HomeMy WebLinkAboutCCpkt2016-08-09A
Y{OUR} HOMETOWN
1. Call to Order.
AGENDA
City Council Work Session
Tuesday, August 9, 2016 @ 6:30 PM
Anna City Hall, Council Chambers
111 N. Powell Parkway, Anna, Texas 75409
2. Roll Call and Establishment of Quorum
3. Briefing/Discussion regarding the proposed FY 17 Budget. (Clayton Fulton).
4. Briefing/Discussion regarding Slayter Creek Park & Trail drainage improvements.
(City Manager)
5. CLOSED SESSION (EXCEPTIONS)
Under Tex. Gov't Code Chapter 551, the City Council may enter into closed
session to discuss any items listed or referenced on this agenda under the
following exceptions:
a. consult with legal counsel regarding pending or contemplated litigation and/or
on matters in which the duty of the attorney to the governmental body under
the Texas Disciplinary Rules of Professional Conduct of the State Bar of
Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't
Code §551.071);
b. discuss or deliberate the purchase, exchange, lease, or value of real property
(Tex. Gov't Code §551.072); acquisition of right-of-way, easements, and land
for municipal facilities.
The Council further reserves the right to enter into executive session at any time
throughout any duly noticed meeting under any applicable exception to the
Open Meetings Act.
6. Consider/Discuss/Action on any items listed on the posted agenda or any closed
session occurring during this meeting, as necessary
7. Adjourn.
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 bulletin board. Posted on this 5th
day of August, 2016 at
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.
I
Item No. 3.
City Council Agenda
Staff Report
Meeting Date: 8/9/2016
YOUR) HOMETOWN
AGENDAITEM:
Briefing/Discussion regarding the proposed FY 17 Budget. (Clayton Fulton).
SUMMARY:
Staff will update the Council on the official tax rate calculations, discuss some minor changes to
the draft proposed budget, and address other questions or comments from the City Council on
the proposed budget.
Minor changes include:
• Slight changes to the M&O and I&S rates resulting in increased M&O revenue and
decreased I&S revenue
• Changes to I&S transfers for tax supported debt
• Corrections to grant program revenues
STAFF RECOMMENDATION:
Item No. 4.
City Council Agenda
Staff Report
Meeting Date: 8/9/2016
YOUR) HOMETOWN
AGENDAITEM:
Briefing/Discussion regarding Slayter Creek Park & Trail drainage improvements. (City Manager)
SUMMARY:
Earlier this summer the School District announced that bus service from the West Crossing and
Willow Creek areas to Anna Middle School and Anna High School will be discontinued this fall.
Students will be encouraged to use the Slayter Creek trail to access the middle school and high
school campuses. An inspection of the trail earlier this summer identified several drainage
problems that cause sections of the trail to flood during moderate and heavy rain events.
Our Parks and Public Works department developed a scope of work to remediate these problem
areas and solicited bids from contractors to perform the work. The low bid is $46,000. Funds are
available in the Parks Trust Fund for this project. The following Google Maps hyperlink identifies
the areas that will be improved and includes a description of the work:
https:Hdrive.google.com/open?id=1 nCri-ow26WaGzTtSrl pjJBDRvPs&usp=sharing
The current fiscal year budget includes an allocation of $150,000 in the Park Trust Fund for
various park improvements. Projects completed so far include the following:
• Remodel of Natural Springs Park Barn - $44,616
• Lighting Improvements at Natural Springs Park Barn - $5,700
• Demolition of the two structures at Natural Springs Park - $ 7,425
• Architectural design services for Parks department office and restroom at Natural Springs Park -
$16,000
There is $76,259 remaining in the FY 2016 budget allocation for park improvements. Funding for
the construction of the Parks department office and restroom at Natural Springs Park will be
available in the Building Capital Fund.
STAFF RECOMMENDATION:
Before proceeding with this project, we wanted to brief the Council and answer any questions. No
action by the Council is required.
A
Y{OUR} HOMETOWN
AGENDA
Regular City Council Meeting
Tuesday, August 9, 2016 @ 7:30 PM
Anna City Hall, Council Chambers
111 N. Powell Parkway, Anna, Texas 75409
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 tum it in to the City Secretary before the
meeting starts.
Call to Order, Roll Call and Establishment of Quorum.
2. Invocation and Pledge of Allegiance.
3. 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. Recieve reports from Staff or the City Council about items of community interest.
Items of community interest include: expressions of thanks, congratulations, or
condolence; information regarding holiday schedules; an honorary or salutary
recognition of a public official, public employee, or other citizen (but not
including a change in status of a person's public office or public employment); a
reminder about an upcoming event organized or sponsored by the governing
body; information regarding a social, ceremonial, or community event organized
or sponsored by an entity other than the governing body that was attended or is
scheduled to be attended by a member of the governing body or an official or
employee of the municipality, and announcements involving an imminent threat
to the public health and safety of people in the municipality that has arisen after
the posting of the agenda.
5. 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 Minutes for July 26, 2016 City Council Meeting (Carrie Smith)
b. Resolution approving a Development Agreement with Robert Lee Smallwood,
Roy Glen Smallwood, Dannell Collins Matus, Lisa Faye Copeland, Jack
Kenney, and Anna Marie Peters. (Maurice Schwanke)
C. Resolution approving a Development Agreement with Rob and Michelle
Adams. (Maurice Schwanke)
d. Resolution approving a Development Agreement with Steven and Tamara
Constien. (Maurice Schwanke)
e. Resolution approving a Development Agreement with the Constien Family
Trust. (Maurice Schwanke)
Resolution approving Nahas Addition Development Plat. (Maurice Schwanke)
g. Resolution approving Whitaker Addition Development Plat. (Maurice
Schwanke)
h. Resolution approving Anna ISD High School Sports Facilities Site Plan.
(Maurice Schwanke)
Resolution approving Sweetwater Crossing Phase 2 Preliminary Plat. (Maurice
Schwanke)
Resolution approving an amendment to the Anna Economic Development
Corporation FY 2016 Budget. (Jessica Perkins)
k. Resolution approving an amendment the Anna Community Development
Corporation FY 2016 Budget. (Jessica Perkins)
Ordinance approving an amendment to Part 11, Article 3, Section 2 of the Anna
City Code of Ordinances regarding fees for processing TABC applications for
alcohol permits. (Clark McCoy)
6. Consider/Discuss/Action on an Ordinance annexing a 1.09-acre tract of land
located in the Henry Smith Survey, Abstract No. 823, further described as 1720 S.
Ferguson Parkway. (Maurice Schwanke)
7. Consider/Discuss/Action on a Resolution approving a proposed maximum tax rate
for 2015-2016 Fiscal Year, and setting the dates and times for public hearings on
the tax rate (Clayton Fulton).
8. Consider/Discuss/Action on an Ordinance amending the FY 2016 annual budget.
(Clayton Fulton)
9. Consider/Discuss/Action on a Resolution authorizing the City Manager to enter into
an agreement for audit services. (Clayton Fulton)
10. Consider/Discuss/Action on a Resolution authorizing the City Manager to execute
an engineering task order with Birkhoff, Hendricks, and Carter, LLP for the Sherley
Above Ground Storage Reservoir Rehabilitation. (Joseph Johnson)
11. Consider/Discuss/Action on a Resolution approving a Professional Services
Agreement with AT&T Corp. (Clark McCoy)
12. Consider/Discuss/Action on a Resolution approving an Estoppel Certificate for a
legal nonconformance of property located at 10795 Central Expressway. (Clark
McCoy)
13. CLOSED SESSION (EXECEPTIONS)
Under Tex. Gov't Code Chapter 551, the City Council may enter into closed
session to discuss any items listed or referenced on this agenda under the
following exceptions:
a. consult with legal counsel regarding pending or contemplated litigation and/or
on matters in which the duty of the attorney to the governmental body under
the Texas Disciplinary Rules of Professional Conduct of the State Bar of
Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't
Code §551.071).
b. discuss or deliberate the purchase, exchange, lease, or value of real property
(Tex. Gov't Code §551.072); acquisition of right-of-way, easements, and land
for municipal facilities.
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.
14. Consider/Discuss/Action on any items listed on the posted agenda or any closed
session occurring during this meeting, as necessary
15. Adjourn.
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 bulletin board. Posted on this 5th
day of August, 2016 at p.m.
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.
I
Item No. 5.a.
City Council Agenda
Staff Report
Meeting Date: 8/9/2016
YOUR) HOMETOWN
AGENDAITEM:
Approve Minutes for July 26, 2016 City Council Meeting (Carrie Smith)
SUMMARY:
Approve Minutes for July 26, 2016 Work Session.
Approve Minutes for July 26, 2016 Regular Session.
STAFF RECOMMENDATION:
ATTACHMENTS:
Description Upload Date Type
dVork Session Meeting Minutes for July 26, 2016 8/3/201 t. Exhibit
Regular Session Meeting Minutes for July 26, 2016 8/5/2016 Exhibit
ANNA CITY COUNCIL
MINUTES
WORK SESSION
July 26, 2016
The City Council of the City of Anna met in Work Session on the above date at
Anna City Hall, located at 111 N. Powell Parkway (Hwy 5), regarding the
following items:
1. Call to Order,
Mayor Crist called the meeting to order at 6:30 pm.
2. Roll Call and Establishment of Quorum.
Council Members Rene Martinez, John Beazley, Kenneth Pelham, Nathan
Bryan and Lee Miller were present. Justin Burr was absent.
3. Briefing/Discussion regarding FY 17 Utility Rate Study (Clayton Fulton)
Staff has been working with utility rate consultant, Carolyn Marshall,
to analyze utility consumption and patterns in the City.
Ms. Marshall was provided with budget projections for FY 17, actual
year to date data and projections for FY 16, and actual historical
data. Consumption data was provided for analysis, as well. All data
has been entered into the model and the model has been reviewed
by staff.
Ms. Marshall was present and reviewed the results from the model.
At this time, there is no need for a rate increase in FY 17. However,
consumption patterns have a significant impact upon rate revenue
and changes in consumption could result in changes to our rates.
4. Briefing/Discussion regarding FY 17 DWI STEP Grant Program.
(Chief Jenks)
TxDOT traffic safety personnel invited the Police Department (PD) to
participate in the impaired driver's enforcement program, commonly
called DWI STEP (Selective Traffic Enforcement Program). The
STEP programs provide salary/benefits reimbursements to law
enforcement agencies that participate in traffic safety initiatives, such
July 26, 2016
CC Work Session Minutes
as Speeding, Seatbelts, and DWI's. There has been a 92% increase
in DWI arrests as of 2015.
According to TxDOT, Anna PD qualifies for approximately $4,000 in
funds. Grantees have to provide a 20% match and that match can
be "in kind." Meaning, the wear and tear on the cars, the fuel,
salary/benefits while administering the program, etc, could be used
as the City's "match."
This grant provides overtime dollars, including salary/benefits and
administration costs to increase DWI enforcement during four
specified "waves" throughout the year. These waves are each 18
days long and include Christmas/New Year's (12/15/16 to 01/01/17);
Spring Break (03/04/17 to 03/21/17); Independence Day (06/24/17
to 07/05/2017); and Labor Day (08/18/17 to 09/03/17). The
aforementioned $4,000 would be a total amount of funding for all of
the "waves."
5. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter
551, the City Council may enter into closed session to discuss any items
listed or referenced on this agenda under the following exceptions:
a. consult with legal counsel regarding pending or contemplated
litigation and/or on matters in which the duty of the attorney to the
governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with
Chapter 551 of the Government Code (Tex. Gov't Code §551.071).
No executive session held.
6. Consider/Discuss/Action on any items listed on the posted agenda or any
closed session occurring during this meeting, as necessary.
MOTION: Council Member Bryan moved to take no action. Council
Member Beazley seconded. Motion carried 6-0.
7. Adjourn.
MOTION: Council Member Bryan moved to adjourn. Mayor Crist
seconded. Motion carried 6-0.
Mayor Crist adjourned the meeting at 7:19 p.m.
July 26, 2016
CC Work Session Minutes 2
Approved on the 9th day of August, 2016.
ATTEST:
City Secretary Carrie L. Smith Mayor Mike Crist
July 26, 2016
CC Work Session Minutes
ANNA CITY COUNCIL
MINUTES
REGULAR SESSION
July 26, 2016
The City Council of the City of Anna met in Regular 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 Crist called the meeting to order at 7:30 p.m.
Council Members Rene Martinez, John Beazley, Kenneth Pelham, Nathan
Bryan and Lee Miller were present. Justin Burr was absent.
2. Invocation and Pledge of Allegiance.
Mayor Crist led the Invocation and Pledge of Allegiance.
3. Citizen comments. Citizens are allowed 3 minutes to speak. The Council
is unable to respond to or discuss any issues that are brought up during
this section that are not on the agenda, other than to make statements of
specific factual information in response to a citizen's inquiry or to recite
existing policy in response to the inquiry.
No Comments.
4. Receive reports from Staff or the City Council about items of community
interest. Items of community interest include: expressions of thanks,
congratulations, or condolence; information regarding holiday schedules;
an honorary or salutary recognition of a public official, public employee, or
other citizen (but not including a change in status of a person's public
office or public employment); a reminder about an upcoming event
organized or sponsored by the governing body, information regarding a
social, ceremonial, or community event organized or sponsored by an
entity other than the governing body that was attended or is scheduled to
be attended by a member of the governing body or an official or employee
of the municipality, and announcements involving an imminent threat to
the public health and safety of people in the municipality that has arisen
after the posting of the agenda.
Mayor Crist recognized Darrin Colombo and presented him with a
Certificated of Appreciation for his service on the Planning and Zoning
Commission.
July 26, 2016
CC Regular Session Minutes
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 July 12, 2016 Council Meeting Minutes (Carrie Smith)
b. Review Quarterly Investment Report. (Clayton Fulton)
c. Resolution approving an Interlocal Agreement with Collin County
for Jail Services. (Chief Jenks)
RESOLUTION NO. 2016-07-201 - A RESOLUTION OF THE CITY
OF ANNA, TEXAS APPROVING AN INTERLOCAL AGREEMENT
WITH COLLIN COUNTY FOR JAIL SERVICES
Cl. Resolution approving a Replat of Sister Groves Estates, Lots 1, 2,
and 3. (Maurice Schwanke)
RESOLUTION NO. 2016-07-199 - A RESOLUTION OF THE
CITY OF ANNA, TEXAS APPROVING A RE -PLAT OF LOTS 1, 2,
& 3, SISTER GROVE ESTATES.
e. Authorize the City Manager to solicit bids for the Fiscal Year 2016
Street Rehabilitation Project. (Joseph Johnson)
MOTION: Council Member Beazley moved to approve the consent
agenda. Mayor Crist seconded. Motion carried 6-0.
6. Consider/Discuss/Action on a Resolution approving an amendment to
the Potable Water Pass Through & Pumping Agreement with the City
of McKinney. (Joseph Johnson)
RESOLUTION NO. 2016-07-200 - A RESOLUTION OF THE CITY
OF ANNA, TEXAS APPROVING AN AMENDMENT TO THE
POTABLE WATER PASS THROUGH & PUMPING AGREEMENT
WITH THE CITY OF MCKINNEY.
MOTION: Council Member Bryan moved to approve. Council Member
Martinez seconded. Motion carried 6-0.
7. Presentation of the Proposed FY 16-17 annual budget. (Clayton Fulton)
Finance Director Clayton Fulton reviewed the proposed budget.
July 26, 2016 2
CC Regular Session Minutes
8. Consider/Discuss/Action regarding a Resolution setting the date, time,
and place for a Public Hearing on the FY 16-17 annual budget.
(Clayton Fulton)
City Charter requires the City Council to name the date and place of a
public hearing on the budget. Staff recommended the public hearing,
on the FY 2017 Budget, be held at 7:30 p.m. on August 23, 2016 at
Anna City Hall.
RESOLUTION NO. 2016-07-204 - A RESOLUTION OF THE CITY
OF ANNA, TEXAS, NAMING THE DATE AND PLACE OF A
PUBLIC HEARING ON THE FY 2016-2017 BUDGET.
MOTION: Council Member Pelham moved to approve. Council
Member Bryan seconded. Motion carried 6-0.
9. First reading of a Resolution authorizing the Anna Community
Development Corporation to undertake a project related to a real
estate sales contract to purchase land generally located at the NE
corner of Hwy. 5 and the Collin County Outer Loop. (Jessica Perkins)
Two readings of the Resolution are required prior to adoption. This is
the first reading of the Resolution.
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA
APPROVING AND AUTHORIZING A PROJECT RELATED TO A
REAL ESTATE SALES CONTRACT BY THE ANNA COMMUNITY
DEVELOPMENT CORPORATION AND THE ANNA ECONOMIC
DEVELOPMENT CORPORATION"
10. Second reading of a Resolution authorizing the Anna Community
Development Corporation to undertake a project related to a real
estate sales contract to purchase land generally located at the NE
corner of Hwy. 5 and the Collin County Outer Loop. (Jessica Perkins)
Two readings of the Resolution are required prior to adoption. This is
the second reading of the Resolution.
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA
APPROVING AND AUTHORIZING A PROJECT RELATED TO A
REAL ESTATE SALES CONTRACT BY THE ANNA COMMUNITY
DEVELOPMENT CORPORATION AND THE ANNA ECONOMIC
DEVELOPMENT CORPORATION"
11. Consider/Discuss/Action regarding a Resolution authorizing a project
related to a real estate sales contract by the Anna Community
Development Corporation and the Anna Economic Development
July 26, 2016 3
CC Regular Session Minutes
Corporation to purchase land generally located at the NE corner of
Hwy. 5 and the Collin County Outer Loop. (Jessica Perkins)
The City's economic development corporations have negotiated a
contract to purchase an 85-acre tract of land generally located at the
Northeast corner of SH 5 (Powell Parkway) and the Collin County
Outer Loop. The Corporations intend to develop the land as a business
park that will increase employment in Anna and diversity the tax base.
The proposed financing plan includes cash investments by the Anna
Community Development Corporation (CDC) and the Anna Economic
Development Corporation (EDC) as well as issuance by the CDC of
sales tax revenue bonds for the remainder of the purchase price.
RESOLUTION NO. 2016-07-202 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ANNA APPROVING AND
AUTHORIZING A PROJECT RELATED TO A REAL ESTATE
SALES CONTRACT BY THE ANNA COMMUNITY
DEVELOPMENT CORPORATION AND THE ANNA ECONOMIC
DEVELOPMENT CORPORA TION
MOTION: Council Member Beazley moved to approve. Council
Member Bryan seconded. Motion carried 6-0.
12. Consider/Discuss/Action regarding a Resolution supporting the creation
of a Regional 9-1-1 Emergency Communications District. (Chief Jenks)
RESOLUTION NO. 2016-07-203 - A RESOLUTION OF THE CITY
OF ANNA, TEXAS APROVING THE CREATION OF THE NORTH
CENTRAL TEXAS REGIONAL 9-1-1 EMERGENCY COMMUNI-
CATIONS DISTRICT
MOTION: Council Member Pelham moved to approve. Council
Member Bryan seconded. Motion carried 6-0.
13. CLOSED SESSION (EXECEPTIONS)
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);
July 26, 2016 4
CC Regular Session Minutes
The Council further reserves the right to enter into executive session at
any time throughout any duly noticed meeting under any applicable
exception to the Open Meetings Act.
Council did not enter into closed session.
6. Consider/Discuss/Action on any items listed on the posted agenda or
any closed session occurring during this meeting, as necessary.
MOTION: Council Member Bryan moved to take no action. Mayor
Crist seconded. Motion carried 6-0.
7. Adjourn.
MOTION: Council Member Beazley moved to adjourn. Council
Member Bryan seconded. Motion carried 6-0.
Mayor Crist adjourned the meeting at 8:10 p.m.
Approved on the 9th day of August, 2016.
ATTEST:
City Secretary Carrie L. Smith Mayor Mike Crist
July 26, 2016 5
CC Regular Session Minutes
I
Item No. 5.b.
City Council Agenda
Staff Report
Meeting Date: 8/9/2016
YOUR) HOMETOWN
AGENDAITEM:
Resolution approving a Development Agreement with Robert Lee Smallwood, Roy Glen
Smallwood, Dannell Collins Matus, Lisa Faye Copeland, Jack Kenney, and Anna Marie Peters.
(Maurice Schwanke)
SUMMARY:
In May of this year, the City Council directed staff to begin annexation proceedings on 32.295
acres of land located at the northwest corner of Taylor Blvd. and Ferguson Parkway. As an
alternative to annexation, the Council directed staff to offer a development agreement to all the
property owners within the area proposed for annexation. The development agreement
guarantees that the properties would remain outside the city limits for a specified period of time
(initial offer was three (3) years) after which the property owners would consent to voluntary
annexation.
The owners of 1500 Ferguson Parkway (a 1.292-acre tract) have accepted the proposed
development agreement. The agreement guarantees the continuation of the extraterritorial status
of the property for three (3) years or until such time as a subdivision plat or related development
document is filed with the City for the property, whichever occurs first. The land is currently used
for residential purposes.
STAFF RECOMMENDATION:
Staff recommends approval of the attached Resolution and agreement.
ATTACHMENTS:
Description
Resolution
Exhibit 1, Development Agreement
Exhibit A, Legal Description
Location Map
Upload Date Type
8/4/2016 Resolution
8/3/2016 Exhibit
8/3/2016 Exhibit
8/3/2016 Backup Material
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE
CITY OF ANNA, TEXAS AND ROBERT LEE SMALLWOOD, ROY GLEN
SMALLWOOD, DANNELL COLLINS MATUS, LISA FAYE COPELAND, JACK
KENNEY, AND ANNA MARIE PETERS, AND AUTHORIZING THE CITY MANAGER
TO EXECUTE SAME ON BEHALF OF THE CITY.
WHEREAS, the City of Anna, Texas (the "City") and Robert Lee Smallwood, Roy Glen
Smallwood, Dannell Collins Matus, Lisa Faye Copeland, Jack Kenney, and Anna Marie
Peters (the "Owners") desire to enter into a Chapter 43 and Chapter 212 Texas Local
Government Code Development Agreement (the "Agreement"); and
WHEREAS, the City Council of the City of Anna, Texas (the "City Council") finds that
approval of the Agreement is in the best interests of the citizens of Anna;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Approval of Agreement
The City Council hereby approves the Agreement, attached hereto as Exhibit 1,
incorporated herein for all purposes and authorizes the City Manager to execute same
on behalf of the City. The Agreement is not valid unless properly executed by the City
Manager.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 9`h
day of August, 2016.
