O F I 11000 FRISCO STREET, SUITE 400, FRISCO, TEXAS 75033 O FRISCO OFFICE PHONE: (469) 213-1800 OAKWOOC DATE: JANUARY 2021 DESIGNED: THM SHEET PELOTON PROJECT #: MEG20002 DRAWN: THM REVIEWER: RJS 4 of 5 THE CITY OF Anna AGENDA ITEM: Item No. 6.m. City Council Agenda Staff Report Meeting Date: 2/9/2021 Staff Contact: Greg Peters Approve a Resolution of the City of Anna, Texas approving and authorizing the City Manager to execute an Advance Funding Agreement for Surface Transportation Block Grant (STBG) program project off -system between the City of Anna and the Texas Department of Transportation for the Preliminary Engineering for the reconstruction and widening of Ferguson Parkway from Elm Street to the Collin County Outer Loop. (Director of Public Works Greg Peters, P.E.) SUMMARY: This item is for the Council to re -affirm and approve the revised Advanced Funding Agreement with TxDOT for the design of Ferguson Parkway. The revised agreement does not change the project scope or the alignment agreed to by and between the City of Anna and the adjacent landowners near the Collin County Outer Loop and Ferguson Parkway. FINANCIAL IMPACT: The agreement identifies $268,120 in funding required from the City of Anna, $59,807 in funding from TxDOT, and $1,072,481 in funding from the Federal Government. In addition, the agreement identifies $3,485 due to TxDOT from the City of Anna for TxDOT review and management. The City funding will come from Roadway Impact Fees. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 3: Sustainable Anna Community Through Planned Managed Growth STAFF RECOMMENDATION: Staff recommends approval as a consent agenda item. I_'%ir_[91:I►Vi14►11b'3 Resolution and Agreement - Ferguson Parkway TxDOT APPROVALS: Greg Peters, Director of Public Works Created/Initiated - 2/5/2021 Jim Proce, City Manager Final Approval - 2/5/2021 CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN ADVANCE FUNDING AGREEMENT FOR SURFACE TRANSPORTATION BLOCK GRANT (STBG) PROGRAM PROJECT OFF -SYSTEM BETWEEN THE CITY OF ANNA AND THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE PRELIMINARY ENGINEERING FOR THE RECONSTRUCTION AND WIDENING OF FERGUSON PARKWAY FROM ELM STREET TO THE COLLIN COUNTY OUTER LOOP WHEREAS, federal law establishes federally funded programs for transportation improvements to implement its public purposes; and WHEREAS, the Texas Transportation Code, Section 201.103 establishes that the State shall design, construct and operate a system of highways in cooperation with local governments, and Section 222.052 authorizes the Texas Transportation Commission to accept contributions from political subdivisions for development and construction of public roads and the state highway system within the political subdivision; and WHEREAS, federal and state laws require local governments to meet certain contract standards relating to the management and administration of State and federal funds; and WHEREAS, the Texas Transportation Commission has codified 43 TAC, Rules 15.50-15.56 that describe federal, state, and local responsibilities for cost participation in highway improvement and other transportation projects; and WHEREAS, the Texas Transportation Commission passed Minute Order Number 115814 authorizing the State to undertake and complete a highway improvement or other transportation project generally described as the preliminary engineering for the reconstruction and widening of a roadway including a bridge (Project); and WHEREAS, the Project name is "Ferguson Parkway" and the Texas Department of Transportation control -section -job number for the Project is CSJ # 0918-24-249; and WHEREAS, the scope of work for the Project consists of the preliminary engineering for the reconstruction and widening of Ferguson Parkway from Elm Street to The Collin County Outer Loop in the City of Anna; and WHEREAS, the Advanced Funding Agreement approved by this resolution sets forth the cost sharing for the Project using federal, state and local funds and other obligations of the parties; and WHEREAS, the source of funding is generally 80% federally funded and 20% City funded as set forth in more detail in Exhibit C attached to the Advance Funding Agreement; and CITY OF ANNA, TEXAS RESOLUTION NO. Page 1 of 2 WHEREAS, the City's share of funding is based on an estimate and the City shall be solely responsible for and is financially committed to fund its share including any overruns based on actual costs over the maximum obligated amount of federal funding as set forth in more detail in the Advance Funding Agreement; and WHEREAS, the City is authorized by applicable law to enter into the Advance Funding Agreement with the Texas Department of Transportation; 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 Advance Funding Agreement. The City Council of the City of Anna, Texas hereby approves the Advance Funding Agreement for Surface Transportation Block Grant Program Project Off -System (Advanced Funding Agreement), by and between the City of Anna, Texas and the State of Texas, acting by and through the Texas Department of Transportation, and authorizes, ratifies and approves the City Manager's execution of the Advanced Funding Agreement on behalf of the City of Anna, Texas. Section 3. Previous Resolution. City of Anna Resolution No. 2020-09-796 is hereby superseded and rescinded to the extent of any conflict with this resolution. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 9t" day of February 2021. ATTEST: APPROVED: Carrie L. Land, City Secretary Nate Pike, Mayor CITY OF ANNA, TEXAS RESOLUTION NO. Page 2 of 2 TxDOT: Federal Highway Administration: CSJ # 0918-24-249 District # 18 - Dallas Code Chart 64 # 01300 Project Name Ferguson Parkway On Ferguson Parkway from Elm Limits Street to the Collin County Outer Loop STATE OF TEXAS 0 COUNTY OF TRAVIS § I CFDA No. 120.205 1 CFDA Title � Highway Planning and Construction AFA Not Used For Research & Development ADVANCE FUNDING AGREEMENT For Surface Transportation Block Grant (STBG) Program Project Off -System THIS AGREEMENT (Agreement) is made by and between the State of Texas, acting by and through the Texas Department of Transportation called the "State", and the City of Anna, acting by and through its duly authorized officials, called the "Local Government". The State and Local Government shall be collectively referred to as "the parties" hereinafter. WITNESSETH WHEREAS, federal law establishes federally funded programs for transportation improvements to implement its public purposes, and WHEREAS, the Texas Transportation Code, Section 201.103 establishes that the State shall design, construct and operate a system of highways in cooperation with local governments, and Section 222.052 authorizes the Texas Transportation Commission to accept contributions from political subdivisions for development and construction of public roads and the state highway system within the political subdivision, and WHEREAS, federal and state laws require local governments to meet certain contract standards relating to the management and administration of State and federal funds, and WHEREAS, the Texas Transportation Commission has codified 43 TAC, Rules 15.50-15.56 that describe federal, state, and local responsibilities for cost participation in highway improvement and other transportation projects, and WHEREAS, the Texas Transportation Commission passed Minute Order Number 115814 authorizing the State to undertake and complete a highway improvement or other transportation project generally described as the preliminary engineering for the reconstruction and widening of a roadway. The portion of the project work covered by this Agreement is identified in the Agreement, Article 3, Scope of Work (Project), and WHEREAS, the Texas Transportation Commission has not authorized funding for the construction of the highway improvement or other transportation project and the project is not currently listed and Page 1 of 16 AFA LongGen Rev 07/17/2019 TxDOT: Federal Highway Administration: CSJ # 0918-24-249 CFDA No. 20.205 District # 18 - Dallas CFDA Title Highway Planning and Construction Code Chart 64 # 01300 Project Name Ferguson Parkway AFA Not Used For Research & Development On Ferguson Parkway from Elm Limits Street to the Collin County Outer Loop approved for construction in the Unified Transportation Program (UTP) or Statewide Transportation Improvement Program (STIP). This Agreement does not represent a commitment to future project funding for any project elements, including construction, not specifically outlined in the Agreement. Costs not specifically identified as reimbursable under this Agreement will not be requested or reimbursed. WHEREAS, the Governing Body of the Local Government has approved entering into this Agreement by resolution dated , which is attached to and made a part of this Agreement as Attachment A, Resolution. A map showing the Project location appears in Attachment B, Location Map Showing Project (Attachment B), which is attached to and made a part of this Agreement. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, to be by them respectively kept and performed as set forth in this Agreement, it is agreed as follows: AGREEMENT Responsible Parties: For the Project covered by this Agreement, the parties shall be responsible for the following work as stated in the article of the Agreement referenced in the table below: 1 N/A Utilities Article 8 2. Local Government Environmental Assessment and Mitigation Article 9 3. Local Government Architectural and Engineering Services Article 11 4. N/A Construction Responsibilities Article 12 5. N/A Right of Way and Real Property Article 14 2. Period of the Agreement This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. This Agreement shall remain in effect until the Project is completed or unless terminated as provided below. 3. Scope of Work The scope of work for the Project consists of the preliminary engineering for the reconstruction and widening of a 2-lane roadway to a 4-lane urban divided roadway, with future widening to a 6-lane urban divided roadway, that will include new sidewalks and the construction of a 6-lane bridge over Slayter Creek along Ferguson Parkway from Elm Street to The Collin County Outer Loop in the City of Anna as shown on Attachment B, Project Location Map. Page 2 of 16 AFA LongGen Rev 07/17/2019 TxDOT: Federal Highway Administration: CSJ # 0918-24-249 CFDA No. 20.205 District # 18 - Dallas CFDA Title Highway Planning and Construction Code Chart 64 # 01300 Project Name Ferguson Parkway AFA Not Used For Research & Development On Ferguson Parkway from Elm Limits Street to the Collin County Outer Loop 4. Project Sources and Uses of Funds The total estimated cost of the Project is shown in Attachment C, Project Budget (Attachment C) which is attached to and made a part of this Agreement. A. If the Local Government will perform any work under this Agreement for which reimbursement will be provided by or through the State, the Local Government must complete training. If federal funds are being used, the training must be completed before federal spending authority is obligated. Training is complete when at least one individual who is working actively and directly on the Project successfully completes and receives a certificate for the course entitled "Local Government Project Procedures and Qualification for the Texas Department of Transportation" and retains qualification in accordance with applicable TxDOT procedures. Upon request, the Local Government shall provide the certificate of qualification to the State. The individual who receives the training certificate may be an employee of the Local Government or an employee of a firm that has been contracted by the Local Government to perform oversight of the Project. The State in its discretion may deny reimbursement if the Local Government has not continuously designated in writing a qualified individual to work actively on or to directly oversee the Project. B. The expected cash contributions from the federal government, the State, the Local Government, or other parties are shown in Attachment C. The State will pay for only those Project costs that have been approved by the Texas Transportation Commission. For projects with federal funds, the State and the federal government will not reimburse the Local Government for any work performed before the federal spending authority is formally obligated to the Project by the Federal Highway Administration (FHWA). After federal funds have been obligated, the State will send to the Local Government a copy of the formal documentation showing the obligation of funds including federal award information. The Local Government is responsible for 100% of the cost of any work performed under its direction or control before the federal spending authority is formally obligated. C. Attachment C shows, by major cost categories, the cost estimates and the party responsible for performing the work for each category. These categories may include but are not limited to: (1) costs of real property; (2) costs of utility work; (3) costs of environmental assessment and remediation; (4) cost of preliminary engineering and design; (5) cost of construction and construction management; and (6) any other local project costs. D. The State will be responsible for securing the federal and State share of the funding required for the development and construction of the local Project. If the Local Government is due funds for expenses incurred, these funds will be reimbursed to the Local Government on a cost basis. E. The Local Government will be responsible for all non-federal or non -State participation costs associated with the Project, unless otherwise provided for in this Agreement or approved otherwise in an amendment to this Agreement. For items of work subject to specified percentage funding, the Local Government shall only in those instances be responsible for all Project costs that are greater than the maximum State and federal Page 3 of 16 AFA LongGen Rev 07/17/2019 TxDOT: Federal Highway Administration: CSJ # 0918-24-249 CFDA No. 20.205 District # 18 - Dallas CFDA Title Highway Planning and Construction Code Chart 64 # 01300 Project Name Ferguson Parkway AFA Not Used For Research & Development On Ferguson Parkway from Elm Limits Street to the Collin County Outer Loop participation specified in Attachment C and for overruns in excess of the amount specified in Attachment C to be paid by the Local Government. F. The budget in Attachment C will clearly state all items subject to fixed price funding, specified percentage funding, and the periodic payment schedule, when periodic payments have been approved by the State. G. When the Local Government bears the responsibility for paying cost overruns, the Local Government shall make payment to the State within thirty (30) days from the receipt of the State's written notification of additional funds being due. H. When fixed price funding is used, the Local Government is responsible for the fixed price amount specified in Attachment C. Fixed prices are not subject to adjustment unless (1) differing site conditions are encountered; (2) further definition of the Local Government's requested scope of work identifies greatly differing costs from those estimated; (3) work requested by the Local Government is determined to be ineligible for federal participation; or (4) the adjustment is mutually agreed to by the State and the Local Government. I. Prior to the performance of any engineering review work by the State, the Local Government will pay to the State the amount specified in Attachment C. At a minimum, this amount shall equal the Local Government's funding share for the estimated cost of preliminary engineering performed or reviewed by the State for the Project. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction cost. J. The State will not execute the contract for the construction of the Project until the required funding has been made available by the Local Government in accordance with this Agreement. K. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation" or may use the State's Automated Clearing House (ACH) system for electronic transfer of funds in accordance with instructions provided by TxDOT's Finance Division. The funds shall be deposited and managed by the State and may only be applied by the State to the Project. L. The State will not pay interest on any funds provided by the Local Government. M. If a waiver for the collection of indirect costs for a service project has been granted under 43 TAC §15.56, the State will not charge the Local Government for the indirect costs the State incurs on the Project, unless this Agreement is terminated at the request of the Local Government prior to completion of the Project. N. If the Local Government is an Economically Disadvantaged County (EDC) and if the State has approved adjustments to the standard financing arrangement, this Agreement reflects those adjustments. O. Where the Local Government is authorized to perform services under this Agreement and be reimbursed by the State, the Local Government is authorized to submit requests for reimbursement by submitting the original of an itemized invoice, in a form and containing all items required by the State, no more frequently than monthly and no Page 4 of 16 AFA LongGen Rev 07/17/2019 TxDOT: Federal Highway Administration: CSJ # 0918-24-249 CFDA No. 20.205 District # 18 - Dallas CFDA Title Highway Planning and Construction Code Chart 64 # 01300 Project Name Ferguson Parkway AFA Not Used For Research & Development On Ferguson Parkway from Elm Limits Street to the Collin County Outer Loop later than ninety (90) days after costs are incurred. If the Local Government submits invoices more than ninety (90) days after the costs are incurred and if federal funding is reduced as a result, the State shall have no responsibility to reimburse the Local Government for those costs. P. Upon completion of the Project, the State will perform a final accounting of the Project costs for all items of work with specified percentage funding. Any funds due by the Local Government, the State, or the federal government for these work items will be promptly paid by the owing party. Q. The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this Agreement or indirectly through a subcontract under this Agreement. Acceptance of funds directly under this Agreement or indirectly through a subcontract under this Agreement acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. R. Payment under this Agreement beyond the end of the current fiscal biennium is subject to availability of appropriated funds. If funds are not appropriated, this Agreement shall be terminated immediately with no liability to either party. 5. Termination of This Agreement This Agreement shall remain in effect until the Project is completed and accepted by all parties, unless: A. The Agreement is terminated in writing with the mutual consent of the parties; B. The Agreement is terminated by one party because of a breach, in which case any costs incurred because of the breach shall be paid by the breaching party; C. The Local Government elects not to provide funding after the completion of preliminary engineering, specifications, and estimates (PS&E) and the Project does not proceed because of insufficient funds, in which case the Local Government agrees to reimburse the State for its reasonable actual costs incurred during the Project; or D. The Agreement is terminated by the State because the parties are not able to execute a mutually agreeable amendment when the costs for Local Government requested items increase significantly due to differing site conditions, determination that Local government requested work is ineligible for federal or state cost participation, or a more thorough definition of the Local Government's proposed work scope identifies greatly differing costs from those estimated. The State will reimburse Local Government remaining funds to the Local Government within ninety (90) days of termination; or E. The Project is inactive for thirty-six (36) consecutive months or longer and no expenditures have been charged against federal funds, in which case the State may in its discretion terminate this Agreement. Page 5 of 16 AFA LongGen Rev 07/17/2019 TxDOT: Federal Highway Administration: CSJ # 0918-24-249 CFDA No. 20.205 District # 18 - Dallas CFDA Title Highway Planning and Construction Code Chart 64 # 01300 Project Name Ferguson Parkway AFA Not Used For Research & Development On Ferguson Parkway from Elm Limits Street to the Collin County Outer Loop 6. Amendments Amendments to this Agreement due to changes in the character of the work, terms of the Agreement, or responsibilities of the parties relating to the Project may be enacted through a mutually agreed upon, written amendment. 7. Remedies This Agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this Agreement and shall be cumulative. 8. Utilities The party named in Article 1, Responsible Parties, under AGREEMENT shall be responsible for the adjustment, removal, or relocation of utility facilities in accordance with applicable state laws, regulations, rules, policies, and procedures, including any cost to the State of a delay resulting from the Local Government's failure to ensure that utility facilities are adjusted, removed, or relocated before the scheduled beginning of construction. The Local Government will not be reimbursed with federal or State funds for the cost of required utility work. The Local Government must obtain advance approval for any variance from established procedures. Before a construction contract is let, the Local Government shall provide, at the State's request, a certification stating that the Local Government has completed the adjustment of all utilities that must be adjusted before construction is commenced. 9. Environmental Assessment and Mitigation Development of a transportation project must comply with the National Environmental Policy Act and the National Historic Preservation Act of 1966, which require environmental clearance of federal -aid projects. The party named in Article 1, Responsible Parties, under AGREEMENT is responsible for the following: A. The identification and assessment of any environmental problems associated with the development of a local project governed by this Agreement. B. The cost of any environmental problem's mitigation and remediation. C. Providing any public meetings or public hearings required for the environmental assessment process. Public hearings will not be held prior to the approval of the Project schematic. D. The preparation of the NEPA documents required for the environmental clearance of this Project. If the Local Government is responsible for the environmental assessment and mitigation, before the advertisement for bids, the Local Government shall provide to the State written documentation from the appropriate regulatory agency or agencies that all environmental clearances have been obtained. 10. Compliance with Accessibility Standards All parties to this Agreement shall ensure that the plans for and the construction of all projects subject to this Agreement are in compliance with standards issued or approved by the Texas Page 6 of 16 AFA LongGen Rev 07/17/2019 TxDOT: Federal Highway Administration: CSJ # 0918-24-249 CFDA No. 20.205 District # 18 - Dallas CFDA Title Highway Planning and Construction Code Chart 64 # 01300 Project Name Ferguson Parkway AFA Not Used For Research & Development On Ferguson Parkway from Elm Limits Street to the Collin County Outer Loop Department of Licensing and Regulation (TDLR) as meeting or consistent with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101-336) (ADA). 11. Architectural and Engineering Services The party named in Article 1, Responsible Parties, under AGREEMENT has responsibility for the performance of architectural and engineering services. The engineering plans shall be developed in accordance with the applicable State's Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges and the special specifications and special provisions related to it. For projects on the State highway system, the design shall, at a minimum conform to applicable State manuals. For projects not on the State highway system, the design shall, at a minimum, conform to applicable American Association of State Highway and Transportation Officials (AASHTO) design standards. The Local Government shall submit the bridge layout to the State prior to plan development, and shall submit final bridge plans to the State for review and approval by TXDOT's Bridge Division. The State will review and comment on the work as required to accomplish the public purposes of the Local Government. The State may require the Local Government, or their representatives, to attend meetings as necessary to accomplish this goal. In procuring professional services, the parties to this Agreement must comply with federal requirements cited in 23 CFR Part 172 if the Project is federally funded and with Texas Government Code 2254, Subchapter A, in all cases. Professional contracts for federally funded projects must conform to federal requirements, specifically including the provision for participation by Disadvantaged Business Enterprises (DBEs), ADA, and environmental matters. If the Local Government is the responsible party, the Local Government shall submit its procurement selection process for prior approval by the State. All professional services contracts must be reviewed and approved by the State prior to execution by the Local Government. 12. Construction Responsibilities The party named in Article 1, Responsible Parties, under AGREEMENT is responsible for the following: A. Advertise for construction bids, issue bid proposals, receive and tabulate the bids, and award and administer the contract for construction of the Project. Administration of the contract includes the responsibility for construction engineering and for issuance of any change orders, supplemental agreements, amendments, or additional work orders that may become necessary subsequent to the award of the construction contract. In order to ensure federal funding eligibility, projects must be authorized by the State prior to advertising for construction. B. If the State is the responsible party, the State will use its approved contract letting and award procedures to let and award the construction contract. C. If the Local Government is the responsible party, the Local Government shall submit its contract letting and award procedures to the State for review and approval prior to letting. Page 7 of 16 AFA LongGen Rev 07/17/2019 TxDOT: Federal Highway Administration: CSJ # 0918-24-249 CFDA No. 20.205 District # 18 - Dallas CFDA Title Highway Planning and Construction Code Chart 64 # 01300 Project Name Ferguson Parkway AFA Not Used For Research & Development On Ferguson Parkway from Elm Limits Street to the Collin County Outer Loop D. If the Local Government is the responsible party, the State must concur with the low bidder selection before the Local Government can enter into a contract with the vendor. E. If the Local Government is the responsible party, the State must review and approve change orders. F. Upon completion of the Project, the party responsible for constructing the Project will issue and sign a "Notification of Completion" acknowledging the Project's construction completion and submit certification(s) sealed by a professional engineer(s) licensed in the State of Texas. G. For federally funded contracts, the parties to this Agreement will comply with federal construction requirements cited in 23 CFR Part 635 and with requirements cited in 23 CFR Part 633, and shall include the latest version of Form "FHWA-1273" in the contract bidding documents. If force account work will be performed, a finding of cost effectiveness shall be made in compliance with 23 CFR 635, Subpart B. 13. Project Maintenance The Local Government shall be responsible for maintenance of locally owned roads and locally owned facilities after completion of the work. The State shall be responsible for maintenance of the State highway system after completion of the work if the work was on the State highway system, unless otherwise provided for in existing maintenance agreements with the Local Government. 14. Right of Way and Real Property The party named in Article 1, Responsible Parties, under AGREEMENT is responsible for the provision and acquisition of any needed right of way or real property. 15. Insurance If this Agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work, the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. 