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Home My WebLink AboutCCpkt2017-10-24A Y{OUR} HOMETOWN AGENDA City Council Work Session Tuesday, October 24, 2017 @ 6:30 P M Anna City Hall, Council Chambers 111 N. Powell Parkway, Anna, Texas 75409 The City Council of the City of Anna will meet in Work Session at 6:30 PM, on October 24, 2017, at the Anna City Hall, Located at 111 North Powell Parkway (Hwy 5), to consider the following items. 1. Call to Order, Roll Call and Establishment of Quorum 2. Briefing/Update on the 2017 Bond Refunding. (Dana Thronhill) 3. CLOSED SESSION (EXCEPTIONS) Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071). b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of right-of-way, easements, and land for parks and municipal facilities. C. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); City Manager annual review. The Council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 4. Consider/Discuss/Action on any items listed on 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. (If there is no need to address any other such agenda item, the Mayor shall adjourn this meeting). 5. Adjourn. There being no further business before the Council, we will consider this meeting adjourned at p.m. This is to certify that I, Carrie L. Smith, 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 the 20th day of October, 2017. Carrie L. Smith, 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. Item No. 2. City Council Agenda Staff Report Meeting Date: 10/24/2017 Yi0W HOMETOWN AGENDA ITEM: Briefing/Update on the 2017 Bond Refunding. (Dana Thronhill) SUMMARY: Staff has been working with First Southwest, the City's financial advisor on a project to refund and restructure some of our outstanding dept in order to lower interest rates and lower debt payments. Staff will update the Council on the status of this project, the project schedule, and the steps moving forward that will be required to complete the refunding project. STAFF RECOMMENDATION: A Y{OUR} HOMETOWN AGENDA Regular City Council Meeting Tuesday, October 24, 2017 @ 7:30 P M Anna City Hall, Council Chambers 111 N. Powell Parkway, Anna, Texas 75409 The City Council of the City of Anna will meet in Regular Session at 7:30 PM, on October 24, 2017, at the Anna City Hall, Located at 111 North Powell Parkway (Hwy 5), to consider the following items. Welcome to the City Council Meeting. Please sign the Sign -In -Sheet as a record of attendance. If you wish to speak on an open -session agenda item, please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting starts. 1. Call to Order, Roll Call and Establishment of Quorum. 2. Invocation and Pledge of Allegiance. 3. Citizen Comments. Citizens are allowed three minutes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. 4. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. a. Proclamation for Municipal Court Week 5. Consent Items. These items consist of non -controversial or "housekeeping" items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve Council Meeting Minutes from September 26, 2017. (City Secretary) b. Ordinance approving the 2017 Tax Roll (Dana Thornhill) C. Resolution authorizing the solicitation of bids for the US 75 Utility Relocation Project. (Joseph Johnson) d. Resolution authorizing execution of an Agreement with the Texas Department of Transportation for the Furnishing, Installing and Maintenance of Traffic Signal Preemption Equipment. (Joseph Johnson) 6. Consider/Discuss/Action regarding a Resolution authorizing the City Manager to execute an Agreement with the Anna Area Historical Preservation Society to relocate the Historical Anna Train Depot to Sherley Park, and to take other actions relative to the use of Sherley Park. (Maurice Schwanke) 7. Conduct a public hearing and take action on an Ordinance approving a Special Use Permit for a daycare center on a 1.185 acre tract of land located at 1201. W. White Street, requested by Mr. Kartavya Patel (Prospective Owner). (Maurice Schwanke) 8. Consider/Discuss/Action on a Resolution approving Interlocal Agreements with the cities of Van Alstyne and Howe regarding purchase of water (City Manager) 9. Consider/Discuss/Action regarding an Ordinance amending Ordinance No. 244- 2006, as amended, to approve and provide for voluntary service by city officials to serve as members of the Board of Trustees Governing the Texas Municipal League Multistate Intergovernmental Employee Benefits Pool. (City Manager) 10. CLOSED SESSION (EXCEPTIONS) Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071). b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of right-of-way, easements, and land for parks and municipal facilities. C. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); City Manager annual review. 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. 11. 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. (If there is no need to address any other such agenda item, the Mayor shall adjourn this meeting). 12. Adjourn. There being no further business before the Council, we will consider this meeting adjourned at p.m. This is to certify that I, Carrie L. Smith, 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 the 20th day of October, 2017. Carrie L. Smith, 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. Y{OUW HOMETOWN AGENDA ITEM: Proclamation for Municipal Court Week SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: Description Proclamation Item No. 4.a. City Council Agenda Staff Report Meeting Date: 10/24/2017 Upload Date Type 10/20/2017 Exhibit Cite of Zfnno, Texa!5 Proclamation MUNICIPAL COURT WEEK November 6 - November 10, 2017 WHEREAS, the Municipal Court of Anna Texas, a time honored and vital part of local government, has existed since 2005. WHEREAS, more people, citizens and non -citizens alike, come in personal contact with municipal courts than all other Texas courts combined, and WHEREAS, public impression of the entire Texas judicial system is largely dependent upon the public's experience in municipal court, WHEREAS, Municipal Judges and court support personnel have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all, and conform to the standards set by the Canons of Judicial Conduct, WHEREAS, the Municipal Courts play a significant role in preserving the quality of life in Texas communities through the adjudication of traffic offenses, ensuring a high level of traffic safety for our citizens, WHEREAS, the Municipal Courts serve as the local justice center for the enforcement of local ordinances and fine -only state offenses that protect the peace and dignity of our community, WHEREAS, the Municipal Judges and Clerks continually strive to improve the administration of justice through participation in judicial education programs, seminars, workshops and the annual meetings of their state and local professional organizations. Therefore, it is most appropriate that we recognize the accomplishments of the 926 Texas Municipal Courts, and salute their critical role in preserving public safety, protecting the quality of life in Texas communities, and deterring future criminal behavior, Now, I Justin Burr, Mayor Pro Tem of the City of Anna, do recognize the week of November 6 - November 10, 2017, as Municipal Court Week, and further extend appreciation to all Municipal Judges and court support personnel for the vital services they perform and their exemplary dedication to our community. I call upon all residents of Anna to join with the City Council in recognizing the vital service they perform and their exemplary dedication to the communities they represent. 67n u7wess where f oT hare hereunto set mp hand this 2-kh dap f October, 2017and called thisseal t6 be afft, Justin Burr, Mayor Pro-Tem Item No. 5.a. City Council Agenda Staff Report Meeting Date: 10/24/2017 Yi0W HOMETOWN AGENDA ITEM: Approve Council Meeting Minutes from September 26, 2017. (City Secretary) SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: Description Proposed Minutes Upload Date Type 10/20/2017 Exhibit ANNA CITY COUNCI L MINUTES WORK SESSION October 10, 2017 The City Council of the City of Anna met in Work Session on the above date at Anna City Hall, located at 111 North Powell Parkway (Hwy 5), to consider the following items. 1. Call to Order, Roll Call and Establishment of Quorum Mayor Pro Tern Burr called the meeting to order at 6:30 p.m. All were present. 2. Presenation/Discussion regarding proposal to repurpose the old railroad depot at Sherely Park. (Maurice Schwanke) 3. CLOSED SESSION (EXCEPTIONS) Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071); discuss ethics code. b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of right-of-way, easements, and land for parks and municipal facilities. c. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); City Manager annual review. MOTION: Council Member Bryan moved to enter closed session. Council Member Martinez seconded. Motion carried 5-0. Mayor Pro Tern Burr recessed into closed session at 6:46 p.m. Mayor Pro Tern Burr reconvened the open meeting at 7:27 p.m. 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 Council Minutes 1011012017 Page 1 of 6 Open Meetings Act. 4. 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. MOTION: Council Member Bryan moved to take no action. Council Member Beazley seconded. Motion carried 5-0. 5. Adjourn. There being no further business before the Council, we will consider this meeting adjourned at p.m. Mayor Pro Tern Burr adjourned the meeting at 7:28 p.m. Approved on the 24th day of October 2017. Mayor Pro Tern Justin Burr ATTEST: City Secretary Carrie L. Smith Council Minutes 1011012017 Page 2 of 6 ANNA CITY COUNCI L MINUTES REGULAR SESSION October 10, 2017 1. Call to Order/Roll Call and Establishment of Quorum Mayor Pro Tern Burr called the meeting to order at 7:33 p.m. All members were present. 2. Invocation and Pledge of Allegiance. Mayor Pro Tern Burr led the pledge and invocation. 3. Citizen Comments. Citizens are allowed three minutes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. Andrew Michrina, 902 Fulbourne Drive - spoke in regards to need for a dog park and outstanding issues at Slayter Creek Park. William Morgan, 2029 Helmoken Falls Drive - asked questions about flag pennants for businesses. 4. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. a. Proclamation for Dyslexia Awareness Month. Mayor Pro Tern Burr proclaimed October as Dyslexia Awareness Month. 5. Consent Items. Council Minutes 1011012017 Page 3 of 6 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. Consent items c and d were removed. a. Approve meeting minutes from the September 26, 2017 meeting. b. Resolution requesting Greater Texoma Utility Authority to take action to provide for refinancing and discharge of certain contract revenue bonds. (Dana Thornhill) C. Resolution approving a final plat of Camden Parc Phase 2. (Maurice Schwanke) Motion: Council Member Bryan moved to approve. Council Member Beazley seconded. Motion carried 5-0. d. Resolution approving a Subdivision Improvement Agreement for Camden Parc, Phases 2-4. (Maurice Schwanke) MOTION: Council Member Bryan moved to approve. Council Member Martinez seconded. Motion carried 5-0. e. Resolution authorizing an extension of the existing Franchise Agreement with Atmos Energy. (City Manager) MOTION: Council Member Miller moved to approve consent items a, b & e. Council Member Bryan seconded. Motion carried 5-0. 6. Briefing/Discussion regarding the City's bonding capacity for municipal facilities. (Dana Thornhill) A brief presentation was provided to Council. See Exhibit A. 7. Briefing/Discussion regarding the Updated Facility Needs Assessment. (City Manager) In early August, the City Council authorized an Agreement with Randall Scott Architects to update the facility needs assessment to include options for reconstruction of the existing fire station and construction of facilities for the police department.. Staff has worked with the architect to explore several different options. Randall Scott presented a summary of the options that have been reviewed. 