ATTEST: APPROVED:
City Secretary, Carrie L. Smith Mayor, Mike Crist
STATE OF TEXAS
COUNTY OF COLLIN
CHAPTER 43 & CHAPTER 212 TEXAS LOCAL GOV* ERNMENT CODE
DEVELOPMENT AGREEMENT
This Agreement is entered into pursuant to Sections 43.035 andfor 212.172 of the
Texas Local I3overnnient Code by and. between the City of Anna, Texas (the ".Qv) and
the undersigned property owner(s) (the "Owner"). The -term "Owner" Includes all owners
of the Property.
WHEREAS, Owner and the City are sometimes collectively referenced in this
Agreement as the "Parties" or, each individually; as "P• artv"; and
-.WHEREAS, -the Owner owns a parcel of real property(s) (the "Property") in Collin
County, Texas, commonly described as Henry Smith Survey, Abstract 0823; and as
shown In the attached Exhibit "A"; and
WHEREAS, the Owner desires to have the Property remain in the C:ity's extraterritorial
jurisdiction, In consideration for which the Owner agrees to enter into this Agreement;
and
WHEREAS, this Agreement is entered into pursuant to Sections 43.035 and/or 212.172
of the Texas Local Government Code, in order to address the desires of the Owner and
the procedures of the City; and
WHEREAS, the Owner and the City acknowledge that this Agreement is binding upon
the City and the Owner and their respective successors and assigns for the Term
(defined below) of this Agreement; and
WHEREAS, this Development Agreement is to be recorded In the Real Property
Records of Collin County;
NOW THERIEFORE, In consideration of the mutual covenants contained herein, the
parties hereto agree as follows:
Section 1. (IMMUNITY FROM ANNEXATION
The City guarantees the continuation of the extraterritorial status of thin Owner's
Property, its immunity from annexation by the City, and its immunity from City property
taxes, for the Term of this Agreement, subject to the provisions of this Agreement.
Except as provided in this Agreement, the City agrees not to annex the Property, agrees
not to Involuntarily institute proceedings to annex the Property, and further agrees not to
include .the Property in a statutory annexation plan for the -Term of this Agreement.
However, if the Property is annexed pursuant to the provisions of this Agreerent, then
the City shall provide services to the Property pursuant to Chapter 43 of Texas Local
Government Code.
Section 2. OWNER OBLIGATIONS
(a) Owner covenants and agrees not to use the Property for any use other than for
the Existing Land Uses or for -agriculture, wildlife management, and/or timber
land consistent with Chapter 23 of the Texas Tax Code, without the prior written
consent of the City.
1. Ex_.. ting Land Uses mean the legal uses of the Property in existence as of.
the Effective Date of this Agreement.
(b) Owner covenants and agrees that the Owner will not file any type of subdivision
plat or related development document for the Property with Collin County or the
Qity until the Property has been annexed into, and zoned by, the City. .
(c) Owner covenants and agrees not to construct, or allow to 'be constructed, any
building on the Property that would require a building permit if the Property were
in the city limits, until 'the Property has been annexed into, and zoned by, the
City.
(d) Owner acknowledges that each and every owner of the Property must sign this
Agreement in order for the Agreement to take full effect, and the Owner who
signs this Agreement covenants and agrees, jointly and severally, to indemnify,
hold harmless, and defend the City against any and all legal claims, by any
person claimingi
anownership interest in the Property who has not signed the
Agreement, arising n any way from the City's reliance on this Agreement.
(e) Owner acknowledges that if any plat or related development document is filed in
violation of this Agreement, or .if the Owner commences development of the
Property. in violation- of this Agreement, then in addition to the City's other
remedies, such act will constitute a. petition for voluntary annexation by the
Owner, -and the Property will be subject to annexatiori'at the discretion of the City
Council. The Owner agrees that such annexation shall be voluntary and the
Owner hereby consents to such annexation. as though a petition for such
annexation had been tendered by the Owner. if annexation proceedings begin
pursuant to this Section 2(e), the Owner acknowledges that this Agreement
serves as an exception to Local Government Code Section 43.052 requiring a
municipality to use .certain statutory procedures under an annexation plan.
.Furthermore, the Owner hereby waives any and all vested rights and claims that
they may have under Section 43.002(a) -(2) and Chapter 245 of the Texas Local
Government Code that would otherwise- exist by virtue of any actions Owner has
taken in violation of Section 2 herein. The Owner further. agrees that the Owner
will not in any manner contest any annexation of the Property initiated by the City
under this Section 2(e) or any annexation of the Property completed by the City
after the Term of this Agreement.
Section 3. CiTY REGULATIONS AND PLANNING AUTHORITY
Pursuant to Sections 43.035(b)(1)(B) of the Texas Local Government Code, the City is
authorized to enforce all of the City's regulations and planning authority that do not
materially interfere with the uses of the Property authorized under Section 2(a) of this
Agreement.
Section 4. EFFECTIVE DATE
The "Effective Date' of this Agreement is the date that the last of the: Parties' signatures
to this Agreement is fully and properly affixed to this Agreement and acknowledged by a
notary public. The City's duties and obligations hereunder shall not arise unless and
until the City Council has duly adopted this Agreement and Owner, has duly executed
this Agreement and delivered same to the City.
Section 5. TERM
(a) The term of this Agreement (the "Term") is three (3) years from the Effective
Date,
(b) The Owner, and all of the Owner's heirs, successors and assigns shall be
deemed to have filed a petition for voluntary annexation before the end of the
Term, for annexation of the Property to be completed on or after the end of the
Tenn. Prior to the end of the Term, the City may commence the voluntary
annexation of the Property. In connection with annexation pursuant to this
Section 5(c), the: Owners hereby waive any vested rights they may have under
Section'43.002(a) (2) and Chapter 245 of the Texas Local Government Code that
would otherwise exist by virtue of any application, plan, plat or construction any
of the Owners may submit or initiate during the time between the expiration of
this Agreement and the institution of annexation proceedings by the City.
Section 6. TEMPORARY ZONING
Property annexed pursuant to this Agreement shall be temporarily classifled as SF-E
Single Family Residential - Large Lot District until permanent zoning is established by
the City Council pursuant to the City's Code of Ordinances, pending determination of
the Property's permanent zoning in accordance.with the provisions of applicable law
and the City"s Code of Ordinances.
Section 7. MISCELLANEOUS PROVISIONS
(a) Any person who sells or conveys any portion of the Property shall, prior to such
sale -or conveyance, gives written notice of this Agreement to the prospective
purchaser or grantee.
(b) This.Agreement: shall run with the Property and be recorded in the real property
records of Collin County, Texas.
(c) if a court of competent jurisdiction determines that any covenant of this
Agreement is void or unenforceable, including the covenants regarding
involuntary annexation, then the remainder of this Agreement shall remain in full
force and effect.
(d) This Agreement may be enforced by any Owner or the City by any proceeding at
law or in equity. Failure to do so shall not be deemed a waiver to enforce the
provisions of this Agreement thereafter.
(e) No subsequent change in the -law regarding annexation shall affect the
enforceability of this Agreement or the City's ability to annex the properties
covered herein pursuant to the terms of this Agreement.
(f) Exclusive jurisdiction and venue for disputes arising out of or related in any way
to this Agreement shall be in Collin County, Texas.
(g) This Agreement may be separately executed in individual counterparts and, upon
execution, shall constitute one and same instrument.
(h) This Agreement shall survive its termination to the extent necessary for the
implementation of the provisions of Sections 2(e) and 5(b) herein.
Entered into this day of , 2016.
Philip Sanders
City Manager, City of Anna, Texas
THE STATE OF TEXAS}
COUNTY OF COLLIN }
This instrument was acknowledged before me on the day of 2016, by
Philip Sanders, City Manager, City of -Anna, Texas.
Notary Public, State of Texas
Owner 1 NICOLE GUSTUS
Printed Name: ;; Notary Public
a STATE OF TEXAS
THE STATE O TEXAS) . C0m'TM s. �017
COUNTY OF c an
couN
This instrument was acknowleged before me on the day of 2016, by
o ��° Owner 1.
(d) This Agreement may be enforced by any Owner or the City by any proceeding at
law or in equity. Failure to do so shall not be deemed a waiver to enforce the
provisions of this Agreement thereafter.
(e) No subsequent change in the law regarding annexation shall affect the
enforceability of this Agreement or the City's ability to annex the properties
covered herein pursuant to the terms of this Agreement.
(f) Exclusive jurisdiction and venue for disputes arising out of or related in any way
to this Agreement shall be in Collin County, Texas.
(g) This Agreement may be separately executed in individual counterparts and, upon
execution, shall .constitute one and same instrument.
(h) This Agreement shall survive its termination to the extent necessary for the
implementation of the provisions of Sections 2(e) and 5(b) herein.
Entered into this _ day of
Philip Sanders
City Manager, City of Anna, Texas
THE STATE OF TEXAS}
COUNTY OF COLLIN }
2016.
This instrument was acknowledged before me on the _day of 2016, by
Philip Sanders, City Manager, City of Anna, Texas.
Notary Public, State of Texas
Owner
Printed
THE STATE OF TEXAS} .
COUNTY OF D14M,( }
This instrument was acknowledged before me on the day of /
/7��H•/1i�7 �1' Owner 1.
NICOLE GUSTUS
Notary Public
STATE OF TEXAS
by
(d) This Agreement may be enforced by any Owner or the City by any proceeding at
law or, in equity. Failure to do so shall not be deemed a waiver to enforce the
provisions of this Agreement thereafter.
(e) No subsequent change in the law regarding annexation shall affect the
enforceability of this Agreement or the City's ability to annex the properties
covered herein pursuant to the terms of this Agreement.
(f) Exclusive jurisdiction and venue for disputes arising out of or related in any way
to this Agreement shall be in Collin County, Texas.
(g) This Agreement may be separately executed in individual counterparts and, upon
execution, shall .constitute one and same instrument.
(h) This Agreement shall survive its termination to the extent necessary for the
implementation of the provisions of Sections 2(e) and 5(b) herein.
Entered into this — day of , 2016.
Philip Sanders
City Manager, City of Anna, Texas
THE STATE OF TEXAS}
COUNTY OF COLLIN }
This instrument was acknowledged before me on the _day of 2016, by
Philip Sanders, City Manager, City of Anna, Texas.
Notary Public, State ofTexa:
THE STATE OF TEXAS} .
COUNTY OF C }
Thi instrument was acknowledged before me on th�iay of _� ^� 2016, by
39 •inn o� Owner 1. U
b°�t G, .......... t
•-�' wane rior�A 3
Wft
STATE OF
* At tAIM. Eq. 95.139919
(d) This Agreement may be enforced by any Owner or the City by any proceeding at
law or in equity. Failure to do so shall not be deemed a waiver to enforce the
provisions of this Agreement thereafter.
(e) No subsequent change in the law regarding annexation shall affect the
enforceability of this Agreement or the City's ability to annex the properties
covered herein pursuant to the terms of this Agreement.
(f) Exclusive jurisdiction and venue for disputes arising out of or related in any way
to this Agreement shall be in Collin County, Texas.
(g) This Agreement may be separately executed in individual counterparts and, upon
execution, shall .constitute one and same instrument.
(h) This Agreement shall survive its termination to the extent necessary for the
implementation of the provisions of Sections 2(e) and 5(b) herein.
Entered into this _ day of
Philip Sanders
City Manager, City of Anna, Texas
THE STATE OF TEXAS}
COUNTY OF COLLIN }
2016.
This instrument was acknowledged before me on the ,day of 2016, by
Philip Sanders, City Manager, City of Anna, Texas.
Notary Public, State of 7 exas ^
Owner 1
Printed Name:
Vcm
THE STATE T S} .
COUNTY OF N }
instrument
B acknowledged before me on the _day
-mil , Owner 1.
DARRELL A. BLANK
....... Notary Public, Stote of Texas
comm. Expires 11-10-201 B
NOIaty ID 130019932
of LG 2016, by
(d) This Agreement may be enforced by any Owner or the City by any proceeding at
law or, in equity. Failure to do so shall not be deemed a waiver to enforce the
provisions of this Agreement thereafter.
(e) No subsequent change in the law regarding annexation shall affect the
enforceability of this Agreement or the City's ability to annex the properties
covered herein pursuant to the terms of this Agreement.
(f1 Exclusive jurisdiction and venue for disputes arising out of or related in any way
to this Agreement shall be in Collin County, Texas.
(g) This Agreement may be separately executed in individual counterparts and, upon
execution, shall .constitute one and same instrument.
(h) This Agreement shall survive its termination to the extent necessary for the
implementation of the provisions of Sections 2(e) and 5(b) herein.
Entered into this — day of , 2016.
Philip Sanders
City Manager, City of Anna, Texas
THE STATE OF TEXAS}
COUNTY OF COLLIN }
This instrument was acknowledged before me on the _day of , 2016, by
Philip Sanders, City Manager, City of Anna, Texas.
Notary Public, State of Texas
THE STATE Of TEXAS} .
COUNTY OF }
This instrument was acknowledged before me on the day of Ac*e 2016, by
N� .F7f�lf Owner 1.
o`MLO&c NICOLEGUSTUS
+• •Nota,.•. , STATEAS
��`0"� M Comm.,2017
(d) This Agreement may be enforced by any Owner or the City by any proceeding at
law or in equity. Failure to do so shall not be deemed a waiver to enforce the
provisions of this Agreement thereafter.
(e) No subsequent change in the law regarding annexation shall affect the
enforceability of this Agreement or the City's ability to annex the properties
covered herein pursuant to the terms of this Agreement.
(f) Exclusive jurisdiction and venue for disputes arising out of or related in any way
to this Agreement shall be in Collin County, Texas.
(g) This Agreement may be separately executed in individual counterparts and, upon
execution, shall .constitute one and same instrument.
(h) This Agreement shall survive its termination to the extent necessary for the
implementation of the provisions of Sections 2(e) and 6(b) herein.
Entered into this , day of 2016.
Philip Sanders
City Manager, City of Anna, Texas
THE STATE OF TEXAS}
COUNTY OF COLLIN }
This instrument was acknowledged before me on the _day of
Philip Sanders, City Manager, City of Anna, Texas.
Notary Public, State of Texas
THE STATE QF TF_XAS} .
COUNTY OF e)4-U-41 }
Thl instrument was acknowledged before me on
Jncrc �«�� , Owner 1.
NICOLE GUSTUS
Notary Publk
STATE OF TEXAS
2016, by
6, by
U'a ddi
EXHIBIT A
Being a tract of land situated in the Henry Smith Survey, Abstract No. 823, in Collin
County, Texas and being a part of that tract of land described by the deed to Daniel H.
Smallwood, as recorded in Volume 822, Page 666, of the Deed Records of Collin
County, Texas (D.R.C.C.T.), said tract being more particularly described as follows:
BEGINNING at the southeasterly corner of the 30' Right -of -Way Dedication for
Ferguson Parkway, as shown on the plat of OAK HOLLOW ESTATES PHASE 2, an
addition to the City of Anna, as recorded in document number 2003-002 7063, of the
Map Records of Collin County, Texas (M.R.C.C.T.), said corner being the northeasterly
corner of the herein described property;
THENCE South 00°04'29" West, along said Ferguson Pkwy., a distance of 209.34' to a
a point for corner;
THENCE North 89°45'57" West to a point for corner;
THENCE North 01 °41'09" East to a point for corner;
THENCE North 89°50'10" East to the POINT OF BEGINNING and containing 1.292
acres of land, more or less.
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I
Item No. 5.c.
City Council Agenda
Staff Report
Meeting Date: 8/9/2016
YOUR) HOMETOWN
AGENDAITEM:
Resolution approving a Development Agreement with Rob and Michelle Adams. (Maurice
Schwanke)
SUMMARY:
In May of this year, the City Council directed staff to begin annexation proceedings on 32.295
acres of land located at the northwest corner of Taylor Blvd. and Ferguson Parkway. As an
alternative to annexation, the Council directed staff to offer a development agreement to all the
property owners within the area proposed for annexation. The development agreement
guarantees that the properties would remain outside the city limits for a specified period of time
(initial offer was three (3) years) after which the property owners would consent to voluntary
annexation.
The owners of 1622 Taylor Blvd. (a 5.339-acre tract) have accepted the proposed development
agreement subject to two modifications:
• The agreement guarantees the continuation of the extraterritorial status of the property for five (5)
years or until such time as a subdivision plat or related development document is filed with the City
for the property, whichever occurs first. The land is currently used for residential purposes.
• The agreement allows the owner to construct an accessory building not exceeding 1500 square
feet without triggering annexation of the property prior to the end of the 5-year term. The owner
must comply with all applicable building and development regulations that would otherwise apply
to the construction of the building if the property were inside the city limits.
STAFF RECOMMENDATION:
Staff recommends approval of the attached Resolution and agreement
ATTACHMENTS:
Description Upload Date Type
Resolution 8/4/201 r; Resolution
Exhibit 1, Development Agreement 8/3/2016 Exhibit
Exhibit A, Legal Description 8/3/2016 Exhibit
Location Map 8/3/2016 Backup Material
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE
CITY OF ANNA, TEXAS AND CHARLES R AND MICHELLE ADAMS AUTHORIZING
THE CITY MANAGER TO EXECUTE SAME ON BEHALF OF THE CITY.
WHEREAS, the City of Anna, Texas (the "City") and Charles R and Michele L Adams
(the "Owner") desire to enter into a Chapter 43 and Chapter 212 Texas Local
Government Code Development Agreement (the "Agreement"); and
WHEREAS, the City Council of the City of Anna, Texas (the "City Council") finds that
approval of the Agreement is in the best interests of the citizens of Anna;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Approval of Agreement
The City Council hereby approves the Agreement, attached hereto as Exhibit 1,
incorporated herein for all purposes and authorizes the City Manager to execute same
on behalf of the City. The Agreement is not valid unless properly executed by the City
Manager.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 9t"
day of August, 2016.
ATTEST: APPROVED:
City Secretary, Carrie L. Smith Mayor, Mike Crist
STATE OF TEXAS )
COUNTY OF COLLIN )
CHAPTER 43 & CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE
DEVELOPMENT AGREEMENT
This Agreement is entered into pursuant to Sections 43.035 and/or 212.172 of the
Texas Local Government Code by and between the City of Anna, Texas (the "Cy") and
the undersigned property owner(s) (the "Owner"). The term "Owner" includes all owners
of the Property.
WHEREAS, Owner and the City are sometimes collectively referenced in this
Agreement as the "Parties" or, each individually, as "Partv"; and
WHEREAS, the Owner owns a parcel of real property(s) (the "Property") in Collin
County, Texas, commonly described as being 1622 Taylor Blvd.; and as shown in the
attached Exhibit "A"; and
WHEREAS, the Owner desires to have the Property remain in the City's extraterritorial
jurisdiction, in consideration for which the Owner agrees to enter into this Agreement;
and
WHEREAS, this Agreement is entered into pursuant to Sections 43.035 and/or 212.172
of the Texas Local Government Code, in order to address the desires of the Owner and
the procedures of the City; and
WHEREAS, the Owner and the City acknowledge that this Agreement is binding upon
the City and the Owner and their respective successors and assigns for the Term
(defined below) of this Agreement; and
WHEREAS, this Development Agreement is to be recorded in the Real Property
Records of Collin County;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
parties hereto agree as follows:
Section 1. IMMUNITY FROM ANNEXATION
The City guarantees the continuation of the extraterritorial status of the Owner's
Property, its immunity from annexation by the City, and its immunity from City property
taxes, for the Term of this Agreement, subject to the provisions of this Agreement.
Except as provided in this Agreement, the City agrees not to annex the Property, agrees
not to involuntarily institute proceedings to annex the Property, and further agrees not to
include the Property in a statutory annexation plan for the Term of this Agreement.
However, if the Property is annexed pursuant to the provisions of this Agreement, then
the City shall provide services to the Property pursuant to Chapter 43 of Texas Local
Government Code.
Section 2. OWNER OBLIGATIONS
(a) Owner covenants and agrees not to use the Property for any use other than for
the Existing Land Uses or for agriculture, wildlife management, and/or timber
land consistent with Chapter 23 of the Texas Tax Code, without the prior written
consent of the City.
1. Existing Land Uses mean the legal uses of the Property in existence as of
the Effective Date of this Agreement.
(b) Owner covenants and agrees that the Owner will not file any type of subdivision
plat or related development document for the Property with Collin County or the
City until the Property has been annexed into, and zoned by, the City.
(c) Other than a single Accessory Building, Owner covenants and agrees not to
construct, or allow to be constructed, any building on the Property that would
require a building permit if the Property were in the city limits, until the Property
has been annexed into, and zoned by, the City.
1. Accessory Building means an accessory building not exceeding 1500
square feet the use of which shall be incidental and accessory to the
existing residential and/or agricultural uses of the Property. The Proposed
Accessory Building shall not be used in connection with any commercial or
business activity.
2. Owner covenants and agrees to comply with all applicable codes and
ordinances of the City of Anna that would apply to the construction of the
proposed Accessory Building if the Property were in the city limits,
including but not limited to any platting requirement, any requirement to
obtain a building permit, compliance with any applicable building or
construction codes, and compliance with any applicable zoning and
development regulations for the Single Family Residential — Large Lot
(SF-E) Zoning District.
(d) Owner acknowledges that each and every owner of the Property must sign this
Agreement in order for the Agreement to take full effect, and the Owner who
signs this Agreement covenants and agrees, jointly and severally, to indemnify,
hold harmless, and defend the City against any and all legal claims, by any
person claiming an ownership interest in the Property who has not signed the
Agreement, arising in any way from the City's reliance on this Agreement.
(e) Owner acknowledges that if any plat or related development document is filed in
violation of this Agreement, or if the Owner commences development of the
Property in violation of this Agreement, then in addition to the City's other
remedies, such act will constitute a petition for voluntary annexation by the
Owner, and the Property will be subject to annexation at the discretion of the City
Council. The Owner agrees that such annexation shall be voluntary and the
Owner hereby consents to such annexation as though a petition for such
annexation had been tendered by the Owner. If annexation proceedings begin
pursuant to this Section 2(e), the Owner acknowledges that this Agreement
serves as an exception to Local Government Code Section 43.052, requiring a
municipality to use certain statutory procedures under an annexation plan.
Furthermore, the Owner hereby waives any and all vested rights and claims that
they may have under Section 43.002(a)(2) and Chapter 245 of the Texas Local
Government Code that would otherwise exist by virtue of any actions Owner has
taken in violation of Section 2 herein. The Owner further agrees that the Owner
will not in any manner contest any annexation of the Property initiated by the City
under this Section 2(e) or any annexation of the Property completed by the City
after the Term of this Agreement.