16. Notices All notices to either party shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to that party at the following address: Page 8 of 16 AFA LongGen Rev 07/17/2019 TxDOT: Federal Highway Administration: CSJ # 0918-24-249 CFDA No. 20.205 District # 18 - Dallas CFDA Title Highway Planning and Construction Code Chart 64 # 01300 Project Name Ferguson Parkway AFA Not Used For Research & Development On Ferguson Parkway from Elm Limits Street to the Collin County Outer Loop Local Government: City of Anna ATTN: Director of Public Works 111 North Powell Parkway Anna, TX 75409 State: Texas Department of Transportation ATTN: Director of Contract Services 125 E. 11t" Street Austin, TX 78701 All notices shall be deemed given on the date delivered in person or deposited in the mail, unless otherwise provided by this Agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that notices shall be delivered personally or by certified U.S. mail, and that request shall be carried out by the other party. 17. Legal Construction If one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions and this Agreement shall be construed as if it did not contain the invalid, illegal, or unenforceable provision. 18. Responsibilities of the Parties The State and the Local Government agree that neither party is an agent, servant, or employee of the other party, and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. 19. Ownership of Documents Upon completion or termination of this Agreement, all documents prepared by the State shall remain the property of the State. All data and information prepared under this Agreement shall be made available to the State without restriction or limitation on their further use. All documents produced or approved or otherwise created by the Local Government shall be transmitted to the State, in the format directed by the State, on a monthly basis or as required by the State. The originals shall remain the property of the Local Government. . 20. Compliance with Laws The parties to this Agreement shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this Agreement. When required, the Local Government shall furnish the State with satisfactory proof of this compliance. Page 9 of 16 AFA LongGen Rev 07/17/2019 TxDOT: Federal Highway Administration: CSJ # 0918-24-249 CFDA No. 20.205 District # 18 - Dallas CFDA Title Highway Planning and Construction Code Chart 64 # 01300 Project Name Ferguson Parkway AFA Not Used For Research & Development On Ferguson Parkway from Elm Limits Street to the Collin County Outer Loop 21. Sole Agreement This Agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the Agreement's subject matter. 22. Cost Principles In order to be reimbursed with federal funds, the parties shall comply with the cost principles established in 2 CFR 200 that specify that all reimbursed costs are allowable, reasonable, and allocable to the Project. 23. Procurement and Property Management Standards The parties to this Agreement shall adhere to the procurement and property management standards established in 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, and to the Texas Uniform Grant Management Standards. The State must pre -approve the Local Government's procurement procedures for purchases to be eligible for state or federal funds. 24. Inspection of Books and Records The parties to this Agreement shall maintain all books, documents, papers, accounting records, and other documentation relating to costs incurred under this Agreement and shall make such materials available to the State, the Local Government, and, if federally funded, the FHWA and the U.S. Office of the Inspector General or their duly authorized representatives for review and inspection at its office during the Agreement period and for seven (7) years from the date of final reimbursement by FHWA under this Agreement or until any impending litigation or claims are resolved. Additionally, the State, the Local Government, and the FHWA and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this Agreement for the purpose of making audits, examinations, excerpts, and transcriptions. 25. Civil Rights Compliance The parties to this Agreement are responsible for the following: A. Compliance with Regulations: Both parties will comply with the Acts and the Regulations relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation (USDOT), the Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made part of this Agreement. B. Nondiscrimination: The Local Government, with regard to the work performed by it during the Agreement, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Local Government will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the Agreement covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. Page 10 of 16 AFA LongGen Rev 07/17/2019 TxDOT: Federal Highway Administration: CSJ # 0918-24-249 CFDA No. 20.205 District # 18 - Dallas CFDA Title Highway Planning and Construction Code Chart 64 # 01300 Project Name Ferguson Parkway AFA Not Used For Research & Development On Ferguson Parkway from Elm Limits Street to the Collin County Outer Loop C. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Local Government for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier will be notified by the Local Government of the Local Government's obligations under this Agreement and the Acts and Regulations relative to Nondiscrimination on the grounds of race, color, or national origin. D. Information and Reports: The Local Government will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and facilities as may be determined by the State or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations or directives. Where any information required of the Local Government is in the exclusive possession of another who fails or refuses to furnish this information, the Local Government will so certify to the State or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of the Local Government's noncompliance with the Nondiscrimination provisions of this Agreement, the State will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: 1. withholding of payments to the Local Government under the Agreement until the Local Government complies and/or 2. cancelling, terminating, or suspending of the Agreement, in whole or in part. F. Incorporation of Provisions: The Local Government will include the provisions of paragraphs (A) through (F) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Local Government will take such action with respect to any subcontract or procurement as the State or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Local Government becomes involved in, or is threatened with, litigation with a subcontractor or supplier because of such direction, the Local Government may request the State to enter into such litigation to protect the interests of the State. In addition, the Local Government may request the United States to enter into such litigation to protect the interests of the United States. 26. Pertinent Non -Discrimination Authorities During the performance of this Agreement, each party, for itself, its assignees, and successors in interest agree to comply with the following nondiscrimination statutes and authorities; including but not limited to: A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (pro- hibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. Page 11 of 16 AFA LongGen Rev 07/17/2019 TxDOT: Federal Highway Administration: CSJ # 0918-24-249 CFDA No. 20.205 District # 18 - Dallas CFDA Title Highway Planning and Construction Code Chart 64 # 01300 Project Name Ferguson Parkway AFA Not Used For Research & Development On Ferguson Parkway from Elm Limits Street to the Collin County Outer Loop B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of federal or federal -aid programs and projects). C. Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), as amended, (prohibits discrimination on the basis of sex). D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.) as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27. E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age). F. Airport and Airway Improvement Act of 1982, (49 U.S.C. Chapter 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex). G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the federal -aid recipients, subrecipients and contractors, whether such programs or activities are federally funded or not). H. Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38. I. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex). J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations. K. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, the parties must take reasonable steps to ensure that LEP persons have meaningful access to the programs (70 Fed. Reg. at 74087 to 74100). L. Title IX of the Education Amendments of 1972, as amended, which prohibits the parties from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq.). 27. Disadvantaged Business Enterprise (DBE) Program Requirements If federal funds are used: A. The parties shall comply with the Disadvantaged Business Enterprise Program requirements established in 49 CFR Part 26. Page 12 of 16 AFA LongGen Rev 07/17/2019 TxDOT: Federal Highway Administration: CSJ # 0918-24-249 CFDA No. 20.205 District # 18 - Dallas CFDA Title Highway Planning and Construction Code Chart 64 # 01300 Project Name Ferguson Parkway AFA Not Used For Research & Development On Ferguson Parkway from Elm Limits Street to the Collin County Outer Loop B. The Local Government shall adopt, in its totality, the State's federally approved DBE program. C. The Local Government shall incorporate into its contracts with subproviders an appropriate DBE goal consistent with the State's DBE guidelines and in consideration of the local market, project size, and nature of the goods or services to be acquired. The Local Government shall submit its proposed scope of services and quantity estimates to the State to allow the State to establish a DBE goal for each Local Government contract with a subprovider. The Local Government shall be responsible for documenting its actions. D. The Local Government shall follow all other parts of the State's DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation's Federally -Approved Disadvantaged Business Enterprise by Entity, and attachments found at web address http://ftp.dot.state.tx.us/pub/txdot-info/bop/dbe/mou/mou attachments.Pdf. E. The Local Government shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any U.S. Department of Transportation (DOT) - assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Local Government shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non-discrimination in award and administration of DOT -assisted contracts. The State's DBE program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this Agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the Local Government of its failure to carry out its approved program, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). F. Each contract the Local Government signs with a contractor (and each subcontract the prime contractor signs with a sub -contractor) must include the following assurance: The contractor, sub -recipient, or sub -contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as the recipient deems appropriate. 28. Debarment Certifications If federal funds are used, the parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." By executing this Agreement, the Local Government certifies that it and its principals are not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Page 13 of 16 AFA LongGen Rev 07/17/2019 TxDOT: Federal Highway Administration: CSJ # 0918-24-249 CFDA No. 20.205 District # 18 - Dallas CFDA Title Highway Planning and Construction Code Chart 64 # 01300 Project Name Ferguson Parkway AFA Not Used For Research & Development On Ferguson Parkway from Elm Limits Street to the Collin County Outer Loop Federal Assistance Programs under Executive Order 12549 and further certifies that it will not do business with any party, to include principals, that is currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The parties to this Agreement shall require any party to a subcontract or purchase order awarded under this Agreement to certify its eligibility to receive federal funds and, when requested by the State, to furnish a copy of the certification. If state funds are used, the parties are prohibited from making any award to any party that is debarred under the Texas Administrative Code, Title 34, Part 1, Chapter 20, Subchapter G, Rule §20.585 and the Texas Administrative Code, Title 43, Part 1, Chapter 9, Subchapter G. 29. Lobbying Certification If federal funds are used, in executing this Agreement, each signatory certifies to the best of that signatory's knowledge and belief, that: A. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with federal contracts, grants, loans, or cooperative agreements, the signatory for the Local Government shall complete and submit the Federal Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. The parties shall require that the language of this certification shall be included in the award documents for all sub -awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and all sub -recipients shall certify and disclose accordingly. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 30. Federal Funding Accountability and Transparency Act Requirements If federal funds are used, the following requirements apply: A. Any recipient of funds under this Agreement agrees to comply with the Federal Funding Accountability and Transparency Act (FFATA) and implementing regulations at 2 CFR Part 170, including Appendix A. This Agreement is subject to the following Page 14 of 16 AFA LongGen Rev 07/17/2019 TxDOT: Federal Highway Administration: CSJ # 0918-24-249 CFDA No. 20.205 District # 18 - Dallas CFDA Title Highway Planning and Construction Code Chart 64 # 01300 Project Name Ferguson Parkway AFA Not Used For Research & Development On Ferguson Parkway from Elm Limits Street to the Collin County Outer Loop award terms: http://www.qpo.gov/fdsys/pkq/FR-2010-09-14/pdf/2010-22705.pdf and http://www.qpo.gov/fdsys/pkq/FR-2010-09-14/pdf/2010-22706.pd B. The Local Government agrees that it shall: 1. Obtain and provide to the State a System for Award Management (SAM) number (Federal Acquisition Regulation, Part 4, Sub -part 4.11) if this award provides more than $25,000 in federal funding. The SAM number may be obtained by visiting the SAM website whose address is: https://www.sam.gov/portal/public/SAM/ 2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a unique nine -character number that allows federal government to track the distribution of federal money. The DUNS may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet (D&B) on-line registration website http://fedgov.dnb.com/webform; and 3. Report the total compensation and names of its top five executives to the State if: i. More than 80% of annual gross revenues are from the federal government, and those revenues are greater than $25,000,000; and ii. The compensation information is not already available through reporting to the U.S. Securities and Exchange Commission. 