8. Conduct a public hearing and take action on an Ordinance amending the the Comprehensive Plan and Thoroughfare Master Plan for the area generally east of F.M. 2862 and between the Sam Rayburn Memorial Highway and Graybill. (Maurice Schwanke) Council Minutes 1011012017 Page 4 of 6 Mayor Pro Tern Burr opened the public hearing at 8:58 p.m. Jimmy Morgan spoke in opposition. Mayor Pro Tern Burr closed the public hearing at 9:00 p.m. MOTION: Council Member Beazley moved to approve. Council Member Martinez seconded. Motion carried 3-2. Miller and Burr opposed. 9. Consider/Discuss/Action regarding a Resolution approving a development plat of the LG Motorsports Park Addition, Phase 2. (Maurice Schwanke) Denise Saltz spoke in opposition. MOTION: Council Member Bryan moved to approve. Council Member Beazley seconded. Motion carried 4-1. Burr opposed. 10. Conduct a public hearing and take action on a Resolution approving a replat of The Falls, Phase 1A, Lot 20R-1, Block D. (Maurice Schwanke) Mayor Pro Tern Burr opened the public hearing at 9:27 p.m. Mayor Pro Tern Burr closed the public hearing at 9:30 p.m. MOTION: Mayor Pro Tern Burr moved to approve. Council Member Bryan seconded. Motion carried 5-0. 11. Conduct a public hearing on an Ordinance changing the zoning district designation from Agricultural (AG) to Planned Development (PD) on a 10.25 tract of land located on part of lot 1 of the Anna ISD Addition, requested by the Anna Independent School District. (Maurice Schwanke) Mayor Pro Tern Burr opened the public hearing at 9:33 p.m. No Comments The public hearing will be held open to 7:30 p.m. on October 24, 2017 at City Hall. 12. Consider/Discuss/Action regarding an Ordinance amending Part III-B of the Code of Ordinances (Design Standards), Section 2 (Streets), by adding a new subsection 2.12 (d) regarding subgrade material in certain fire lanes. (Joseph Johnson) MOTION: Council Member Beazley moved to approved. Council Member Miller seconded. Motion carried 5-0. 13. Consider/Discuss/Action regarding a Resolution approving the design of a community brand, authorizing an agreement to complete and finalize the Council Minutes 1011012017 Page 5 of 6 community brand, authorizing contingency appropriation, and authorizing the implementation of the new brand throughout the city. (Jessica Perkins) MOTION: Council Member Beazley moved to take no action. Mayor Pro Tern Burr seconded. Motion carried 3-2. Martinez and Miller opposed. 14. CLOSED SESSION (EXCEPTIONS) Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071); discuss ethics code. b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of right-of-way, easements, and land for parks and municipal facilities. c. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); City Manager annual review. None. 15. Consider/Discuss/Action on any items listed on the posted agenda or any closed session occurring during this meeting, as necessary No action. 16. Adjourn. Mayor Pro Tern Burr adjourned the meeting at 10:49 p.m. Approved on the 24th day of October 2017. Mayor Pro Tern Justin Burr ATTEST: City Secretary Carrie L. Smith Council Minutes 1011012017 Page 6 of 6 I Item No. 5.b. City Council Agenda Staff Report Meeting Date: 10/24/2017 Y{OUW HOMETOWN AGENDA ITEM: Ordinance approving the 2017 Tax Roll (Dana Thornhill) SUMMARY: The Collin County Tax Assessor Collector recently submitted the Tax Roll summary for the City of Anna. The report from the County is attached. Texas Property Tax Code, Section 26.09, requires the City to pass an ordinance approving the 2017 Tax Roll. STAFF RECOMMENDATION: Staff recommends that the City adopt the attached Ordinance approving the 2017 Tax Roll for the City of Anna. ATTACHMENTS: Description Tax Roll Ordinance Exhibit 1, 2017 Tax Roll Summary Letter from County Tax Assessor Upload Date Type 10/6/2017 Ordinance 10/6/2017 Exhibit 10/20/2017 Backup Material CITY OF ANNA, TEXAS ORDINANCE NO. AN ORDINANCE APPROVING THE 2017 TAX ROLL FOR THE CITY OF ANNA, TEXAS WHEREAS, the Collin County Tax Assessor Collector has submitted the 2017 Tax Roll for the City of Anna, Texas (the "City") to the City Council of the City of Anna, Texas (the "City Council") for approval; and WHEREAS, the City Council is required by statute (Texas Property Tax Code Section 26.09) to approve or disapprove said Tax Roll; and WHEREAS, the City Council has reviewed the 2017 Tax Roll Summary as provided by the Collin County Tax Assessor Collector, now therefore; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: SECTION 1. Recitals Incorporated. The above -referenced recitals are incorporated herein as if set forth in full for all purposes. SECTION 2. Tax Roll Approved. The Council hereby approves the 2017 Tax Roll Summary attached hereto as Exhibit 1. PASSED AND APPROVED by the City Council of the City of Anna, Texas, this, the 24tn day of October, 2017. ATTESTED: APPROVED: Carrie L. Smith, City Secretary Justin Burr, Mayor Pro Tem RES. PAGE 1 OF 1 Run Date: September 22, 2017 Collin County Tax Office Page 10 of 128 2017 TAX ROLL SUMMARY 07 - ANNA CITY Amount Count NUMBER OF ACCOUNTS 5,754 MARKET VALUES ROLLCODE: NONE - Improvement $369,297 Improvement Non -Home Site $56,201 ROLLCODE: PERSONAL Personal $40,5981825 ROLLCODE: REAL Aqriculture $112,118,438 Improvement $5672729,010 Improvement Non -Home Site $178,7942226 Land $191,231,313 Land Aq Land $931,633 Land Non -Home Site $850192,088 TOTAL MARKET VALUE $1 9177,021 ,031 DEFERRALS Aq $112,118,438 219 TOTAL DEFERRALS $11291183438 EXEMPTIONS Autos, XO , PPV , XO , PPV $6,198,180 18 Cap Adjustment XT XT $18,6663568 15619 , , Disabled $0 93 Disabled Veteran $9,841,259 146 Historic Site $0 1 Homestead $0 21383 Miscellaneous, XV , XV $143,422,658 249 Nominal Value $5,786 20 Over65 $1223847263 444 TOTAL EXEMPTIONS $1909518,714 GRAND TOTAL FOR DEFERRALS AND EXEMPTIONS $302,6373152 TOTAL MARKET VALUE $1,177,0211031 TAXABLE VALUE $874,3839879 TAX RATE 0,601288 ROLLCODE: NONE Levy $2,558.48 111 ROLLCODE: PERSONAL Levy $206,797.20 261 ROLLCODE: REAL Levy $5,048,209.85 52382 TOTAL LEVY $5,257,566.53 LEVY LOST DUE TO FROZEN $0,00 OTHER LOST LEVY $0,00 TOTAL LOST LEVY $0,00 TaxRollSummary.rpl Revised September 22, 2017 Run Date: September 22, 2017 Collin County Tax Office Page 11 of 128 2017 TAX ROLL SUMMARY 07 - ANNA CITY Calculation Analysis Calc Levy - Tax Amount = Diff. Market Value Exemption Taxable Value Frozen 0.00 0.00 0.00 0 0 0 DV100 (Excl. Frozen) 493.69 493.69 0.00 91216,203 81858,102 358,101 Prorated (Excl. Frozen 0.00 0.00 0.00 0 0 0 Other 5,257,071.84 5,257,071.84 0.00 111671804,828 293,779,650 8745025,778 Total 5,257,565.53 5,257,565.53 0.00 111772021,031 302,637,152 874,383,879 DV100 (Intl. Frozen) 0.00 0.00 0.00 0 0 0 Prorated (Incl. Frozen 0.00 0.00 0.00 0 0 0 TaxRoliSummary.rpt Revised September 22, 2017 KENNETH L. MAUN TAX ASSESSOR COLLECTOR COLLIN COUNTY CO L L I N 2300 Bloomdale Road, Suite 2366 COUNTY P.O. Box 8006 McKinney, TX 75070-8006 4p, (972) 547-5020 %. 6pi1 Fax: (214) 4914808 Email: kmaun@collincountytx.gov IV October 23 2017 Mike Crist, Mayor City of Anna P.O. Box 776 Anna, TX 75409 Dear Mayor Crist, Attached is the 2017 Tax Roll Summary for City of Anna. Submission of the 2017 Tax Roll to your governing body for approval, in accordance with Texas Property Tax Code, Section 26.09, will constitute the 2017 Tax Roll for City of Anna. Please provide my office a copy of your ordinance approving the Tax Roll at your earliest convenience. While this is a formality in the Texas Property Tax Code, we do want to fulfill the requirements of the law and do appreciate your cooperation. If you have any questions, please contact me. Sincerely, Kenneth L. Maun Tax Assessor Collector Enclosure cc: Philip Sanders Dana Thornhill i Item No. 5.c. City Council Agenda Staff Report Meeting Date: 10/24/2017 VOUR} HOMETOWN /_tr]=1Z107_\119=1►4F Resolution authorizing the solicitation of bids for the US 75 Utility Relocation Project. (Joseph Johnson) SUMMARY: The US 75 Utility Relocation Project consists of approximately 11,957 linear feet of water line relocations necessary due to additional right-of-way acquisition by the Texas Department of Transportation (TxDOT) for the reconstruction of US 75. The construction phase of the project is expected to cost approximately $1,401,332. Funds are available for the project through an I nter-local agreement (ILA) with Collin County. STAFF RECOMMENDATION: Staff recommends approval of this item authorizing the City Manager to solicit bids for the US 75 Utility Relocation Project. Item No. 5.d. City Council Agenda Staff Report Meeting Date: 10/24/2017 YfOUR? HOMETOWN AGENDA ITEM: Resolution authorizing execution of an Agreement with the Texas Department of Transportation for the Furnishing, Installing and Maintenance of Traffic Signal Preemption Equipment. (Joseph Johnson) SUMMARY: Traffic signal preemption is a system that allows emergency vehicles to preempt the normal operation of traffic signals while en route to an emergency call. I n order for the City to install signal preemption equipment on a signal within the Texas Department of Transportation's (TxDOT) jurisdiction, a governmental entity must execute a standardized agreement with TxDOT called an Agreement for the Furnishing, Installing and Maintenance of Traffic Signal Preemption Equipment. Essentially the agreement provides the framework by which the equipment may be installed and maintained. The agreement, if executed, would allow for the installation of signal preemption equipment at the following locations: 1. The existing signal at FM 455 and SH 5. 2. The signal being constructed at FM 455 and Ferguson. 3. The signal that will be constructed at SH 5 and the Collin County Outer Loop. STAFF RECOMMENDATION: Staff recommends approval of this item authorizing the City Manager to execute the agreement with the Texas Department of Transportation for Signal Preemption. ATTACHMENTS: Description Upload Date Type TxDOT Resolution 10/19/2017 Resolution Exhibit 1, Signal Preemption Agreement 10/18/2017 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA AUTHORIING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE FURNISHING, INSTALLING AND MAINTENANCE OF TRAFFIC SIGNAL PREEMPTION EQUIPMENT. WHEREAS, traffic signal preemption is a system that allows emergency vehicles to preempt the normal operation of traffic signals while en route to an emergency call; and WHEREAS, in order for the City to install signal preemption equipment on a signal within the Texas Department of Transportation's (TxDOT) jurisdiction, a governmental entity must execute a standardized agreement with TxDOT called an Agreement for the Furnishing, Installing and Maintenance of Traffic Signal Preemption Equipment; NOW THEREFORE, BE IT RESOLVED BY THE CITY OF ANNA CITY COUNCIL: Section 1. Recitals Incorporated. The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Approval of Agreement The City Council hereby authorizes the City Manager to execute the Agreement for the Furnishing, Installing and Maintenance of Traffic Signal Preemption Equipment, attached hereto as Exhibit 1. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize, act under, and enforce the Agreement. PASSED by the City Council of the City of Anna, Texas, on this 24t" day of October, 2017. ATTEST: Carrie L. Smith, City Secretary APPROVED: Justin Burr, Mayor Pro Tern CITY COUNCIL OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 1 ■ i I U11 0 log =Kela IONLA.. e THIS AGREEMENT is made by and between the State %J Texas, acting through the Texas Department of Transportation, hereinafter called the "State", and the City of Anna, hereinafter called the "City", acting by and through its duly authorized officers. W ITNESSTH WHEREAS, the State owns and maintains a system of highways and roadways in the City of Anna pursuant to Transportation Code, Section 201.103; and WHEREAS, the City or its contractor has requested to install emergency vehicle preemption systems at the locations listed on Exhibit A, WHEREAS, the State and the City are in agreement that the proposed systems will be installed; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows. AGREEMENT ARTICLE 1. CONTRACT PERIOD This agreement becomes effective on final execution by the State and shall remain in effect as long as said traffic signal preemption equipment is in operation at the described locations. ARTICLE 2. TERMINATION This agreement may be terminated by one of the following conditions: 1) By mutual agreement of both parties; 2) By the State giving written notice to the City or its contractor as consequence of failure by the City or its contractor to satisfactorily perform the services and obligations set forth in this agreement, with proper allowances being made for circumstances beyond the control of the City or its contractor; 3) By either party upon thirty (30) days written notice to the other. ARTICLE 3. COMPENSATION No compensation shall be paid for this agreement. ARTICLE 4. PERSONNEL, EQUIPMENT, AND MATERIAL . A. The City or its contractor will use labor and supervisory personnel employed directly by the City or its contractor, and use City owned or its contractor owned machinery, equipment, and vehicles necessary for the work. In the event that the City or its contractor does not have the machinery, equipment, and vehicles necessary to perform the work, the machinery, equipment, and vehicles may be rented or leased as necessary. B. No reimbursement shall be paid for any materials supplied by the City or its contractor. All materials shall be new and undepreciated stock. Traffic-Traffic_TSPEA Page 1 of 6 Revised 10/31/08 C. Any necessary changes to the existing signal required to install the preemption system will be at the City's expense. . If it becomes necessary to adjust, replace or reinstall the preemption system due to reconstruction of the intersection or upgrading of the signals, it shall be done by the City at City expense. ARTICLE 5. INSPECTION OF WORK A. The State shall make suitable and complete inspection of all materials, and equipment, and the work of installation to determine and permit certification that the components meet all applicable requirements and are in suitable condition for operation and maintenance by the City or its contractor after its completion. All components of the system will be subject to random testing and inspections by the State. B. The City or its contractor will provide opportunities, facilities, and representative samples, as may be required, to enable the State to carry on initial and random inspections of all materials and application methods; sufficient to afford determination and certification by the State that all parts of the installation and the component materials comply with the State standards and specifications. The State will promptly notify the City or its contractor of any failure of materials, equipment, or installation methods, and the City or its contractor will take such measures necessary to obtain acceptable systems components and installation procedures without delay. ARTICLE 6. RESPONSIBILITIES OF THE PARTIES The parties 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. State shall not be held responsible for the operation (or non -operation) of the preempt equipment, or for any effect it may have on emergency vehicle response. ARTICLE 7. DE -ACTIVATION OF THE PREEMPT SYSTEM The State reserves the right to disconnect the preempt system from the traffic signals should any problem arise affecting the State including that the State has determined that the preemption is being abused. The State will notify the appropriate City office of the de -activation of the preempt system. Upon correction of the problem the preempt system would be re- connected. ARTICLE 8. PREEMPTION INSTALLATION REQUIREMENTS The City or its contractor shall furnish and install an aluminum lockable cabinet for the preemption system equipment. The preemption cabinet shall be attached to the State's traffic signal cabinet by means of a two (2) inch Myer's hub supplied by the City or its contractor. The City or its contractor will furnish and install a Cannon type disconnect plug between the State's traffic signal cabinet and the preemption cabinet. The State will furnish 120 volts AC power to the preemption cabinet for all auxiliary equipment. All transformation of power shall take place within the preemption cabinet. The State will allow the preemption equipment to monitor all outgoing green traffic signal indications. The preemption equipment will supply a maximum of four preemption inputs. ARTICLE 9. REPORTS Upon written request, the City will be required to supply the State with a list of preemptions. The list shall show date, time, intersection, direction, and duration of each preemption and vehicle identification information of the emergency vehicle requesting each preemption. At the request Traffic-Traffic_TSPEA Page 2 of 6 Revised 10/31/08 of the State, the Local Government shall submit any information required by the State in the format directed by the State. ATICL 10. KLIVILWILZO Violation or breach of contract terms by the City or its contractor shall be grounds for termination of the agreement, and any increased cost arising from the City or its contractor's default, breach of contract, or violation of terms shall be paid for by the City or its contractor. This agreement shall not be considered as specifying the exclusive remedy for default, but all remedies existing at law and in equity may be availed of by either party and shall be cumulative. If at any time, the City or its contractor fails to assume the maintenance and operations responsibilities for the preemption systems in a satisfactory manner as determined by the State, the State reserves the right to arrange for maintenance and operations at the expense of the City or its contractor. The State shall contact the appropriate City authority prior to the arrangement for alternative maintenance. ARTICLE 11. INSURANCE The City shall provide necessary safeguards to protect the public on State -maintained highways including adequate insurance for payment of any damages which might result during the construction, maintenance and operation of the preemption equipment, and to save the State harmless from damages, to the extent of said insurance coverage and insofar as it can legally do so. Prior to beginning work on the State's right-of-way, the City's construction contractor shall submit to the State a fully executed copy of the State's form 1560 Certificate of Insurance and shall maintain the required coverage during the construction of all work associated with this agreement. ARTICLE 12. SUBLETTING The City or its contractor shall not sublet or transfer any portion of its responsibilities and obligations under this agreement unless specifically authorized in writing by the State. In the event the City or its contractor enters into subcontracts, the subcontractors must adhere to the provisions of this agreement. ARTICLE 13. SUCCESSORS AND ASSIGNS The City or its contractor shall not assign or otherwise transfer its rights or obligations under this agreement except with the prior written consent of the State. ARTICLE 14. LEGAL CONSTRUCTION In case 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 provision thereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. ARTICLE 15. INSPECTION OF CITY'S BOOKS AND RECORDS A. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract 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. B. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. TrafficJraffic_TSPEA Page 3 of 6 Revised 10/31/08 Acceptance of funds directly under the contract or indirectly through a subcontract under this contract 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. ARTICLE 16. NOTICES All notices to either party by the other required under this Agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following respective addresses: City of Anna Attn: Director of Public Works PO Box 776 Anna, TX 75409 State: Texas Department of Transportation Attn: Director of Operations 4777 E. Highway 80 Mesquite, TX 75150 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party hereto may change the above address by sending written notice of such change to the other in the manner provided herein. ARTICLE 17. GOVERNING LAWS AND VENUE This agreement shall be construed under and in accordance with the laws of the State of Texas. Any legal actions regarding the parties' obligations under this agreement must be filed in Travis County, Texas. ARTICLE 18. PRIOR AGREEMENTS SUPERSEDED This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting within the subject matter. ARTICLE 19. REVISIONS TO EXHIBIT A Revisions to the locations listed in Exhibit A may be made if submitted in writing by the City and initialed by both parties. Traffic-Traffic_TSPEA Page 4 of 6 Revised 10/31/OS ill; 1, 11 I%Lbb 7,11 ALKLAFF, Me btate and the Ity have signed duplicate counterparts ot this .• THE CITY OF ANNA Executed on behalf of the City by: By Typed or Printed Name and Title Date THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. Date James K. Selman, P.E. Dallas District Engineer Traffic-Traffic_TSPEA Page 5 of 6 Revised 10/31/08 FM 455 at Ferguson Pkwy. SH5atFM455 SH 5 at the Collin County Outer Loop Traffic-Traffic_TSPEA Page 6 of 6 Revised 10/31/08 I Item No. 6. City Council Agenda Staff Report Meeting Date: 10/24/2017 YOUR) HOMETOWN AGENDA ITEM: Consider/Discuss/Action regarding a Resolution authorizing the City Manager to execute an Agreement with the Anna Area Historical Preservation Society to relocate the Historical Anna Train Depot to Sherley Park, and to take other actions relative to the use of Sherley Park. (Maurice Schwanke) SUMMARY: The Anna Area Historical Preservation Society (AAHPS) has developed a proposal to relocate and restore the Anna Original Train Depot. The depot is currently located west of an extension of Harper Dr. and South of an extension of Fourth Street. The AAHPS proposal involves relocating the depot to a permanent location where the small ball field know as Sherley Field exists today. The proposal to move the depot to Sherley Park was was presented to the Anna Parks Advisory Board several months. The Parks Boards has voted to recommend approval of this proposal. Sherley Field is a small facility and is not sized adequately for sanctioned league play. In recent years, it has been used primarily for practice purposes. Adequate facilities are available at Slayter Creek Park to handle sanctioned games and practices. At Slayter Creek Park, adequate parking and lighting is available for games and practices especially since the Anna I S D no longer uses the fields. Since the Parks Advisory Board met, the Anna Area Historical Preservation Society has been working on detailed plans to relocate the train depot to Sherley Park. These plans were presented to the City Council during the October 10th workshop meeting. Future plans for the interior of the depot include a model train diorama, a model of the original downtown (two thirds of which is already built), and historical pictures with explanations of the history of Anna. It is anticipated that once the depot is moved and renovated that it will operated and maintained by the AAHPS through a long-term lease with the City of Anna. The attached Resolution authorizes the City Manager to execute an Agreement with the AAHPS to relocate and renovate the depot at Sherley Park. The Agreement will need to be approved by the City Attorney. The Resolution also directs the City Manager to take any actions that are necessary (with respect to changing or limiting the use of Sherley Park) to facilitate the activities authorized by the Agreement, and to prepare a concept plan for the redevelopment of Sherley Park for uses that will be consistent with and complimentary to the Depot Concept Plan. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution. ATTACHMENTS: Description Upload Date Type Resolution 10/18/2017 Resolution Exhibit 1, Depot Concept Plan 10/17/2017 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE ANNA AREA HISTORICAL PRESERVATION SOCIETY TO RELOCATE THE HISTORICAL ANNA TRAIN DEPOT TO SHERELY PARK, AND TO TAKE OTHER ACTIONS RELATIVE TO THE CURRENT AND FUTURE USE OF SHERELY PARK. WHEREAS, The Anna Area Historical Preservation Society (AAHPS) has proposed that the Historical Anna Train Depot (the "Depot) be relocated to Sherley Park and that Sherley Park be redeveloped for other uses consistent with this historical structure, and; WHEREAS, the AAHPS proposal is consistent with the recommendations outlined in the Anna Downtown Development Plan that was adopted by the City Council of the City of Anna, Texas (the "City Council") on July 28, 2015, and; WHEREAS, on July 17, 2017 the Parks Advisory Board reviewed the AAHPS proposal and voted to recommend that the City Council approve the plan to relocate the Depot to Sherley Park, and; WHEREAS, Staff has advised that the existing ball field at Sherley Park is too small to facilitate sanctioned league baseball games, and that said field is currently only used for baseball practices, and; WHEREAS, baseball practices displaced by the reuse of Sherley Park will be relocated to Slayter Creek Park, and; WHEREAS, the City Council desires to approve and facilitate the proposal by the AAHPS to relocate the Depot to Sherley Park; 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 Agreement The City Council hereby authorizes the City Manager to execute an Agreement with the Anna Area Historical Preservation Society to relocate the Historical Anna Train Depot to Sherley Park, and to restore, remodel and refurbish said Depot consistent with the Depot Concept Plan attached hereto as Exhibit 1 and other construction plans to be approved by the City. Said Agreement shall be approved as to form by the City Attorney. Section 3. Use of Sherley Park The City Council hereby directs the City Manager to take any actions that are necessary (with respect to changing or limiting the use of Sherley Park) to facilitate the activities authorized by the Agreement. The City Council further directs the City Manager to prepare a concept plan for the redevelopment of Sherley Park for uses that will be consistent with and complimentary to the Depot Concept Plan. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 24tn day of October, 2017. ATTEST: Carrie L. Smith, City Secretary APPROVED: Justin Burr, Mayor Pro Tern a • Y- z0 o� �a z of F— U) W r Z 0 Q U) ZW z —W a r W F— w W Q-� Z5 Z° Q�. TACARCHI'TECTURE AND PLANNING JAMES T. WEST, ARCHITECTAND PLANNER P.O. BOX 806 MCKINNEY, TEXAS 75070 tao75070CcDtx.rr.com 1 V I 11.._ F L -% I V N.T.S. SD1 1 PLAN 0 DIAM. BLACK PAINTED STEEL SAFETY RAIL WITH 'K PAINTED STEEL NEWELS AT 8'-0" O.C. WOVEN WIRE CABLES CONT. AT 4° O.C. VERT. WINDOW SCHEDULE WINDOW DESCRIPTION REMARKS(E = EXISTING RESTORED) DOOR SCHEDULE DOOR DESCRIPTION TYRE. REMARKS (E = EXIST'G RESTORED) Z 0W r �QQ w LL z Z� z Oa r� r / W Z .O Q v/ Z z W Q Q r J _Lu W ZT z O co TE TACARCHITECTURE AND PLANNING JAMEST WEST, ARCHITECT AND PLANNER, PO. BOX 806 MCKINNEY, TEXAS 75070 tao75070()tx.rr.com A EAST ELEVATION 3/8"=1'-0" 2 NORTH ELEVATION 3/8"=V-0" 3 SOUTH EL 3/8"=1'-0" EVATI O z 0 O a .0z a 'w Z- ,:O :z w z _ d IY IL n r�. :D: z O r T TACARCH ITECTUR5ErAND PLANNING JAMEST. WEST, ARCHITECT AND PLANNER P.O. BOX 806 MCKINNEY, TEXAS 75070 tao75070[ bc.rr.corn VERIFY EXISTING FRAMING AT ROOF AND SUPPLEMEI AS NEEDED FOR 2X TRUSS/JOIST FRAMING AT 2' O.C. i f 1 ROOF PLAN N.T.S. TE: REMOVE EXISTING WOOD SHINGLES D RESHEATH WITH 5/8" FOIL FACED PLYWD. D 15 POUND FELT UNDER 25 YEAR GAF 3 3 SLATE FIBERGLASS SHINGLE ROOF WITH GA. GALVANIZED STEEL FLASHINGS AT SONRY CRIB CHIMNEY u ol TACARCHITECTURE AND PLANNING JAMES T. WEST, ARCHITECTAND PLANNER P.O. BOX 806 MCKINNEY, TEXAS 75070 tao7507OCcDtx. rr. com A3' 0 Y t 1 i Ilk X06, fir D ET..2.1 /A4 jD ET.2.2/A4 D ET.2.3/A4 112"=1'-0" 1/2"=1'-0" 1/2"=1'-0" Nt oco a ui D ET. 3.1 /A4 D ET. 3.2/A4 D ET.3.3/A4 z 1/2"=1'-0" 1/2"=1'-0" 1/2"=1'-0" O Idle LU z �/ie, Z Q MN n N oll, , � �`� D ET.4.1 /A4 D ET. 5/A4 aC _ /p/�af'•N \1) 1/2"-1'-0" " 1/2"=1 0 Z I- D ,o M. Z Lo TACARCHITECTURE AND PLANNING JAMEST. WEST, ARCHITECT AND PLANNER P.O. BOX 806 MCKINNEY TEXAS 75070 tao750700-tx.rr.com Ilk X06, fir D ET..2.1 /A4 jD ET.2.2/A4 D ET.2.3/A4 112"=1'-0" 1/2"=1'-0" 1/2"=1'-0" Nt oco a ui D ET. 3.1 /A4 D ET. 3.2/A4 D ET.3.3/A4 z 1/2"=1'-0" 1/2"=1'-0" 1/2"=1'-0" O Idle LU z �/ie, Z Q MN n N oll, , � �`� D ET.4.1 /A4 D ET. 5/A4 aC _ /p/�af'•N \1) 1/2"-1'-0" " 1/2"=1 0 Z I- D ,o M. Z Lo TACARCHITECTURE AND PLANNING JAMEST. WEST, ARCHITECT AND PLANNER P.O. BOX 806 MCKINNEY TEXAS 75070 tao750700-tx.rr.com Item No. 7. City Council Agenda Staff Report Meeting Date: 10/24/2017 AGENDA ITEM: Conduct a public hearing and take action on an Ordinance approving a Special Use Permit for a daycare center on a 1.185 acre tract of land located at 1201. W. White Street, requested by Mr. Kartavya Patel (Prospective Owner). (Maurice Schwanke) SUMMARY: Mr. Kartavya Patel intends to purchase a 1.185 acre tract of land located at 1201. W. White Street, and is requesting approval of a Special Use Permit to construct and operate a daycare center on the property. The property is currently zoned as C-1 (Restricted Commercial). Attached is a conceptual plan of the daycare facility and an adjacent self storage facility. Engineering plans are currently under review by City Staff. The sale of the property (as part of a land swap at Natural Springs Park) was approved during the May 2017 election. STAFF RECOMMENDATION: Staff recommends approval of the attached Ordinance. ATTACHMENTS: Description SUP Ordinance Exhbit A Location Map Site Plan Upload Date Type 10/19/2017 Ordinance 10/19/2017 Exhibit 9/29/2017 Exhibit 9/29/2017 Exhibit CITY OF ANNA, TEXAS ORDINANCE NO. (Special Use Permit) Daycare Facility on a portion of Lot 2, Block A of the AutoZone Addition. AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND APPROVING A SPECIAL USE PERMIT ON CERTAIN PROPERTIES AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, Mr. Kartavya Patel, the prospective owner of the property described in Exhibit A attached hereto has requested a Special Use Permit for said property; and WHEREAS, the Planning and Zoning Commission of the City of Anna and the City Council of the City of Anna have given the requisite notices by publication and otherwise and have held the public hearings as required by law and afforded a full and fair hearing to all property owners generally and to all persons interested in and situated in the affected area and in the vicinity thereof, the City Council of the City of Anna has concluded that the Special Use Permit be approved as follows: NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1. The Comprehensive Zoning Ordinance of the City of Anna, Texas, is amended by granting a Special Use Permit for the tract described in Exhibit A, attached hereto and made an integral part of this ordinance. The Special Use Permit shall include the following component: 1. Daycare facility as an allowable use of the Property. Section 2. The official Zoning Map of the City of Anna shall be corrected to reflect the Special Use Permit described herein. Section 3. All ordinances of the City of Anna in conflict with the provisions of this ordinance are repealed to the extent of that conflict. Section 4. This Ordinance shall take effect immediately from and after its passage and the publication of the caption of said ordinance as the law in such case provides. PASSED by the City Council of the City of Anna, Texas, this 24th day of October, 2017. ATTESTED: APPROVED: City Secretary, Carrie L. Smith Mayor Pro Tem, Justin Burr EXHIBIT A Being all that certain lot, tract, or parcel of land located in the JOSEPH SCHLUTER SURVEY, Abstract No. 856, City of Anna, Collin County, Texas, and being part of Lot 2, Block A, of Autozone Addition, an Addition to the City of Anna, Collin County, Texas, according to the plat thereof recorded in Volume 2007, Page 221, Official Public Records, Collin County, Texas, and being part of tracts of land described in deeds to Anna Community Development Corporation, recorded in Instrument No. 2009033000036590, Official Public Records, Collin County, Texas, and being more particularly described as follows: Beginning at a 1/2" iron rod with a yellow plastic cap stamped "RPLS 5310" set in the South line of W. White Street, a variable width right-of-way, at the Northwest corner of a tract of land described in deed to City of Anna, recorded in Instrument No. 200607140000982730, Official Public Records, Collin County, Texas, same being the Northeast corner of said Lot 2 of said Block A, of said Autozone Addition; Thence South 00007'00" East, a distance of 371.54' to a 1/2" iron rod with a yellow plastic cap stamped "RPLS 5310" set for corner; Thence North 87033'47" West, a distance of 134.76' to a 1/2" iron rod with a yellow plastic cap stamped "RPLS 5310" set for corner; Thence North 02045'18" East, a distance of 199.18' to a 1/2" iron rod with a yellow plastic cap stamped "RPLS 5310" set for corner; Thence North 87°05'01" West, a distance of 29.04' to a 1/2" iron rod with a yellow plastic cap stamped "RPLS 5310" set at the Southeast corner of Lot 1, of said Block A; Thence North 02054'59" East, a distance of 172.96' to a 1/2" iron rod with a yellow plastic cap stamped "RPLS 5310" set in the said South line of W. White Street, at the Northeast corner of said Lot 1; Thence South 87005'00" East, along said South line, a distance of 144.69' to the PLACE OF BEGINNING and containing 51,601 square feet or 1.185 acres of land. 0 50 100 S C A L E: 1" = 50' DIMENSION GENERAL NOTES: 1. ALL DIMENSIONS ARE MEASURED TO FACE OF CURB AS SHOWN. CONTACT ENGINEER/ARCHITECT IF THERE IS ANY DISCREPANCIES IN THE DIMENSION. 2. REFER TO ARCHITECTURAL FLOOR PLAN FOR EXACT BUILDING DIMENSIONS. 3. POLE/MONUMENT SIGN SHALL BE BY SEPARATE PERMIT. STORAGE & DAYCARE DEVELOPMENT PLANS 5.225 ACRES BEING A PART OF LOT 2, BLOCK A, OF AUTOZONE ADDITION CITY OF ANNA, COLLIN COUNTY, TEXAS B --LX. 8 SIDEWAY WEST WHITE STREET (FARM TO MARKET ROAD NO. 455) (VARIABLE WIIRTH RIGHT-OF-WAy) PROP. — 27.15' EX. 8' SIDEWALK I I u ri 1 I Fi 717 Fi 717 1 i T-1 I I N ter,-r- - - -I -- A I I I rrrrn I LOT 1 BLOCK A, I O- AUTOZONE ADDITION, L LI j ■ ■ VOL. 2007, PG. 221, I _ O.P.R.C.C.T. JI JI ■ 06 LOT 4, BLOCK A, I - ■ U) ANNA MARKET CENTER, I I — — EXISTING AUTOZONE I ml VOL. 2008, PG. 361, I 1\ — BUILDING of O.P.R.C.C.T. I - p i - 153' I i� N I ! F ■ I I► I� ■ �I o ■ N■ II LOT 5, BLOCK A, ANNA MARKET CENTER, ■ VOL. 2008, PG. 361, ■ �? O.P.R.C.C.T. II .o ■ ■ I ■ co LOT 1, BLOCK A, ANNA MARKET CENTER, ■ VOL. 2008, PG. 361, O.P.R.C.C.T. II ■ LOT 9, BLOCK A, ANNA MARKET CENTER, VOL. 2008, PG. 361, O.P.R.C.C.T. 5 ■ L7 - I A 30' +� � im R2' _ 1 0'R -_ 5' N N Lo R2' 151.14' c a2 30' r 30'R R2' 17.53 _ ■ II a� ■ PROPOSED 4.5' �� STORAGE I~ 64,260 S.F. ILo I TWO STORY � ! R 1- 5.225 ACRES 26'14.5' (227,621 S.F.) 20'_ I WINDMILL SELF STORAGE, LP, I INST. NO. 20100920000999400, O.P.R.C.C.T. 1 4- III R c 9' 72' 91 co ZO 9' +y R2' Ic rn rn _�j��R2' � -I I-�-I- lCD IZo�� 9' I. 63' 19' 1- 6 LOT 2R-1, BLOCK A, AUTOZONE ADDITION, VOL. 2007, PG. 221, O.P.R.C.C.T. ■ram—y■r.,m. LOT 2R-2, BLOCK A AUTOZONE ADDITION 1.18 ACRES (51,602 S.F.) i DEDICATION TO CITY L5 ANNA COMMUNITY DEVELOPMENT CORPORATION, INST. NO. 2009033000036590, O.P.R.C.C.T. 2% /30"R" I i.95' •N I�- ti`� ■ J o I . O� III EX. 8' SIDEWALK r '10'B.S&L. c" I PM v�0mh'�' ll __ 5 PROPOSED DAYCARE 8,425 S.F. 51 ONE STORY 195 STUDENTS LOT 2R-4,BLOCK A AUTOZONE ADDITION LLL 7.09' EX. 31' DRIVE 164.81' _ WAY y - _ EX. 8' SIDEWALK - — - �8' SIDEWALK_ 5'■ b ----------- 0' 41, 157.14' ■ N c j�',j rQ 1 I � :I I '.1 1.18 ACRES (51,602 S.F.) , CITY OF ANNA, I i FROM TO CITY \ INST. NO. 200607140000982730, ------ ------ I