Section 3. CITY REGULATIONS AND PLANNING AUTHORITY
Pursuant to Sections 43.035(b)(1)(B) of the Texas Local Government Code, the City is
authorized to enforce all of the City's regulations and planning authority that do not
materially interfere with the uses of the Property authorized under Section 2(a) of this
Agreement.
Section 4. EFFECTIVE DATE
The "Effective Date" of this Agreement is the date that the last of the Parties' signatures
to this Agreement is fully and properly affixed to this Agreement and acknowledged by a
notary public. The City's duties and obligations hereunder shall not arise unless and
until the City Council has duly adopted this Agreement and Owner has duly executed
this Agreement and delivered same to the City.
Section 6. TERM
(a) The term of this Agreement (the "Term") is five (5) years from the Effective Date.
(b) The Owner, and all of the Owner's heirs, successors and assigns shall be
deemed to have filed a petition for voluntary annexation before the end of the
Term, for annexation of the Property to be completed on or after the end of the
Term. Prior to the end of the Term, the City may commence the voluntary
annexation of the Property. In connection with annexation pursuant to this
Section 5(c), the Owners hereby waive any vested rights they may have under
Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that
would otherwise exist by virtue of any application, plan, plat or construction any
of the Owners may submit or initiate during the time between the expiration of
this Agreement and the institution of annexation proceedings by the City.
Section 6. TEMPORARY ZONING
Property annexed pursuant to this Agreement shall be temporarily classified as SF-E
Single Family Residential — Large Lot District until permanent zoning is established by
the City Council pursuant to the City's Code of Ordinances, pending determination of
the Property's permanent zoning in accordance with the provisions of applicable law
and the City's Code of Ordinances.
Section 7. MISCELLANEOUS PROVISIONS
(a) Any person who sells or conveys any portion of the Property shall, prior to such
sale or conveyance, gives written notice of this Agreement to the prospective
purchaser or grantee.
(b) This Agreement shall run with the Property and be recorded in the real property
records of Collin County, Texas.
(c) If a court of competent jurisdiction determines that any covenant of this
Agreement is void or unenforceable, including the covenants regarding
involuntary annexation, then the remainder of this Agreement shall remain in full
force and effect.
(d) This Agreement may be enforced by any Owner or the City by any proceeding at
law or in equity. Failure to do so shall not be deemed a waiver to enforce the
provisions of this Agreement thereafter.
(e) No subsequent change in the law regarding annexation shall affect the
enforceability of this Agreement or the City's ability to annex the properties
covered herein pursuant to the terms of this Agreement.
(f) Exclusive jurisdiction and venue for disputes arising out of or related in any way
to this Agreement shall be in Collin County, Texas.
(g) This Agreement may be separately executed in individual counterparts and, upon
execution, shall constitute one and same instrument.
(h) This Agreement shall survive its termination to the extent necessary for the
implementation of the provisions of Sections 2(e) and 5(b) herein.
Entered into this day of , 2016.
Philip Sanders
City Manager, City of Anna, Texas
THE STATE OF TEXAS }
COUNTY OF COLLIN }
This instrument was acknowledged before me on the day of 2016, by
Philip Sanders, City Manager, City of Anna, Texas.
Notary Public, State of Texas
t
Owner 1 1 -
Printed Na . _..
THE STATE OF TEXAS)
COUNTY OF 0,owiI }
310-
This instrument was acknowledged before me on the day of 3 A i 2016, by
Ij
TAMARA CONSTIEN
:°� •'�`� Notary Public, State of Texas
r My Commission Expires
y% •+ January 26, 2017
hryrnN��
Printed Name: 1'�(+ cam-Imo►-{-c l- -�p�•t S
THE STATE OF TEXAS)
COUNTY OF % t.1 }
31sr .-
This instrument was acknowledged before me on the day of , 2016, by
Owner 2.
-IM14, PN, TAMARA CONSTIEN
'4 • ..q = Notary Public. State of Texas
• My Commission Expires
• oFmot ;;}i►r' January 26, 2017
No t to , NEWENNNOMW
Owner 3
Printed Name:
THE STATE OF TEXAS)
COUNTY OF }
This instrument was acknowledged before me on the day of 2016, by
, Owner 3.
EXHIBIT A
All that certain tractor parcel of land situated in the Henry Smith Survey, Abstract Number 823, County of Collin,
State of Texas, said tract being part of a called 9.85 acre tract as described in deed to Deneen G. Phillips, filed
12 September 2008, County Clerks Number 2008-091200110200, and being all of a called 1 acre tract as
described in deed to Deneen G. Phillips et vir, Albert E. Phillips Jr. filed 10 November 1999, County Clerks
Number 99-0138320, County of Collin, State of Texas, and being more fully described as follows:
Beginning for the Southwest corner of the tract being described herein at a set survey mark nail, said nail being
the occupied southwest corner of said 1 acre tract, and the southeast corner of the Oak Hallow Estates Phase 5,
filed 19 October 2004, and Recorded at 04-00152878 of the Plat of Collin County, Texas, said nail also being in
Collin County Road Number 367 (asphalt Surfaced);
Thence: North 07 degrees 42 minutes 30 seconds East, with the West line of said 1 acre tract, and passing at
26.13 feet a wood fence corner post on the north side of CR 367, and continuing on said corner for a total
distance of 505.19 (512) feet to a cross -Tie fence corner post for the occupied northwest corner of said 9.85 ac
tract;
Thence: South 88 degrees 46 minutes 39 seconds East, with the occupied north line of said 9.85 acre tract, and
passing at 33.29 feet a Cross -Tie fence corner post on the west side of a pond, and continuing on said course
for a total distance 437.92 feet for the northeast corner of this tract; X7
Thence: South 00 degrees 31 minutes 06 seconds East, and passing at 56.0 feet a set 1/2 inch Street Square
Tubing on a Pond Dem, and passing at 456.09 feet a set 1/2 inch Steel Square Tubing in a wire fence line on the
north side of CR 367, and continuing on said course for a total distance of 481.09 feet to a set survey mark nail
for the southeast corner of this tract, and on the south line of said 9.85 acre tract and on CR 367;
Thence: South 88 degrees 51 minutes 08 seconds West, with the south line of said Phillips tracts, and in CR
367, a distance of 510.03 feet to the POINT OF BEGINNING and containing 5.339 acres of land.
Filed and Recorded
Official PublIo R c Clerk
Stacey KemP, Cou
Collin County, TEXAS
06/24/2011 02 40 13 PM
S28 00 CLUNK
20110624000655480
EXHIBIT A -LEGAL DESCRIPTION
I
Item No. 5.d.
City Council Agenda
Staff Report
Meeting Date: 8/9/2016
YOUR) HOMETOWN
AGENDAITEM:
Resolution approving a Development Agreement with Steven and Tamara Constien. (Maurice
Schwanke)
SUMMARY:
In May of this year, the City Council directed staff to begin annexation proceedings on 32.295
acres of land located at the northwest corner of Taylor Blvd. and Ferguson Parkway. As an
alternative to annexation, the Council directed staff to offer a development agreement to all the
property owners within the area proposed for annexation. The development agreement
guarantees that the properties would remain outside the city limits for a specified period of time
(initial offer was three (3) years) after which the property owners would consent to voluntary
annexation.
The owners of 1812 S. Ferguson Parkway (a 5.412-acre tract) have accepted the proposed
development agreement subject to two modifications:
• The agreement guarantees the continuation of the extraterritorial status of the property for five (5)
years or until such time as a subdivision plat or related development document is filed with the City
for the property, whichever occurs first. The land is currently used for residential purposes.
• The agreement allows the owner to construct an accessory building not exceeding 1500 square
feet without triggering annexation of the property prior to the end of the 5-year term. The owner
must comply with all applicable building and development regulations that would otherwise apply
to the construction of the building if the property were inside the city limits.
STAFF RECOMMENDATION:
Staff recommends approval of the attached Resolution and Agreement
ATTACHMENTS:
Description Upload Date Type
Resolution 8/4/2016 Resolution
Exhibit 1, Development Agreement 8/3/2016 Exhibit
Exhibit A, Legal Description 8/3/2016 Exhibit
Location Map 8/3/2016 Backup Material
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE
CITY OF ANNA, TEXAS AND STEVEN AND TAMARA CONSTIEN AUTHORIZING
THE CITY MANAGER TO EXECUTE SAME ON BEHALF OF THE CITY.
WHEREAS, the City of Anna, Texas (the "City") and Steven and Tamara Constien
(the "Owners") desire to enter into a Chapter 43 and Chapter 212 Texas Local
Government Code Development Agreement (the "Agreement"); and
WHEREAS, the City Council of the City of Anna, Texas (the "City Council") finds that
approval of the Agreement is in the best interests of the citizens of Anna;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Approval of Agreement
The City Council hereby approves the Agreement, attached hereto as Exhibit 1,
incorporated herein for all purposes and authorizes the City Manager to execute same
on behalf of the City. The Agreement is not valid unless properly executed by the City
Manager.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 9t"
day of August, 2016.
ATTEST: APPROVED:
City Secretary, Carrie L. Smith Mayor, Mike Crist
STATE OF TEXAS
COUNTY OF COLLIN
CHAPTER 43 & CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE
DEVELOPMENT AGREEMENT
This Agreement is entered into pursuant to Sections 43.035 and/or 212.172 of the
Texas Local Government Code by and between the City of Anna, Texas (the " ly") and
the undersigned property owner(s) (the "Owner"). The term "Owner" includes all owners
of the Property.
WHEREAS, Owner and the City are sometimes collectively referenced in this
Agreement as the "Parties" or, each individually, as "Party"; and
WHEREAS, the Owner owns a parcel of real property(s) (the "Property") in Collin
County, Texas, commonly described as being 1812 Ferguson Parkway; and as shown
in the attached Exhibit "A"; and
WHEREAS, the Owner desires to have the Property remain in the City's extraterritorial
jurisdiction, in consideration for which the Owner agrees to enter into this Agreement;
and
WHEREAS, this Agreement is entered into pursuant to Sections 43.035 and/or 212.172
of the Texas Local Government Code, in order to address the desires of the Owner and
the procedures of the City; and
WHEREAS, the Owner and the City acknowledge that this Agreement is binding upon
the City and the Owner and their respective successors and assigns for the Term
(defined below) of this Agreement; and
WHEREAS, this Development Agreement is to be recorded in the Real Property
Records of Collin County;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
parties hereto agree as follows:
Section 1. IMMUNITY FROM ANNEXATION
The City guarantees the continuation of the extraterritorial status of the Owner's
Property, its immunity from annexation by the City, and its immunity from City property
taxes, for the Term of this Agreement, subject to the provisions of this Agreement.
Except as provided in this Agreement, the City agrees not to annex the Property, agrees
not to involuntarily institute proceedings to annex the Property, and further agrees not to
include the Property in a statutory annexation plan for the Term of this Agreement.
However, if the Property is annexed pursuant to the provisions of this Agreement, then
the City shall provide services to the Property pursuant to Chapter 43 of Texas Local
Government Code.
Section 2. OWNER OBLIGATIONS
(a) Owner covenants and agrees not to use the Property for any use other than for
the Existing Land Uses or for agriculture, wildlife management, and/or timber
land consistent with Chapter 23 of the Texas Tax Code, without the prior written
consent of the City.
1. Existing Land Uses mean the legal uses of the Property in existence as of
the Effective Date of this Agreement.
(b) Owner covenants and agrees that the Owner will not file any type of subdivision
plat or related development document for the Property with Collin County or the
City until the Property has been annexed into, and zoned by, the City.
(c) Other than a single Accessory Building, Owner covenants and agrees not to
construct, or allow to be constructed, any building on the Property that would
require a building permit if the Property were in the city limits, until the Property
has been annexed into, and zoned by, the City.
1. Accessory Building means an accessory building not exceeding 1500
square feet the use of which shall be incidental and accessory to the
existing residential and/or agricultural uses of the Property. The Proposed
Accessory Building shall not be used in connection with any commercial or
business activity.
2. Owner covenants and agrees to comply with all applicable codes and
ordinances of the City of Anna that would apply to the construction of the
proposed Accessory Building if the Property were in the city limits,
including but not limited to any platting requirement, any requirement to
obtain a building permit, compliance with any applicable building or
construction codes, and compliance with any applicable zoning and
development regulations for the Single Family Residential — Large Lot
(SF-E) Zoning District.
(d) Owner acknowledges that each and every owner of the Property must sign this
Agreement in order for the Agreement to take full effect, and the Owner who
signs this Agreement covenants and agrees, jointly and severally, to indemnify,
hold harmless, and defend the City against any and all legal claims, by any
person claiming an ownership interest in the Property who has not signed the
Agreement, arising in any way from the City's reliance on this Agreement.
(e) Owner acknowledges that if any plat or related development document is filed in
violation of this Agreement, or if the Owner commences development of the
Property in violation of this Agreement, then in addition to the City's other
remedies, such act will constitute a petition for voluntary annexation by the
Owner, and the Property will be subject to annexation at the discretion of the City
Council. The Owner agrees that such annexation shall be voluntary and the
Owner hereby consents to such annexation as though a petition for such
annexation had been tendered by the Owner. If annexation proceedings begin
pursuant to this Section 2(e), the Owner acknowledges that this Agreement
serves as an exception to Local Government Code Section 43.052, requiring a
municipality to use certain statutory procedures under an annexation plan.
Furthermore, the Owner hereby waives any and all vested rights and claims that
they may have under Section 43.002(a)(2) and Chapter 245 of the Texas Local
Government Code that would otherwise exist by virtue of any actions Owner has
taken in violation of Section 2 herein. The Owner further agrees that the Owner
will not in any manner contest any annexation of the Property initiated by the City
under this Section 2(e) or any annexation of the Property completed by the City
after the Term of this Agreement.
Section 3. CITY REGULATIONS AND PLANNING AUTHORITY
Pursuant to Sections 43.035(b)(1)(B) of the Texas Local Government Code, the City is
authorized to enforce all of the City `s regulations and planning authority that do not
materially interfere with the uses of the Property authorized under Section 2(a) of this
Agreement.
Section 4. EFFECTIVE DATE
The "Effective Date" of this Agreement is the date that the last of the Parties' signatures
to this Agreement is fully and properly affixed to this Agreement and acknowledged by a
notary public. The City's duties and obligations hereunder shall not arise unless and
until the City Council has duly adopted this Agreement and Owner has duly executed
this Agreement and delivered same to the City.
Section 5. TERM
(a) The term of this Agreement (the "Term") is five (5) years from the Effective Date.
(b) The Owner, and all of the Owner's heirs, successors and assigns shall be
deemed to have filed a petition for voluntary annexation before the end of the
Term, for annexation of the Property to be completed on or after the end of the
Term. Prior to the end of the Term, the City may commence the voluntary
annexation of the Property. In connection with annexation pursuant to this
Section 5(c), the Owners hereby waive any vested rights they may have under
Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that
would otherwise exist by virtue of any application, plan, plat or construction any
of the Owners may submit or initiate during the time between the expiration of
this Agreement and the institution of annexation proceedings by the City.
Section 6. TEMPORARY ZONING
Property annexed pursuant to this Agreement shall be temporarily classified as SF-E
Single Family Residential — Large Lot District until permanent zoning is established by
the City Council pursuant to the City's Code of Ordinances, pending determination of
the Property's permanent zoning in accordance with the provisions of applicable law
and the City's Code of Ordinances.
Section 7. MISCELLANEOUS PROVISIONS
(a) Any person who sells or conveys any portion of the Property shall, prior to such
sale or conveyance, gives written notice of this Agreement to the prospective
purchaser or grantee.
(b) This Agreement shall run with the Property and be recorded in the real property
records of Collin County, Texas.
(c) If a court of competent jurisdiction determines that any covenant of this
Agreement is void or unenforceable, including the covenants regarding
involuntary annexation, then the remainder of this Agreement shall remain in full
force and effect.
(d) This Agreement may be enforced by any Owner or the City by any proceeding at
law or in equity. Failure to do so shall not be deemed a waiver to enforce the
provisions of this Agreement thereafter.
(e) No subsequent change in the law regarding annexation shall affect the
enforceability of this Agreement or the City's ability to annex the properties
covered herein pursuant to the terms of this Agreement.
(f) Exclusive jurisdiction and venue for disputes arising out of or related in any way
to this Agreement shall be in Collin County, Texas.
(g) This Agreement may be separately executed in individual counterparts and, upon
execution, shall constitute one and same instrument.
(h) This Agreement shall survive its termination to the extent necessary for the
implementation of the provisions of Sections 2(e) and 5(b) herein.
Entered into this day of , 2016.
Philip Sanders
City Manager, City of Anna, Texas
THE STATE OF TEXAS }
COUNTY OF COLLIN }
This instrument was acknowledged before me on the day of 2016, by
Philip Sanders, City Manager, City of Anna, Texas.
Notary Public, State of Texas
Printed Name: !E5Fe)J:EN C�N�rl�l
THE STATE OF TEXAS }
COUNTY OF V_ou_, .) }
si
This instrument was acknowledged before me on the day of
f -T J _ � C,h t S , 1 t� , Owner 1.
Nota Public, State of Texas
Printed Name:
THE STATE OF TEXAS)
COUNTY OF O nu 11,. )
09
�, 2016, by
; CLARISSA PALMER
3io: ! Notary Public, State of Texas
t.€ My Commission Expires
June 13, 2017
ysr
This instrument was acknowledged before me on the day of 2016, by
11NAA1ZA rAIgSTt�,&L Owner2.
, CLARISSA PALMER
X Notary Public, State of Texas
My Commission Expfres
No_faublic, State of texas ' n;�';: June 13, 2017
Owner 3
Printed Name:
THE STATE OF TEXAS)
COUNTY OF
This instrument was acknowledged before me on the day of , 2016, by
, Owner 3.
Notary Public, State of Texas
Owner 4
Printed Name:
THE STATE OF TEXAS)
COUNTY OF }
This instrument was acknowledged before me on the day of 2016 , by
Owner 4.
Notary Public, State of Texas
EXHIBIT A
All that certain tract or parcel of land situated in the Henry Smith Survey, Abstract Number 823, County of Collin,
State of Texas, said tract being part of a called 9. 85 acre tract as described in deed to Deneen G. Phillips, filed
12 September 2008, County Clerks Number 2008-091200110200 County Clerks Number 99-0138320, County of
Collin, State of Texas, and being more fully described as follows:
Beginning for the Southeast corner of the tract being described herein at a found 1 inch Steel Rod, said rod
being the occupied southeast corner of said 9.85 acre tract, and at a turn in Collin County Road Number 367
(asphalt Surfaced);
Thence: South 88 degrees 51 minutes 08 seconds West, with the south line of said 9.85 acre tract, and in CR
367, a distance of 501.22 feet to a set survey mark nail for the southwest corner of this tract; \
Thence: North 00 degrees 31 minutes 06 seconds West and passing at 25.0 feet a set 1/2 inch Steel Square
Tubing in a wire fence on the north side of CR 367, and passing at 425.09 feet a set 1/2 inch Steel Square
Tubing on a Pond Dam, and continuing on said course for a total distance of 481.09 feet for the northwest corner
of this tact and on the north line of said 9.85 acre tract;
Thence: South 88 degrees 46 minutes 39 seconds East, with the occupied north line of said 9.85 acre tract, and
passing at 470.62 feet a Pipe fence corner Post on the west side of CR 367, and continuing on said course for a
total distance 500.69 feet for the northeast corner of said 9.85 acre tract, and in CR 367;
Thence: South 00 degrees 36 minutes 33 seconds East, with the east line of said 9.85 acre tract, a distance of
460.37 feet to the POINT OF BEGINNING and containing 5.412 acres of land.
Piled an
OF f1ci
Staoey o K011 empbl � RQ rded
oras
G6/2In j coUntV TEXY Clerk
$24. 4 2011 2 4G 13 P11
20110624000655460
I
Item No. 5.e.
City Council Agenda
Staff Report
Meeting Date: 8/9/2016
YOUR) HOMETOWN
AGENDAITEM:
Resolution approving a Development Agreement with the Constien Family Trust. (Maurice
Schwanke)
SUMMARY:
In May of this year, the City Council directed staff to begin annexation proceedings on 32.295
acres of land located at the northwest corner of Taylor Blvd. and Ferguson Parkway. As an
alternative to annexation, the Council directed staff to offer a development agreement to all the
property owners within the area proposed for annexation. The development agreement
guarantees that the properties would remain outside the city limits for a specified period of time
(initial offer was three (3) years) after which the property owners would consent to voluntary
annexation.
The owners of 1510 S. Ferguson Parkway (an 18.728-acre tract) have accepted the proposed
development agreement subject to two modifications:
• The agreement guarantees the continuation of the extraterritorial status of the property for five (5)
years or until such time as a subdivision plat or related development document is filed with the City
for the property, whichever occurs first. The land is currently used for residential purposes.
• The agreement allows the owner to construct an accessory building not exceeding 1500 square
feet without triggering annexation of the property prior to the end of the 5-year term. The owner
must comply with all applicable building and development regulations that would otherwise apply
to the construction of the building if the property were inside the city limits.
STAFF RECOMMENDATION:
Staff recommends approval of the attached Resolution and agreement.
ATTACHMENTS:
Description Upload Date Type
Resolution 8/4/2016 Resolution
Exhibit 1, Development Agreement 8/3/2016 Exhibit
Exhbit A, Legal Description 8/3/2016 Exhibit
Location Map 8/3/2016 Backup Material
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE
CITY OF ANNA, TEXAS AND CONSTIEN FAMILY TRUST AUTHORIZING THE CITY
MANAGER TO EXECUTE SAME ON BEHALF OF THE CITY.
WHEREAS, the City of Anna, Texas (the "City") and The Constien Family Trust (the
"Owner") desire to enter into a Chapter 43 and Chapter 212 Texas Local Government
Code Development Agreement (the "Agreement"); and
WHEREAS, the City Council of the City of Anna, Texas (the "City Council") finds that
approval of the Agreement is in the best interests of the citizens of Anna;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Approval of Agreement
The City Council hereby approves the Agreement, attached hereto as Exhibit 1,
incorporated herein for all purposes and authorizes the City Manager to execute same
on behalf of the City. The Agreement is not valid unless properly executed by the City
Manager.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 9t"
day of August, 2016.
ATTEST: APPROVED:
City Secretary, Carrie L. Smith Mayor, Mike Crist
STATE OF TEXAS
COUNTY OF COLLIN
CHAPTER 43 & CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE
DEVELOPMENT AGREEMENT
This Agreement is entered into pursuant to Sections 43.035 and/or 212.172 of the
Texas Local Government Code by and between the City of Anna, Texas (the "Cif') and
the undersigned property owner(s) (the "Owner"). The term "Owner" includes all owners
of the Property.