31. Single Audit Report If federal funds are used: A. The parties shall comply with the single audit report requirements stipulated in 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. B. If threshold expenditures of $750,000 or more are met during the fiscal year, the Local Government must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Compliance Division, 125 East 11th Street, Austin, TX 78701 or contact TxDOT's Compliance Division by email at singleaudits(a-)-txdot.gov. C. If expenditures are less than the threshold during the Local Government's fiscal year, the Local Government must submit a statement to TxDOT's Compliance Division as follows: "We did not meet the $ expenditure threshold and therefore, are not required to have a single audit performed for FY " D. For each year the Project remains open for federal funding expenditures, the Local Government will be responsible for filing a report or statement as described above. The required annual filing shall extend throughout the life of the Agreement, unless otherwise amended or the Project has been formally closed out and no charges have been incurred within the current fiscal year. Page 15 of 16 AFA LongGen Rev 07/17/2019 TxDOT: Federal Highway Administration: CSJ # 0918-24-249 CFDA No. 20.205 District # 18 - Dallas CFDA Title Highway Planning and Construction Code Chart 64 # 01300 Project Name Ferguson Parkway AFA Not Used For Research & Development On Ferguson Parkway from Elm Limits Street to the Collin County Outer Loop 32. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this Agreement on behalf of the entity represented. Each party is signing this Agreement on the date stated under that party's signature. THE STATE OF TEXAS Kenneth Stewart Director of Contract Services Texas Department of Transportation Date THE LOCAL GOVERNMENT Jim Proce City Manager City of Anna Date Page 16 of 16 AFA LongGen Rev 07/17/2019 InBiel 6 CSJ # 0918-24-249 District # 18 - Dallas Code Chart 64 # 01300 Project Name Ferguson Parkway Limits On Ferguson Parkway from Elm Street to the Collin County Outer Loop Federal Highway Administration: CFDA No. 20.205 CFDA Title Highway Planning and Construction AFA Not Used For Research & Development ATTACHMENT A RESOLUTION Page 1 of 1 AFA LongGen Attachment A InBiel 6 CSJ # 0918-24-249 District # 18 - Dallas Code Chart 64 # 01300 Project Name Ferguson Parkway Limits On Ferguson Parkway from Elm Street to the Collin County Outer Loop u :+ J Treael Centel My Goody Auor a ' 7 k S 0 N Federal Highway Administration: CFDA No. 20.205 CFDA Title Highway Planning and Construction AFA Not Used For Research & Development ATTACHMENT B LOCATION MAP SHOWING PROJECT 7 CIE F_r! I l.owe's Tfwl 8tri, RRpo John'W Pvi3 0of!er t;ewal ' (w•3n aid e � �} FM 455 T Sank Urim In S ! i PrEA w Prim rin �:refjeiyn,Rgl!:rn 4p'u yv=Jlk tic��ker+lacy Urn stfid c tm�x!1 Project Maku,jp 6y by 'I K 9 Kan,_ Starts �! i+wsfer Kpi�eRena'Bouligup ; ; f-.1 f'� JJ�yR +� ��f A Ferguson J arkway _ CSJ# 0916-24-249 �4: :.,diumAnn Nanar, Woolen Cartage f 91 l A MR00 Ht 4+ r•'y Ggypp5laa Anne Town a� ry Bapklst ChlprCV9 _ �Bp�- Project t�lyrely Specially F(yr, Ends F.) rglle€ins Warne 7 C7rT, L::.. CO n County Outer Loop c mow, �r �! C10utw1en} Page 1 of 1 AFA LongGen Attachment B TxDOT: CSJ # 0918-24-249 District # 18 - Dallas Code Chart 64 # 01300 Project Name Ferguson Parkway Limits On Ferguson Parkway from Elm Street to the Collin County Outer Loop Federal Highway Administration: CFDA No. 20.205 CFDA Title Highway Planning and Construction AFA Not Used For Research & Development ATTACHMENT C PROJECT BUDGET Preliminary engineering costs will be based on 80% Federal funding (Cat. 7) and 20% Local Government funding until Federal funding reaches the maximum obligated amount. The Local Government will then be responsible for the cost of all project overruns. The Project cost is to be as follows: PROJECT BUDGET DESCRIPTION TOTAL ESTIMATED COST FEDERAL PARTICIPATION STATE PARTICIPATION LOCAL PARTICIPATION % Cost % Cost Cost Environmental (by Local) Cat. 7 $128,698 80% $102,958 0% $0 20% $25,740 Engineering (by Local) Cat. 7 $1,194,476 80% $955,581 0% $0 20% $238,895 Subtotal $1,323,174 $1,058,539 $0 $264,635 Direct State Cost — Env $4,357 80% $3,486 0% $0 20% $871 Direct State Cost — Eng. $4,358 80% $3,486 0% $0 20% $872 Direct State Cost — ROW $4,356 80% $3,485 0% $0 20% $871 Direct State Cost — UTL $4,356 80% $3,485 0% $0 20% $871 Direct State Cost — CNST $0 0% $0 0% $0 0% $0 Subtotal $17,427 $13,942 $0 $3,485 Indirect State Cost — 4.52% $59,807 0% T $0 100% 1 $59,807 $0 TOTAL $1,400,408 $1,072,481 $59,807 $268,120 Initial Payment by the Local Government to the State: $3,485. Payment by the Local Government to the State prior to construction: $0. Estimated total payment due by the Local Government to the State: $3,485. This is an estimate. The final amount of Local Government participation will be based on actual costs. Page 1 of 1 AFA LongGen Attachment C THE CITY OF Anna AGENDA ITEM: Item No. 7.a. City Council Agenda Staff Report Meeting Date: 2/9/2021 Staff Contact: Carrie Land Consider/Discuss/Action on an Ordinance calling the general election for May 1 and to approve a contract with Collin County Elections Administration for election services. (City Secretary Carrie Land) SUMMARY: In accordance with the general laws and Constitution of the State of Texas and the Charter of the City of Anna, Texas, a City Council election is to be held on the first Saturday in May. The ordinance presented is to order such election and to approve a contract with Collin County Elections Administration. FINANCIAL IMPACT: Collin County Elections Administrator has estimated the cost for the election to be $3,920.41. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: STAFF RECOMMENDATION: It is recommended that Council approve the Ordinance calling the election and approving a contract with Collin County Elections Administration. ATTACHMENTS: 1. Ord Election Order 2021 Final 2. Contract for Election Services - Joint General and Special Election 0501... 3. Exhibit A 4. Exhibit B 5. Exhibit C-1 Estimate Election Wide 6. Exhibit C-2 Estimate Shared Cost 7. Exhibit D Anna City 8. Signature Page City of Anna 9. Election Notice for Paper 2021 APPROVALS: Carrie Land, City Secretary Created/Initiated - 2/2/2021 Clark McCoy, City Attorney Approved - 2/5/2021 Jim Proce, City Manager Final Approval - 2/5/2021 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, ORDERING A GENERAL ELECTION TO BE HELD ON MAY 1, 2021 FOR THE PURPOSE OF ELECTING A MAYOR AND ONE (1) CITY COUNCIL MEMBER; DESIGNATING POLLING PLACES; ORDERING NOTICES OF ELECTION TO BE GIVEN; ADOPTING A VOTING SYSTEM; AUTHORIZING EXECUTION OF JOINT ELECTION CONTRACTS; PROVIDING SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in accordance with the general laws and Constitution of the State of Texas and the Charter of the City of Anna, Texas, a Municipal Officers' election is to be held on the first Saturday in May; and WHEREAS, it is necessary that the City Council of the City of Anna order an election to be held on the 1st day of May 2021, 7:00 a.m. to 7:00 p.m., for the purpose of electing a mayor and council member for Place 1; and WHEREAS, the election shall be held as a joint election administered by the Collin County Elections Administrator in accordance with the provisions of the Texas Election Code, the Charter of the City of Anna, and an Election Services Contract between the Collin County Elections Administrator, the City of Anna, and various other political subdivisions in Collin County; and WHEREAS, on August 26, 2019, the Collin County Commissioner's Court formally adopted the ExpressVote Universal Voting System, EVS 6.0.2.0 consisting of Electionware election management software, ExpressVote ballot marking device, ExpressTouch curbside voting device, DS200 precinct tabulator/scanner, DS450 high speed central scanner, and DS850 high speed central scanner; and WHEREAS, the ExpressVote Universal Voting System, EVS 6.0.2.0 consisting of Electionware election management software, ExpressVote ballot marking device, Express Touch curbside voting device, DS200 precinct tabulator/scanner, DS4S0 high speed central scanner, and DS850 high speed central scanner have been certified by both the Texas Secretary of State and the United States Election Assistance Commission; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: SECTION 1. ELECTION ORDER An election is hereby ordered to be held by the City of Anna, Texas, on Saturday, May 1, 2021, for the purpose of electing a mayor and council member for Place 1. Polling locations for the election will be determined in the Joint General and Special Election Services Contract ("Election Services Contract") to be entered into with the Collin County Elections Administrator. The polling locations shall be open between the hours of 7.00 a.m. and 7:00 p.m. the date of the election. The election will be conducted in accordance with the Election Services Contract, by and between the City, and various other political subdivisions in Collin County, Texas. SECTION 2. ELECTION NOTICE That the City Secretary is hereby directed to cause notice of said election to be published at least once, not earlier than the 30th day or later than the 10th day, before election day as provided in Section 4.003(a)(1) of the Texas Election Code; and shall be posted on the bulletin board used for posting notices of the City Council meetings not later than the 21 st day before election day. A copy of the published notice that contains the name of the newspaper and the date of publication shall be retained as a record of such notice, and the person posting the notice shall make a record at the time of posting stating the date and place of posting in accordance with Texas Election Code Section 4.005. SECTION 3. EARLY VOTING That early voting by personal appearance by any qualified Collin County resident shall be conducted at the Anna Independent School District Board Room, 201 E. 7t" Street, Anna, Texas 75409, or at any of the other Collin County Vote Center locations established by the Election Services Contract. Early voting by personal appearance for the May 1, 2021, election will be conducted by the Collin County Elections Administration. The dates and times for early voting by personal appearance are as follows: Monday April 19, 2021 8:00 a.m. to 5:00 p.m. Tuesday April 20, 2021 8:00 a.m. to 5:00 p.m. Wednesday April 21, 2021 8:00 a.m. to 5:00 p.m. Thursday April 22, 2021 8:00 a.m. to 7:00 p.m. Friday April 23, 2021 8:00 a.m. to 5:00 p.m. Saturday April 24, 2021 8:00 a.m. to 5:00 p.m. Monday April 26, 2021 7:00 a.m. to 7:00 p.m. Tuesday April 27, 2021 7:00 a.m. to 7:00 p.m. SECTION 4. ELECTION DAY POLLING PLACE On May 1, 2021, Election Day, the polls shall be open from 7:00 a.m. to 7:00 p.m. and conducted at the Anna Independent School District Board Room, 201 E. 71" Street, Anna, Texas 75409 or at any of the other Collin County Vote Center locations established by the Election Services Contract. SECTION 5. EARLY VOTING BY MAIL That applications for early voting ballot by mail shall be mailed to: Bruce Sherbet Elections Administrator, 2010 Redbud Blvd., Ste. 102, McKinney, Texas 75069. Applications for early voting ballot by mail must be received no later than the close of business on Tuesday, April 20, 2021. CITY OF ANNA, TEXAS ORDINANCE NO. PAGE 2 OF 4 SECTION 6. RUNOFF ELECTION That if a run-off election becomes necessary, the Collin County Elections Administrator will conduct the run-off election to be held on Tuesday, June 1, 2021. SECTION 7. ELECTRONIC VOTING EQUIPMENT That in accordance with Section 123.001 of the Texas Election Code, the ExpressVote Universal Voting System, EVS 6.0.2.0 consisting of Electionware election management software, ExpressVote ballot marking device, Express Touch curbside voting device, DS200 precinct tabulator/scanner, DS4S0 high speed central scanner, and DS850 high speed central scanner approved by the Secretary of State are hereby adopted for the election on May 1, 2021. SECTION 8. ADMINISTRATION AND PROCEDURES OF THE ELECTION The City Manager is hereby authorized and directed to enter into joint election agreements for said election with Collin County Elections Administration and other political subdivisions and to execute such election agreements for said election. SECTION 9. ELECTION OFFICIALS That pursuant to the Election Services Contract, the Collin County Elections Administrator shall serve as Early Voting Clerk for the election. Presiding Election Judges and Alternate Presiding Election Judges appointed to serve at said polling places shall be those election officials furnished by Collin County Elections Administrator. SECTION 10. EARLY VOTING BALLOT BOARD That an Early Voting Ballot Board shall be created to process early voting results in accordance with Section 87.007 of the Texas Election Code. The Early Voting Ballot Board shall be made up of members appointed in the manner stated in the Election Services Contract and the Presiding Judge and Alternate Presiding Judge of the Early Voting Ballot Board shall be the election officials listed in the Election Services Contract. SECTION 11. SAVINGS, SEVERABILITY AND REPEALING CLAUSES That should any word, sentence, paragraph, subdivision, clause, phrase or section of this resolution be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said resolution, which shall remain in full force and effect. SECTION 12. EFFECTIVE DATE CITY OF ANNA, TEXAS ORDINANCE NO. PAGE 3 OF 4 That this ordinance shall become effective immediately from and after its passage. APPROVED AND ADOPTED by the City Council of the City of Anna, Texas on this the day of 2021. ATTESTED: I_1»391TI :1197I City Secretary Carrie L. Land Mayor Nate Pike CITY OF ANNA, TEXAS ORDINANCE NO. PAGE 4 OF 4 JOINT GENERAL AND SPECIAL ELECTION SERVICES CONTRACT ("Election Services Contract") ELECTION SERVICES AGREEMENT BETWEEN THE COLLIN COUNTY ELECTIONS ADMINISTRATOR ("Contracting Election Officer") AND THE BELOW LISTED POLITICAL SUBDIVISIONS ("Participating Political Subdivisions") COLLIN COUNTY COMMUNITY COLLEGE CITY OF ALLEN CITY OF ANNA CITY OF BLUE RIDGE CITY OF CARROLLTON CITY OF CELINA CITY OF DALLAS TOWN OF FAIRVIEW CITY OF FARMERSVILLE CITY OF FRISCO CITY OF GARLAND