O.P.R.C.C.T. ■ w ■ ■ (o FENCED ■ I - PALYGROUND I I �} I I R2'I N 72' 2' I N I R2' 4� "' J i EXISTING R2 CREEK \ I' 9' 2418' vi M ao M ca ICI rn l _- - m ■ w \ 0 I R2' j R2'91 1 1� LOT 2R-3, ■ — — — — i BLOCK A, AUTOZONE ADDITION, ■ \ /U�t \ ■ N � coo ■ ANNA COMMUNITY DEVELOPMENT CORPORATION, INST. NO. 2009033000036590, \ I O.P.R.C.C.T. \ \ EXISTING \ \ �_- CREEK 10' B.S & L.S. ■ \ \ I'll1 � / CITY OF ANNA, INST. NO. \ \ 200607140000982730, \ O.P.R.C.C.T. \ \ I LEGEND PUBLIC UTILITY EASEMENT P.U.E. SANITARY SEWER EASEMNET S.E. DRAINAGE EASEMENT D.E. WATERLINE EASEMENT W.E. CLEAN OUT C.O. GAS METER GM ELECTRICAL TRANSFORMER ET FIRE HYDRANT FH SANITARY SEWER MANHOLE SSMH STORM SEWER MANHOLE STMMH WATER VAULT EASEMENT W.V.E. ACCESS EASEMENT A.E. VARIABLE WIDTH ACCESS EASEMENT V.W.A.E. FIRE, ACCESS, & UTILITY EASEMENT F.A.U.E. UTILITY EASEMENT U.E. BUILDING LINE B.L. LANDSCAPE SETBACK L.S. FIRE DEPARTMENT CONNECTION F.D.C. FINISHED FLOOR ELEVATION F.F.E. PROPOSED FIRE LANE 0 I Item No. 8. City Council Agenda Staff Report Meeting Date: 10/24/2017 YOUR) HOMETOWN AGENDA ITEM: Consider/Discuss/Action on a Resolution approving Interlocal Agreements with the cities of Van Alstyne and Howe regarding purchase of water (City Manager) �Y�J►�i 1 Ji I_1:�'il As a members of the Collin Grayson Municipal Alliance (CGMA), the cities of Anna, Melissa, Van Alstyne, and Howe each have a minimum take or pay (MT/P) agreement with the Greater Texoma Utility Authority and the North Texas Municipal Water District for the purchase a certain amount of treated surface water annually. For the water year that ended July 31, 2017 (2017 Water Year), the City of Anna's minimum take or pay obligation was 94,639,500 gallons. For the 2017 Water Year, both Melissa and Anna used water well in excess of their MT/P amounts. The City of Anna used 221,820,300 gallons exceeding our minimum take or pay amount by 127,180,800 gallons. The cities of Van Alstyne and Howe used very little of their surface water MT/P amount and have excess capacity available. Once all four CGMA Cities reach the MT/P, or when any combination of cities exceed the total CGMA MT/P volume for the subject water year, the excess water is charged to that respective City or cities at the cost then in effect for excess volumes (the NTMWD "excess water rate) which is much lower than the normal customer rate. However, when a city exceeds the MT/P amount during a water year, the MT/P for the next year resets to the amount used during the previous water year. Water purchased for the MT/P amount for the following year is charged at the normal NTMW D customer rate which is increasing every year. In order to minimize the increase in our MT/P for the 2018 Water Year, the City of Anna has the option to purchase a portion of the unused MT/P from the cities of Van Alstyne and Howe at a "blended rate" which is the average between the NTMWD "excess water rate" and the NTMWD customer rate. A blend of the District customer rate and the District excess water rate would allow the City to acquire water at an rate that exceeds the excess water rate for users exceeding the MT/P but less than the District customer rate which we would have to pay in the 2018 water year. It also allows our CGMA partner cities that are currently using less than their MT/P to recoup a portion of the MT/P District customer rate that they paid during the fiscal year. By acquiring unused MT/P, the purchasing cities are allowing the selling cities to recoup a portion of the cost they paid during the water year for their obligated MT/P. Additionally, this intra CGMA buy -sell arrangement helps to keep the total CGMA MT/P as well as the purchasing City MT/P at a lower level thus facilitating overall lower MT/P. This concept will cease to provide such benefits when all CGMA participants are using their MT/P or when any other water cost component ceases to be a benefit for either a selling or buying City. In previous years, the City of Anna has sold excess MT/P capacity to the City of Melissa; however, the growth of the City has necessitated us using surface water in excess of our MT/P amount for the past three water years. The cities of Van Alstyne and Howe are willing to sell a portion of their MT/P capacity to the City of Anna. Details of the methodology to determine the rate and the gallons are in the attached memo (Exhibit A, MT/P Concept Report) presented to CGMA city Mayors last month. If approved, the attached I LA's will authorize the purchase of 22,592,100 gallons from the City of Van Alstyne ($34,339.99) and 28,376,100 from the City of Howe ($43,131.75) for a total cost of $77,471.74. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution and I nterlocal Agreements with the cities of Van Alstyne and Howe. ATTACHMENTS: Description Upload Date Type Resolution Authorizing MTP Purchase Agreements 10/19/2017 Resolution Exhibit 1, Van Alstyne ILA 10/19/2017 Exhibit Exhibit 2, Howe ILA 10/19/2017 Exhibit Exhibit A, MTP Concept Report 10/19/2017 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION RELATED TO TWO INTER -LOCAL AGREEEMNTS BETWEEN THE CITIES OF ANNA AND VAN ALSTYNE, AND THE CITIES OF ANNA AND HOWE IN WHICH VAN ALSTYNE AND HOWE AGREE TO TRANSFER A PORTION OF THEIR RESPECTIVE CONTRACTUAL MINIMUM TAKE OR PAY WATER OBLIGATION WITH THE GREATER TEXOMA UTILITY AUTHORITY TO THE CITY OF ANNA IN EXCHANGE FOR AN AGREED PAYMENT FROM ANNA AND AUHORIZING THE EXECUTION AND ADMINISTRATION OF SAID INTER -LOCAL AGREEMENTS WHEREAS, the Cities of MELISSA, ANNA, VAN ALSTYNE, and HOWE have previously authorized and executed agreements with the Greater Texoma Utility Authority for a surface water supply system to be planned, funded, constructed, and operated by GTUA, including the payment of monthly minimum take or pay water purchase provisions necessary to fund said water transmission system and purchase of potable water; and WHEREAS, the Cities VAN ALSTYNE and HOWE have chosen to not accept delivery of some or all of the required water through the end of the 2017 water year (ended July 31, 2017) and each of said Cities desire to transfer a portion of its respective and obligated minimum take or pay for said 2017 water year to the City of ANNA for consideration detailed in an inter -local agreement; and WHEREAS, the City of ANNA has indicated interest in purchasing a portion of the minimum take or pay from the Cities of VAN ALSTYNE and HOWE for the water year ended July 31, 2017 as explained in a report memorandum to the City Managers / Administrators of the Cities of Melissa, Anna, Van Alstyne, and Anna dated September 11, 2017 by Donald E. Paschal, Jr., consultant to said cities, which memorandum is attached to the respective Inter -local agreements for each specified City as "Exhibit A"; and WHEREAS, it is acknowledged that a companion or similar agreement is contemplated between the CGMA-GTUA Purchasing Cities of Melissa and Anna and the CGMA- GTUA Selling Cities of Van Alstyne and Howe. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: SECTION 1: The City Council of the City of Anna authorizes the City Manager to execute inter -local agreements with the Cities of Van Alstyne and Howe, attached and incorporated herein as Exhibit 1 and Exhibit 2 respectively, under the terms detailed in said inter -local agreements, each of which provides for the following: A. Receiving the transfer of a portion of said selling City's GTUA required minimum take or pay to Anna as provided for in the respective Inter -local Agreement. B. Paying the invoice submitted by the respective selling City for the agreed portion of the 2017 water year minimum take or pay specified in the inter -local agreement as provided for in said inter -local agreement. SECTION 2: It is specifically provided that the participating cities shall have the right to verify quantities of water with the GTUA prior to final consummation of the attached agreement. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 24tn day of October, 2017. ATTEST: APPROVED: City Secretary Carrie L. Smith Mayor Pro-Tem Justin Burr INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF ANNA, TEXAS AND THE CITY OF VAN ALSTYNE, TEXAS FOR PURCHASE AND CORRESPONDING SALE OF A PORTION OF THE SELLING CITIES MINIMUM TAKE OR PAY OBLIGATION UNDER THE GTUA- CITIES OF MELISSA, ANNA, VAN ALSTYNE, AND HOWE POTABLE WATER SUPPLY CONTRACT THIS AGREEMENT is made and entered by and between the CITY OF ANNA, TEXAS, a Texas Home -Rule Municipal Corporation, hereinafter referred to as "Anna", and CITY OF VAN ALSTYNE, TEXAS, a Texas General Law City hereinafter referred to as "Van Alstyne", collectively referred to herein as the "Cities", as follows: WITNESSETH: WHEREAS, both Anna and Van Alstyne are political subdivisions within the meaning of Interlocal Cooperation Act, Texas Government Code, Chapter 791, as amended (the "Act"); and WHEREAS, the Act provides authority for entities such as Anna and Van Alstyne to enter into inter -local agreements with each other to perform governmental functions and services as set forth in the Act; and WHEREAS, each of the Cities has previously entered into an agreement with the Greater Texoma Utility Authority, hereinafter referred to as "GTUA" for the planning, construction, funding, and operations of a surface water supply system to serve the collective Contract Cities of Melissa, Anna, Van Alstyne, and Howe, which agreement specifies the obligations of each participant; and WHEREAS, each of said Cities has entered an Amended and Restated Contract for Water Supply providing that from the time water has been delivered to each Participating City for one month and forward, on a monthly basis, each Participating City shall be charged for water at the greater of its minimum take -or -pay amount (MT-P) under the Potable Water Supply Contract made and entered between such Participating City and GTUA; and WHEREAS, for the water year 2016-2017 ended July 31, 2017 as provided for in said water purchase agreements, including the North Texas Municipal Water District, hereinafter referred to as "NTMWD" standard water purchase agreement, only the Cities of Melissa and Anna received delivery of water which equaled or exceeded the individual City required MT-P; and WHEREAS, the Contract Cities of Melissa, Anna, Van Alstyne, and Howe have a multi- year precedent of the referenced Minimum Take or Pay Buy -Sell concept as referenced herein and as is further referenced and detailed in "Exhibit A" attached hereto for reference in establishing the buy -sell rate; and WHEREAS, the Cities Van Alstyne and Howe are desirous of selling to Melissa and Anna a portion of their unused MT-P and Melissa / Anna are willing to purchase a portion of the MT-P Transfer agreement for 2017 water year — Anna / Van Alstyne - Page 1 unused minimum MT-P as defined in this agreement and detailed in "Exhibit A" thus allowing Van Alstyne and Howe to recover a portion of the purchased but unused MT-P for the stated water year; and WHEREAS, the background of the above noted agreements, volumes, rates, and circumstances are further detailed in the September 11, 2017 memorandum attached hereto for reference and labeled "Exhibit A". NOW, THEREFORE, ANNA and VAN ALSTYNE, for and in consideration of the recitals set forth above and terms and conditions below, agree as follows: I. TERM This Agreement shall apply to the NTMWD water year ended July 31, 2017 and shall be executed and consummated in full between October 1, 2017 and December 31, 2017 and shall not apply to subsequent water volumes or water years unless said Cities so authorize by subsequent agreement. II. AGREEMENT The Cities agree that VAN ALSTYNE shall transfer gallons (22,592.1) one thousand gallon increments) of MT-P water to ANNA for the water year ended July 31, 2017 and ANNA shall remit to VAN ALSTYNE a payment for said transfer of MT-P at the rate of $1.52 per thousand gallons totaling in the sum of $34,339.99 as payment in full for said portion of VAN ALSTYNE's MT-P. Following execution of this agreement, VAN ALSTYNE shall submit to ANNA an invoice for the transfer of the described MT-P for the above stated sum and ANNA shall remit payment for said transfer within fifteen (15) days of receipt of said invoice, it being the intent that this transaction shall be completed on or before December 31, 2017, although it is specifically provided that completion of said invoicing and payment after said date shall not invalidate any portion of this agreement, it being the intent however to complete said transaction by the stipulated date. III. RESPONSIBILITIES OF THE PARTIES 1. The respective City Councils of ANNA and VAN ALSTYNE shall each approve an interlocal agreement authorizing the sale / purchase of MT-P as described herein and further detailed in the attached Exhibit A. 2. VAN ALSTYNE, following approval of the interlocal agreement by each party thereto shall submit to ANNA an invoice for the referenced gallons of MT-P water detailed above in Section II and in the stipulated amount. 