WHEREAS, Owner and the City are sometimes collectively referenced in this
Agreement as the "Parties" or, each individually, as "Rg_t"; and
WHEREAS, the Owner owns a parcel of real property(s) (the "Property") in Collin
County, Texas, commonly described as being 1622 Taylor Blvd.; and as shown in the
attached Exhibit "A"; and
WHEREAS, the Owner desires to have the Property remain in the City's extraterritorial
jurisdiction, in consideration for which the Owner agrees to enter into this Agreement;
and
WHEREAS, this Agreement is entered into pursuant to Sections 43.035 and/or 212.172
of the Texas Local Government Code, in order to address the desires of the Owner and
the procedures of the City; and
WHEREAS, the Owner and the City acknowledge that this Agreement is binding upon
the City and the Owner and their respective successors and assigns for the Term
(defined below) of this Agreement; and
WHEREAS, this Development Agreement is to be recorded in the Real Property
Records of Collin County;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
parties hereto agree as follows:
Section 1. IMMUNITY FROM ANNEXATION
The City guarantees the continuation of the extraterritorial status of the Owner's
Property, its immunity from annexation by the City, and its immunity from City property
taxes, for the Term of this Agreement, subject to the provisions of this Agreement.
Except as provided in this Agreement, the City agrees not to annex the Property, agrees
not to involuntarily institute proceedings to annex the Property, and further agrees not to
include the Property in a statutory annexation plan for the Term of this Agreement.
However, if the Property is annexed pursuant to the provisions of this Agreement, then
the City shall provide services to the Property pursuant to Chapter 43 of Texas Local
Government Code.
Section 2. OWNER OBLIGATIONS
(a) Owner covenants and agrees not to use the Property for any use other than for
the Existing Land Uses or for agriculture, wildlife management, and/or timber
land consistent with Chapter 23 of the Texas Tax Code, without the prior written
consent of the City.
1. Existing Land Uses mean the legal uses of the Property in existence as of
the Effective Date of this Agreement.
(b) Owner covenants and agrees that the Owner will not file any type of subdivision
plat or related development document for the Property with Collin County or the
City until the Property has been annexed into, and zoned by, the City.
(c) Other than a single Accessory Building, Owner covenants and agrees not to
construct, or allow to be constructed, any building on the Property that would
require a building permit if the Property were in the city limits, until the Property
has been annexed into, and zoned by, the City.
1. Accessory Building means an accessory building not exceeding 1500
square feet the use of which shall be incidental and accessory to the
existing residential and/or agricultural uses of the Property. The Proposed
Accessory Building shall not be used in connection with any commercial or
business activity.
2. Owner covenants and agrees to comply with all applicable codes and
ordinances of the City of Anna that would apply to the construction of the
proposed Accessory Building if the Property were in the city limits,
including but not limited to any platting requirement, any requirement to
obtain a building permit, compliance with any applicable building or
construction codes, and compliance with any applicable zoning and
development regulations for the Single Family Residential — Large Lot
(SF-E) Zoning District.
(d) Owner acknowledges that each and every owner of the Property must sign this
Agreement in order for the Agreement to take full effect, and the Owner who
signs this Agreement covenants and agrees, jointly and severally, to indemnify,
hold harmless, and defend the City against any and all legal claims, by any
person claiming an ownership interest in the Property who has not signed the
Agreement, arising in any way from the City's reliance on this Agreement.
(e) Owner acknowledges that if any plat or related development document is filed in
violation of this Agreement, or if the Owner commences development of the
Property in violation of this Agreement, then in addition to the City's other
remedies, such act will constitute a petition for voluntary annexation by the
Owner, and the Property will be subject to annexation at the discretion of the City
Council. The Owner agrees that such annexation shall be voluntary and the
Owner hereby consents to such annexation as though a petition for such
annexation had been tendered by the Owner. If annexation proceedings begin
pursuant to this Section 2(e), the Owner acknowledges that this Agreement
serves as an exception to Local Government Code Section 43.052, requiring a
municipality to use certain statutory procedures under an annexation plan.
Furthermore, the Owner hereby waives any and all vested rights and claims that
they may have under Section 43.002(a)(2) and Chapter 245 of the Texas Local
Government Code that would otherwise exist by virtue of any actions Owner has
taken in violation of Section 2 herein. The Owner further agrees that the Owner
will not in any manner contest any annexation of the Property initiated by the City
under this Section 2(e) or any annexation of the Property completed by the City
after the Term of this Agreement.
Section 3. CITY REGULATIONS AND PLANNING AUTHORITY
Pursuant to Sections 43.035(b)(1)(B) of the Texas Local Government Code, the City is
authorized to enforce all of the City's regulations and planning authority that do not
materially interfere with the uses of the Property authorized under Section 2(a) of this
Agreement.
Section 4. EFFECTIVE DATE
The "Effective Date" of this Agreement is the date that the last of the Parties' signatures
to this Agreement is fully and properly affixed to this Agreement and acknowledged by a
notary public. The City's duties and obligations hereunder shall not arise unless and
until the City Council has duly adopted this Agreement and Owner has duly executed
this Agreement and delivered same to the City.
Section 5. TERM
(a) The term of this Agreement (the "Term") is five (5) years from the Effective Date.
(b) The Owner, and all of the Owner's heirs, successors and assigns shall be
deemed to have filed a petition for voluntary annexation before the end of the
Term, for annexation of the Property to be completed on or after the end of the
Term. Prior to the end of the Term, the City may commence the voluntary
annexation of the Property. In connection with annexation pursuant to this
Section 5(c), the Owners hereby waive any vested rights they may have under
Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that
would otherwise exist by virtue of any application, plan, plat or construction any
of the Owners may submit or initiate during the time between the expiration of
this Agreement and the institution of annexation proceedings by the City.
Section 6. TEMPORARY ZONING
Property annexed pursuant to this Agreement shall be temporarily classified as SF-E
Single Family Residential — Large Lot District until permanent zoning is established by
the City Council pursuant to the City's Code of Ordinances, pending determination of
the Property's permanent zoning in accordance with the provisions of applicable law
and the City's Code of Ordinances.
Section 7. MISCELLANEOUS PROVISIONS
(a) Any person who sells or conveys any portion of the Property shall, prior to such
sale or conveyance, gives written notice of this Agreement to the prospective
purchaser or grantee.
(b) This Agreement shall run with the Property and be recorded in the real property
records of Collin County, Texas.
(c) If a court of competent jurisdiction determines that any covenant of this
Agreement is void or unenforceable, including the covenants regarding
involuntary annexation, then the remainder of this Agreement shall remain in full
force and effect.
(d) This Agreement may be enforced by any Owner or the City by any proceeding at
law or in equity. Failure to do so shall not be deemed a waiver to enforce the
provisions of this Agreement thereafter.
(e) No subsequent change in the law regarding annexation shall affect the
enforceability of this Agreement or the City's ability to annex the properties
covered herein pursuant to the terms of this Agreement.
(f) Exclusive jurisdiction and venue for disputes arising out of or related in any way
to this Agreement shall be in Collin County, Texas.
(g) This Agreement may be separately executed in individual counterparts and, upon
execution, shall constitute one and same instrument.
(h) This Agreement shall survive its termination to the extent necessary for the
implementation of the provisions of Sections 2(e) and 5(b) herein.
Entered into this day of , 2016.
Philip Sanders
City Manager, City of Anna, Texas
THE STATE OF TEXAS }
COUNTY OF COLLIN }
This instrument was acknowledged before me on the day of 2016, by
Philip Sanders, City Manager, City of Anna, Texas.
Notary Public, State of Texas
O
Owner 1 1}
Printed Name: �t�f v�o-'k C_oA5. ,e+-_
THE STATE12F OKLAHOMA }
COUNTY OF �PU }
This instrum nt was acknowledged before me on theday
\iC (1000 UoyU`+k'e v\ Owner 1.
1
Notary Public, State of -Tema C)kjc�_
-A-r8
Owner 2
Printed Name:
THE STATE
COUNTY OF
}
}
of_, 2016, by
was acknowledged before me on theNay of
vi�-� i 'E V� , Owner 2.
Public, State of Texas CLLA ec-. 9
Owner 3
Printed Name:
THE STATE OF TEXAS)
COUNTY OF }
M
ado OZAnY F
D
* r„
This instrument was acknowledged before me on the -day of , 2016, by
. Owner 3.
Notary Public, State of Texas
Owner 4
Printed Name:
THE STATE OF TEXAS)
COUNTY OF }
This instrument was acknowledged before me on the day of 2016 , by
, Owner 4.
Notary Public, State of Texas
EXHIBIT A
Being a tract of land situated in the Henry Smith Survey, Abstract No. 823, in Collin County,
Texas and being a part of that tract of land described by deed to Daniel H. Smallwood, as
recorded in Volume 822, Page 666, of the Deed Records of Collin County, Texas (D.R.C.C.T.),
said tract being more particularly described as follows:
COMMENCING at a railroad spike found in Country Road No. 367, same being the
southeasterly corner of the 30' Right -of -Way Dedication for said County Road, as wn on the
plat of OAK HOLLOW ESTATES PHASE 2, an addition to the City of Anna, as ed in
Volume 0, Page 392, of the Map Records of Collin County, Texas (M.R.C.C.T.), er
being the northeasterly corner of the herein described property;
THENCE South 00004'29" West, along said County Road, a distance of 20 1 set
in asphalt for the POINT OF BEGINNING of the herein described erty;
THENCE South 00004'29" West, continuing along said County o 'fence 35.17' to a
point for corner, said corner being the most easterly southeast of described
property, same being the northeasterly corner of a tract of 1 described by to Samuel J.
Papaneri, and wife, Nancy Jo Papaneri, as recorded in Vol 1963, Pa g 2 , D.R.C.C.T.,
from which a survey marker found in asphalt bears, Soil 'O1" W a distance of 0.50';
THENCE North 88°27' 16" West, along the
iron rod with a yellow plastic cap stamped "
iron rod set) for reference at a distance of 31
distance of 353.87' to a capped iron rod syl;
THENCE South 02°28'30" West, aloj
131.30' to a capped iron rod set at the
the northerly line of a tract of lad
Constien, as recorded under of Collin County, Texas (O.rent
.T.);
'd Papaneri tract, passing a W
set after referred to as a capped
tin ' along said northerly line a total
esterly corner of said Papaneri tract;
lirid"'of said Papaneri tract, a distance of
corm of said Papaneri tract, same being in
to Steven Constien and spouse, Tamara
4000655460, of the Official Public Records,
THENCE North 87049 0g e westerly south line of the herein described property,
a distance of 582.20' to a n rod set for the southwesterly comer of the herein described
property, same b e northw&&fly corner of a tract of land described by deed to Charles
Robert Adams d , Michelle Adams, as recorded under Document No.
2011062 0106 C.T., said corner also being in the southwesterly line of PAK
HOLLO ESTA HA 5, an addition to the City of Anna, as recorded in Volume P, Page
966, M .T.;
THENCE NorlhQ"�Vl7" East, along said southeasterly line of last said addition, a distance of
1052.77' to a 1/2 iron rod found for the northwesterly comer of the herein described property,
same being the northeasterly corner of said OAK HOLLOW ESTATES PHASE 5, same also
being in the southerly line of said OAK HOLLOW ESTATES PHASE 2;
Page 1 of 2
THENCE North 89°50' 10" East, along the southerly line of said OAK HOLLOW ESTATES
PHASE 2, a distance of 52312' to a capped iron red set;
THENCE South 01°41'09" West, a distance of 207.55' to a capped iron rod set for corner,
THENCE South 89°45'57" East, a distance of 272.98' to the POINT OF BEGINNING and
containing 18.728 ages of land, more or less.
Filed and Recorded
Official Public Records
Stacey Keay, County Clerk
Collin County, TEXAS
04/14/2016 11:19:39 AM
$34.08 CFOSTER
201604M008445M
r , r
Page 2 of 2
EXHIBIT A
Being a tract of land situated in the Henry Smith Survey, Abstract No. 823, in Collin County,
Texas and being a part of that tract of land described by deed to Daniel H. Smallwood, as
recorded in Volume 822, Page 666, of the Deed Records of Collin County, Texas (D.R.C.C.T.),
said tract being more particularly described as follows:
COMMENCING at a railroad spike found in Country Road No. 367, same being the
southeasterly comer of the 30' Right -of -Way Dedication for said County Road, as shown on the
plat of OAK HOLLOW ESTATES PHASE 2, an addition to the City of Anna, as recorded in
Volume 0, Page 392, of the Map Records of Collin County, Texas (M.R.C.C.T.), said corner
being the northeasterly corner of the herein described property;
THENCE South 00004'29" West, along said County Road, a distance of 209.34' to a p.k._nail set
in asphalt for the POINT OF BEGINNING of the herein described property;
THENCE South 00°04'29" West, continuing along said County Road, a distance of 735.17' to a
point for corner, said corner being the most easterly southeast corner of the herein described
property, same being the northeasterly corner of a tract of land described by deed to Samuel J.
Papaneri, and wife, Nancy Jo Papaneri, as recorded in Volume 1963, Page 201, D.R.C.C.T.,
from which a survey marker found in asphalt bears, South 00°17'01" West, a distance of 0.50';
THENCE North 88'27' 16" West, along the northerly line of said Papaneri tract, passing a %"
iron rod with a yellow plastic cap stamped "RPLS 5686" set (herein after referred to as a capped
iron rod set) for reference at a distance of 30.00', and continuing along said northerly line a total
distance of 353.87' to a capped iron rod set at the northwesterly corner of said Papaneri tract;
THENCE South 02°28'30" West, along the westerly line of said Papaneri tract, a distance of
131.30' to a capped iron rod set at the southwesterly corner of said Papaneri tract, same being in
the northerly line of a tract of land described by deed to Steven Constien and spouse, Tamara
Constien, as recorded under Document No. 20110624000655460, of the Official Public Records,
of Collin County, Texas (O.P.R.C.C.T.);
THENCE North 87°49'09" West, along the westerly south line of the herein described property,
a distance of 582.20' to a capped iron rod set for the southwesterly corner of the herein described
property, same being the northwesterly corner of a tract of land described by deed to Charles
Robert Adams and spouse, Michelle Adams, as recorded under Document No.
20110624000655480, O.P.R.C.C.T., said corner also being in the southwesterly line of OAK
HOLLOW ESTATES PHASE 5, an addition to the City of Anna, as recorded in Volume P, Page
966, M.R.C.C.T.;
THENCE North 08'18'17" East, along said southeasterly line of last said addition, a distance of
1052.77' to a 1/2 iron rod found for the northwesterly corner of the herein described property,
same being the northeasterly corner of said OAK HOLLOW ESTATES PHASE 5, same also
being in the southerly line of said OAK HOLLOW ESTATES PHASE 2;
Page 1 of 2
THENCE North 89'50' 10" East, along the southerly line of said OAK HOLLOW ESTATES
PHASE 2, a distance of 523.22' to a capped iron rod set;
THENCE South 01 °41'09" West, a distance of 207.55' to a capped iron rod set for corner;
THENCE South 89045'57" East, a distance of 272.98' to the POINT OF BEGINNING and
containing 18.728 acres of land, more or less.
Filed and Recorded
Official Public Records
Stacey Kemp, County Clerk
Collin County, TEXAS
04/14/2016 11:19:38 AM
$34.00 DFOSTER
20160414000445880
Page 2 of 2
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Item No. 5.f.
City Council Agenda
Staff Report
Meeting Date: 8/9/2016
YOUR) HOMETOWN
AGENDAITEM:
Resolution approving Nahas Addition Development Plat. (Maurice Schwanke)
SUMMARY:
Maurice and Rosemary Nahas have submitted an application for approval of a development plat of
the Nahas Addition. The property is located within Anna's exterritorial jurisdiction at 425 N. Church
Street, further described as an 8.47-acre tract of land in the John Rowland Survey, Abstract
A0784. The owner is planning on building a house on the site and has already built a barn on the
tract requiring the submittal of a development plat.
The Planning and Zoning Commission recommend approval of the development plat at their
August 1 st Meeting.
STAFF RECOMMENDATION:
Staff recommends approval of this development plat.
ATTACHMENTS:
Description
Resolution
Exhibit 1, Nahas Development Plat
Location Map
Upload Date Type
8/4/2016 Resolution
8/3/2016 Exhibit
8/1 /2016 Backup Material
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A DEVELOPMENT PLAT
OF THE NAHAS ADDITION.
WHEREAS, in order to provide for the orderly development of land within the Anna city limits
and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council")
has adopted Part III -A of the Anna City Code of Ordinances ("Subdivision Regulations"); and
WHEREAS, Maurice and Rosemary Nahas have submitted an application for approval of a
development plat of the Nahas Addition.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Approval of Development Plat
The City Council hereby approves the Nahas development plat attached hereto as Exhibit 1.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 9t", day
of August, 2016.
ATTEST:
APPROVED:
City Secretary, Carrie L. Smith Mayor, Mike Crist
Li= " A526.
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AND WFE, AUDRA WOMBLE
VOL 564, PG. 279
D.R.00.T.
ROBERT W. FEAGAN, SR.
DOC. Nic, 20110426000425440
O.P.R.C.C.T.
10' TIMG. & U.E. LOT 42, BLOCK A
CAB. N, SLIDE 101 PECAN HOLLOW
P.R.C.C.T. CAB..R S101
P.R.C.C.T.GT.
E9. 3 st70£ 1pjJ 10' DRNG. & U.E.
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DOC, NO. 94-0074486
M POST D.R.C.C.T.
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20.6' WELL
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JOHN ROWLANb SURVE 7Td�T'
ABSTRACT NO. 784
WESTMINSTER, COLLIN COUNT , TEXAS
PROPOSED
HOUSE
8.470 ACRES Of L ND
(368,969 SQUARE FEET)
I
FENCE
POST
FOR CORNER
CREEK
SET 1/2" I.R. Y(
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DOC, NO. 94-0074485
D.R.C.C.T.
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--....--------..___ ___ ____ ___ ____ __.._.-- ___ _..__._.. ___,. __.. ___ _-- _' FENCE POST S6%J
LOCATION OF NEW EARN IS SCALED Ix FOR CC19NER 8jsa, 4"lg"
WILLIAMSON TO THS SURVEY BY S. OF G, M. GEER. SURVEYING AND
ENGINEERING. I 111
1101 W. UNIVERSiTY DRIVE � -
MCKINNEY, TEXAS 75069 I p
072-562-3959 i
v+vnv.geersurveyingandeilgilleering.GDm I �'� -
pl FENCE POST
1, FOE( CORNER
O
- - - � (jaEA�� CAI
N 7g4z'la° -----
7.06' W
RON AND OEANNA FDURNIER (MtAS. END 3 � - Wfl Dave xB
pOC. N0. 2006-0001570. ) /8' j'fl' - - _ _ p ��7 DOC.
N0. 20101NG x U5233D
D.fl.C.C.T. rc 3 SHEILA K. BROPHY
DOC. NO. 02-20010013 D.R,C.C.T.
D.R.C.C,L N IV
a 375.51. 4, o^i
w H CHARLES R. BRIGHAM ET UX, 'uEAS,)
SARAR L URIGHAM
DOC, NO, 93-0093084 X FENCE POST
D.R.C.C.T. FOR CORNER
NAH fl S CHMSAR R. J. BE;GM FT U%,
I f-",�] I SARAN J. BR WHAM
VOL 2473, 144
Gi
D.R.C.T..T.
DEVELOPMENT PLAT �
' 425 N. CHURCH ST
WESTMINSTER, TX i
O
x
SET 1/2' I.R. YC
BEING ALL OF THAT CERTAIN LOT. TRACT 0R PARCELOFLANs LOCATEDWTHEdOHNRO%%A DSURVkY.ABSTRACT
NO.7R4, COLLIN COUNTY, TEXAS, AND BEING THE SAME TRACTS OF LAND DESCRIBED AS TRACT 1 AND TRACT 21N
DEED TO RICK ALLEN MONROE. RECORDED IN DOG. NO.209T0124000I00W000. DEED RECORDS, GOLLIN COUNTY.
TEXAS, AND BEING MORE PARTICULARLY➢ESOMSEDAS FOH OWG:
BEGINNING AT A 172' IRON ROD FOUND IN THE WEST LINE OF H. CHURCH STREFT IAL$D KNDlNN A9 Fj L 3133j, ATTIRE
NORTHEAST CORNER OFA TRACT OF LAND DESCRIBED TN DEED TO WEI DONG AU. RECORDED IN DOC. NO.
2010100105233a, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TE](A9;
THENCE NORTH 79'49'S9- WEST, ADISTANCE OF 131,06 FEETTO A PENCE POST FOUND FORCORNER AT AN ANGLE
POINT IN THE NORTH LINE OF SAID HAGGARD TRACT;
THENCE NORTH 05'SY5TVIEST, A DISTANCE CF 109.51 FEET TO AFENCE POST FOUND FOR CORNER ATME:
NORTHWEST CORNER OF SAID XU TRACT;
THENCE SCUM 26'10116• WEST. ADISTANCE OF T02.45 FE6 W AFENCE POST FOUND FOR CORNER ATTHEWESFERN
CORNER OF SAID XU TRACT, SAME BEING ME NORTHEAST CORNER OFATRACT OF LAND DESCRIBE➢ IN DEED TO
CHARLES R. ERGHAM ET UX, SARAH T. BRIGHAM, RECORDED PI VOLUME 2473, PACE 144. UEED RECORDS, COLLIN
COUNTY, TEXAS:
THENCE NORTH 60'l4%' WELT, ALONG THE NORTH LINE OF END BRIGHAM TRACT AND ATRACT OF LAND DESCRIBED
IN DEED TO CHARLES R. BRIGHAM ET UX,SARAN J. BRIGHAM, RECORDED IN Do- NO. 931 MOS4, DEED RECORDS,
COLLIN COUNTY, TEXAS. A DISTANCE OF 376.51 FEET TO A M'IRON ROD FOUND AT THE COMMON NORTH CORNER OF
SAID BRIGHANI TRACTAND A TRACT OF LAND OESCRIBED INDEED TO SHEILA K.BROPHY, RECORDED IN DOC. NO.