CITY OF LAVON CITY OF LUCAS CITY OF MCKINNEY CITY OF MELISSA CITY OF NEVADA TOWN OF NEW HOPE CITY OF PARKER CITY OF PLANO TOWN OF PROSPER CITY OF RICHARDSON CITY OF SACHSE TOWN OF SAINT PAUL CITY OF WYLIE ALLEN INDEPENDENT SCHOOL DISTRICT ANNA INDEPENDENT SCHOOL DISTRICT COMMUNITY INDEPENDENT SCHOOL DISTRICT FARMERSVILLE INDEPENDENT SCHOOL DISTRICT FRISCO INDEPENDENT SCHOOL DISTRICT LOVEJOY INDEPENDENT SCHOOL DISTRICT MCKINNEY INDEPENDENT SCHOOL DISTRICT MELISSA INDEPENDENT SCHOOL DISTRICT PLANO INDEPENDENT SCHOOL DISTRICT PROSPER INDEPENDENT SCHOOL DISTRICT BEAR CREEK SPECIAL UTILITY DISTRICT EAST FORK FRESH WATER SUPPLY DIST. 1 NORTH COLLIN SPECIAL UTILITY DISTRICT FOR THE CONDUCT OF A JOINT ELECTION TO BE HELD ON SATURDAY, MAY 1, 2021 TO BE ADMINISTERED BY THE COLLIN COUNTY ELECTIONS ADMINISTRATOR 1) ADMINISTRATION AND STATUTORY AUTHORITY a) Bruce Sherbet ("Bruce Sherbet") is the duly appointed County Elections Administrator ("Elections Administrator") of Collin County, Texas and the Department Head of the Collin County Elections Department. As such, Mr. Sherbet is the Election Administrator of Collin County, Texas and is authorized by Subchapter D of Chapter 31 of Title 3 of the Texas Election Code to enter into this Election Services Contract with the contracting authorities of the Participating Political Subdivision. b) The contracting authorities of the Participating Political Subdivisions listed on the cover page of this Election Services Contract are hereby participating in the Joint Election to be held in Collin County, Texas on Saturday, May 1, 2021 under Chapter 271 of Title 16 of the Texas Election Code ("Joint Election") and are hereby contracting with the Elections Administrator of Collin County, Texas to perform the election services set forth in this Election Services Contract under Subchapter D of Chapter 31 of Title 3 of the Texas Election Code. 2) DUTIES AND SERVICES OF THE CONTRACTING ELECTION OFFICER a) The Contracting Election Officer shall be responsible for performing the following duties and shall furnish the following services and equipment: i) The Contracting Election Officer will prepare and publish the required Notice of Election and post the required orders and resolutions to the Collin County website. ii) The Contracting Election Officer shall arrange for appointment, notification (including writ of election), training and compensation of all presiding judges, alternate judges, the judge of the Central Count Station and judge of the Early Voting Ballot Board. iii) The Contracting Election Officer shall be responsible for notification of each Election Day and Early Voting presiding judge and alternate judge of his or her appointment. The presiding election judge of each Vote Center, will use his/her discretion to determine when additional manpower is needed during peak voting hours. The Contracting Election Officer will determine the number of clerks to work in the Central Count Station and the number of clerks to work on the Ballot Board. (1) Election judges shall attend the Contracting Election Officer's school of instruction (Election Law Class); calendar will be provided. (2) Election judges shall be responsible for picking up from and returning election supplies to the county election warehouse located at 2010 Redbud Blvd., Suite 102, McKinney. Compensation for this pickup and delivery of supplies will be $25.00. iv) The Contracting Election Officer shall compensate each election judge and worker. Each judge shall receive $14.00 per hour for services rendered, each alternate judge shall receive $13.00 per hour for services rendered, and each clerk shall receive $12.00 per hour for services rendered. Overtime will be paid to each person working over 40 hours per week. b) The Contracting Election Officer shall procure, prepare, and distribute voting machines, election kits and election supplies. i) The Contracting Election Officer shall secure election kits which include the legal documentation required to hold an election and all supplies. ii) The Contracting Election Officer shall secure the tables, chairs, and legal documentation required to run the Central Count Station. iii) The Contracting Election Officer shall provide all lists of registered voters required for use on Election Day and for the early voting period required by law. iv) The Contracting Election Officer shall procure and arrange for the distribution of all election equipment and supplies required to hold an election. 2 (1) Equipment includes the rental of ExpressVote Universal voting machines, ExpressTouch curbside voting machines, ADA compliant headphones and keypads, DS200 ballot counters, voting signs and election supply cabinets. (2) Supplies include paper ballot cards, Early Voting and Election Day supply kits, provisional ballot kits, security seals, pens, tape, markers, etc. 3) The Contracting Election Officer, Bruce Sherbet, shall be appointed the Early Voting Clerk. a) The Contracting Election Officer shall supervise and conduct Early Voting by mail and in person and shall secure personnel to serve as Early Voting Deputies. b) Early Voting by personal appearance for the Participating Political Subdivision shall be conducted during the time period and at the locations listed in Exhibit "A", attached and incorporated by reference into this Election Services Contract. c) All applications for an Early Voting mail ballot shall be received and processed by the Collin County Elections Administration Office, located at 2010 Redbud Blvd., Suite 102, McKinney, Texas 75069. i) Applications for mail ballots erroneously mailed to the Participating Political Subdivisions shall immediately be faxed to the Contracting Officer for timely processing. The original application shall then be forwarded to the Contracting Election Officer for proper retention. ii) All Federal Post Card Applications (FPCA) will be sent a mail ballot. No postage is required. d) All Early Voting ballots (those cast by mail and those cast by personal appearance) shall be prepared for counting by the Early Voting Ballot Board in accordance with Section 87.000 of the Texas Election Code. The presiding judge of this Board shall be appointed by the Contracting Officer. 4) The Contracting Election Officer shall arrange for the use of all Election Day Vote Centers. a) The Participating Political Subdivisions shall assume the responsibility of remitting their portion of cost of all employee services required to provide access, provide security or provide custodial services for the Vote Centers. b) The Election Day Vote Centers are listed in Exhibit "B", attached and incorporated by reference into this Election Services Contract. 5) The Contracting Election Officer shall be responsible for establishing and operating the Central Count Station to receive and tabulate the voted ballots in accordance with Section 127.001 of the Election Code and of this agreement. Count Station Manager shall be Bruce Sherbet. The Count Station Judge shall be Neal Katz. The Tabulation Supervisor shall be Billy Pratt. a) The Tabulation Supervisor shall prepare, test and run the county's tabulation system in accordance with statutory requirements and county policies, under the auspices of the Contracting Election Officer. b) The Public Logic and Accuracy Test of the electronic voting system shall be conducted in accordance with Election Law. The required Notice of Logic and Accuracy testing will be posted by the Contracting Election Officer. c) Election night reports will be available to the Participating Political Subdivisions at the Central Counting Station on election night. Provisional ballots will be tabulated after election night in accordance with state law. d) The Contracting Election Officer shall prepare the unofficial canvass report after all precincts have been counted, and will provide a copy of the unofficial canvass to the Participating Political Subdivisions as soon as possible after all returns have been tallied. 3 e) The Contracting Election Officer shall be appointed the custodian of the voted ballots and shall retain all election materials for a period of 22 months. i) Pending no litigation and as prescribed by law, the voted ballots shall be shredded 22 months after the election. f) The Contracting Election Officer shall conduct a manual count as prescribed by Section 127.201 of the Texas Election Code and submit a written report to the Participating Political Subdivisions in a timely manner. If applicable, a written report shall be submitted to the Secretary of State as required by Section 127.201 of the aforementioned code. 6) DUTIES AND SERVICES OF THE PARTICIPATING POLITICAL SUBDIVISIONS. a) The Participating Political Subdivisions shall assume the following duties: i) Each Participating Political Subdivision will prepare, adopt, and publish all legally required election orders, resolutions, and other documents required by, or of, their governing bodies. Each Participating Political Subdivision is required to send Collin County Elections Department a copy of any election order or resolution related to this Joint Election within three business days of publishing, adopting or ordering it. ii) The Participating Political Subdivision shall provide the Contracting Election Officer with an updated map and street index of their jurisdiction in an electronic (shape file preferred) or printed format as soon as possible but no later than Monday, March 1, 2021. iii) The Participating Political Subdivision shall procure and provide the Contracting Election Officer with the ballot layout and Spanish interpretation in an electronic format. (1) The Participating Political Subdivision shall deliver to the Contracting Election Officer as soon as possible, but no later than 5:00 PM Monday, February 22, 2020, the official wording for the Participating Political Subdivision's May 1, 2021, Joint General and Special Election. (2) The Participating Political Subdivisions shall approve the "blue line" ballot format prior to the final printing. iv) The Participating Political Subdivisions shall share in the cost and compensate the Contracting Election Officer for all associated cost including any additional verified cost incurred in the process of running this election or for a manual count this election may require, consistent with charges and hourly rates shown on Exhibit "C-1" for required services. b) The Participating Political Subdivisions shall pay the Contracting Election Officer 90% of the estimated cost to run the said election prior to Monday, March 22, 2021. The Contracting Election Officer shall place the funds in a "contract fund" as prescribed by Section 31.100 of the Texas Election Code. The deposit should be delivered within the mandatory time frame to: Collin County Treasury, 2300 Bloomdale Rd., #3138, McKinney, Texas 75071. Made payable to "Collin County Treasury" with a note "for election services" included with check documentation. c) The Participating Political Subdivision shall pay the cost of conducting said election, less partial payment, including the 10% administrative fee, pursuant to the Texas Election Code, Section 31.100, within 30 days from the date of final billing. Additionally, all payments in excess of the final cost to perform the election will be refunded to the participating Political Subdivision. d) COST OF SERVICES. See Exhibits "C-2" and "D" e) GENERAL PROVISIONS M i) Nothing contained in this Election Services Contract shall authorize or permit a change in the officer with whom or the place at which any document or record relating to the Participating Political Subdivision's May 1, 2021, Joint General and Special Election is to be filed or the place at which any function is to be carried out, or any nontransferable functions specified under Section 31.096 of the Texas Election Code. ii) Upon request, the Contracting Election Officer will provide copies of all invoices and other charges received in the process of running said election for the Participating Political Subdivision. iii) If the Participating Political Subdivision cancel their election pursuant to Section 2.053 of the Texas Election Code, the Contracting Officer shall be paid a contract preparation fee of $75.00. Any Participating Political Subdivision canceling an election will not be liable for any further costs incurred by the Contracting Officer. iv) The Contracting Officer shall file copies of this contract with the County Judge and the County Auditor of Collin County, Texas. 