3. ANNA shall remit to VAN ALSTYNE the above stated payment for the transferred MT- P within fifteen (15) working days of the receipt of referenced invoice. 4. Any party hereto wishing to verify the metered quantities of water or the portion of the minimum take or pay to which this agreement refers shall be entitled to verification subject to MT-P Transfer agreement for 2017 water year — Anna / Van Alstyne - Page 2 said verification being completed prior to the submission of the invoice referenced in item III — 2 above. Should GTUA verification indicate a different volume of minimum take or pay than referenced herein, the parties hereto shall modify said quantity and the resultant payment for said quantity of minimum take or pay prior to the invoicing and payment phase (item III — 2 & 3 above). IV. TERMINATION C. The Cities recognize that this Agreement shall commence upon the effective date herein and continue in full force and effect until termination in accordance with its provisions. Anna and Van Alstyne herein recognize that the continuation of any contract after the termination of this agreement or impacting any future water year shall be subject to City Council approval for each City, respectively. Following termination of this agreement, or should either City fail to execute this agreement, there shall be no further commitment hereunder. V. RELEASE AND HOLD HARMLESS Anna and Van Alstyne, to the extent authorized under the constitution and laws of the State of Texas, agree to be responsible for their own acts of negligence which may arise in connection with any and all claims for damages, cost, and expenses to person or persons and property that may arise out of or be occasioned by this Agreement. In the event of joint and concurrent negligence, Anna and Van Alstyne agree that responsibility shall be apportioned comparatively. This obligation shall be construed for the benefit of the parties hereto, and not for the benefit of any third parties, nor to create liability for the benefit of any third parties, nor to deprive the parties hereto of any defenses each may have as against third parties under the laws and court decisions of the State of Texas. VI. AUTHORITY TO SIGN The undersigned officer and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto. The Cities have executed this Agreement pursuant to the authority granted by its governing body. IX. SEVERABILITY The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held to be contrary to the law or contrary to any rule or regulation having the force and effect of the law, such decisions shall not affect the remaining portions of the Agreement. However, upon the occurrence of such event, either party may terminate this Agreement by giving the other party thirty (30) days written notice. MT-P Transfer agreement for 2017 water year — Anna / Van Alstyne - Page 3 X. VENUE This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. The parties agree that this Agreement shall be enforceable in Collin County, Texas, and, if legal action is necessary, exclusive venue shall lie in Collin County, Texas. XI. INTERPRETATION OF AGREEMENT It is acknowledged that this is a negotiated document. Should any part of this Agreement be in dispute, the Cities agree that the Agreement shall not be construed more favorably for either City. XII. REMEDIES No right or remedy granted herein or reserved to the parties is exclusive of any right or remedy granted by law or equity; but each shall be cumulative of every right or remedy given hereunder. No covenant or condition of this Agreement may be waived without the express written consent of the parties. It is further agreed that one (1) or more instances of forbearance by either party in the exercise of its respective rights under this Agreement shall in no way constitute a waiver thereof. XIII. SUCCESSORS AND ASSIGNS The parties each bind themselves, their respective successors, executors, administrators and assigns to the other party to this contract. Neither party will assign, sublet, subcontract or transfer any interest in this Agreement without the prior written consent of the other party. No assignment, delegation of duties or subcontract under this Agreement will be effective without the written consent of both parties. MT-P Transfer agreement for 2017 water year — Anna / Van Alstyne - Page 4 IN WITNESS WHEREOF, the parties have executed this Agreement by signing below. Date: APPROVED AS TO FORM: CITY ATTORNEY Date: APPROVED AS TO FORM CITY ATTORNEY CITY OF ANNA, TEXAS By: Philip Sanders City Manager CITY OF VAN ALSTYNE, TEXAS Larry Cooper Mayor MT-P Transfer agreement for 2017 water year — Anna / Van Alstyne - Page 5 ACKNOWLEDGMENTS STATE OF TEXAS § COUNTY OF COLLIN § This instrument was acknowledged before me on the day of 2017, by of the City of Anna, Texas, a Texas Home -Rule Municipal Corporation, on behalf of said municipality. Notary Public, State of Texas STATE OF TEXAS § COUNTY OF GRAYSON § This instrument was acknowledged before me on the day of , 2017, by , of the City of Van Alstyne, Texas, a Texas General Law City, on behalf of said municipality. Notary Public, State of Texas Exhibit A Attach copy of September 11, 2017 memorandum from Donald E. Paschal, Jr. to CGMA City Managers regarding the subject: Sale of GTUA-CGMA Minimum Take or Pay to Participant City MT-P Transfer agreement for 2017 water year — Anna / Van Alstyne - Page 6 INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF ANNA, TEXAS AND THE CITY OF HOWE, TEXAS FOR PURCHASE AND CORRESPONDING SALE OF A PORTION OF THE SELLING CITIES MINIMUM TAKE OR PAY OBLIGATION UNDER THE GTUA- CITIES OF MELISSA, ANNA, VAN ALSTYNE, AND HOWE POTABLE WATER SUPPLY CONTRACT THIS AGREEMENT is made and entered by and between the CITY OF ANNA, TEXAS, a Texas Home -Rule Municipal Corporation, hereinafter referred to as "Anna", and CITY OF HOWE, TEXAS, a Texas General Law City hereinafter referred to as "Howe", collectively referred to herein as the "Cities", as follows: WITNESSETH: WHEREAS, both Anna and Howe are political subdivisions within the meaning of Interlocal Cooperation Act, Texas Government Code, Chapter 791, as amended (the "Act"); and WHEREAS, the Act provides authority for entities such as Anna and Howe to enter into inter -local agreements with each other to perform governmental functions and services as set forth in the Act; and WHEREAS, each of the Cities has previously entered into an agreement with the Greater Texoma Utility Authority, hereinafter referred to as "GTUA" for the planning, construction, funding, and operations of a surface water supply system to serve the collective Contract Cities of Melissa, Anna, Van Alstyne, and Howe, which agreement specifies the obligations of each participant; and WHEREAS, each of said Cities has entered an Amended and Restated Contract for Water Supply providing that from the time water has been delivered to each Participating City for one month and forward, on a monthly basis, each Participating City shall be charged for water at the greater of its minimum take -or -pay amount (MT-P) under the Potable Water Supply Contract made and entered between such Participating City and GTUA; and WHEREAS, for the water year 2016-2017 ended July 31, 2017 as provided for in said water purchase agreements, including the North Texas Municipal Water District, hereinafter referred to as "NTMWD" standard water purchase agreement, only the Cities of Melissa and Anna received delivery of water which equaled or exceeded the individual City required MT-P; and WHEREAS, the Contract Cities of Melissa, Anna, Van Alstyne, and Howe have a multi- year precedent of the referenced Minimum Take or Pay Buy -Sell concept as referenced herein and as is further referenced and detailed in "Exhibit A" attached hereto for reference in establishing the buy -sell rate; and WHEREAS, the Cities Van Alstyne and Howe are desirous of selling to Melissa and Anna a portion of their unused MT-P and Melissa / Anna are willing to purchase a portion of the unused minimum MT-P as defined in this agreement and detailed in "Exhibit A" thus allowing MT-P Transfer agreement for 2017 water year — Melissa / Van Alstyne - Page 1 Van Alstyne and Howe to recover a portion of the purchased but unused MT-P for the stated water year; and WHEREAS, the background of the above noted agreements, volumes, rates, and circumstances are further detailed in the September 11, 2017 memorandum attached hereto for reference and labeled "Exhibit A". NOW, THEREFORE, ANNA and HOWE, for and in consideration of the recitals set forth above and terms and conditions below, agree as follows: W., This Agreement shall apply to the NTMWD water year ended July 31, 2017 and shall be executed and consummated in full between October 1, 2017 and December 31, 2017 and shall not apply to subsequent water volumes or water years unless said Cities so authorize by subsequent agreement. II. AGREEMENT The Cities agree that HOWE shall transfer 28,376,100 gallons (28,376.1 one thousand gallon increments) of MT-P water to ANNA for the water year ended July 31, 2017 and ANNA shall remit to HOWE a payment for said transfer of MT-P at the rate of $1.52 per thousand gallons totaling in the sum of $43,131.75 as payment in full for said portion of HOWE's MT-P. Following execution of this agreement, HOWE shall submit to ANNA an invoice for the transfer of the described MT-P for the above stated sum and ANNA shall remit payment for said transfer within fifteen (15) days of receipt of said invoice, it being the intent that this transaction shall be completed on or before December 31, 2017, although it is specifically provided that completion of said invoicing and payment after said date shall not invalidate any portion of this agreement, it being the intent however to complete said transaction by the stipulated date. III. RESPONSIBILITIES OF THE PARTIES 1. The respective City Councils of ANNA and HOWE shall each approve an interlocal agreement authorizing the sale / purchase of MT-P as described herein and further detailed in the attached Exhibit A. 2. HOWE, following approval of the interlocal agreement by each party thereto shall submit to ANNA an invoice for the referenced gallons of MT-P water detailed above in Section II and in the stipulated amount. 3. ANNA shall remit to HOWE the above stated payment for the transferred MT-P within fifteen (15) working days of the receipt of referenced invoice. 