02�20W 0013. DEED RECORDS. COLLIN COUNTY, TEXAS:
THENCE NORTH 79'4214' WEST, A DISTANCE OF 91A6 FEET TO A UZ IRON ROD FOUND FOR CORNER IN THE EAST LINE
OF A TRACTOFLANDOESCRIBED INDEED TO ROBERTW.FEAGAN, SR., RECCR➢ED IN DOC. NO.20110426000125f40,
OFFICIAL PUBLIC RECORDS, COLON COUNTY, TEXAS, AT THE NOIMA EST CORNER OF SAID BROPHY TRACT;
THENCE NORTH 00'36A 7' WEST, ALONG THE EAST LINE OF SAID FEAGAN TRACT, A DISTANCE OF 702.15 FEEF TO A'600-
NAIL FOUND IN A 2d' TREE, AT THE SOUTHWEST CORNER OF LOT42, BLOCK OF PECAN HOLLOW. AN AMMON TO THE
CITY OF WEsvAiNSTER, COLLIN COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECRRDED IN CAR [NET N, SLIDE
1a 1. YLAT RECORDS, COW IT
COUNTY. TEXAS,
THENCE SOUTH 73'0"E EAST. A DiSTANGE OF J55.00 FEEF TO A 315• IRON ROD FOUHD 6NTHE WEST LWE OF ATRACT
OFLANDDESCRIBED INDEED TO SHELLY A DETER, RECORDED IN DOC. NO.94.00744M, DEED RECORDS, COt M
COUNTY, TEXAS, ATTIRE SOURIPIST CORNER OF SMD LOT42;
THENCE IN A SOUTHERLY DIRECTION ALONG THE SOUTHWEST LINE OF SAID O'SIER TRACTTHE FOLLOWING FOUR(4)
COURSES AND DISTANCES:
1) SOUTH 07'4115' WEST. A DISTANCE OF 162i1 FEET TO A FENCE POST FOUND FOR COMM
2)GDDTH 5]'0721: EAST, A DISTANCE OF 24R. FEETTO A FENCE POST FOUND FOR CORNER;
3) SOUTH 01°41.51' WEST. A DISTANCE OF 243.91 FEETTO A FENCE POST FOUND FOR CORNER;
4jSOUTH 67.M'WEAST, A DISTANCE OF 67,54FEET TO AFENCEMSTFOIIND FOR CORNER ATTIRE SO1117 EST
CORNER OF SAID G W ER TRACT;
THENCE NORTH 15.OY47' EAST, ALONG THE MOST SOUTHERLY EASTMNEOF SAID O➢IER TRACT, ADISTAHCEOF
208.89 FEET TO A 1T4- IRON ROD WITH A YELLOW PLASTIC CAP STr"M-RPLS 6310' SET FOR CORNER:
THENCE SOUTH 59145VS, CAST. A visTANGE OF 69.99 FEET To A IN'IRON ROC WNH A YELLOW PLASTIC CAP STAMPED
•RPLS OIW SET IN THEW EST LINE OF SAID N. CHURCH STREET, AT THE MOST EASTERLY SOUTHEAST CCRNERCF SAID
O'BIER TRACT:
THENCE SOUTH 00"3678' WEST. ALONG THE WEST LINE OF SAID N. CHURCH STREET, A DISTANCE OF 24E.0d FEET TO
THE PLACE OF BEGINNING AND CPNTAINIHG 368.96950UARE FEET OR8 670 ACRES OF LAND,
GRAYB€LL ROAD NOTES
rl AI rdnem labeled ae SET 12' I.R. aid 12•hon rods uPh a yes— pla d rap damped
9iPL5 53t0'scltPr�arrr.
x1 A9 baaPeary bearings alw mstan�s �mx„ nemPn are mPa:Bme dowse Ptnmuese
rwtcd.
31 This d bi V y Is s„bWr, IP Ig, E RI, R.P. granted byLVeelrriPetefl'1a1ar Si,ppy,
remMed hl Vdun�e 5005, Page 2555, R.PR.G.G.T. {Anders -Nat PIPNahlaj
41 nh poi. ay1, sabaa[P ma FAs'W 9ramed 6y Vlesm4rstel"W' SP".
—S.dW Volu
me 5005, Pa 9e 2570. R.P.R.C.C.T.(Alf--Not Pbllat W)
51 Thisd. .&Iss.1, IPthe 1892. RLM .C.C.T 6yir..-i•.skrWafer Sappty.
reradedw Volume 80a], Page F692, R.PR.C.C.T.(Meoh-Nbt Pb6a1,ie)
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Item No. 5.g.
City Council Agenda
Staff Report
Meeting Date: 8/9/2016
YfOUR? HOMETOWN
AGENDAITEM:
Resolution approving Whitaker Addition Development Plat. (Maurice Schwanke)
SUMMARY:
Mr. Mike Whitaker has submitted an application for approval of a development plat of the Whitaker
Addition. The property is located within Anna's exterritorial jurisdiction on property generally known
as 1122 S. Church Street and further described as a 6.7-acre tract of land located in the John
Chambers Survey, Abstract No. A0233. The owner is proposing to build a house, workshop,
storage building and several other structures on the property.
STAFF RECOMMENDATION:
The Staff recommends approval of the plat.
ATTACHMENTS:
Description
Resolution
Exhibit 1 Whitaker Development Plat
Location Map
Upload Date
Type
8/3/2016
Resolution
8/1 /2016
Exhibit
8/1 /2016
Backup Material
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A DEVELOPMENT PLAT
OF THE WHITAKER ADDITION
WHEREAS, in order to provide for the orderly development of land within the Anna city limits
and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council")
has adopted Part III -A of the Anna City Code of Ordinances ("Subdivision Regulations"); and
WHEREAS, Mike Whitaker has submitted an application for approval of a development plat
of the Whitaker Addition.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Approval of Development Plat
The City Council hereby approves the development plat of the Whitaker Addition, attached
hereto as Exhibit 1.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 9t", day
of August, 2016.
ATTEST:
APPROVED:
City Secretary, Carrie L. Smith Mayor, Mike Crist
FH 2O62
HOUSTON
AUSTIN
HROADWAY
BAILEY
w
�
ITE
TOWN OF
WESTMINSTER
CHURCH
�A
4�`eSf'
VICINITY MAP
1' = 1000'
1
I
CLERK'S FILE NO, I
20151202001507160
1
�S899450'16' E P26Bf
6.700 ACRES
CLERK'S FILE N0.
201104120003H0990
AERIAL
I1'PlA
=237.6'
24'29' W 150.80'
P.K. NAIL SET
VOLURE 661
SDUTHEgST WRNER PAGE 102
7.250 ACRE TRACT
LEGEND
0 POWER POLE
—eX— FENCE
O DENOTES A 1/2—INCH IRON PIN SET
UNLESS OTHERWISE NOTED
® PHONE CABLE HOX
WORKSHOP
VOLUNE 1016
PAGE 209
pESCRIPTION 0.700 ACRE$ insured
SRUATmb tde County,Taus, In Me John Chalmers Survey,
TCHold No. 233, beingssarv0damal
of Me 28.0)9 eae tract ded In w4 in a dead ONfmm Tommy J. Johnson b UTC Holdings and Flnance, Inc., tlaby
January 11, 200s, recoNa In vaume 6003, page2397 aUm Cafin Counrytleetl recoNs, bangtlescdbea by
me enab NIN at a RK.:
BEGINNING at a P.K. nails et atCthesouMeaa comer of IM1e ]259acre treerecoaea at Gents file no.
20110412000E MM same banga Chumthe east( line of said 7ved mad);
THENCE NOM0 In all,
•East,ast the east line of pin et at ambient.passing
comae%'id7 non pinset a
30.0 feetand E South 'all,Vpostfeet toamdtW imppin sat alinemin Me tcomarofsaid MA7eve VeN,
THENCE South 89.50'ifi• East, 52fi.2Bfeet b e ••/n'ncM1 imn pin sa in Me east line of said 28.8]9 am
Van THENCE South W449 4• West, with the east line ofsald 28,879 acmbact. passion a Y Tcli imn on sG
of 555.90 feat and continuing In all, 587.90 feet to a poll[ In said Church Sheet at Ma southeast central said
28.8>9 aua ana
THENCEwestedywhin sold Church Street and with Me spelt line of said 28.879 was and as Islands:
North 89 ONI' West. 357.00 beetle a rung nail set;
NoM 8902479• West, 150.80 feet to Me P1ACE OF BEGINNING and conMining 6.700ao'es.
Theabove plat
latleibedkaGwasson Ito ground antl undermysupardsbn.
OMcavrodrp«nr'lebaon ApO128, 2pi5
DevGaprrent plattlam: duty 28, 2016016
mre Geet Renlstemtl Professional land Surveyor, No. 4117
1101 W.Ilnlvsndy Ddve(U. S. Highway 3M)
McKinney, Tawas 76069
W26623959
9>2L42d]51-(ax
Aocwtling to FEM4 map no.IBOB5C0180.1, tlated B-2-211W Me above tlescdbetl VeUof IarA Ia lain Me IN
yearflootl plain.
Beadcg bash: Soaham west line of28.879 acre Imalreemaed In wdume 6083, NN239]:
Controlling monuments: 314-inch No pipefound at bent end and 3144nrn No followed at lha south end of said
beadngba la ine;
Due to Mlckwoods, teem maybe items an Ore above Eescdbed pmpeM Mat were matseen during
CLERK'S FILE NO, this survey and therefom am nashown an Mis survaymap.
20I503tl000262650
OUNO
N➢ERGRPHONE LINE RUNS
NEAR POWER LINE
LT RDA➢
HURCH STREET
12A'
POWER
100
0
100
200
Scole�
I'
= 100'
FlRM: BRUCE OE104, SURVEYOR
FlRM RE(HSRNTION / 101507-00
SHE ADDRESS: 1122 S. CHURCH STREET
ANNr� TEXAS. 75409
OWNER: MIKE WHRANER
P.O. BOX H39
WESIMINSIER, TIXAS 75485
SURVEYOR: BRUCE G@L R.P.LS, N0, 4117
1101 W. UNIVERSITY DRNE '
MCKINNEY, TEXAS 75069
PHONE 972-66
FAX 972-542-57516751
1 1'
WHITAKR •
ADDITION
CrrY OF ANNA
700 ALCM OF LAND LOCATED I IN THIS
SHEET 1 OF 1
0
L'
4 L
LHIIE F-111,1-71
HHEHoREH 0/:7:!_ (526
424
r:.
I
Item No. 5.h.
City Council Agenda
Staff Report
Meeting Date: 8/9/2016
YOUR) HOMETOWN
AGENDAITEM:
Resolution approving Anna ISD High School Sports Facilities Site Plan. (Maurice Schwanke)
SUMMARY:
Anna ISD has submitted a site plan for the construction of 8 new tennis courts, one softball field
and one baseball field to be located at the high school (1107 Rosamond Pkwy). Parking for these
new facilities has already been constructed with the existing High School.
The Planning and Zoning Commission has recommended approval of this site plan.
STAFF RECOMMENDATION:
Staff recommends approval of this site plan.
ATTACHMENTS:
Description
Resolution
Exhibit 1, Site Plan
Location Map
Upload Date Type
8/4/2016 Resolution
8/1 /2016 Exhibit
8/1 /2016 Backup Material
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A SITE PLAN OF ANNA
ISD HIGH SCHOOL SPORTS FACILITIES
WHEREAS, in order to provide for the orderly development of land within the Anna city limits,
the City Council of the City of Anna, Texas (the "City Council") has adopted Part III -A
(Subdivision Regulations) and Part III-C (Zoning Ordinances) of the Anna City Code of
Ordinances; and
WHEREAS, Anna ISD has submitted an application for approval of a site plan of the Anna
ISD High School Sports facilities that include 8 tennis courts, one softball field and one
baseball field;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Approval of Site Plan
The City Council hereby approves the site plan of the Anna ISD High School Sports Facilities
attached hereto as Exhibit 1 subject to the following condition:
a) The storm water collection and conveyance system shall comply with all the
requirements in the Anna City Code, Part III -A (Subdivision Regulations), Article 3,
Section 11.
b) The property owner shall furnish the City with a letter signed by a Texas Professional
Engineer stating that the development as designed will not damage downstream
property due to the development's impact on off -site drainage.
c) Construction of the facilities shown on the site plan shall comply all other applicable
City development regulations.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 91h, day
of August, 2016.
ATTEST: APPROVED:
Carrie L. Smith, City Secretary Mayor, Mike Crist
NOTE:
1. MOISTURE CONDITION AND COMPACT SUBGRADE
5'
BEYOND THE FIELDS, BUILDING, COURTS AND WALKS.
2. PROVIDE SIGNS FOR ADA COMPLIANT PARKING
SPACES.
3. PROVIDE ADDITIONAL LED SECURITY LIGHTS,
LIGHTING AT BULLPENS, BATTING CAGE AND IN
DUGOUT STORAGE.
4. PROVIDE NEW PA SYSTEM WITH SPEAKERS
MOUNTED TO PRESS BOX FOR EACH FIELD.
GREEN TURF AREA BB FIELD 100,979 SO FT
TERRA COTTA TURF AREA BB FIELD 19,780 SO
FT
CLAY AREA BB FIELD - 667 SO FT
12"X6" CONC. CURB PERIMETER BB FIELD = 1,381
LF
GREEN TURF AREA SB FIELD = 29,363 SO FT
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Item No. 5.i.
City Council Agenda
Staff Report
Meeting Date: 8/9/2016
YOUR) HOMETOWN
AGENDAITEM:
Resolution approving Sweetwater Crossing Phase 2 Preliminary Plat. (Maurice Schwanke)
SUMMARY:
Mr. Alan Hashem has submitted an application for approval of a preliminary plat of Sweetwater
Crossing, Phase 2. The property has been previously platted, however, the infrastructure was not
designed or built for this second phase. The owner/developer is proposing to create 88 single
family lots that slightly modify the existing lot pattern while still meeting the PD zoning standards
for the tract. The existing lift station servicing Phases 1 and 2, and a commercial tract of
Sweetwater Crossing will need be upgraded as part of this development.
The Planning and Zoning Commission has recommended approval of this preliminary plat.
STAFF RECOMMENDATION:
Staff recommends approval of this preliminary plat.
ATTACHMENTS:
Description
Resolution
Exhibit 1, Sweetwater Crossing Ph. I I Preliminary Plat
Location Map
Upload Date
Type
8/4/2016
Resolution
8/3/2016
Exhibit
8/2/2016
Backup Material
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A PRELIMINARY PLAT
OF SWEETWATER CROSSING PH 2.
WHEREAS, in order to provide for the orderly development of land within the Anna city limits
and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council")
has adopted Part III -A of the Anna City Code of Ordinances ("Subdivision Regulations"); and
WHEREAS, Alan Hashem has submitted an application for approval of a preliminary plat of
the Sweetwater Crossing PH 2 Subdivision; and
WHEREAS, as part of this development project, the owner is required to upgrade the existing
lift station and force main (if necessary) in accordance with TCEQ and City of Anna
regulations to provide wastewater service for the Sweetwater Crossing development
consisting of Phase I, and Phase II, and the Commercial Tract Lot 39, Block F.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Approval of Preliminary Plat
The City Council hereby approves the preliminary plat of Sweetwater Crossing PH 2 attached
hereto as Exhibit 1.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 9t", day
of August, 2016.
ATTEST: APPROVED:
City Secretary, Carrie L. Smith Mayor, Mike Crist
MINI TY MAP
NOT TO SCALE
N
LEGEND
112"IRS
IRON ROD SET
1/2" IRF
IRON ROD FOUND
BL
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UE
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DE
DRAINAGE EASEMENT
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RIGHT OF -WAY
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SIDEWALK EASEMENT
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SSE
SANI TAR Y SEWER EA SEMEN T
WME
WALL MAINTENANCE EASEMENT
HOA
HOMEOWNER'S ASSOCIA TION
SB
STREET BARRICADE
0 60 120
VA
VISIBILITY, ACCESS AND
MAINTENANCE EASEMENT
♦
STREET NAME CHANGE INDICA TOR
SCALE IN FEET
Owner's Certificate
City of Anna
State of Texasj
County of Collin
ALADDIN & JASMINE TRADING CO.
is the Owner of Lots 8-27, Block B, Lots 8-20, Block C, Lots 11-34, Block D, Lots 1-20, Block E, and Lots 1-7, Block F of the
Sweetwater Crossing Addition, recorded in Volume R, Page 197 of the Official Public Records of Collin County, Texas, and being situated in the J.C. Brantley Survey,
Abstract No. 114, and being in the City of Anna, Collin County, Texas, and being more particularly described as follows. -
BEGINNING at a 112" iron rod set at the northwest corner of Lot 10, Block D of said Sweetwater Crossing Addition, and being in the east line of White Rock (50' ROW);
THENCE: North 00° 48' 29" East,
along said Easterly ROW line, a distance of 115.58 feet to a 112" iron rod set for a corner.
THENCE: North 00° 48' 29" East,
continuing along said Easterly ROW line, a distance of 50.0 feet to a 112" iron rod set for a corner.
THENCE: North 00° 48' 29" East,
continuing along said Easterly ROW line, a distance of J57.16 feet to a 112" iron rod set for a corner.
THENCE: South 89° 11' 31" East,
along said Southerly ROW line, a distance of 10.50 feet to a 112" iron rod set for a corner.
THENCE.- North 00' 48' 29" East,
a distance of 50.00 feet to a 112" iron rod set for a corner.
THENCE.- North 89' 11' 31" West,
along said Northerly ROW line, a distance of 17.92 feet to a 112" iron rod found for a corner.
THENCE: North 00' 48' 29" East,
a distance of 120.0 feet to a 112" iron rod set for a corner, said point being the Northeast corner of Lot 8, Block F of said
Sweetwater Crossing Addition.
THENCE.- South 89' 11' 31" East,
a distance of 429.0 feet to a 112" iron rod set for a corner.
THENCE: South 89' 11' 31" East,
a distance of 50.0 feet to a 112" iron rod set for a corner.
THENCE: South 89' 11' 31" East,
a distance of 1110.45 feet to a 112" iron rod set for a corner, said point being the Northeast corner of Lot 13, Block B of said
Sweetwater Crossing Addition.
THENCE: South 02' 29' 42" West,
a distance of 394.06 feet to a 112" iron rod set for a corner, said point being the Northeast corner of Lot 7, Block B of said
Sweetwater Crossing Addition.
THENCE.- North 87' JO' 18" West,
a distance of 120.0 feet to a 112" iron rod set for a corner.
THENCE: North 87' JO, 18" West,
a distance of 50.00 feet to a 112" iron rod set for a corner.
THENCE: North 02° 29' 42" East,
a distance of 98.93 feet to a 112" iron rod set for a corner.
THENCE: North 89° 11' 31" West,
a distance of 300.54 feet to a 112" iron rod set for a corner.
THENCE: South 28' 39' JO" West,
a distance of 588.56 feet to a 112" iron rod set for a corner.
THENCE: North 89° 21' 14" West,
a distance of 120.69 feet to a 112" iron rod found for a corner.
THENCE.- Along the arc of said curve and along said Easterly ROW line, an arc distance of 11.08 feet and chord bearing of South 02' 56' 17" West, a distance of 11.08
feet to a 112" iron rod set for a corner.
THENCE: North 89° 17' 41 " West,
a distance of 50.09 feet to a 112" iron rod set for a corner.
THENCE: Along the arc of said curve and along said Easterly ROW line, on arc distance of 113.91 feet and chord bearing of South 16' 11' 28" West, a distance of
113.01 feet to a 112" iron rod set for a corner.
THENCE: North 89' 21' 14" West,
a distance of 687.52 feet to the POINT OF BEGINNING and containing 897,876 sq. feet or 20.61 acres of land, save and except
179,711 sq. feet or 4.13 acres of dedicated Right of Way, for a total area of 718,165 sq. feet or 16.48 acres, more or less.
OWNERS DEDICA TION
NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS:
THAT ALADDIN & JASMINE TRADING CO., DOES HEREBY ADOPT THIS PLAT, DESIGNATING THE HEREIN DESCRIBED PROPERTY AS SWEETWATER CROSSING PHASE A AN
ADDITION TO THE CITY OF ANNA, COLLIN COUNTY, TEXAS AND DO HEREBY DEDICATE, IN FEE SIMPLE, TO THE PUBLIC USE FOREVER ANY STREETS, ALLEYS, AND FLOODWAY
MANAGEMENT AREAS SHOWN THEREON, THE EASEMENTS SHOWN THEREON ARE HEREBY RESERVED FOR THE PURPOSES INDICATED. THE UTILITY AND FIRE LANE
EASEMENTS SHALL BE OPEN TO THE GENERAL PUBLIC, FIRE AND POLICE UNITS, AND GARBAGE AND RUBBISH COLLECTION AGENCIES, AND ALL PUBLIC AND PRIVATE
UTILITIES FOR EACH PARTICULAR USE. THE MAINTENANCE OF PAVING ON THE UTILITY AND FIRE LANE EASEMENTS IS THE RESPONSIBILITY OF THE PROPERTY OWNER. NO
BUILDINGS, FENCES, TREES, SHRUBS OR OTHER IMPROVEMENTS OF GROWTHS SHALL BE CONSTRUCTED, RECONSTRUCTED OR PLACED UPON, OVER AND ACROSS THE
EASEMENT AS SHOWN SAID EASEMENTS BEING HEREBY RESERVED FOR THE MUTUAL USE AND ACCOMMODATION OF ALL PUBLIC UTILITIES USING OR DESIRING TO USE THE
SAME. ALL AND ANY PUBLIC UTILITY SHALL HAVE THE RIGHT TO REMOVE AND KEEP REMOVED ALL OR PARTS OF ANY BUILDING, FENCES, TREES, SHRUBS OR OTHER
IMPROVEMENTS OR GROWTHS WHICH IN ANY WAY ENDANGER OR INTERFERE WITH THE CONSTRUCTION, MAINTENANCE OR EFFICIENCY OF ITS RESPECTIVE SYSTEM ON THE
EASEMENTS AND ALL PUBLIC UTILITIES SHALL AT ALL TIMES HAVE THE FULL RIGHT OF INGRESS AND EGRESS TO OR FROM AND UPON THE SAID EASEMENTS FOR THE
PURPOSE OF CONSTRUCTING, RECONSTRUCTING, INSPECTING, PATROLLING, MAINTAINING AND ADDING TO OR REMOVING ALL OR PART OF ITS RESPECTIVE SYSTEMS, WITHOUT
THE NECESSITY, AT ANY TIME, OF PROCURING THE PERMISSION OF ANYONE, AND ANY PUBLIC UTILITY SHALL HAVE THE RIGHT OF INGRESS AND EGRESS TO PRIVATE
PROPERTY FOR THE PURPOSE OF READING METERS AND MAINTENANCE AND SERVICE REQUIRED OR ORDINARIL Y PERFORMED BY THE UTILI TY.