5 May 1, 2021 Exhibit "A" Joint General and Special Election Collin County Early Voting Locations, Dates and Hours Polling Place Address City Allen ISD Service Center 1451 North Watters Road Allen 75002 Allen Municipal Courts Facility 301 Century Parkway Allen 75013 Anna ISD Board Room 501 S. Sherley Avenue Anna 75409 Bennett Elementary School 7760 Coronado Dr McKinney 75070 Blue Ridge ISD Administration Building 318 W. School Street Blue Ridge 75424 Carpenter Park Recreation Center 6701 Coit Road Plano 75024 Cockrill Middle School 1351 N Hardin Blvd McKinney 75071 Collin College Frisco Campus 9700 Wade Blvd Frisco 75035 Collin College Higher Education Center 3452 Spur 399 McKinney 75069 Collin College McKinney Campus 2200 W. University Drive McKinney 75071 Collin College Plano Campus 2800 E. Spring Creek Parkway Plano 75074 Collin College Wylie Campus 391 Country Club Road Wylie 75098 Collin County Elections Office 2010 Redbud Blvd. Ste 102 McKinney 75069 Davis Library 7501A Independent Parkway Plano 75025 Dowell Middle School 301 S. Ridge Road McKinney 75072 Evans Middle School 6998 W. Eldorado Parkway McKinney 75072 Farmersville City Hall 205 S. Main Street Farmersville 75442 Faubion Middle School 2000 Rollins Street McKinney 75069 Frisco Fire Station #8 14700 Rolater Road Frisco 75034 Gay Library 6861 W. Eldorado Parkway McKinney 75070 Haggard Library 2501 Coit Road Plano 75075 Harrington Library 1501 18th Street Plano 750742 Hunt Middle School 4900 Legendary Drive Frisco 75034 Lovejoy ISD Administration Building 259 Country Club Road Allen 75002 Lucas Community Center 665 Country Club Road Lucas 75002 Maus Middle School 12175 Coit Road Frisco 75035 McKinney Boyd High School 600 Lake Forest Dr McKinney 75071 McKinney Fire Station #5 6600 Virginia Parkway McKinney 75071 McKinney Fire Station #7 861 Independence Parkway McKinney 75072 McKinney High School 1400 E. Wilson Creek Pkwy McKinney 75069 McKinney North High School 2550 Wilmeth Road McKinney 75071 Melissa City Hall 3411 Barker Avenue Melissa 75454 Michael J. Felix Community Center -Room A & E 3815-E Sachse Raod Sachse 75048 Murphy Community Center 205 N. Murphy Road Murphy 75094 New Hope Town Hall 121 Rockcrest Road New Hope 75069 Parker City Hall 5700 E. Parker Road Parker 75002 Parr Library 6200 Windhaven Parkway Plano 75093 Plano ISD Administration Center 2700 W. 15th Street Plano 75075 Prosper Town Hall -Community Room 250 W. First Street Prosper 75078 Renner Frankford Library 6400 Frankford Road Dallas 75252 Richardson Civic Center / City Hall 411 W. Arapaho Road Richardson 75080 Roy and Helen Hall Memorial Library 1101 E. Hunt Street McKinney 75069 May 1, 2021 Exhibit "A" Joint General and Special Election Collin County Early Voting Locations, Dates and Hours Polling Place Address City Scott Johnson Middle School 3400 Community Blvd. McKinney 75071 Slaughter Elementary School 2706 Wolford Street McKinney 75070 Smith Library 300 Country Club Drive Wylie 75098 St Paul Town Hall 2505 Butscher Block Wylie 75098 Sunday Monday Tuesday Wednesday Thursday Friday Saturday April 18 April 19 Early April 20 Early April 21 Early April 22 Early April 23 Early April 24 Early Voting 8am - Voting 8am - Voting 8am - Voting Sam - Voting 8am - Voting Sam - 5pm 5pm 5pm 5pm 5pm 5pm April 25 April 26 Early April 27 Early April 28 April 29 April 30 May 1 Voting 7am - Voting 7am - Election Day 7pm 7pm 7am - 7pm May 1, 2021 Exhibit "B" Joint General and Special Election Collin County Election Day Vote Centers 7am - 7pm Polling Place Address City Aldridge Elementary School 720 Pleasant Valley Lane Richardson 75080 Allen ISD Service Center 1451 North Watters Road Allen 75002 Allen Municipal Courts Facility 301 Century Parkway Allen 75013 Anna ISD Board Room 501 S. Sherley Avenue Anna 75409 Armstrong Middle School 3805 Timberline Drive Plano 75074 Bennett Elementary School 7760 Coronado Dr McKinney 75070 Bethany Elementary School 2418 Micarta Drive Plano 75025 Blue Ridge ISD Administration Building 318 W. School Street Blue Ridge 75424 Bowman Middle School 2501 Jupiter Road Plano 75074 Carpenter Middle School 3905 Rainier Drive Plano 75023 Cockrill Middle School 1351 N Hardin Blvd McKinney 75071 Collin College Frisco Campus 9700 Wade Blvd Frisco 75035 Collin College Higher Education Center 3452 Spur 399 McKinney 75069 Collin College McKinney Campus 2200 W. University Drive McKinney 75071 Collin College Plano Campus 2800 E. Spring Creek Parkway Plano 75074 Collin College Wylie Campus 391 Country Club Road Wylie 75098 Collin County Elections Office 2010 Redbud Blvd. Ste 102 McKinney 75069 Dowell Middle School 301 S. Ridge Road McKinney 75072 Evans Middle School 6998 W. Eldorado Parkway McKinney 75072 Fairview Town Hall 372 Town Place Fairview 75069 Farmersville City Hall 205 S. Main Street Farmersville 75442 Faubion Middle School 2000 Rollins Street McKinney 75069 Frisco Fire Station #8 14700 Rolater Road Frisco 75034 Gay Library 6861 W. Eldorado Parkway McKinney 75070 Haggard Middle School 2832 Parkhaven Drive Plano 75075 Hendrick Middle School 7400 Red River Drive Plano 75025 Hunt Middle School 4900 Legendary Drive Frisco 75034 Lovejoy ISD Administration Building 259 Country Club Road Allen 75002 Lucas Community Center 665 Country Club Road Lucas 75002 Maus Middle School 12175 Coit Road Frisco 75035 McKinney Boyd High School 600 Lake Forest Dr McKinney 75071 McKinney Fire Station #5 6600 Virginia Parkway McKinney 75071 McKinney Fire Station #7 861 Independence Parkway McKinney 75072 McKinney High School 1400 E. Wilson Creek Pkwy McKinney 75069 McKinney North High School 2550 Wilmeth Road McKinney 75071 Melissa City Hall 3411 Barker Avenue Melissa 75454 Michael J. Felix Community Center -Room A & B 3815-E Sachse Raod Sachse 75048 Miller Elementary School 5651 Coventry Drive Richardson 75082 Murphy Community Center 205 N. Murphy Road Murphy 75094 New Hope Town Hall 121 Rockcrest Road New Hope 75069 Parker City Hall 5700 E. Parker Road Parker 75002 Parr Library 6200 Windhaven Parkway Plano 75093 Plano ISD Administration Center 2700 W. 15th Street Plano 75075 Prosper Town Hall -Community Room 250 W. First Street Prosper 75078 May 1, 2021 Exhibit "B" Joint General and Special Election Collin County Election Day Vote Centers 7am - 7pm Polling Place Address City Renner Frankford Library 6400 Frankford Road Dallas 75252 Richardson Civic Center / City Hall 411 W. Arapaho Road Richardson 75080 Robinson Middle School 6701 Preston Meadow Drive Plano 75024 Rose Haggar Elementary School 17820 Campbell Road Dallas 75252 Roy and Helen Hall Memorial Library 101 E. Hunt Street McKinney 75069 Schimelpfenig Middle School 2400 Maumelle Drive Plano 75023 Scott Johnson Middle School 3400 Community Blvd. McKinney 75071 Shepton High School 5505 Plano Parkway Plano 75093 Slaughter Elementary School 2706 Wolford Street McKinney 75070 Smith Library 300 Country Club Drive Wylie 75098 St Paul Town Hall 2505 Butscher Block Wylie 75098 Terry Pope Administration Building 611 North FM 1138 Nevada 75173 Tom Muehlenbeck Recreation Center 15801 W. Parker Road Plano 75093 Wilson Middle School 11001 Custer Road Plano 75075 Important Note: Eligible Collin County registered voters (with an effective date of registration on or before May 1, 2021) may vote at any of the above Election Day Vote Center locations. Collin County Exhibit "C-1" Election Services Estimate May 1, 2021 Joint General and Special Election Election Wide Category Units or Description Cost Per Unit Election Estimate Election Actual Kits - Mail Ballots 5,000 $ 1.15 $ 5,750.00 Postage 5,000 $ 0.88 $ 4,400.00 Paper Ballot Printing Services $ 0.31 $ - Paper Ballot Shipping (per box) $ 30.00 $ - Ballot Stock - BOD 5,000 $ 0.10 $ 500.00 Category Subtotal $ 10,650.00 Mileage $ 500.00 Van / Car Rental $ 6,000.00 Election Night Receiving Cover $ 2,680.00 Polling Place Rental $ - Notice of Election $ 7,000.00 Security - EV $ - Security - ED $ - Early Voting Ballot Board $ 1,950.00 FICA - Election Workers $ 2,500.00 County Employee/IT Overtime - EV $ 35,000.00 Process Pollworker Checks - EV 5 per location $ 1.50 $ 352.50 Process Pollworker Checks - ED 5 per location $ 1.50 $ 427.50 Process Election Judge Notices 104 $ 1.50 $ 156.00 Drayage Per Location - ED 57 $ 50.00 $ 2,850.00 Drayage Per Location - EV 47 $ 50.00 $ 2,350.00 Category Subtotal $ 61,766.00 Coding Servies $ 10,000.00 Balotar Programming $ 450.00 Category Subtotal $ 10,450.00 Election Judge OT - EV $ 21.00 $ 283.50 Alternate Judge OT - EV $ 19.50 $ 253.50 Clerk OT - EV 141 $ 18.00 $ 34,263.00 ES&S Support Staff / Field Techs - EV 6 @30 for 10 days $ - $ 18,000.00 Pick and Delivery of Supplies - EV 47 $ 25.00 $ 1,175.00 Equipment Assembly - EV 47 $ 50.00 $ 2,350.00 Category Subtotal $ 56,325.00 ES&S Support Staff/Field Techs - ED 6 @30 for 14 hrs $ 30.00 $ 2,520.00 Pick up and Delivery of Election Supplies 57 $ 25.00 $ 1,425.00 Equipment Assembly - ED 57 $ 50.00 $ 2,850.00 Category Subtotal $ 6,795.00 Election Night Vendor Support Per Election $ 10,000.00 $ 10,000.00 Notice of Inspection/Tabulation Test Per Election $ 3,000.00 $ 3,000.00 Category Subtotal $ 13,000.00 10 Collin County Exhibit "C-1" Election Services Estimate May 1, 2021 Joint General and Special Election Category Units or Description Cost Per Unit Election Estimate Election Actual Supply Ballots - Card Stock ExpressVote - EV 11,000 $ 0.32 $ 3,520.00 Ballots - Card Stock ExpressVote - ED 10,000 $ 0.32 $ 3,200.00 Kits - ED 57 $ 19.00 $ 1,083.00 Kits - EV 47 $ 19.00 $ 893.00 Kits - Provisional EV 47 $ 38.10 $ 1,790.70 Kits - Provisional ED 57 $ 38.10 $ 2,171.70 Polling Place Maps - EV 47 $ 25.00 $ 1,175.00 Polling Place Maps - ED 57 $ 25.00 $ 1,425.00 Signs Metal - ED 57 $ 5.00 $ 285.00 Signs Wood - ED 5 per location $ 2.00 $ 470.00 Ballot Card Stock - Provisional - EV 50 per location $ 0.14 $ 329.00 Ballot Card Stock - Provisional - ED 50 per location $ 0.14 $ 399.00 Ballots - Sample - EV 50 per location $ 0.29 $ 681.50 Ballots - Sample - ED 50 per location $ 0.29 $ 826.50 Ballots - Sample All Race - EV 47 $ 0.87 $ 40.89 Ballots - Sample All Race - ED 57 $ 0.87 $ 49.59 Printer Labels - EV 47 $ 5.00 $ 235.00 Printer Labels - ED 57 $ 5.00 $ 285.00 Category Subtotal $ 18,859.88 Cabinet Security - EV 47 $ 200.00 $ 9,400.00 Cabinet Security - ED 57 $ 200.00 $ 11,400.00 Computer Cabinet - EV 47 $ 50.00 $ 2,350.00 Cabinet Drayage - EV 47 $ 180.00 $ 8,460.00 Cabinet Drayage - ED 57 $ 180.00 $ 10,260.00 DS200 Ballot Counter - EV 47 $ 350.00 $ 16,450.00 DS200 Ballot Counter - ED 57 $ 350.00 $ 19,950.00 ExpressVote - EV 9 per location $ 200.00 $ 84,600.00 Expres Vote - ED 9 per location $ 200.00 $ 102,600.00 ExpressTouch - EV 47 $ 200.00 $ 9,400.00 ExpressTouch - ED 57 $ 200.00 $ 11,400.00 Metal Signs 5 per location 52 $ 1.00 $ 520.00 Wood Signs 104 $ 2.00 $ 208.00 Category Subtotal $ 286,998.00 Election Judge - EV $ 14.00 $ 47,376.00 Electino Judge - ED $ 14.00 $ 9,576.00 Alternate Election Judge - EV $ 13.00 $ 43,992.00 Alternate Electino Judge - ED $ 13.00 $ 8,892.00 Clerk - EV 3 per location $ 12.00 $ 131,976.00 Clerk - ED 3 per location $ 12.00 $ 24,624.00 Judge Delivery - EV 47 $ 25.00 $ 1,175.00 Judge Delivery - ED 57 $ 25.00 $ 1,425.00 Category Subtotal $ 269,036.00 11 Collin County Election Services Estimate May 1, 2021 Joint General and Special Election City of Allen 65647 3.69% $ 27,062.39 $ 24,356.15 City of Anna 9510 0.53% $ 3,920.41 $ 3,528.37 City of Blue Ridge 516 0.03% $ 1,500.00 $ 1,350.00 City of Carrollton 331 0.02% $ 1,500.00 $ 1,350.00 City of Celina 9831 0.55% $ 4,052.74 $ 3,647.47 City of Dallas 29636 1.66% $ 12,217.18 $ 10,995.46 Town of Fairview 7966 0.45% $ 3,283.91 $ 2,955.52 City of Farmersville 1930 0.11 % $ 1,500.00 $ 1,350.00 City of Frisco 65739 3.69% $ 27,100.32 $ 24,390.29 City of Garland 173 0.01 % $ 1,500.00 $ 1,350.00 City of Lavon 2716 0.15% $ 1,500.00 $ 1,350.00 City of Lucas 5671 0.32% $ 2,337.82 $ 2,104.04 City of McKinney 113834 6.39% $ 46,927.06 $ 42,234.35 City of Melissa 8545 0.48% $ 3,522.60 $ 3,170.34 City of Nevada 956 0.05% $ 1,500.00 $ 1,350.00 Town of New Hope 500 0.03% $ 1,500.00 $ 1,350.00 City of Parker 3935 0.22% $ 1,622.17 $ 1,459.95 City of Plano 169825 9.54% $ 70,008.85 $ 63,007.96 Town of Prosper 15538 0.87% $ 6,405.40 $ 5,764.86 City of Richardson 22783 1.28% $ 9,392.09 $ 8,452.88 City of Sachse 6011 0.34% $ 2,477.98 $ 2,230.18 Town of Saint Paul 761 0.04% $ 1,500.00 $ 1,350.00 City of Wylie 31007 1.74% $ 12,782.36 $ 11,504.12 Collin County Community College 635470 35.70% $ 261,966.86 $ 235,770.18 Allen Independent School District 68108 3.83% $ 28,076.92 $ 25,269.23 Anna Independent School District 11669 0.66% $ 4,810.44 $ 4,329.40 Community Independent School District 9005 0.51 % $ 3,712.23 $ 3,341.01 Farmersville Independent School District 5745 0.32% $ 2,368.33 $ 2,131.49 Frisco Independent School District 99794 5.61% $ 41,139.19 $ 37,025.27 Lovejoy Independent School District 12119 0.68% $ 4,995.95 $ 4,496.36 McKinney Independent School District 84811 4.76% $ 34,962.58 $ 31,466.32 Melissa Independent School District 10871 0.61% $ 4,481.47 $ 4,033.33 Plano Independent School District 222438 12.49% $ 91,698.09 $ 82,528.28 Prosper Independent School District 36877 2.07% $ 15,202.22 $ 13,681.99 Bear Creek Special Utility District 3868 0.22% $ 1,594.55 $ 1,435.09 Marilee Special Utility District 2275 0.13% $ 1,500.00 $ 1,350.00 North Collin Special Utility District 3806 0.21 % $ 1,568.99 $ 1,412.09 East Fork Fresh Water Supply Dist. 1 3 0.00% $ 500.00 $ 450.00 Total Registered Voters 1780220 100.00% Exhibit "C-2" 12 Collin County Exhibit "D" Election Services Estimate May 1, 2021 Joint General and Special Election City of Anna Registered Voters 9,510 Percentage 0.53% Units or Cost Election Election Your Your Summary of Costs VotingEarly by Mail Description Per Unit Estimate Actual Estimate Actual Kits - Mail Ballots 5,000 $ 1.15 $ 5,750.00 $ 30.72 Postage 5,000 $ 0.88 $ 4,400.00 $ 23.50 Paper Ballot Printing Services $ 0.31 $ - $ - Paper Ballot Shipping (per box) $ 30.00 $ - $ - Ballot Stock - BOD 5,000 $ 0.10 $ 500.00 $ 2.67 Category Subtotal $ 10,650.00 $ 56.89 Mileage $ 500.00 $ 2.67 Van / Car Rental $ 6,000.00 $ 32.05 Election Night Receiving Cover $ 2,680.00 $ 14.32 Polling Place Rental $ - $ - Notice of Election $ 7,000.00 $ 37.39 Security - EV $ - $ - Security - ED $ - $ - Early Voting Ballot Board $ 1,950.00 $ 10.42 FICA - Election Workers $ 2,500.00 $ 13.36 County Employee/IT Overtime - EV $ 35,000.00 $ 186.97 Process Pollworker Checks - EV 5 per location $ 1.50 $ 352.50 $ 1.88 Process Pollworker Checks - ED 5 per location $ 1.50 $ 427.50 $ 2.28 Process Election Judge Notices 104 $ 1.50 $ 156.00 $ 0.83 Drayage Per Location - ED 57 $ 50.00 $ 2,850.00 $ 15.22 Drayage Per Location - EV 47 $ 50.00 $ 2,350.00 $ 12.55 Category Subtotal $ 61,766.00 $ 329.96 Programming Coding Servies $ 10,000.00 $ 53.42 Balotar Programming $ 450.00 $ 2.40 Category Subtotal $ 10,450.00 $ 55.82 Election Judge OT - EV $ 21.00 $ 283.50 $ 1.51 Alternate Judge OT - EV $ 19.50 $ 253.50 $ 1.35 Clerk OT - EV 141 $ 18.00 $ 34,263.00 $ 183.03 ES&S Support Staff / Field Techs - EV 6 @30 for 10 days $ - $ 18,000.00 $ 96.16 Pick and Delivery of Supplies - EV 47 $ 25.00 $ 1,175.00 $ 6.28 Equipment Assembly - EV 47 $ 50.00 $ 2,350.00 $ 12.55 Category Subtotal $ 56,325.00 $ 300.89 ES&S Support Staff/Field Techs - ED 6 @30 for 14 hrs $ 30.00 $ 2,520.00 $ 13.46 Pick up and Delivery of Election Supplies 57 $ 25.00 $ 1,425.00 $ 7.61 Equipment Assembly - ED 57 $ 50.00 $ 2,850.00 $ 15.22 Category Subtotal Tabulation $ 6,795.00 $ 36.30 Election Night Vendor Support Per Election $ 10,000.00 $ 10,000.00 $ 53.42 Notice of Inspection/Tabulation Test Per Election $ 3,000.00 $ 3,000.00 $ 16.03 Category Subtotal $ 13,000.00 $ 69.45 13 Collin County Election Services Estimate May 1, 2021 Joint General and Special Election Exhibit "D" Summary of Costs Units or Cost Election Election Your Description Per Unit Estimate Actual Estimate Ballots - Card Stock ExpressVote - EV 11,000 $ 0.32 $ 3,520.00 $ 18.80 Ballots - Card Stock ExpressVote - ED 10,000 $ 0.32 $ 3,200.00 $ 17.09 Kits - ED 57 $ 19.00 $ 1,083.00 $ 5.79 Kits - EV 47 $ 19.00 $ 893.00 $ 4.77 Kits - Provisional EV 47 $ 38.10 $ 1,790.70 $ 9.57 Kits - Provisional ED 57 $ 38.10 $ 2,171.70 $ 11.60 Polling Place Maps - EV 47 $ 25.00 $ 1,175.00 $ 6.28 Polling Place Maps - ED 57 $ 25.00 $ 1,425.00 $ 7.61 Signs Metal - ED 57 $ 5.00 $ 285.00 $ 1.52 Signs Wood - ED 5 per location $ 2.00 $ 470.00 $ 2.51 Ballot Card Stock - Provisional - EV 50 per location $ 0.14 $ 329.00 $ 1.76 Ballot Card Stock - Provisional - ED 50 per location $ 0.14 $ 399.00 $ 2.13 Ballots - Sample - EV 50 per location $ 0.29 $ 681.50 $ 3.64 Ballots - Sample - ED 50 per location $ 0.29 $ 826.50 $ 4.42 Ballots - Sample All Race - EV 47 $ 0.87 $ 40.89 $ 0.22 Ballots - Sample All Race - ED 57 $ 0.87 $ 49.59 $ 0.26 Printer Labels - EV 47 $ 5.00 $ 235.00 $ 1.26 Printer Labels - ED 57 $ 5.00 $ 285.00 $ 1.52 Category Subtotal $ 18,859.88 $ 100.75 Cabinet Security - EV 47 $ 200.00 $ 9,400.00 $ 50.22 Cabinet Security - ED 57 $ 200.00 $ 11,400.00 $ 60.90 Computer Cabinet - EV 47 $ 50.00 $ 2,350.00 $ 12.55 Cabinet Drayage - EV 47 $ 180.00 $ 8,460.00 $ 45.19 Cabinet Drayage - ED 57 $ 180.00 $ 10,260.00 $ 54.81 DS200 Ballot Counter - EV 47 $ 350.00 $ 16,450.00 $ 87.88 DS200 Ballot Counter - ED 57 $ 350.00 $ 19,950.00 $ 106.57 ExpressVote - EV 9 per location $ 200.00 $ 84,600.00 $ 451.94 Expres Vote - ED 9 per location $ 200.00 $ 102,600.00 $ 548.09 ExpressTouch - EV 47 $ 200.00 $ 9,400.00 $ 50.22 ExpressTouch - ED 57 $ 200.00 $ 11,400.00 $ 60.90 Metal Signs 5 per location $ 1.00 $ 520.00 $ 2.78 Wood Signs 104 $ 2.00 $ 208.00 $ 1.11 Category Subtotal $ 286,998.00 $ 1,533.15 Election Judge - EV $ 14.00 $ 47,376.00 $ 253.08 Electino Judge - ED $ 14.00 $ 9,576.00 $ 51.16 Alternate Election Judge - EV $ 13.00 $ 43,992.00 $ 235.01 Alternate Electino Judge - ED $ 13.00 $ 8,892.00 $ 47.50 Clerk - EV 3 per location $ 12.00 $ 131,976.00 $ 705.02 Clerk - ED 3 per location $ 12.00 $ 24,624.00 $ 131.54 Judge Delivery - EV 47 $ 25.00 $ 1,175.00 $ 6.28 Judge Delivery - ED 57 $ 25.00 $ 1,425.00 $ 7.61 Category Subtotal $ 269,036.00 $ 1,437.20 Your Actual 14 WITNESS BY MY HAND THIS DAY OF WITNESS BY MY HAND THIS is Jim Proce, City Manager City of Anna 2021. Bruce Sherbet, Elections Administrator Collin County, Texas DAY OF 2021. Attest: Carrie Land, City Secretary City of Anna 15 CITY OF ANNA (CIUDAD DE ANNA) ORDER OF ELECTION FOR MUNICIPALITIES (ORDEN DE ELECCION PARA LOS MUNICIPIOS) To the Registered Voters of Anna, Texas: (A los votantes registrados de Anna, Texas.) Notice is hereby given that the polling places listed below will be open from 7:00 a.m. to 7:00 p.m., on May 1, 2021, for voting in a municipal election to elect Mayor and one (1) Council Member, Place 1 for three-year terms. (Se hace saber que las casillas electorales citadas abajo se abriran desde las 7:00 am a 7:00 pm, el 1 de mayo de 2021 para el estano de votaci6n una elecci6n municipal para elegir a tres (3) miembros del Consejo, situando 3 y 5 periodos de tres anos. Situando 4 periodos de dos anos.) LOCATION OF POLLING PLACE: (DIRECCION DEL CENTRO DE VOTACION:) Anna Independent School District, Board Room 201 E. 7t" Street Anna, Texas 75409 Early voting by personal appearance will be conducted each weekday at: (La votaci6n en adelantada en persona se Ilevara a cabo de tunes a viernes en.) Anna Independent School District, Board Room 201 E. 7t" Street Anna, Texas 75409 Beginning on April 19, 2021 (Comenzar el 19 de abril de 2021) Monday April 19, 2021 8:00 a.m. to 5:00 p.m. (tunes el 19 de abril, 8:00 de la manana hasty las 5:00 de la tardej Tuesday April 20, 2021 8:00 a.m. to 5:00 p.m. (Mantes e120 de abril, 8:00 de la manana hasty las 5:00 de la tardej Wednesday April 21, 2021 8:00 a.m. to 5:00 p.m. (Miercoles e121 de abril, 8:00 de la manana hasty las 5:00 de la tardej Thursday April 22, 2021 8:00 a.m. to 7:00 p.m. (Jueves e122 de abril, 8:00 de la manana hasty las 5:00 de la tarde,) Friday April 23, 2021 8:00 a.m. to 5:00 p.m. (Viemes e123 de abril, 8:00 de la manana hasty las 5:00 de la tardej Saturday April 24, 2021 8.00 a.m. to 5.00 p.m. (Sabado el 24 de abril, 8.00 de la manana hasty las 5.00 de la tardej Monday April 26, 2021 7.00 a.m. to 7.00 p.m. (tunes e126 de abril, 7:00 de la manana hasty las 7:00 de la tardej Tuesday April 27, 2021 7:00 a.m. to 7:00 p.m. (Martes e127 de abril, 7:00 de la manana hasty las 7:00 de la tarde,) And ending on April 27, 2021. (Terming el 27 de abril de 2021.) Applications for ballot by mail shall be mailed to: (Las solicitudes para boletas del voto en ausencia por correo deberan enviarse a.) Bruce Sherbet, Election Administrator 2010 Redbud Blvd., Ste. 102 McKinney, Texas 75069 Applications for ballots by mail must be received no later than the close of business on April 20, 2021. (Las solicitudes para boletas del voto en ausencia por correo deberan recibirse para el fin de las horas de negocio el 20 de abril de 2021.) Carrie L. Land, City of Anna, City Secretary THE CITY OF Anna AGENDA ITEM: Item No. 7.b. City Council Agenda Staff Report Meeting Date: 2/9/2021 Staff Contact: Taylor Lough Consider/Discuss/Action on an Ordinance calling a bond election for May 1. (Economic Development Manager Taylor Lough) SUMMARY: Council to consider adopting an ordinance calling a bond election to be held within the City of Anna on May 1, 2021. FINANCIAL IMPACT: If all three propositions, totaling $58 million are approved by voters, the average property owner with a $230,000 home within the City of Anna may see their property taxes increase $8.27 per month or $99.28 per year. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 2: Anna - Great Place to Live Goal 3: Sustainable Anna Community Through Planned Managed Growth 6*1/_1;1y:7x010]JilLTA 1401B7_NIIQkiI Move to adopt an Ordinance calling a Bond Election for May 1, 2021 in the amounts of $8 million for Proposition A, $22 million for Proposition B, and $28 million for Proposition C. ATTACHMENTS: 1. Ordinance Calling a Bond Election 2. Voter Information APPROVALS: Taylor Lough, Economic Development Administrator Created/Initiated - 2/5/2021 Jim Proce, City Manager Final Approval - 2/5/2021 ORDINANCE NO. -2021 ORDINANCE CALLING A BOND ELECTION THE STATE OF TEXAS § COLLIN COUNTY § CITY OF ANNA § WHEREAS, the City Council of the City of Anna, Texas (the "City") deems it advisable to call the bond election hereinafter ordered (the "Election"); and WHEREAS, it is hereby officially found and determined that the meeting at which this Ordinance was adopted was open to the public, and public notice of the time, place, and purpose of the meeting was given, all as required by the Texas Government Code, Chapter 551. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Findings. The statements contained in the preamble of this Ordinance are true and correct and adopted as findings of fact and operative provisions hereof. Section 2. Election Ordered; Polling Places. The Election shall be held in the City between the hours of 7:00 a.m. and 7:00 p.m. on May 1, 2021 ("Election Day"), at the respective polling places designated by Collin County in the Election Contract (defined below) as set forth in Exhibit A below, which exhibit shall be modified to include additional or different Election Day polling places required to conform to the Election Contract and the Code. Section 3. Early Voting. Early voting shall be conducted by personal appearance at the locations set forth in Exhibit B below and during the period early voting is required or permitted by law, being April 19, 2021, through April 27, 2021, which exhibit shall be modified to include additional or different early voting polling places, dates and times required to conform to the Election Contract and the Code. Any voter who is entitled to vote an early ballot by personal appearance may do so at any Early Voting Polling Place listed in Exhibit B below. Applications for early voting by mail shall be sent to Bruce Sherbet, Elections Administrator, 2010 Redbud Blvd., Suite 102, McKinney, Texas 75069. The Early Voting Clerk for the special election shall be Bruce Sherbet, Elections Administrator. Applications for voting by mail for all residents of the City shall delivered not later than April 20, 2021. Section 4. Election Officials. The election shall be administered by the Collin County Elections Administration pursuant to the Contract for Joint Election Services between the City and Collin County Elections Administration (the "Election Contract"). The City Manager is hereby authorized and directed to enter into such Election Contract with Collin County Elections Administration and to execute such Election Agreement on behalf of the City. The persons to serve as officers to conduct said election and an early ballot board to process early voting results shall be appointed pursuant to the Contract. Section 5. Qualified Voters. All qualified electors of and residing in the City, shall be entitled to vote at the election. Section 6. Propositions. At the Election the following PROPOSITIONS shall be submitted in accordance with law: CITY OF ANNA, TEXAS SPECIAL ELECTION CITY OF ANNA, TEXAS PROPOSITION A Shall the City Council of the City of Anna, Texas be authorized to issue the bonds of the City, in one or more series, in the aggregate principal amount of $8,000,000 for the purpose of constructing and acquiring a fire station and related improvements and equipment, with said bonds to be issued in one or more series or issues, to mature serially or otherwise not to exceed 40 years from their date, and bear interest at such rate or rates, not to exceed the respective limits prescribed by law at the time of issuance, and to be sold at such price or prices, as the City Council in its discretion shall determine; and shall there be levied and pledged, assessed and collected annually ad valorem taxes on all taxable property in said City in an amount sufficient to pay the annual interest on said bonds and provide a sinking fund to pay said bonds at maturity? CITY OF ANNA, TEXAS SPECIAL ELECTION CITY OF ANNA, TEXAS PROPOSITION B Shall the City Council of the City of Anna, Texas be authorized to issue the bonds of the City, in one or more series, in the aggregate principal amount of $22,000,000 for the purpose of acquiring, designing, construction and equipping a community library that includes multipurpose meeting spaces and classrooms, with said bonds to be issued in one or more series or issues, to mature serially or otherwise not to exceed 40 years from their date, and bear interest at such rate or rates, not to exceed the respective limits prescribed by law at the time of issuance, and to be sold at such price or prices, as the City Council in its discretion shall determine; and shall there be levied and pledged, assessed and collected annually ad valorem taxes on all taxable property in said City in an amount sufficient to pay the annual interest on said bonds and provide a sinking fund to pay said bonds at maturity? CITY OF ANNA, TEXAS SPECIAL ELECTION CITY OF ANNA, TEXAS PROPOSITION C Shall the City Council of the City of Anna, Texas be authorized to issue the bonds of the City, in one or more series, in the aggregate principal amount of $28,000,000 for the purpose of acquiring, designing, constructing, and equipping parks and recreation facilities, including without limitation land acquisition, feasibility studies, park improvements, recreation and sports facilities, and trails, with said bonds to be issued in one or more series or issues, to mature serially or otherwise not to exceed 40 years from their date, and bear interest at such rate or rates, not to exceed the respective limits prescribed by law at the time of issuance, and to be sold at such price or prices, as the City Council in its discretion shall determine; and shall there be levied and pledged, assessed and collected annually ad valorem taxes on all taxable property in said City in an amount sufficient to pay the annual interest on said bonds and provide a sinking fund to pay said bonds at maturity? Section 7. Ballots. The official ballots for the Election shall be prepared in accordance with the Texas Election Code so as to permit the electors to vote "FOR" or "AGAINST" the aforesaid PROPOSITIONS with the ballots to contain such provisions, markings and language as required by law, and with such PROPOSITIONS to be expressed substantially as follows: 2 CITY OF ANNA, TEXAS SPECIAL ELECTION CITY OF ANNA, TEXAS PROPOSITION A FOR ) THE ISSUANCE OF $8,000,000 OF BONDS BY THE CITY OF ANNA, TEXAS FOR A FIRE STATION AND EQUIPMENT. TAXES AGAINST ) SUFFICIENT TO PAY THE PRINCIPAL OF AND INTEREST ON THE BONDS WILL BE IMPOSED. CITY OF ANNA, TEXAS SPECIAL ELECTION CITY OF ANNA, TEXAS PROPOSITION B FOR ) THE ISSUANCE OF $22,000,000 OF BONDS BY THE CITY OF ANNA, TEXAS FOR A COMMUNITY LIBRARY. TAXES SUFFICIENT TO PAY AGAINST ) THE PRINCIPAL OF AND INTEREST ON THE BONDS WILL BE ) IMPOSED. CITY OF ANNA, TEXAS SPECIAL ELECTION CITY OF ANNA, TEXAS PROPOSITION C FOR ) THE ISSUANCE OF $28,000,000 OF BONDS BY THE CITY OF ANNA, TEXAS FOR PARKS AND RECREATION IMPROVEMENTS. TAXES AGAINST ) SUFFICIENT TO PAY THE PRINCIPAL OF AND INTEREST ON THE BONDS WILL BE IMPOSED. Section 8. Compliance with State and Federal Law. In all respects, the Election shall be conducted in accordance with the Code. Pursuant to the federal Help America Vote Act ("HAVA") and the Code, at each polling place there shall be at least one voting system that is equipped for disabled individuals, and each such voting system shall be a system that has been certified by the Texas Secretary of State as compliant with HAVA and the Code. The City hereby finds that the voting system to be used by the Collin County Elections Administration in administering the Election is such a system, and orders that such voting equipment or other equipment certified by the Texas Secretary of State shall be used by the City in its elections. Section 9. Debt Obligations. The following information is provided in accordance with the provisions of Section 3.009(b), Texas Election Code. (a) The proposition language that will appear on the ballot is set forth in Section 7 hereof. (b) The purpose for which the bonds are to be authorized is set forth in Section 6 hereof. (c) The principal amount of the debt obligations to be authorized is $58,000,000. (d) If the bonds are approved by the voters, the City Council will be authorized to levy annual ad valorem taxes, on all taxable property in the City, sufficient, within the limits prescribed by law, to pay the principal of and interest on the bonds. (e) Based upon the bond market conditions at the date of adoption of this Ordinance, the maximum interest rate for any series of the bonds is estimated to be 3.16%. Such estimate takes into account a number of factors, including the issuance schedule, maturity schedule and the expected bond ratings of the proposed bonds and notes. Such estimated maximum interest rate is 3 provided as a matter of information but is not a limitation on the interest rate at which the bonds or notes, or any series thereof, may be sold. (f) If the bonds are approved, they may be issued in one or more series, to mature serially, over a period not to exceed the maximum number of years authorized by law. (g) The aggregate amount of the outstanding principal of the City's debt obligations as of the date of this Ordinance is $47,927,000. (h) The aggregate amount of the outstanding interest of the City's debt obligations as of the beginning as of the date of this Ordinance is $26,404,380. (i) The ad valorem debt service tax rate for the City as of the date of this Ordinance is $0.115947 per $100 of taxable assessed valuation. 