4. Any party hereto wishing to verify the metered quantities of water or the portion of the minimum take or pay to which this agreement refers shall be entitled to verification subject to said verification being completed prior to the submission of the invoice referenced in item III — 2 above. Should GTUA verification indicate a different volume of minimum take or pay than MT-P Transfer agreement for 2017 water year — Melissa / Van Alstyne - Page 2 referenced herein, the parties hereto shall modify said quantity and the resultant payment for said quantity of minimum take or pay prior to the invoicing and payment phase (item III — 2 & 3 above). IV. TERMINATION C. The Cities recognize that this Agreement shall commence upon the effective date herein and continue in full force and effect until termination in accordance with its provisions. Anna and Howe herein recognize that the continuation of any contract after the termination of this agreement or impacting any future water year shall be subject to City Council approval for each City, respectively. Following termination of this agreement, or should either City fail to execute this agreement, there shall be no further commitment hereunder. V. RELEASE AND HOLD HARMLESS Anna and Howe, to the extent authorized under the constitution and laws of the State of Texas, agree to be responsible for their own acts of negligence which may arise in connection with any and all claims for damages, cost, and expenses to person or persons and property that may arise out of or be occasioned by this Agreement. In the event of joint and concurrent negligence, Anna and Howe agree that responsibility shall be apportioned comparatively. This obligation shall be construed for the benefit of the parties hereto, and not for the benefit of any third parties, nor to create liability for the benefit of any third parties, nor to deprive the parties hereto of any defenses each may have as against third parties under the laws and court decisions of the State of Texas. VI. AUTHORITY TO SIGN The undersigned officer and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto. The Cities have executed this Agreement pursuant to the authority granted by its governing body. IX. SEVERABILITY The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held to be contrary to the law or contrary to any rule or regulation having the force and effect of the law, such decisions shall not affect the remaining portions of the Agreement. However, upon the occurrence of such event, either party may terminate this Agreement by giving the other party thirty (30) days written notice. X. VENUE MT-P Transfer agreement for 2017 water year — Melissa / Van Alstyne - Page 3 This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. The parties agree that this Agreement shall be enforceable in Collin County, Texas, and, if legal action is necessary, exclusive venue shall lie in Collin County, Texas. XI. INTERPRETATION OF AGREEMENT It is acknowledged that this is a negotiated document. Should any part of this Agreement be in dispute, the Cities agree that the Agreement shall not be construed more favorably for either City. XII. REMEDIES No right or remedy granted herein or reserved to the parties is exclusive of any right or remedy granted by law or equity; but each shall be cumulative of every right or remedy given hereunder. No covenant or condition of this Agreement may be waived without the express written consent of the parties. It is further agreed that one (1) or more instances of forbearance by either party in the exercise of its respective rights under this Agreement shall in no way constitute a waiver thereof. XIII. SUCCESSORS AND ASSIGNS The parties each bind themselves, their respective successors, executors, administrators and assigns to the other party to this contract. Neither party will assign, sublet, subcontract or transfer any interest in this Agreement without the prior written consent of the other party. No assignment, delegation of duties or subcontract under this Agreement will be effective without the written consent of both parties. MT-P Transfer agreement for 2017 water year — Melissa / Van Alstyne - Page 4 IN WITNESS WHEREOF, the parties have executed this Agreement by signing below. Date: APPROVED AS TO FORM: CITY ATTORNEY Date: APPROVED AS TO FORM CITY ATTORNEY CITY OF ANNA, TEXAS By: Philip Sanders City Manager CITY OF HOWE, TEXAS LE Joe Shepherd City Administrator MT-P Transfer agreement for 2017 water year — Melissa / Van Alstyne - Page 5 ACKNOWLEDGMENTS STATE OF TEXAS § COUNTY OF COLLIN § This instrument was acknowledged before me on the day of 2017, by of the City of Anna, Texas, a Texas Home -Rule Municipal Corporation, on behalf of said municipality. Notary Public, State of Texas STATE OF TEXAS § COUNTY OF GRAYSON § This instrument was acknowledged before me on the day of , 2017, by of the City of Howe, Texas, a Texas General Law City, on behalf of said municipality. Notary Public, State of Texas Exhibit A Attach copy of September 11, 2017 memorandum from Donald E. Paschal, Jr. to CGMA City Managers regarding the subject: Sale of GTUA-CGMA Minimum Take or Pay to Participant City MT-P Transfer agreement for 2017 water year — Melissa / Van Alstyne - Page 6 DONALD E. PASCHAL, JR. 904 Parkwood Court McKinney, TX 75070 Tel. & FAX 972.529.1325 email: don@paschalconsulting.com To: CGMA City Managers Subject: Sale of GTUA-CGMA Minimum Take or Pay to Participant City Date: September 11, 2017 Both Melissa and Anna used water in excess of their required GTUA-CGMA minimum take or pay (MT/P) through the North Texas Municipal Water District (NTMWD) agreement for the water year ended July 31, 2017. Based on prior year precedents, a member City may acquire a portion of the MT/P from other CGMA member Cities at an agreed price. If there were no other source of water, the price would be the standard CGMA-GTUA price based on the MT/P, unless the purchasing city had exceeded its MT/P. In the case of both Melissa and Anna, however, both have significantly exceeded their MT/P. Once a city exceeds their MT/P for any year, they have the right by contract to acquire additional water under the NTMWD excess rate for the applicable water year. Or, in the case of Melissa, they could intentionally choose to shift the use to either the GTUA / CGMA meter or to their previously existing supply meter with NTMWD (hereinafter referenced as the original NTMWD meter) which would be at a lesser cost per 1000 gallons or they (Melissa) could choose to shift consumption to the GTUA-CGMA meter to use some of the other cities Minimum Take or Pay (MT-P) if the cost were attractive. Since the 2015 water year, Melissa and Anna both exceeded their MT/P thus affording them the option of buying NTMWD water at the excess water rate. The excess water rate is the easiest option to understand and to calculate; additionally, it was the methodology used in the buy -sell agreements for the 2015 water year (one year ago). This action has allowed other CGMA Cities an opportunity to recoup a portion of the MT/P water cost paid during the water year. For the recently completed 2017 water year (ended July 31, 2017) both Melissa and Anna exceeded their MT/P sufficiently to purchase 100% of the other two cities (Van Alstyne and Howe) MT/P (as was the case in 2016). The details of the proposed transaction are provided below; the explanation and process are intended to be as simple as possible. The basic concept is that two CGMA Cities (Van Alstyne and Howe) sell the unused portion of their MT/P to user Cities exceeding their respective MT/P at an agreed price that provides benefits to both seller and buyer. The following summary is an update of the similar / same document / transaction from last year. This program is not regulated or controlled by GTUA, but is purely an agreement among CGMA participating cities for the benefit of the participants. MT/P obligations are paid by all cities in equal monthly payments beginning in October and concluding in September of each budget year for the MT/P as set for the water year beginning in August of each year. Participation in this program is not a requirement, but a choice that each participant determines independently. However, the purpose is: 1. To allow selling Cities to recoup a portion of the funds already spent for their required MT/P; and 2. To provide a mechanism for purchasing cities to pay for water actually used while keeping their respective MT/P at lower levels 2 Background: • Minimum Take or Pay / City - CGMA City MT/P: The base MT/P water purchase for the 2017 water year (minimum contract provision that the GTUA-CGMA system has with NTMWD for water) was a total of 383,733,000 gallons of water annually (MT/P amount) which represents 383,733 one -thousand gallon increments (K gals). Each CGMA City is responsible for the lesser of 59,312.5 K gals or the previously set higher MT/P based on use plus pumping and related cost). Once all four CGMA Cities reach the MT/P, or when any combination of cities exceed the total CGMA MT/P volume for the subject water year, the excess water is charged to that respective City or cities at the cost then in effect for excess volumes (plus proportionate pumping and related costs) over the 59,312 K gallon volume which is the responsibility of each City. A blend of the base rate and the District excess water rate would allow the cities to acquire water at an rate that exceeds the excess water rate for users exceeding the MT-P but less than the base rate while the cities using less than their MT/P would recoup a portion of the MT/P base rate that they paid during the fiscal year. It is noted that when the MT/P is exceeded by any individual City, a new MT/P is established for the subsequent year. By acquiring unused MT/P, the purchasing cities are allowing the selling cities to recoup a portion of the cost they paid during the water year for their obligated MT/P. Additionally, this intra CGMA buy -sell arrangement helps to keep the total CGMA MT/P as well as the purchasing City MT/P at a lower level thus facilitating overall lower MT/P. This concept will cease to provide such benefits when all CGMA participants are using their MT/P or when any other water cost component ceases to be a benefit for either a selling or buying City.. 2016-2017 water year take - For the recently ended water year, only Melissa and Anna have taken their respective full MT-P water. For the water year ended July 31, 2017, Melissa and Anna took water through all of the year and with continued growth both are expected to continue to take volumes equaling or exceeding their MT/P for future years. Van Alstyne took a small amount of water in the 2016; Howe did not take any water year. Van Alstyne is expected to begin taking water their full MT/P soon. Howe has indicated it is working on a plan to begin taking water, but no firm date has yet been set. During the 2017 water year, ground water sources continued to provide a significant portion of the water used by Anna and most of the water used by Van Alstyne, and all of Howe's water. Ground water will continue to be used by these cities in the 2018 water year and beyond although it is expected that surface water will be used to accommodate growth with ground water providing a somewhat static base level of water. Break out of Maintenance Water -The total unaccounted for water in the 2017 water year was 10,241,000 gallons or 10,241 K gallons; this includes all water used for flushing the main, maintenance, and / or lost and unaccounted for water. It is noted that the volume of flushing / maintenance water, while slightly down has been fairly constant over the last couple of years. Much of this lost water due to the necessity to flush the northern portion of the CGMA transmission main since the two north most cities have not used sufficient water to maintain chlorine levels. Therefore, the line was flushed to eliminate under chlorinated and potentially stagnating water. Thus, all four of the cities have been assigned equal responsibility for flushing and maintenance water. Melissa background of separate NTMWD take point - Melissa actually takes / receives water from two points of delivery: one being the original Melissa connection with McKinney to receive water from NTMWD which dates back over 25 years and the second being the GTUA — CGMA transmission system. Each of these connections is separately metered; the original meter has a MT/P like the GTUA system. 