THIS PLAT IS APPROVED SUBJECT TO ALL PLATTING ORDNANCES, RULES, REGULATIONS, AND RESOLUTIONS OF THE CITY OF ANNA, TEXAS
WITNESS MY HAND A T DALLAS, TEXAS, THIS THE DAY OF 2016.
AGENT FOR ALADDIN & JASMINE TRADING CO.
STATE OF TEXAS.
COUNTY OF DALLAS:
BEFORE ME, THE UNDERSIGNED AUTHORITY, A NOTARY PUBLIC IN AND FOR DALLAS COUNTY, TEXAS, ON THIS DAY PERSONALLY APPEARED, KNOWN TO
ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSE AND
CONSIDERATIONS THEREIN. GIVEN UNDER MY HAND AND SEAL OF THIS OFFICE THE DAY OF . 2016.
NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS
SURVEYORS CERTOCA TE
1, LOUIS SALCEDO, A REGISTERED PROFESSIONAL LAND SURVEYOR, LICENSED BY THE STATE OF TEXAS, AFFIRM THAT THIS PLAT WAS PREPARED UNDER
MY DIRECT SUPERVISION, FROM RECORDED DOCUMENTA TION, EVIDENCE COLLECTED ON THE GROUND DURING FIELD OPERATIONS AND OTHER RELIABLE
DOCUMENTA TION; AND THA T THIS PLA T SUBSTANTIALL Y COMPLIES WITH THE RULES AND REGULA TIONS OF THE TEXAS BOARD OF PROFESSIONAL LAND
SUR VEY/NG, AND TEXA S L OCAL GO VERNMEN T CODE, CHAP TER 212. / FUR THER AFFIRM THA T MONUMEN TA TION SHOWN HEREON WA S E/ THER FOUND OR
PLACED IN COMPLIANCE WI TH THE Cl TY OF ANNA DEVELOPMENT CODE; AND THA T THE DIGI TA DRAWING FILE ACCOMPANYING THIS PLA T IS A PRECISE
REPRESENTA TION OF THIS SIGNED FINAL PLAT
PRELIM/NARY - THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE
AND SHALL NOT BE USED OR VIEWED OR RELIED UPON AS A FINAL SURVEY DOCUMENT.
LOUIS M. SALCEDO
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5664
DA TE
STATE OF TEXAS
COUNTY OF DALLAS:
BEFORE ME, THE UNDERSIGNED AUTHORITY, A NOTARY PUBLIC IN AND FOR DALLAS COUNTY, TEXAS, ON THIS DAY PERSONALLY APPEARED KNOWN TO
ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSE AND
CONSIDERA TIONS THEREIN. GI VEN UNDER M Y HAND AND SEAL OF THIS OFFICE THE DAY OF 2016.
Johnson David Dwayne & Nely C Donald B. Braley &
Nicid Limited Partnership Instr. # 20150608060677490 Wife, Nova P. Braley
Instr. # 0033999 S 897131" E C.L. Oncor Gas Line Vol. 713,, Pg. 64
Vol. 5878 Pg. 4689 S 897131" E 50.00' 15' DE &SSE S 8971'31" E Vol. 269, P 30' Drainage Easement
W NS 429.00' 1110.43' g• 331
WNS 1j2' N 89 °1131 " W 1589.43'
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/ Instr
F F 5 F S. h 7, 560 S F / �I
N 15 e5 e5 x teV [,2-� eO0 50.77 Acres / 5 I10150130000107740
0 1 0 Pit 111 Pe o m 000 c�e� 0. 77 Acres
0 0 1 0 7 1 7 P ,�, Q' QD' ?q o' tiBlock D Q. ,�
O h Hull Trenton Joseph & r
p 51 op Ox 0 Ox 0 op O, x0 / 7..69 32 000 / Amber
2 I 0 n 0. 21 7,, 200 S F / yQ �o / emek c, sot 25-
25' BL Block E / h / 7,200 SF 0 17 Acres // ^� �° / 12 `V ��� // zOl4 1-tr 54610 / Block B
25'x25'VAM I / � � 0.77 Acres .4V / 7,560 SF / 25 / 6
33 1�. .7b - 7�1 - - 6�4�' 576 - - - - - - - - x?000 �^� �^O ?boo' / 0.17 Acres / /
O 0
N 00 4829" E 29.81' 9.39' BRIAR COVE 10' UE p 11.33' �� 20 7.69' h �7, 20035 F. F/ / �/ xp000 ���� P // 7 ( 29 1
0.00' C3 _ _ N 8921'14" W Q 7,222 S.F. 0,17 Acres / 11 �O // I Block C I
Lr)0.17 Acres O' 7 5
L28 r2 1.42' 10' UE 397.80' S 560 S F. / / Simmons Asir &taro
0.21' ?o h' / 0.17 Acres / �h /
36.61' h S6 Oo. �j O/y Block c, cot 26
83 -�- -�- ��' - ��' - -��' - - \ C1 1� >> �o�o h� 34Q zolaliiiooLsaolo i/ 1------� ---
25"x25"VAM 1 4' A -
I � I 25' B.L. � 19 � 7,200 SF � `� EI � �------
34 0.77 Acres
W / / 7,560 S. F / ��e / I O
12 13 14 15 16 70,070 SF ssx� / 077 Acres /W I 4 S' Utility Esmt.
I m 11 d o 0 o b 17 18 9.04' o� , / / / O
o 0 0 o p F o F o Q23 Acres o cj
o h l o F o p 5 5 0 0' S F G / Q)
" F p s F 5�5 N 0 e p 0 e 5 9 00 0o Q yI
00 0 tee z P00 PV�e 00 S c7e� 00 Pepe 1 �01 Pe N 1 �01 Ve 0 5 to o x 1 Pete o 35 / l0A// 27 28
o z 0 P 1, 1 P 0 c o 00 9,573 SF / / /
35 �I 11' z0 Ox 1, x1 10x 0 0 1 T1 P 01 �Qry 0.22 Acres 7,560 S.F 37 � I o
0.77 Acres
10 0 Block D 5182 0 Block D / /
�I 1�.� I 652T 00" 0.00' 00' 0' 60.00' 6. 0' 95i 30.86'
-- m1 5186 5185 5184 N 8921'14' 687.52' 5181 1A.M 9
5183 Block D Chuckle & Theresa Q� 7,,560 SF / Block C
Hubbard Patrick R & Poroth Lawrence Lothenore Bobby & KG) Azores Augusto M & AnthonyCrystal & Scot Su Jion & Shan shoo y W'alther Dillon Joel 0. 17 Acres /
- - Susan H Garcia Keenan L y Ys 9 Gal/ahue-Ely / /
& Jocy Francis Isobel F Azores gethe Ingrid & Harriso Kromer 2hon Block D, Lot 1 2
Block D, Lot 9 9 Block D, Lot 2 N /�Q / 7
Block st Lot 10 Block D, Lot 8 Block D, Lot 7 Block D, Lot 6 Block D, Lot 5 Block D, Lot 4 Block D, Lot 3 /nstr J/ / 61.
/nstr /! /nstr f/ ?o• I
/nstr J/ Instr ,� Instr J/ Instr ,f /nstr J{ Instr if Instr i< 20131219001663920 20720823001049140 / .%e � / Dunocusky Ash/ey 1 • Know what's below.
20141103001200870
20140925001040790 10150601000651420 20130925001340780
Point Of Beginning 20160316000312540 20160308000278780 20100318000260710 20130531000750760 C�- �Jo ly / Block C, Lot 7 6 I
10 9 8 7 6 5 4 3 2 v l 8 00• / 20140115000Instr 044220 Cal before you dig.
70, 228 S F
R=261. 9' V 25k250.24 Acres �� 5 4 3 2 1
L-- -- 10' C. Easement PHASE I L=113.91 `� �7 VAM 5' B.L. / I 7
------------ _ ----
--------- a2435�7"" --1/?''IPS � �----- -_ � / 70'GCEC. Easement 1
4 LT-- - Q - /- - - --- -- - /�-------------- ------ --j
CB=S 1671=28 VY
ELM GRO VE- Chord=113.01' N 897741" W 5194 1 / // I' - - SAN. SEW. ESMT
- - - - - - - 50.09' 1/YMrF LN 89204" Wt f/ - - - - - -\\- - - - - - -
I R=211.74' 120.69' `
38 ---- - L11.o8'- - - - - - t /P -// - - - 5179
I
10' .C.EC. Easement CB=S 256'17" W
Chord=11.08'
21 20 19
7-
is /
FLOOD STATEMENT- According to Community Panel No. 4808CO160J, dated June 2, 2009 of the CAUTION". V NOTE..
Federal Emergency Management Agency, National Flood Insurance Program map, this property is within UNDERGROUND ATMOS ENERGY PIPELINE CONTRACTOR SHALL VERIFY LOCATION OF
p CROSSING BLOCKS A, B, And C. PRELIMINARY P LAT
Flood Zone "X'; which is not a special flood hazard area. NO FENCES WILL BE ALLOWED INSIDE OR EXISTING WATER AND WASTEWATER SERVICE CONTRACTOR IS TO VERIFY
Owner's Certificate TO CROSS ATOMS ENERGY GAS EASEMENT LINES PRIOR TO EXCAVATION. CONTRACTOR PRESENCE AND EXACT
IT this site is not within an identified special flood hazard area, this flood statement does not Imply LOCATION OF ALL UTILITIES
that the property and/or structures thereon will be free from flooding or flood damage. On rare
occasions, greater floods can and will occur and flood heights may be increased by man-made or
natural causes. This statement shall not create liability on the part of the Surveyor.
GENERAL NOTES:
1. BASIS OF BEARING: NA 198J STA TE PLANE COORDINA TES, TEXAS NORTH
CENTRAL (4202). GEODETIC BEARING ESTABLISHED BY GPS MEASUREMENTS
TAKEN ON 2112116. SOLUTIONS HAVE BEEN CALCULATED BY THE NATIONAL
GEODETIC SURVEY, OPUS WEBSITE.
2. NO LOT TO LOT DRAINAGE WITHOUT ENGINEERING APPROVAL.
NOTE.' I 1/Z
OWNER WILL UPGRADE THE EXISTING LIFT STATION
AND FORCE MAIN (IF NECESSARY) IN ACCORDANCE WITH
TCEQ REQUIREMENTS TO PROVIDE WASTEWATER SERVICE'
FOR SWEETWATER CROSSING PLAN DEVELOPMENT
CONSISTING OF PHASE I, PHASE II AND COMMERCIAL
TRACT LOT 39, BLOCK F.
NOTE- " L
OWNER WILL BUILD A DETENTION POND TO CONTROL
STORM WATER RUNOFF FOR BOTH PHASES OF
SWEETWATER CROSSING PLAN DEVELOPMENT.
OWNER TO SETUP HOMEOWNER'S ASSOCIATION FOR
MANAGEMENT AND MAINTINANCE OF THE DETENTION
POND EASEMENT.
--- -----
- --
---
10'
C.EC. Easemen
77
10
0 7
City of Anna SHALL RECONNECT EXISTING WATER AND RUCTION.
N COST
State of Texas WASTEWATER SERVICE LINES AS NECESSARY PRIOR TTO TO CONSTRUCTION.
County of Collin
ALADDIN & JASMINE TRADING CO. is the Owner of Lots 8-27, Block B, Lots 8-20, Block C, Lots 11-34, Block D, Lots 1-20, Block E, and Lots 1-7,
Block F of the Sweetwater Crossing Addition, recorded in Volume R, Page 197 of the Official Public Records of Collin County, Texas, and being
situated in the J.C. Brantley Survey, Abstract No. 114, and being in the City of Anna, Collin County, Texas.
Line Table
Line #
Length
Direction
L 1
135.72
N 2839 30" E
L2
120. DO
N 00 4829" E
L3
112.99
N 004829" E
L 4
153. 96
N 39 08'07" E
L5
111.67
S 835750" W
L6
141.80
N 75 26 29" W
L7
120.69
N 8921'14" W
L8
52.95
N 16 0821 " E
L9
13221
N 754755" W
L 10
122. 79
S 2132 28" E
L 11
65.50
S 89 °11 Jl " E
L 12
67.00
S 89 °1131 " E
L13
2.64
S 003846" W
L 14
128.32
S 3020 52" E
L 15
48.71
N 00 4829" E
L 16
142.50
N 89 °11 Jl " W
L 17
101.66
S 67°57'02" E
Line Table
Line #
Length
Direction
L18
112.66
N 220629" W
L 19
11 J 05
N 2314327" E
L20
121.66
S 6934 00" W
L21
117.88
N 8971 Jl " W
L22
120. 00
S 897131 " E
L23
120.00
S 89'1131 " E
L24
120.00
S 8971 JI " E
L25
58.70
S 112842" E
L26
116.94
N 00 4829" E
L27
24.18
N 00'4829" E
L28
24.93
N 8921'14" W
L29
25.00
N 0014829" E
L30
120.00
S 004829" W
L31
120.00
S 00 4829" W
L32
17.50
S 302052" E
L33
T21,5J
S 4639 05" W
Curve Toble
Curve #
Length
Radius
Delta
Chord Bearing
Chord
Cl
110.98
228.31
0275101 "
N 14 4359" E
109.89
C2
33.28
250.00
0073736"
S 86 49 58" W
33.25
C3
33.28
250.00
00737 36"
N 86 49 58" E
33.25
C4
101.71
236.74
024 36 56"
S 16 21 '02" W
100.93
C5
97.22
200.00
0275101 "
N 14 4359" E
96.26
C6
261.80
50.00
300 00'00"
N 897131 " E
50.00
C7
118.44
50.00
1354339"
N 5939'08" E
92.63
C8
144.36
50.00
1652536"
N 432054" W
99.19
HORIZONTAL & IvER77CAL CONTROL
Point #
Description
Northing
Easting
Elevation
5179
ipf
7184974.88
2566461.09
707.64
5181
irf/12
7185154.69
2565300.36
721.36
5182
irf/12
7185155.34
2565239.33
721.78
5183
irf/12
7185156.47
2565178.20
721.46
5184
irf/12
7185156.94
2565117.40
721.84
5185
irf/12
7185157.64
2565056.JO
722.49
5186
irf/12
7185158.55
2564995.32
722.56
5187
irf/12
7185732.04
2564908.15
719.53
5194
irf/12
7185031.39
2565612.70
715.95
5195
F fx
7185422.12
2566310.90
706.39
CAUTION///
UNDERGROUND AND OVERHEA
U77LMES IN AREA
CONTACT DIGTESS 1-800-DIGTESS
(1-800-344-8377)
FOR GAS, TELEPHONE, ELECTRIC
AND OTHER RELEVANT AUTHORITIES
AT LEAST 48 HOURS PRIOR TO
BEGINNING CONSTRUCTION.
SUR VEYOR
SALCEDO GROUP, INC.
110 SW 2nd Street
GRAND PRAIRIE, TEXAS 75050
(274) 412-3122
0 WNER
ALAN HASHEM
ALADDIN do JASMINE TRADING CO.
5960 W. PARKER ROAD, SUITE 278
PLANO, TEXAS 75093
(469) 855-3900
SWEETWATER CROSSING PHASE II
88 LOTS (20.61 acres)
LOTS 8-27, BLOCK B
LOTS 89 99 10A9 10139 11-20, BLOCK C
LOTS 1 1-35, BLOCK D
LOTS 1-22, BLOCK E
LOTS 1-79 BLOCK F
A REPLA T OF
SWEETWATER CROSSING ADDITION
VOLUME R, PAGE 197
OFFICIAL PUBLIC RECORDS COLLIN COUNTY, TEXAS
L 0 TS 8-27, BLOCK B
L 0 TS 8-20, BLOCK C
LOTS 11-34, BLOCK D
L 0 TS 1-20, BLOCK E
LOTS 1-7, BLOCK F
J.C. BRANTLEY SURVEY, ABSTRACT NO. 114
IN THE
CITY OF ANNA, COLLIN COUNTY, TEXAS
SGISALCEDO GROUP, INC.
110 SW 2ND STREET
GRAND PRAIRIE, TX 75050
Salcedo Group, Inc. PHONE: (214)-412-3122
Texas P.E. F-5482 Texas TBPLS Firm License 10070800
ITE
0
ELM
7
42
2862
Item No. 5.j.
City Council Agenda
Staff Report
Meeting Date: 8/9/2016
YOUR) HOMETOWN
AGENDAITEM:
Resolution approving an amendment to the Anna Economic Development Corporation FY 2016
Budget. (Jessica Perkins)
SUMMARY:
The City's economic development corporations have negotiated a contract to purchase an 85-
acre tract of land generally located at the Northeast corner of SH 5 (Powell Parkway) and the Collin
County Outer Loop. The proposed financing plan includes cash investments by the Anna
Community Development Corporation (CDC) and the Anna Economic Development Corporation
(EDC) as well as issuance by the CDC of sales tax revenue bonds for the remainder of the
purchase price. The attached Resolution amends the EDC FY 2016 budget by authorizing the
expenditure of $725,000 as part of the down payment on the purchase of the land.
STAFF RECOMMENDATION:
Staff recommends approval of the attached Resolution and budget amendment.
ATTACHMENTS:
Description Upload Date Type
EDC BudgetAmendment Resolution 8/2/2016 Resolution
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS
APPROVING AN AMENDMENT TO THE ANNA ECONOMIC DEVELOPMENT
CORPORATION FY 2015-2016 BUDGET
WHEREAS, the Anna Community Development Corporation ("CDC") and the Anna
Economic Development Corporation ("EDC") have negotiated a contract to purchase an
85-acre tract of land generally located at the Northeast corner of SH 5 (Powell Parkway)
and the Collin County Outer Loop; and
WHEREAS, on July 7, 2015 the EDC voted to amend the FY 2015-2016 Budget to
authorize the expenditure of $725,000 as part of the down payment on the purchase of
the land;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Approval of Budget Amendment
The City Council of the City of Anna, Texas hereby approves an amendment to the
Anna Economic Development Corporation FY 2015-2016 Budget attached hereto as
Exhibit A.
PASSED AND APPROVED by the City Council of the City of Anna this 9t" day of
August, 2016.
ATTEST:
APPROVED:
City Secretary, Carrie L. Smith Mayor, Mike Crist
City Council of ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 2
EDC
EXHIBIT A
Down Payment on Land for Business Park Capital Expenditure
$100,000 $ 725,000
City Council of ANNA, TEXAS RESOLUTION NO. PAGE 2 OF 2
25,000
Item No. 5.k.
City Council Agenda
Staff Report
Meeting Date: 8/9/2016
YOUR) HOMETOWN
AGENDAITEM:
Resolution approving an amendment the Anna Community Development Corporation FY 2016
Budget. (Jessica Perkins)
SUMMARY:
The City's economic development corporations have negotiated a contract to purchase an 85-
acre tract of land generally located at the Northeast corner of SH 5 (Powell Parkway) and the Collin
County Outer Loop. The proposed financing plan includes cash investments by the Anna
Community Development Corporation (CDC) and the Anna Economic Development Corporation
(EDC) as well as issuance by the CDC of sales tax revenue bonds for the remainder of the
purchase price. The attached Resolution amends the CDC FY 2016 budget by authorizing the
expenditure of $375,000 as part of the down payment on the purchase of the land.
STAFF RECOMMENDATION:
Staff recommends approval of the attached Resolution and budget amendment.
ATTACHMENTS:
Description Upload Date Type
CDC Budget Amendment Resolution 8/2/2016 Resolution
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS
APPROVING AN AMENDMENT TO THE ANNA COMMUNITY DEVELOPMENT
CORPORATION FY 2015-2016 BUDGET
WHEREAS, the Anna Community Development Corporation ("CDC") and the Anna
Economic Development Corporation ("EDC") have negotiated a contract to purchase an
85-acre tract of land generally located at the Northeast corner of SH 5 (Powell Parkway)
and the Collin County Outer Loop; and
WHEREAS, on July 7, 2015 the CDC voted to amend the FY 2015-2016 Budget to
authorize the expenditure of $375,000 as part of the down payment on the purchase of
the land;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Approval of Budget Amendment
The City Council of the City of Anna, Texas hereby approves an amendment to the
Anna Community Development Corporation FY 2015-2016 Budget attached hereto as
Fxhihit A
PASSED AND APPROVED by the City Council of the City of Anna this 9t" day of
August, 2016.
ATTEST: APPROVED:
City Secretary, Carrie L. Smith Mayor, Mike Crist
City Council of ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 2
CDC
EXHIBIT A
Down Payment on Land for Business Park Capital Expenditure
$60,000 $ 375,000
City Council of ANNA, TEXAS RESOLUTION NO. PAGE 2 OF 2
435,000
I
Item No. 5.1.
City Council Agenda
Staff Report
Meeting Date: 8/9/2016
y{OUR) HOMETOWN
AGENDAITEM:
Ordinance approving an amendment to Part 11, Article 3, Section 2 of the Anna City Code of
Ordinances regarding fees for processing TABC applications for alcohol permits. (Clark McCoy)
SUMMARY:
In Texas, establishments desiring to sell alcoholic beverages are required to apply for and obtain
permits from the Texas Alcoholic Beverage Commission (TABC). Before TABC approves an
application, it is reviewed by local authorities having jurisdiction over the area where the
establishment is located. When a TABC permit application is submitted to the City, the City
Secretary must certify whether the applicant's establishment is located in a wet or dry area and
whether the establishment is in compliance with applicable City ordinances. The City Secretary
typically sends the application to various City departments for facts regarding the
applicant/establishment and other information necessary for the above -referenced certification.
Recent applications for TABC permits submitted to the City prompted City staff to review City
permitting procedures. This included a review of City records on file from past TABC applications
as well as a review of the City's current regulations. The review indicated general compliance with
state law and City regulations with respect to the processing of TABC permit applications.
However, review of those records did not provide confirmation of whether certain fees related to
the processing of permits were consistently paid by applicants. Under state law, applicants must
pay a permit fee to the TABC ("TABC Permit Fee") and a separate permit fee may be charged by
the City ("City Permit Fee"). The amount of the TABC Permit Fee varies depending on the type of
permit being sought. The City Permit Fee may not exceed one-half the amount of the TABC
Permit Fee. In addition to the City Permit Fee, the City's current ordinance includes a fee for
processing the application ("Processing Fee") that is $250 per application and $250 for each
annual renewal. It is this additional Processing Fee that in the past may not have been consistently
charged or paid.