4 EXHIBIT A ELECTION DAY POLLING PLACES [Voters may vote at the following locations within the City and at any of the additional listed Election Day Vote Centers open under full contract services with the Collin County Elections Administration.] Polling Place Address City Allen ISD Service Center -Main Foyer 1451 N. Watters Road Allen 75002 Allen Municipal Courts Facility -Community Room 301 Century Parkway Allen 75013 Anna ISD-Board Room 501 S. Sherley Avenue Anna 750409 Bennett Elementary School 7760 Coronado Dr McKinney 75070 Blue Ridge ISD Administration Building 318 West School Street Blue Ridge 75424 Carpenter Park Recreation Center 6701 Coit Road Plano 75024 Cockrill Middle School 1351 N Hardin Blvd McKinney 75071 Collin College Frisco Campus-J113 9700 Wade Blvd Frisco 75035 Collin College - Higher Education Center -Lobby 3452 Spur 399 McKinney 75069 Collin College McKinney Campus -Atrium C Wing 2200 W. University Drive McKinney 75071 Collin College Plano Campus 2800 Spring Creek Parkway Plano 75074 Collin College Wylie Campus -Conference Center 391 Country Club Road Wylie 75098 Collin County Elections Office 2010 Redbud Blvd, Ste. 102 McKinney 75069 Davis Library -Program Room 7501A Independent Parkway Plano 75025 Dowell Middle School 301 S. Ridge Road McKinney 75072 Evans Middle School 6998 W. Eldorado Parkway McKinney 75072 Fairview Town Hall -Council Chambers 372 Town Place Fairview 75069 Farmersville City Hall -Council Chambers 205 S. Main Street Farmersville 75442 Faubion Middle School 2000 Rollins Street McKinney 75069 Frisco Fire Station #8-Training Room 14700 Rolater Road Frisco 75034 Gay Library -Meeting Room 6861 W. Eldorado Parkway McKinney 75070 Haggard Middle School -Vestibule East Entrance 2832 Parkhaven Drive Plano 75075 Hendrick Middle School 7400 Red River Drive Plano 75025 Hunt Middle School 4900 Legendary Drive Frisco 75034 Lavon City Hall 120 School Road Lavon 75166 Lovejoy ISD Administration Building -Portable #1 259 Country Club Road Allen 75002 Lucas Community Center 665 Country Club Road Lucas 75002 Maus Middle School 12175 Coit Road Frisco 75035 McKinney Boyd High School 600 Lake Forest Dr McKinney 75071 McKinney Fire Station #5-Community Room 6600 Virginia Parkway McKinney 75071 McKinney Fire Station #7-Community Room 861 Independence Parkway McKinney 75072 McKinney High School 1400 E. Wilson Creek Pkwy McKinney 75069 McKinney North High School 2550 Wilmeth Road McKinney 75071 Melissa City Hall -Municipal Court Room 3411 Barker Avenue Melissa 75454 Michael J. Felix Community Center -Room A & B 3815-E Sachse Raod Sachse 75048 A-1 Miller Elementary School -Gym 5651 Coventry Drive Richardson 75082 Murphy Community Center -Homer and Marie Adams Room 205 N. Murphy Road Murphy 75094 New Hope Town Hall -Council Chambers 121 Rockcrest Road New Hope 75069 Parker City Hall 5700 E. Parker Road Parker 75002 Parr Library -Large Program Room 6200 Windhaven Parkway Plano 75093 Plano ISD Administration Center 2700 W. 15th Street Plano 75075 Prosper Town Hall -Community Room 250 W. First Street Prosper 75078 Renner Frankford Library -Auditorium 6400 Frankford Road Dallas 75252 Richardson Civic Center / City Hall -Parks Room 411 W. Arapaho Road Richardson 75080 Robinson Middle School 6701 Preston Meadow Plano 75024 Rose Haggar Elementary School -Gym 17820 Campbell Road Dallas 75252 Roy and Helen Hall Memorial Library 101 E. Hunt Street McKinney 75069 Schimelpfenig Middle School -Front Foyer 2400 Maumelle Drive Plano 75023 Scott Johnson Middle School 3400 Community Blvd. McKinney 75071 Shepton High School -Small Gym 5505 Plano Parkway Plano 75093 Slaughter Elementary School 2706 Wolford Street McKinney 75070 Smith Library -Lobby 300 Country Club Road Wylie 75098 St Paul Town Hall 2505 Butscher Block Wylie 75098 Terry Pope Administration Building -Board Room 611 North FM 1138 Nevada 75173 Tom Muehlenbeck Recreation Center -Meeting Room A 5801 W. Parker Road Plano 75093 Wilson Middle School-F 113 1001 Custer Road Plano 75075 A-2 EXHIBIT B EARLY VOTING POLLING PLACES Polling Place Address city Collin County Elections (Main Early Voting Location) 2010 Redbud Blvd. St 102 McKinney 75069 Bennett Elementary School 120 School Road Lavon 75166 Anna ISD-Board Room 318 W. School Street McKinney 75070 Allen Municipal Courts Facility -Community Room 7760 Coronado Dr Anna 75409 Allen ISD Service Center -Main Foyer 501 S. Sherley Avenue Allen 75013 Collin College Higher Education Center -Lobby 301 Century Parkway Farmersville 75442 Collin College McKinney Campus -Atrium C Wing 1451 North Watters Road McKinney 75071 Collin College Frisco Campus-J113 2800 E. Spring Creek Parkway McKinney 75071 Cockrill Middle School 2200 W. University Drive Frisco 75035 Carpenter Park Recreation Center 3452 Spur 399 Lucas 75002 Blue Ridge ISD Administration Building 9700 Wade Blvd Allen 75002 Evans Middle School 1351 N Hardin Blvd Frisco 75034 Dowell Middle School 6701 Coit Road Murphy 75094 Davis Library -Program Room 205 S. Main Street Sachse 75048 Collin College Wylie Campus -Con£ Center 103 301 S. Ridge Road McKinney 75071 Collin College Plano Campus 7501A Independent Parkway McKinney 75069 Harrington Library 2010 Redbud Blvd. Ste 102 McKinney 75072 Haggard Library -Large Program Room 391 Country Club Road Dallas 75252 Gay Library -Meeting Room 4900 Legendary Drive Prosper 75078 Frisco Fire Station #8-Training Room 1501 18th Street Allen 75002 Faubion Middle School 2501 Coit Road McKinney 75071 Farmersville City Hall -Council Chambers 6861 W. Eldorado Parkway McKinney 75069 McKinney Fire Station #5-Community Room 14700 Rolater Road Frisco 75035 McKinney Boyd High School 2000 Rollins Street McKinney 75071 Maus Middle School 861 Independence Parkway Plano 75024 Lucas Community Center 6600 Virginia Parkway Blue Ridge 75424 Lovejoy ISD Administration Building -Portable #1 600 Lake Forest Dr McKinney 75072 Hunt Middle School 12175 Coit Road McKinney 75072 Lavon City Hall 665 Country Club Road Plano 75025 Murphy Community Center -Homer and Marie Adams Room 259 Country Club Road McKinney 75069 Michael J. Felix Community Center -Room A & B 121 Rockcrest Road Wylie 75098 Melissa City Hall -Municipal Court Room 205 N. Murphy Road Plano 75074 McKinney North High School 3815-E Sachse Raod Plano 75042 McKinney High School 3411 Barker Avenue Plano 75075 McKinney Fire Station #7-CommunityRoom 2550 Wilmeth Road McKinney 75070 Plano ISD Administration Center 1400 E. Wilson Creek Pkwy Frisco 75034 Parr Library -Large Program Room 411 W. Arapaho Road McKinney 75069 Parker City Hall 6400 Frankford Road Plano 75075 New Hope Town Hall -Council Chambers 250 W. First Street Plano 75093 Richardson Civic Center / City Hall -Parks Room 2700 W. 15th Street Parker 75002 Renner Frankford Library -Auditorium 6200 Windhaven Parkway New Hope 75069 Prosper Town Hall -Community Room 5700 E. Parker Road Richardson 75080 EARLY VOTING DATES AND TIMES April 19 — 23 Monday - Friday 8:00 a.m. - 5:00 p.m. April 24 Saturday 8:00 a.m. - 5:00 p.m. April 26 — 27 Monday - Tuesday 7:00 a.m. - 7:00 p.m. Important Note: Eligible Collin County registered voters (with an effective date of registration on or before , 2021) may vote at any of the above early voting locations. Im Voter Information Document — City of Anna, Texas Special Election Proposition A The following information is prepared to comply with Section 1251.052(b) of the Texas Government Code, as amended. Ballot Information: At the Election, the following language will appear on the ballot: CITY OF ANNA, TEXAS SPECIAL ELECTION CITY OF ANNA, TEXAS PROPOSITION A FOR ) THE ISSUANCE OF $8,000,000 OF BONDS BY THE CITY OF ANNA, TEXAS FOR A FIRE STATION AND EQUIPMENT. TAXES AGAINST ) SUFFICIENT TO PAY THE PRINCIPAL OF AND INTEREST ON THE BONDS WILL BE IMPOSED. The following table sets forth the estimated principal amount of, and interest due to maturity on, the bonds to be issued if Proposition A passes, and all outstanding obligations of the City secured by and payable from ad valorem taxes. Principal Estimated Estimated Principal of Remaining Combined Amount of interest for combined City's Existing interest on Principal and Bonds to be Bonds to be principal and Outstanding City's Existing Interest to authorized authorized (1) interest required Debt Outstanding timely pay to pay on time Debt City's and in full the (as of 2/9/2021) Outstanding Bonds to be (as of 2/9/2021) Debt authorized (1) as of 2/9/2021 $8,000,000 2.78% $11,873,080 $47,927,000 $26,404,380 $74,331,380 The interest on the proposed bonds was estimated at a rate of 2.78% based on market conditions as of February 9, 2021, and therefore, the interest payable on the proposed bonds may be less than, or more than, the amounts set forth above based on market conditions at the time of sale of the proposed bonds. Based on the information and assumptions provided in the table above, the estimated maximum annual increase in the amount of taxes that would be imposed on a residence homestead in the City with a taxable appraised value of $100,000 to repay the proposed bonds, if approved, is $7.10. This estimate assumes annual growth of City's taxable assessed valuation at an average rate of 5.06% through tax year 2043, and holds the City's taxable assessed valuation constant thereafter, and assumes the that the proposed bonds will be issued in an amortization, that combined with the City's Existing Outstanding Debt, will produce relatively consistent levels of debt service in each year. Voter Information Document — City of Anna, Texas Special Election Proposition B The following information is prepared to comply with Section 1251.052(b) of the Texas Government Code, as amended. Ballot Information: At the Election, the following language will appear on the ballot: CITY OF ANNA, TEXAS SPECIAL ELECTION CITY OF ANNA, TEXAS PROPOSITION B FOR ) THE ISSUANCE OF $22,000,000 OF BONDS BY THE CITY OF ANNA, TEXAS FOR A COMMUNITY LIBRARY. TAXES SUFFICIENT TO PAY AGAINST ) THE PRINCIPAL OF AND INTEREST ON THE BONDS WILL BE ) IMPOSED. The following table sets forth the estimated principal amount of, and interest due to maturity on, the bonds to be issued if Proposition B passes, and all outstanding obligations of the City secured by and payable from ad valorem taxes. Principal Estimated Estimated Principal of Remaining Combined Amount of interest for combined City's Existing interest on Principal and Bonds to be Bonds to be principal and Outstanding City's Existing Interest to authorized authorized (1) interest required Debt Outstanding timely pay to pay on time Debt City's and in full the (as of 2/9/2021) Outstanding Bonds to be (as of 2/9/2021) Debt authorized (1) as of 2/9/2021 $22,000,000 2.80% $32,836,504 $47,927,000 $26,404,380 $74,331,380 �l> The interest on the proposed bonds was estimated at a rate of 2.80% based on market conditions as of February 9, 2021, and therefore, the interest payable on the proposed bonds may be less than, or more than, the amounts set forth above based on market conditions at the time of sale of the proposed bonds. Based on the information and assumptions provided in the table above, the estimated maximum annual increase in the amount of taxes that would be imposed on a residence homestead in the City with a taxable appraised value of $100,000 to repay the proposed bonds, if approved, is $19.50. This estimate assumes annual growth of City's taxable assessed valuation at an average rate of 4.88% through tax year 2046, and holds the City's taxable assessed valuation constant thereafter, and assumes the that the proposed bonds will be issued in an amortization, that combined with the City's Existing Outstanding Debt, will produce relatively consistent levels of debt service in each year. Voter Information Document — City of Anna, Texas Special Election Proposition C The following information is prepared to comply with Section 1251.052(b) of the Texas Government Code, as amended. Ballot Information: At the Election, the following language will appear on the ballot: CITY OF ANNA, TEXAS SPECIAL ELECTION CITY OF ANNA, TEXAS PROPOSITION C FOR ) THE ISSUANCE OF $28,000,000 OF BONDS BY THE CITY OF ANNA, TEXAS FOR PARKS AND RECREATION IMPROVEMENTS. TAXES AGAINST ) SUFFICIENT TO PAY THE PRINCIPAL OF AND INTEREST ON THE BONDS WILL BE IMPOSED. The following table sets forth the estimated principal amount of, and interest due to maturity on, the bonds to be issued if Proposition C passes, and all outstanding obligations of the City secured by and payable from ad valorem taxes. Principal Estimated Estimated Principal of Remaining Combined Amount of interest for combined City's Existing interest on Principal and Bonds to be Bonds to be principal and Outstanding City's Existing Interest to authorized authorized (1) interest required Debt Outstanding timely pay to pay on time Debt City's and in full the (as of 2/9/2021) Outstanding Bonds to be (as of 2/9/2021) Debt authorized (1) as of 2/9/2021 $28,000,000 3.16% $44,407,286 $47,927,000 $26,404,380 $74,331,380 The interest on the proposed bonds was estimated at a rate of 3.16% based on market conditions as of February 9, 2021, and therefore, the interest payable on the proposed bonds may be less than, or more than, the amounts set forth above based on market conditions at the time of sale of the proposed bonds. Based on the information and assumptions provided in the table above, the estimated maximum annual increase in the amount of taxes that would be imposed on a residence homestead in the City with a taxable appraised value of $100,000 to repay the proposed bonds, if approved, is $16.50. This estimate assumes annual growth of City's taxable assessed valuation at an average rate of 4.74% through tax year 2049, and holds the City's taxable assessed valuation constant thereafter, and assumes the that the proposed bonds will be issued in an amortization, that combined with the City's Existing Outstanding Debt, will produce relatively consistent levels of debt service in each year.