9 Historical Practice and Buy -Sell Rate Calculation —A blended rate methodology has been used to establish the buy -sell rate; this is the same methodology as was used for the 2016 water year. The blended rate is based on the average of the base and excess rates. For the 2017 water year, the standard rate / K gallons was $2.58 and the excess water rate was $0.46 / K gallons. These water rates and the blended calculation are illustrated below. It is noted that the using cities have all been invoiced for the McKinney Pass- through Agreement charges and the GTUA pumping and administrative charges. In the future, it may be appropriate to incorporate a portion of the GTUA administrative and maintenance cost to the charging methodology so that non -using cities pay and equitable share of those costs. The principal issue to be determined is if the non -users wish to recoup a small portion of the water cost they have already paid. Thus, at this time, the buy -sell agreements only address the price of the bought or sold potable water. It is noted that either Melissa or Anna would have paid a lesser rate under the excess water calculation than through the blended rate methodology, however, the blended rate has helped keep both the Anna and Melissa MT/P somewhat lower, thus providing something of a future benefit. Further, Melissa could also have purchased more excess water from their original meter at significant discount by avoiding the McKinney pass through fees, but the original meter MT/P would also have increased. • Continuation of Historical Calculation Methodology - It is proposed that the same rate methodology be applied to the buy -sell agreements as was used in the 2016 water year buy -sell agreements. Cost Calculations for 2016-17 water year - The cost calculations for the above described MT/P transaction that was agreed to in prior years was $1.40 / K gallons for the 2016 water year. For 2017 the blended rate is $1.52 / K gal as determined by averaging the MT/P excess water rate ($0.46 / K gal) with the NTMWD customer city base rate ($2.58 / K gal). The rate is an average of the normal CGMA Customer City rate and the NTMWD Customer City Excess Water Rate for 2017 as illustrated below: 2017 data Entities CGMA MT/P water / 1000 GIRD Melissa Excess Water Blended Average rates $2.58 $0.46 $01.52 In 2016, both Melissa and Anna took significantly more water than in prior years. In fact, the Melissa — Anna take fulfilled both their individual City MT/P volumes and even a fulfilled 100% of the Van Alstyne and Howe MT/P volumes (VA took a small volume and Howe did not take any water in the 2017 year. It should be noted that the total water take in the 2017 water year set a new MT/P for both taking cities and for the CGMA as a whole. 2017 Water Compared to MT-P —Since the volume of excess water to be purchased for the recently completed 2017 water year exceeded the full MT/P of both selling cities, the proration is technically a moot point for 2017, but as a technical matter, the proration methodology is being followed..... with the proration being 100% of the collective unused MT/P. In summary, the purchasing cities are acquiring significantly more and the selling cities are selling 100% of their MT/Ps. Additionally, this practice actually encourages a City with other options (could be separate surface source like Melissa or available well capacity like Anna) to use a portion of the M CGMA Cities MT/P by allowing that City to preserve other sources of water or to keep the other MT/P lower, at least up to the time that all the CGMA Cities are using their MT/P. Calculation of the proportionate share of unused MT-P to be sold is as follows: Proportionate Share Use: MT-P available to be sold to Excess use City for 2017 water year: MT-P Melissa Anna Van Howe Alstyne MT-P water (all in K gallons) 59,312.5 59,312.5 170,428.5 94,639.5 Used 318,890.3 221,820.3 14,128.3 2,560.3 Flushing only Unused NA NA 45,184.2 56,752.2 Excess water use over MT/P 148,461.8 127180.8 NA NA Excess water to be purchased by 50,968.2 50,968.2 NA NA excess MT-P cities Unused water to be offered for sale to NA NA 45,184.2 56,752.2 excess MT/P cities al • Applying this concept to the 2017 water year results in the following calculation: 2017 Proposed MT-P Sale Amt (divided by 2) to each buyer City Item Van Alstyne Howe K gallons offered for sale / purchase 45,184.2 56,752.2 Total amount of sale by / purchase from $ 68,679.98 $ 86,263.50 2017 Proposed MT-P Purchase Amt (divided by 2) to each seller City Item From Van Alstyne From Howe Melissa: Purchase K Gallons 22,592.1 28,376.1 Purchase $ amount $ 34,339.99 $ 43131.75 Anna: Purchase K Gallons 22,592.1 28,376.1 Purchase $ amount $ 34,339.99 $ 43,131.75 Thus, the total sale by Van Alstyne is $68679.98 and by Howe is $ 86,263.50 and, the total purchase by both Melissa and Anna is: $ 77,471.74 Implementation of Sale / Purchase: Buying City Actions - Melissa and Anna may purchase from each of the other two CGMA Cities (Van Alstyne, and Howe) the above calculated portion of the Van Alstyne and Howe unused CGMA MT/P for the 2017 water year. In actuality, both Melissa and Anna used in excess of the additional other cities MT/P as shown in the proportionate share use chart above. 5 Selling City Actions - Van Alstyne may agree to sell 45,184.2 K gallons as shown above to Melissa and Anna (50% to each) and Howe may agree to sell 56,752.2 K gallons to Melissa and Anna (50% to each of MT-P at the agreed rate of $1.52 / K gallons as illustrated in the above table. Under this scenario, Melissa and Anna each would pay a total of $77,471.74 assuming both Cities choose to buy said unused MT/P and both Van Alstyne and Howe choose to sell their respective volumes of unused MT/P divided between the selling Cities as indicated in the above chart. Process / Steps: 1. GTUA has verified the volumes from NTMWD billings; the above is believed to be the final calculations or near final calculations of water purchased from NTMWD. 2. Each of the two selling Cities may adopt a Resolution authorizing an inter -local agreement to sell the above noted MT/P to Melissa and Anna at the agreed rate. 3. Melissa and Anna may adopt a Resolution authorizing an inter -local agreement to purchase the above noted MT/P from the two respective Cities at the agreed rate. 4. An inter -local agreement will be attached to each of the Resolutions noted in items 2 & 3 detailing the provisions of the sale / purchase between the selling CGMA Cities (Van Alstyne and Howe) and the purchasing Cities (Melissa and Anna). 5. Following approval of Resolutions and execution of the inter -local agreements, Melissa and Anna will be able to pay the respective city for the agreed purchase. This can be completed by late 2017 or early 2018 as the respective cities complete authorization of the stipulated Resolutions and Inter -local Agreements. 6. Consultant will draft the respective Resolutions and inter -local agreements similar to the documents used in 2016 if so requested by the Cities. 7. It is suggested that this document be attached as a reference document to the inter -local agreement to help clarify the concept and to serve as a future reference. I Item No. 9. City Council Agenda Staff Report Meeting Date: 10/24/2017 Y{OUW HOMETOWN AGENDA ITEM: Consider/Discuss/Action regarding an Ordinance amending Ordinance No. 244-2006, as amended, to approve and provide for voluntary service by city officials to serve as members of the Board of Trustees Governing the Texas Municipal League Multistate Intergovernmental Employee Benefits Pool. (City Manager) SUMMARY: The City Manager has been asked to serve on the Board of Trustees of the Texas Municipal League Intergovernmental Empolyee Benefits Pool (TMLI EBP). As a member of the Pool the City provides insurance to its employees through TMLI EBP. The attached amendment would clarify that a city official's service on the TMLI EBP Board is not a conflict of interest. STAFF RECOMMENDATION: ATTACHMENTS: Description Upload Date Type TMLIEBP Ordinance 10/19/2017 Ordinance CITY OF ANNA, TEXAS ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS AMENDING ORDINANCE NO. 244-2006, AS AMENDED, TO APPROVE AND PROVIDE FOR VOLUNTARY SERVICE BY CITY OFFICIALS TO SERVE AS MEMBERS OF THE BOARD OF TRUSTEES GOVERNING THE TEXAS MUNICIPAL LEAGUE MULTISTATE INTERGOVERNMENTAL EMPLOYEE BENEFITS POOL; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Anna, Texas ("City Council") has in the past adopted ordinances governing the conduct of City Officials regarding conflicts, ethics, and related issues (collectively, "Ethics Code"); and WHEREAS, on or about January 10, 2006, the City Council adopted Ordinance No. 244-2006, establishing an Ethics Code governing the conduct of City Officials and said ordinance has since been amended multiple times; and WHEREAS, Ordinance No. 244-2006 includes provisions that prevent a City Official from taking official action with respect to a nonprofit entity for which the City Official serves in any policy -making position; and WHEREAS, the Texas Municipal League Multistate Intergovernmental Employee Benefits Pool ("TMLIEBP") mission is "... to provide excellent service offering competitive health benefits and administrative services to eligible municipalities and other governmental entities in Texas and other states by utilizing innovative, viable, affordable alternatives while maintaining financial integrity"; and WHEREAS, the City has obtained these types of services from TMLIEBP in the past and in so obtaining these services have taken official action on behalf of the City; and WHEREAS, no City Official has previously served as a member of the TMLIEBP Board of Trustees; and WHEREAS, the City Council has found and determined that a City Official's service on the TMLIEBP Board of Trustees should not prevent the City Official from taking official action on behalf of the City in matters related to the provision of benefits by TMLIEBP or other matters concerning TMLIEBP; and WHEREAS, the City Council has found and determined that a City Official's service on the TMLIEBP Board of Trustees will be of benefit to the City as the City in the past has had no involvement or membership on said board and that said membership will further the City Council's objective of connecting with organizations that benefit the City, its citizens and employees of the City; CITY OF ANNA, TEXAS ORDINANCE NO. Page 1 of 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Service on TMLIEBP Board of Trustees Notwithstanding any provision of City of Anna Ordinance No. 244-2006, as amended, or any provision of the Ethics Code or any other ordinance or policy previously adopted by the City, voluntary and unpaid service by a City Official on the TMLIEBP Board of Trustees shall in no manner prevent that City Official from taking official action on matters related to TMLIEBP. Such service is considered to be voluntary and unpaid despite any reimbursements made by TMLIEBP to a City Official for actual costs of travel, lodging, meals and entertainment relating to any TMLIEBP sponsored meeting, event or other activity. Section 3. Savings, Severability and Repealing Clauses. All ordinances of the City in conflict with the provisions of this ordinance are repealed to the extent of that conflict. If any provision of this ordinance shall be held to be invalid or unconstitutional, the remainder of such ordinance shall continue in full force and effect the same as if such invalid or unconstitutional provision had never been a part hereof. The City declares that it would have passed this ordinance, and each section, subsection, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. Section 4. Publication of the Caption Hereof and Effective Date. This ordinance shall be in full force and effective after its passage.. PASSED by the City Council of the City of Anna, Texas, this day of , 2017. ATTESTED: APPROVED: City Secretary, Carrie Smith Mayor Pro Tem, Justin Burr CITY OF ANNA, TEXAS ORDINANCE NO. Page 2 of 2