City staff's review of the permitting process including consultation with legal counsel. Legal
counsel reviewed current state law and determined that the City's permitting procedures are in
compliance, except that the City's authority to charge the additional Processing Fee could not be
definitively determined. Because of this uncertainty and because this fee may not have been
consistently applied or paid in the past, it was the consensus of staff and legal counsel that the
City should no longer charge the Processing Fee.
STAFF RECOMMENDATION:
Staff recommends approval of the attached Ordinance that eliminates the Processing Fee.
ATTACHMENTS:
Description Upload Date Type
Ordinance 8/3/2016 Ordinance
CITY OF ANNA, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING PART II, ARTICLE 3,
SECTION 2 OF THE ANNA CITY CODE OF ORDINANCES REGARDING FEES FOR
PROCESSING OF TABC APPLICATIONS FOR ALCOHOL PERMITS; PROVIDING
FOR A PENALTY FOR VIOLATION OF THIS ORDINANCE; PROVIDING FOR
SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR
PUBLICATION OF THE CAPTION HEREOF AND AN EFFECTIVE DATE.
WHEREAS, the Texas Alcoholic Beverage Code provides for fees to be charged by
municipalities in association with establishments applying for new and renewing
alcoholic beverage permits; and
WHEREAS, the City of Anna, Texas ("the City") has previously adopted ordinances,
rules, and regulations governing the manufacturing, distilling, brewing, importing,
transporting, storing for purposes of sale, distribution or sale of any alcohol beverages,
including without limitation fees associated with applications for alcoholic beverage
permits; and
WHEREAS, the City Council has investigated and determined that it would be
advantageous and beneficial to the City and its citizens to amend Part II, Article 3,
Section 2 of the Anna City Code of Ordinances ("Anna Code") by limiting the categories
of fees charged by municipalities in association with establishments applying for and
renewing alcoholic beverage permits;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS:
Section 1. Recitals Incorporated.
The above -referenced recitals are incorporated herein as if set forth in full for all
purposes.
Section 2. Amendment.
In accordance with Part II, Article I, Section 9 of the Anna Code, Part II, Article 3,
Section 2 of the Anna Code is hereby amended by deleting subsection (d) of said
Section 2:
Section 2. Permit Required; Associated Requirements and Procedures
(a) It shall be unlawful for any person to manufacture, distill, brew, import, transport,
store for purposes of sale, distribute or sell any alcoholic beverage within the City
CITY OF ANNA, TEXAS ORDINANCE NO. PAGE 1 OF 3
without having first paid an annual permit fee to the City equal to one-half of the State of
Texas fee required by the Texas Alcoholic Beverage Code ("TABC") of every person
that may be issued any permit or license or renew such permit or license by the State
for the manufacture, distilling, brewing, importing, transporting, storing, distributing or
sale of any alcoholic beverage. Except as otherwise set forth in this section, the permit
fee shall be paid to the City Secretary upon original application and then annually for
permit renewal. The City Secretary shall issue a receipt for the permit fee and keep a
record of same in the City Secretary's office. All receipts issued for the payment of
permit fees under the provisions of this section shall terminate at midnight on the day
before the anniversary date of their issuance, and no receipt shall be issued covering a
longer period than one year.
(b) Notwithstanding subsection (a), the permit fee for a mixed beverage permit shall not
be charged for an original application and shall not be charged for the first two annual
renewals. For the third annual renewal of a mixed beverage permit, and for all
subsequent renewals thereafter, a permit fee shall be charged in accordance with
subsection (a).
(c) Before the City Secretary shall sign any application for a permit or license regulated
under the TABC, or any annual renewal, such application shall be submitted to the
appropriate City departments, as determined by the City Manager to ensure that the
application complies with all City ordinances and regulations and are for establishments
located in a wet area.
(rd) An annual nronessing foe in the acne ant of Q` 50 00 shall he cheroed by the c ty
issuance,SeGretary for aGGepting any application or renewal. The City SeGretary shall issue a
reGempt for the proGessing fee and keep a record of the same in the City SeGretary's
office. All reGeipts issued for the payment of preGessiRg fees under the terms o
section shall terminate at midnight en the day befere the anniversary date ef
and no Feceipt shall be issued covering a leRger period than one ye
(Ord. No. , adopted 08102116; Ord. No. 590-2012, adopted 08128112; Ord. No.
482-2009, adopted 01127109; Ord. No. 108-2003, adopted 09109103); cross reference:
Part 111-C, Section 34.12.
Section 3. Penalty.
A violation of any of the terms of this ordinance, whether herein denominated in this
ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted of
CITY OF ANNA, TEXAS ORDINANCE NO. PAGE 2 OF 3
any such violation shall be fined in an amount not to exceed $2,000 or the maximum
amount provided by law, whichever is lower. Each day of continuance of such violation
is considered a separate offense and will be punished separately.
Section 4. 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, sentence, 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 5. Publication of the Caption Hereof and Effective Date.
This ordinance shall be in full force and effective upon the posting and/or publication, if
required by law, of its caption and the City Secretary is hereby directed to implement
such posting and/or publication.
PASSED by the City Council of the City of Anna, Texas, on this the day of
, 2016.
ATTESTED:
City Secretary, Carrie Smith
APPROVED:
Mayor, Mike Crist
CITY OF ANNA, TEXAS ORDINANCE NO. PAGE 3 OF 3
I
Item No. 6.
City Council Agenda
Staff Report
Meeting Date: 8/9/2016
YOUR) HOMETOWN
AGENDAITEM:
Consider/Discuss/Action on an Ordinance annexing a 1.09-acre tract of land located in the Henry
Smith Survey, Abstract No. 823, further described as 1720 S. Ferguson Parkway. (Maurice
Schwanke)
SUMMARY:
In May of this year, the City Council directed staff to begin annexation proceedings on a 32.295
acres of land located at the northwest corner of Taylor Blvd. and Ferguson Parkway. The area
contains 5 parcels of property with 5 single family homes and is bounded on three sides by
neighborhoods that are inside the city limits. All five properties currently have City water service.
Prior to annexing properties that are appraised for property tax purposes as land for agricultural,
wildlife management use, or as timber land (as defined in Subchapter C, D, or E Chapter 23, Tax
Code) the City is required to offer to make a development agreement with the landowner. As part
of the annexation process, the Council directed staff to offer a development agreement to all the
property owners within the area proposed for annexation regardless of whether their property has
a qualifying tax exemption. The development agreement guarantees that the properties would
remain outside the city limits for a specified period of time (initial offer was three (3) years) after
which the property owners would consent to voluntary annexation.
All of the property owners except one have executed a development agreement described above.
We understand that the owner of the remaining property, a 1.09-acre tract commonly known as
1720 South Ferguson Parkway is deceased, and the City has not received any communication
from the heirs of the estate.
STAFF RECOMMENDATION:
Staff recommends that the City Council approve the attached Ordinance annexing the 1.09-acre
tract commonly known as 1720 South Ferguson Parkway.
ATTACHMENTS:
Description Upload Date Type
Annexation Ordinance 8/4/2016 Ordinance
Exhibit A, Legal Description 8/3/2016 Exhibit
Exhibit B, Service Plan 8/3/2016 Exhibit
Location Map 8/3/2016 Backup Material
CITY OF ANNA, TEXAS
ORDINANCE NO.
AN ORDINANCE ANNEXING INTO THE CITY OF ANNA, TEXAS THE
HEREINAFTER DESCRIBED TERRITORY ADJACENT TO AND ADJOINING THE
CITY OF ANNA, TEXAS, TO WIT: BEING A CERTAIN AREA OF LAND SITUATED IN
THE HENRY SMITH SURVEY, ABSTRACT NO 823 COUNTY OF COLLIN, STATE
OF TEXAS; AMENDING THE OFFICIAL CITY MAP; PROVIDING FOR A SERVICE
PLAN; REQUIRING THE FILING OF THIS ORDINANCE WITH THE COLLIN COUNTY
CLERK; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Anna, Texas ("City") is a home -rule municipality located in Collin
County, Texas, created in accordance with the provisions of the Texas Local
Government Code and operating pursuant to the enabling legislation of the State of
Texas and the City's Home -Rule Charter; and
WHEREAS, the City desires to annex into its corporate limits the hereinafter described
territory adjacent to and adjoining the City (hereinafter, referenced as the "Territory"), to
wit: being a certain area of land situated in the Henry Smith Survey, Abstract No. 823
County of Collin, State of Texas and more particularly described in the attached Exhibit
A, which is incorporated herein for all purposes; and
WHEREAS, all statutory notice requirements relating to the annexation of the Territory
pursuant to Chapter 43 of the Texas Local Government Code have been satisfied; and
WHEREAS, two public hearings were conducted in accordance with Section 43.052 of
the Texas Local Government Code to consider the annexation of the Territory; and
WHEREAS, said public hearings were conducted and held no more than forty (40) days
nor less than twenty (20) days prior to the institution of annexation proceedings; and
WHEREAS, the City Council of the City of Anna, Texas ("City Council") has determined
that it would be advantageous and beneficial to the City, its citizens, and the inhabitants
of the Territory, to annex the Territory to the City; and
WHEREAS, the City Council has determined that the Territory is adjacent to and
adjoins the City; and
WHEREAS, the City Council has investigated, determined and officially finds that no
part of the Territory is within the extraterritorial jurisdiction of any other incorporated city
or town; and
CITY OF ANNA, TEXAS ORDINANCE NO. PAGE 1 OF 3
WHEREAS, a service plan providing for the extension of municipal services into the
Territory, which was prepared prior to and made available at the aforementioned public
hearings, is attached hereto as Exhibit B and incorporated herein for all purposes; and
WHEREAS, all procedures and proceedings related to this ordinance and to the
annexation of the Territory have been undertaken and acted upon in accordance with
the Texas Open Meetings Act, as applicable; and
WHEREAS, after hearing the arguments for and any arguments against the annexation
of the Territory, the City Council finds that the Territory should be annexed;
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS:
Section 1. Incorporation of Recitals. The above -stated recitals are incorporated into
this ordinance as if set forth in full here for all purposes.
Section 2. Territory Annexed.
(a) The Territory, described in Exhibit A attached hereto, which is hereby made an
integral part of this ordinance, lying adjacent to and adjoining the present corporate
boundaries of the City, is hereby added and annexed into the City, and the Territory
shall hereafter be included within the corporate boundary limits of the City, and the
present boundary limits of the City are altered and amended so as to include the
Territory within the corporate limits of the City.
(b) From and after the passage of this ordinance, the Territory shall be a part of the
City, and, subject to the municipal service plan referenced in Section 4 of this
ordinance, the inhabitants thereof shall be entitled to all of the rights, privileges and
immunities as all other similarly situated citizens of the City, and shall be bound by all of
the ordinances and regulations enacted pursuant to and in conformity with the general
laws of the State of Texas.
Section 3. Official City Map Amended.
(a) The official map and boundaries of the City's corporate limits are hereby amended
so as to include the Territory.
(b) The City Manager is hereby directed and authorized to perform or cause to be
performed all acts necessary to update the official map of the City to add the Territory
hereby annexed as required by law, but any delay in or failure to update such map shall
in no way impact or affect the validity of this ordinance or this annexation.
Section 4. Municipal Service Plan. The municipal service plan for the Territory,
attached hereto as Exhibit B, was submitted in accordance with Chapter 43 of the
Texas Local Government Code and is hereby approved as part of this ordinance.
CITY OF ANNA, TEXAS ORDINANCE NO. PAGE 2 OF 3
Section 5. Filing of Ordinance. The City Secretary is hereby directed to file or cause
to be filed a certified copy of this ordinance in the office of the County Clerk of Collin
County, Texas, and any other necessary agencies, including the United States
Department of Justice.
Section 6. Cumulative Repealer. This ordinance shall be cumulative of all other
ordinances and shall not repeal any of the provisions of such ordinances except for
those instances where there are direct conflicts with the provisions of this ordinance.
Ordinances, or parts thereof, in force at the time this ordinance shall take effect and that
are inconsistent with this ordinance are hereby repealed to the extent that they are
inconsistent with this ordinance.
Section 7. Severability. If any section, article, paragraph, sentence, clause, phrase or
word in this Ordinance, or application thereof to any person or circumstance, is held
invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not
affect the validity of the remaining portions of the Ordinance, and the City Council
hereby declares it would have passed such remaining portions of the Ordinance despite
such invalidity, which remaining portions shall remain in full force and effect.
Section 8. Engrossment and Enrollment. The City Secretary of the City of Anna is
hereby directed to engross and enroll this ordinance by copying the Caption in the
minutes of the City Council of the City of Anna and by filing this ordinance in the
ordinance records of the City.
Section 9. Effective Date. This ordinance shall be in full force and effect from and after
its date of passage.
PASSED by the City Council of the City of Anna, Texas, this 9th day of August, 2016.
ATTEST:
APPROVED:
City Secretary, Carrie L. Smith Mayor, Mike Crist
CITY OF ANNA, TEXAS ORDINANCE NO. PAGE 3 OF 3
EXHIBIT A
Being a tract of land containing 1.09 acres out of the Henry Smith Survey, Abstract. No.
823, in the County of Collin, State of Texas, and being out of a called 127.60-acre tract
of land that was conveyed to the Veterans Land Board of the State of Texas by R.V.
Merritt, etux, in Deed recoded in Vol. 454, page 426, of the Deed Records of Collin
County, Texas, being more particularly described by metes and bounds, as follows:
BEGINNING at the East line of said Henry Smith Survey, same being the centerline of
Ferguson Parkway. Point being 460 feet from the southeast corner of the Henry Smith
Survey.
THENCE North 88 deg. 46 min. 39 sec. West a distance of 359.0 feet to a point for
corner.
THENCE North 1 deg. 31 min. East 131.3 feet to a point for corner.
THENCE South 89 deg. 24 min. 46 sec. East 353.69 feet to an Iron Pin set in the East
line of the Henry Smith Survey for a point for corner.
THENCE South 0 deg. 45 min. East with said survey line, same being the centerline of
Ferguson Parkway 135.3 feet to the PLACE OF BEGINNING, CONTAINING 1.09 acres
of land more or less.
EXHIBIT B
ANNEXATION SERVICE PLAN
POLICE PROTECTION
On the effective date of annexation, the City of Anna, Texas and its Police Department
will provide police protection to the newly annexed area at the same or similar level of
service now being provided to other areas of the City of Anna, Texas with similar
topography, land use, and population density within the newly annexed area.
FIRE PROTECTION
On the effective date of annexation, the City of Anna, Texas and its Fire Department will
provide fire protection to the newly annexed area at the same or similar level of service
now being provided to other areas of the City of Anna, Texas with similar topography,
land use, and population density within the newly annexed area.
EMERGENCY MEDICAL SERVICES
On the effective date of annexation, the City of Anna, Texas, through its contract with
Collin County or another service provider, will provide emergency medical services to
the newly annexed area at the same or similar level of service now being provided to
other areas of the City of Anna, Texas with similar topography, land use, and population
density within the newly annexed area.
SOLID WASTE COLLECTION
On the effective date of annexation, the City of Anna, Texas, through its contract with
Bradshaw and Son or another service provider, will provide solid waste collection to
residents and businesses in the newly annexed area (to the extent that the service
provider has access to the area to be serviced) at the same or similar level of service
now being provided to other areas of the City of Anna, Texas with similar topography,
land use, and population density within the newly annexed area. Such service will be
provided in accordance with existing City policies and Ordinances, and only upon
payment of any required deposits and the agreement to pay lawful service fees and
charges for solid waste collection.
Residents and businesses of the newly annexed area that have existing contracts with
solid waste service providers have two years from the date of annexation or until the
termination date of the existing contract, whichever is sooner, to begin solid waste
Page 1 of 4
collection service through the City. Solid waste collection is mandatory for City of Anna
residents and businesses operating within the city limits.
WATER AND WASTEWATER FACILITIES
On the effective date of annexation, any and all water or waste water facilities owned by
the City of Anna, Texas at the time of annexation shall be maintained and operated by
the City of Anna, Texas. Of such facilities, the City will maintain the main water
transmission and wastewater collection lines. All water and wastewater service lines
(up to and including the service line connection with the City's main line, shall be
maintained by the property owner served by the service connection.
Residents and owners of property in newly annexed areas that are located within the
City's water or wastewater CCN will be offered water and wastewater service in
accordance with City policies and ordinances in existence at the time of annexation or
as may be amended from time -to -time by the City Council. Generally, these ordinances
state that the land owner or customer must bear the cost of construction of water and
wastewater system facilities to a point where suitable connection to the existing system
can be made and service to the customer can be provided. All water and wastewater
facilities designed to connect to the City's existing system must be approved by the City
and meet all City zoning, subdivision, and other development ordinances and
requirements.
ROADS AND STREETS
On the effective date of annexation, any and all existing public roads or streets in the
newly annexed area which have been dedicated to Collin County, Texas or to the City
of Anna, Texas, or which are owned by the City of Anna, Texas shall be maintained to
the same degree and extent that other roads and streets are maintained in areas of the
City with similar topography land use and population density. Specific maintenance
activities are determined by available funding and the need for maintenance as
determined by the City. The City is not obligated to maintain any portion of a private
road or street. Any and all lighting of roads and streets which may be positioned in a
public right of way, roadway or utility company easement shall be maintained by the
applicable utility company servicing that area of the City of Anna, Texas pursuant to the
rules regulations and fees of such utility.
An owner of land within the newly annexed area that desires to develop said property
will be required pursuant to the ordinances of the City of Anna, Texas to provide internal
and peripheral streets and to construct those streets in accordance with the
specifications required by the City of Anna, Texas.
Page 2 of 4
PARKS PLAYGROUNDS AND SWIMMING POOLS OR ANY
OTHER PUBLICLY OWNED FACILITY BUILDING OR SERVICE
The City Council of the City of Anna, Texas is not aware of the existence of any public
parks, public playgrounds, public swimming pools, or any other publicly owned facility,
building or service now located in the area proposed for annexation. In the event any
such parks, playgrounds, swimming pools, or any other public facilities, buildings or
services do exist and are public facilities, the City of Anna, Texas will maintain such
areas upon annexation to the same extent and degree that it maintains public parks,
public playgrounds, public swimming pools, other public facilities buildings or services
and other similar areas of the City now incorporated in the City of Anna, Texas.
To the extent that it becomes necessary because of development demands population
growth or a bona fide need, the City Council of the City of Anna, Texas will undertake to
provide any such facility which it deems necessary to adequately provide for the health
and safety of the citizens of the newly incorporated area based upon the standard
considerations of topography, land use and population density.
OTHER MUNICIPAL SERVICES
Following annexation by the City of Anna, Texas, the City will provide code
enforcement, planning, and animal control services to the newly annexed area, to the
extent such services are funded in the annual budget and provided by the City within its
full -purpose boundaries. Such services will be provided to the newly annexed area at
the same or similar level of service now being provided to other areas of the City of
Anna, Texas with similar topography, land use, and population density within the newly
annexed area.
CONSTRUCTION OF CAPITAL IMPROVEMENTS
The City Council of the City of Anna, Texas finds and determines it to be unnecessary
to acquire or construct specific capital improvements for the purposes of providing full
municipal services to the newly annexed area. The City Council finds and determines
that it has at the present time adequate facilities to provide the same type, kind and
level of service which exists in and is presently being administered to other areas
already incorporated in the City of Anna, Texas with the same or similar topography,
land use and population density.
SPECIFIC FINDINGS
The City Council of the City of Anna, Texas finds and determines that this proposed
Service Plan will not provide any fewer services and it will not provide a lower level of
service in the area proposed to be annexed than were in existence in the proposed area
at the time immediately preceding the annexation process. Furthermore the City
Council of the City of Anna, Texas finds and determines that the rural nature of the area
Page 3 of 4
is characteristically different from other more highly developed areas within the
corporate limits of the City of Anna, Texas. Consequently because of the differing
characteristics of topography, land use, and population density the service levels which
may ultimately be provided in the newly annexed area may differ somewhat from
services provided in other areas of the City of Anna, Texas. These differences are
specifically dictated because of differing characteristics of the property. The City of
Anna, Texas will undertake to perform consistent with this contract so as to provide this
newly annexed area with the same type, kind and quality of service presently enjoyed
by the citizens of the City of Anna, Texas who reside in areas of similar topography,
land use and population density.
TERM
This Service Plan shall be valid for a term of ten (10) years. Renewal of the
Service Plan shall be at the discretion of the City Council.
AMENDMENTS
This Service Plan may be amended if the City Council determines at a public
hearing that changed conditions or subsequent occurrences make this Service
Plan unworkable or obsolete. The City Council may amend the Service Plan to
conform to the changed conditions or subsequent occurrences pursuant to Texas
Local Government Code, Section 43.056.
Page 4 of 4
I
Item No. 7.
City Council Agenda
Staff Report
Meeting Date: 8/9/2016
YOUR) HOMETOWN
AGENDAITEM:
Consider/Discuss/Action on a Resolution approving a proposed maximum tax rate for 2015-2016
Fiscal Year, and setting the dates and times for public hearings on the tax rate (Clayton Fulton).
SUMMARY:
Each year after properties are appraised by the Collin Central Appraisal District the Collin County
Tax Office calculates both the effective tax rate and the rollback tax rate for the City of Anna as
part of the service to collect taxes for the City. The following definitions are provided from the
Texas Comptroller's Office:
Effective tax rate: The effective tax rate is a calculated rate that would provide the taxing unit
with about the same amount of revenue it received in the year before on properties taxed in
both years. If property values rise, the effective tax rate will go down and vice versa.
Rollback tax rate: The rollback rate provides the taxing unit with about the same amount of tax
revenue it spent the previous year for day-to-day operations, plus an extra 8 percent increase
for those operations, in addition to sufficient funds to pay debts in the coming year. If a taxing
unit adopts a tax rate higher than the rollback rate, voters in the taxing unit can circulate a
petition calling for an election to limit the size of the tax increase.
The proposed budget is supported by a tax rate of $0.629000 which is less than the current rate
of $0.639000. Since the tax rate recommended to fund the proposed budget exceeds the
effective tax rate, the Council must give notice of its intent to consider an "increase" in taxes and
set the times and places for the two required public hearings. The following table is a comparison
between the proposed tax rate, last year's rate, the effective rate and roll -back rate.
Proposed FY 2017 Tax Rate
$0.629000 per $100
Preceding FY 2016 Tax Rate
$0.639000 per $100
Effective Tax Rate
$0.563030 per $100
Rollback Tax Rate
$0.629000 per $100
The effective tax rate is lower than the current rate because the value of properties taxed in both
years has increased.
The rollback rate could be as high as $0.647154 if all debt secured by property taxes were
included in the tax rate calculation; however, a portion of outstanding debt secured by a tax pledge
was issued for water & sewer improvements. These combination tax and revenue bonds are
payable from excess revenues in the Utility Fund or from property taxes. The FY 16 budget does
not require all combination tax and revenue bonds to be paid from property taxes; therefore, the
rollback rate stands at $0.629000.
Approval of the attached Resolution would set $0.629000 as the maximum rate the council will
consider after the required public hearings. The Council may adopt any rate lower than the rate
voted on tonight, but not higher. The Resolution also calls for the public hearings to be held on
August 23 at 7:30 PM and on September 6 at 6:30 PM. The attached public will run in the Anna
Melissa Tribune on August 11 th
The budget and tax rate are scheduled for adoption at the September 13th council meeting.
Since the proposed tax rate is higher than the effective rate, section 26.05 of the Texas Tax Code
requires a minimum of 60% of the Council members to vote in favor of that rate. That would
require at least 5 council members to vote in favor of the proposed tax rate.
STAFF RECOMMENDATION:
Staff recommends approval of the attached Resolution setting the maximum tax rate and setting
the dates and times for the public hearings.
ATTACHMENTS:
Description Upload Date Type
Tax Rate Resolution 8/3/2016 Resolution
Tax Rate Notice 8/3/2016 Exhibit
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS NAMING THE MAXIMUM TAX RATE
THE COUNCIL MAY ADOPT FOR THE 2016 TAX YEAR AND SETTING THE DATES AND
TIMES FOR PUBLIC HEARINGS ON THE TAX RATE
WHEREAS, The Constitution for the State of Texas (the "State") sets out the general
requirements for truth -in -taxation provisions requiring political subdivisions of the State to
inform citizens in their jurisdiction of changes in the property tax rate; and
WHEREAS, The City of Anna, Texas (the "City") is a political subdivision of the State and is
therefore subject to laws of the State; and
WHEREAS, Section 7.19 of the Anna Home Rule Charter (the "Charter") states the City has
power to levy, assess, and collect taxes of every character and type for any municipal
purpose not prohibited by state of federal law; and
WHEREAS, The City Council (the "Council") desires to establish a maximum tax rate it may
adopt for the 2016 tax year; and
WHEREAS, The Council desires to hold public hearings on the tax rate as stipulated in
Texas Tax Code;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS THAT:
Section 1. Recitals Incorporated.
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Proposal of a maximum tax rate by the City of Anna
The Council hereby proposes that the maximum tax rate adopted by the City for the 2016 tax
year shall not exceed $0.629 per $100 of valuation.
Section 3. Dates and Times for Public Hearings
The Council hereby sets August 23, 2016 at 7:30 p.m. and September 6, 2016 at 6:30 p.m.
as the date and time for the public hearings on the 2016 tax rate, said hearings to be held in
the City Council Chambers of the Municipal Building located at 111 N. Powell Parkway in
Anna, Texas. The Council further directs that notice of the time and place of the public
hearing be published in the official newspaper of the City as required in Texas Tax Code.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 9th day of
August, 2016.
PAGE 1 OF 2
ATTEST:
APPROVED:
City Secretary, Carrie L. Smith Mayor, Mike Crist
PAGE 2 OF 2
NOTICE OF 2016 TAX YEAR PROPOSED
PROPERTY TAX RATE FOR CITY OF ANNA
A tax rate of $0.629000 per $100 valuation has been proposed for adoption by the governing body of City of
Anna. This rate exceeds the lower of the effective or rollback tax rate, and state law requires that two public
hearings be held by the governing body before adopting the proposed tax rate.
The governing body of City of Anna proposes to use revenue attributable to the tax rate increase for the
purpose of adding additional public safety and maintenance personnel, equipment purchases, and other
expenses for operations and maintenance as set forth in the proposed 2016-2017 fiscal year budget available
at www.annatexas.gov.
PROPOSED TAX RATE $0.629000 per $100
PRECEDING YEAR'S TAX RATE $0.639000 per $100
EFFECTIVE TAX RATE $0.563030 per $100
ROLLBACK TAX RATE $0.629000 per $100
The effective tax rate is the total tax rate needed to raise the same amount of property tax revenue for City of
Anna from the same properties in both the 2015 tax year and the 2016 tax year.
The rollback tax rate is the highest tax rate that City of Anna may adopt before voters are entitled to petition
for an election to limit the rate that may be approved to the rollback rate.
YOUR TAXES OWED UNDER ANY OF THE ABOVE RATES CAN BE CALCULATED AS
FOLLOWS:
property tax amount= (rate) x (taxable value of your property)/100
For assistance or detailed information about tax calculations, please contact:
Kenneth L. Maun
Tax Assessor -Collector
2300 Bloomdale Road
McKinney, TX 75071
972-547-5020
kmaun@collincountytx.gov
www.annatexas.gov
You are urged to attend and express your views at the following public hearings on the proposed tax rate:
First Hearing: August 23, 2016 at 7:30 pm at the Anna City Hall, 111 North Powell Parkway, Anna, TX
75409.
Second Hearing: September 6, 2016 at 6:30 pm at the Anna City Hall, 111 North Powell Parkway, Anna, TX
75409.
I
Item No. 8.
City Council Agenda
Staff Report
Meeting Date: 8/9/2016
YOUR) HOMETOWN
AGENDAITEM:
Consider/Discuss/Action on an Ordinance amending the FY 2016 annual budget. (Clayton Fulton)
SUMMARY:
The proposed budget amendment includes funding for the following purposes:
• Purchase several capital items for departments in the General Fund and Utility Fund
• Increase building permit inspection fee revenue and expenses driven by new construction
activity
• Recognize revenue and associated expenditures with the final TxDOT reimbursement for
the FM 455 utility relocation project
• Authorize the use of sewer impact/developer fees for eligible debt payments and pay the
outstanding NTMWD charges from FY 15
Capital Purchases
General Fund
The proposed amendment would authorize the purchase of the following capital items:
• Three replacement vehicles (including equipment up -fit) in the Police Department -
$126.000
Vehicles to be replaced
Mileage
Assigned
Estimated Cost
2008 Nissan Titan
106,400
Chief
$35,931
2011 Chevy Tahoe
99,270
SRO
$47,288
2006 Dodge Charger
109,957
Lieutenant
$38,568
• Replace an existing ticket writer that was cost prohibitive to repair - $1,895
Purchases can be funded through a combination of increased revenue from sales tax, franchise
tax, development permit fees, and gain on sale of assets.
Utility Fund
The proposed amendment would authorize the purchase of the following capital items:
• 4 vehicle replacements - $133,000
Vehicles to be replaced
Mileage
Assigned
Estimated Cost
2008 Dodge 2500 Utility Truck
128,618
Water
$26,196
2008 Dodge Ram 1500
120,211
Water
$31,520
2004 Ford F-150 XL
128,147
Sewer
$45,576
2011 Chevy Tahoe
120,522
Construction
$29,379
Ins
• Water pump station fence repairs - $6,000
• West Crossing Pump Station electrical panel shades - $3,000
• WW Treatment Plant fine screen repairs - $25,000
• WW Treatment Plant automated sewer line valve - $20,000
• West Crossing Pump Station generator transfer switch - $16,000
• Public Works Building emergency generator - $15,000
• Lift station generator connections - $10,000
Purchases can be funded through a combination of increased revenue from inspection fees,
water service, sewer service, and trash service.
Increased Inspection Services
Single family development has exceeded the budgeted expectations and as a result also
exceeded budgeted costs for inspection services. The increased expenditures are funded
through increased development revenue.
TxDOT Reimbursement
The final FM 455 utility relocation reimbursement was received recently from TxDOT. To clean up
accounting entries created at the completion and acceptance of the project it is necessary to
recognize the revenue in the Capital Projects Fund and recognize an expenditure in the Utility
Fund. The proposed amendment will enable accounting entries to clean up account balances
booked at project close out. The expenditure will reimburse the General Fund for amounts loaned
to the Utility Fund to cash flow the project. While the expenditures will increase in the Utility Fund
is it also paying off the liability owed to the General Fund and will not result in any decrease in cash
due to the associated revenue.
Authorized use of Impact/Developer Fees
During FY 15 the unprecedented rains caused significant I&I into our wastewater system and
resulted in significant and unanticipated costs from NTMWD to transport and treat wastewater in
the regional system. Staff met with NTMWD staff last fall to discuss repayment options and they
agreed to carry the overage as a balance due provided we repay the balance in full in FY 16. The
proposed amendment would pay eligible debt payments in the current fiscal year with sewer
impact/developer fees. This process will free up funds within the sewer budget to pay the past
due balance of $329,550. This payment will still maintain existing sewer impact/developer fees
sufficient to pay the remaining costs of the Throckmorton Sewer Line projec
STAFF RECOMMENDATION:
Staff recommends approval of the attached Ordinance amending the FY 16 budget.
ATTACHMENTS:
Description Upload Date Type
Ordinance 8/4/2016 Ordinance
Ordinance Exhibit 8/5/2016 Staff Report
CITY OF ANNA
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 695-2015 ADOPTING THE BUDGET
FOR THE 2015-2016 FISCAL YEAR; PROVIDING FOR SAVINGS, SEVERABILITY,
AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, on September 8, 2015, the City Council of the City of Anna, Texas ("City
Council"), after a duly noticed public hearing as required under Texas Local Gov't Code
§102.106, and in accordance with applicable provisions of the City of Anna, Texas
Home -Rule Charter ("Charter"), adopted a budget of all municipal appropriations and
expenditures for the 2015-2016 fiscal year; and
WHEREAS, the City is authorized to make this budget amendment by majority vote of
the City Council under Section 7.09 of the Charter;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
SECTION 1. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this ordinance for all purposes and are
adopted as a part of the judgment and findings of the City Council with respect to the
budget amendments described herein.
SECTION 2. The City Council of the City officially finds, determines, and declares that
the City of Anna 2015-2016 fiscal year budget is hereby amended with respect to its
General Fund (Fund 10), Capital Projects Fund (Fund 50), and Utility Fund (Fund 60) as
set forth in the original budget adopted under Ordinance No. 695-2015 by replacing the
information regarding said funds with the information relating to said funds set forth in
the attached Exhibit A, incorporated herein for all purposes.
SECTION 4. Upon adoption and execution of this ordinance, the City Secretary is
directed to attach same and its exhibits to the original City of Anna 2015-2016 fiscal
year budget in all places where said budget is filed as of public record or posted for
public inspection.
SECTION 5. If any provision of this ordinance or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this ordinance and the
application of such provision to other persons and circumstances shall nevertheless be
valid, and the City Council hereby declares that this ordinance would have been
enacted without such invalid provision.
SECTION 6. It is officially found, determined, and declared that the meeting at which
this ordinance is adopted was open to the public and public notice of the time, place,
and subject matter of the public business to be considered at such meeting, including
PAGE 1 OF 2
this ordinance, was given, all as required by Chapter 551, as amended, Texas
Government Code.
PASSED, APPROVED, AND ADOPTED on first and final reading on this 9t" day of
August, 2016.
ATTESTED:
APPROVED:
City L. Secretary, Carrie Smith Mayor, Mike Crist
PAGE 2OF2
Admin
Development
Police WE
Police
Development
EXHIBIT A
Fund 10
Sales Tax
Franchise Tax
Gain on Sale of Assets
Permits
700,000 M
50,000
420,000 $
30,000
$
��JJM,
_ 8,000
M
381,000 $
159,000
$
Total Revenue Increaz#
247,000
Vehicle Replacements Cap Ex $ 23,2Ml
Ticket Writer Supplies $ 104,784 $
Inspection Services Services 183,878
Total Expenditure Increase $
Fund 60
126,000
1,895
100,000
227,895
750,000
450,000
J 8,000
540,000
149,282
106,679
283,878
Admi�
Water
Sewe�
Solid Waste
Inspection Revenue
Water Sales
Sewer Sales
Solid Waste Sale
.
$
-M-
$
205,083 $
3,164,871 $
2,037,287 $ i
799,500 $
Total Revenue Increae= $
120,000
121,208
49,725
10,500
301,433
$
$
325,08d
3,286,079
2,087,0A
810,000
Admi�
Vehicles and Equipment
26,196 $
44,400
$
70,596
Vehicle Replacement
!
$
29,400
Building Generato
NIL.
15,000
Water
Small Tools
Supplies
$
57,665 $
1,800
$
59,465
M Repairs/Shade Panel
'
9,000
Water
Vehicles and Equipment
Cap Ex
$
4,650 $
73,800
$
78,450
' 2 Vehicle Replacements
57,800
Generator Xfer Switch
$
16,000
_
Small Tools
3,400
Sewer
Vehicles and Equipment Repairs
Cap Ex
$
22,315 $
100,800
$
123,115
Vehicle Replacement
JJJMrW
45,800
Generator Connections
$
10,000
Fine Screen Repair
25,000
Automated valve
1 $
20,000
Reimburse GF for FM 45�
Xfer Out ,
$
9111111%
280,556.
West Crossing Sewer
Reimbruse Debt Payments
Services
$
- $
329,550
$
329,550
Total Expenditure Increase $
843,306
Fund 50
W&S Capital Projects TxDOT Reimbursement Intergovernmental Rev. 280,556
I
Item No. 9.
City Council Agenda
Staff Report
Meeting Date: 8/9/2016
YfOUR? HOMETOWN
AGENDAITEM:
Consider/Discuss/Action on a Resolution authorizing the City Manager to enter into an agreement
for audit services. (Clayton Fulton)
SUMMARY:
Section 7.18 of the City of Anna Home Rule Charter states that no more than 5 consecutive audits
may be completed by the same firm. The FY 2015 audit was the 5th consecutive audit completed
by the LaFollet & Abbott CPA's.
In June, Finance staff issued a request for proposals for audit services and received responses
from 5 audit firms located throughout Texas. Staff has evaluated the proposals and is
recommending that the City enter into an agreement with BrooksCardiel, PLLC for audit services.
It is anticipated the City will enter into a 2-year agreement with the option to renew.
BrooksCardiel presented the most cost effective proposal including an adequate estimate of
required hours and the lowest average hourly rate. In addition, BrooksCardiel provided several
examples of relevant experience both in size and scope of the services to be provided through
the audit, including preparation of the Comprehensive Annual Financial Report (CAFR). Upon
checking references, we believe BrooksCardiel will provide the greatest value and service of all
responding firms.
STAFF RECOMMENDATION:
Staff recommends approval of the attached Resolution authorizing the City Manager to execute an
agreement with BrooksCardiel, PLLC for audit services.
ATTACHMENTS:
Description Upload Date Type
Audit Resolution 8/3/2016 Resolution
Exhibit 1, BrooksCardiel Proposal 8/2/2016 Exhibit
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER
TO ENTER INTO AN AGREEMENT FOR AUDIT SERVICES
WHEREAS, Section 7.18 of the Anna Home Rule Charter (the "Charter") states no more than
5 consecutive annual audits may be completed by the same firm; and
WHEREAS, the annual audits for FY 2011 through FY2015 have been completed by the
same firm; and
WHEREAS, the City of Anna, Texas (the "City") has issued a new request for proposals
(RFP) for financial audit services; and
WHEREAS, City staff, after reviewing the proposals submitted in response to the RFP,
believes that an agreement with BrooksCardiel, PLLC would provide the best value to the
City;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS THAT:
Section 1. Recitals Incorporated.
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Authorization
The Council hereby authorizes the City Manager to negotiate and execute a professional
services agreement with BrooksCardiel, PLLC for audit services in accordance with the
proposal from BrooksCardiel, PLLC attached hereto as Exhibit 1. The City Manager is further
authorized to execute all documents and to take all other actions necessary to finalize, act
under, and enforce the agreement.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 9th day of
August, 2016.
ATTEST: APPROVED:
City Secretary, Carrie L. Smith Mayor, Mike Crist
PAGE 1 OF 1
Exhibit 1
City
Presented by
BrooksCardiel, PLLC
1095 Evergreen Circle, Suite 200
The Woodlands, TX 77380
Telephone: 281-907-8788
Contact:
Michael Brooks, CPA
MBrooks@BrooksCardiel.com
of Anna, Texas
081GINAL
- I
BROOKS"L.'
- --- — Certified Public Accountants
06.30,2016
Table of Contents
Letterof Transmittal.................................................................................................................... 3
Licenseto Practice........................................................................................................................ 5
Statement of Independence........................................................................................................ 6
Firm Qualifications and Experience.......................................................................................... 7
Quality Control and Peer Review............................................................................................12
Similar Engagements and References.....................................................................................14
Partner and Staff Background..................................................................................................15
Additional Services Rendered..................................................................................................18
SpecificAudit Approach...........................................................................................................19
CostBid........................................................................................................................................ 26
2
BROOKS" --
Certified Public Accountants
City of Anna, Texas
111 N. Powell Parkway
Anna, TX 75409
Dear City of Anna,
06.30.2016
Letter of Transmittal
On behalf of BrooksCardiel, PLLC, we are pleased to have the opportunity to submit the
following proposal and provide professional auditing services to the City. As you will
find, we are committed to exceeding our client's expectations and have prepared the
following proposal to outline our experience and services to be provided. If selected to
be the City's independent auditor for the years noted we will perform the work stated in
the following proposal with those services conforming in all aspects to the requirements
stated therein.
BrooksCardiel, PLLC was created with the belief that audit services can be provided in a
more efficient and cost effective manner by limiting the firm's staff to include only
experienced professionals while leveraging the most recent technology. Our partners
have extensive experience auditing governments of all sizes with a particular focus on
cities similar to the City of Anna, Texas.
We believe that we are the right choice to be the City's auditor for the following reasons;
• Timeline — Our firm focuses solely on performing audits and is not burdened with
a tax season, which can often cause delays in the issuance of audit reports. Once
we establish a timeframe for your audit, report delivery, and presentation, we
honor our commitment. Our firm believes in working the hours necessary to serve
our clients and meet the audit schedule as further detailed in this proposal.
• Experience - The partners of BrooksCardiel, PLLC have performed approximately
400 audit engagements of approximately 100 different governmental entities. Our
current clientele includes over 30 Cities in Texas. We understand the challenges
3
BROOKS �
Certified Public Accountants
06,30.2016
governmental entities face and developed our audit approach around these
challenges.
• Quality - When you engage BrooksCardiel, PLLC, you know that experienced
professionals are performing every step of the engagement and that you will have
easy access to a decision maker within the firm at all times. No interns or recent
college graduates will be performing your audit.
• Customer Service - Our customer service based audit approach has allowed us to
form long lasting relationships with our clients that often extend well beyond the
term of our initial engagement. Unlike larger firms, we pride ourselves on the
ability to provide a personal and unique audit experience unmatched by our peers.
The City will have direct access to our highest level of expertise throughout the
term of the relationship; before, during, and after the audit is complete.
Our total cost for the audit of the City for the year ended September 30, 2015 is $17,025.
Please see cost bid section of this proposal (pg. 26) for more detail. Should you require a
single audit, we will charge a flat rate of $2,500 for the audit of one major program.
This proposal is a firm and irrevocable offer ending 120 days subsequent to the date
specified for opening the proposals. If you have any questions regarding this proposal
please contact Michael Brooks at MBrooks@BrooksCardiel.com.
Sincerely,
Michael Brooks, CPA
Audit Partner
BrooksCardiel, PLLC
1095 Evergreen Circle, Suite 200
The Woodlands, TX 77380
(281) 907-8788
4
k- �`�lBROOKSCARDIEL, PLLC
Certified Public Accountants
06.30.2016
License to Practice
The firm and all assigned key professional staff of BrooksCardiel, PLLC are properly
licensed to practice in the State of Texas.
5
BROOKSI'(
— -- - -- _-- Certified Public Accountants
06.30.2016
The Texas State Board of Public Accountancy Rules of Professional Responsibility sec.
501.11 requires auditors to be independent in fact as well as appearance from each of their
clients. BrooksCardiel maintains this independence under both Generally Accepted
Auditing Standards as well as the U.S. General Accounting Office's Government
Auditing Standards and has had no professional relationships with the City of Anna or
its agencies within the past five years that would constitute a conflict of interest.
2
r y
-BROOKS . A T\ aL ?j f1��,11,,
µ Certified Public Accountants
06.30.2016
Firm Qualification and Experience
Firm Profile
BrooksCardiel, PLLC was created with the belief that audit services can be provided
efficiently while still being cost effective and maintained on a personal level. It is this
conviction that sets us apart from our peers. While serving clients throughout Texas, we
have performed on audits for numerous governments and have experienced the unique
challenges each of our clients face. With an appreciation for these distinct issues, we
approach every assignment with an individual view and adapt our methods to meet the
specific needs of each of our clients. When you engage BrooksCardiel, PLLC, you can be
confident that experienced professionals will perform each step of the audit process,
giving you and your staff direct access to our highest level of expertise. We keep overhead
low and quality high by eliminating inexperienced staff and connecting the City directly
to our partners.
BrooksCardiel, PLLC is headquartered in the Woodlands, Texas. The City's assigned
engagement team will consist of a lead partner, senior auditor, experienced audit
associate and second partner, who will work both onsite, at the City's location, and at the
firm headquarters for the duration of interim and final audit fieldwork. No staff auditors
will be utilized on the City's engagement.
Public Sector and Governmental Experience
BrooksCardiel, PLLC has dedicated professionals knowledgeable in government
accounting, audit and financial reporting. With numerous years of experience in the
public sector, our auditors possess the knowledge and capability to support your
government's auditing and assurance needs. Our support structure, resources and
training are devoted to providing governments with accurate, prompt, and efficient
audits and financial related services. In addition, BrooksCardiel is a member of
7
BROOKS ARDIEL
-- Certified Public Accountants
06.30.2016
AICPA's Government Audit Quality Center which provides added support to our
professionals through up-to-date training and resources.
With an in depth knowledge of OMB A-133 audits, the latest GASB pronouncements,
Comprehensive Annual Financial Reports and state and federal regulations we aim to
provide each of our clients with the most efficient audit and long-term guidance possible.
Our focus lies on exceptional customer service which we accomplish through
accessibility, efficiency, quality and knowledge.
Current governmental clientele include 32 cities, 24 economic development districts, 2
counties, and 13 water and special purpose districts.
Systems Capabilities
BrooksCardiel, PLLC has the capability to audit computerized systems and does so
where necessary. BrooksCardiel will sample computerized transactions, but will focus on
source documents outside of the computerized system.
Single Audit (OMB Circular A-133)
All government and non-profit entities that spend more than $750,000 a year in federal
funds are required by the Office of Management and Budget (OMB) to submit to an A-
133 audit. Our partners have extensive experience with (OMB) Circular A-133 and have
performed yellow book and single audits for numerous governments on a variety of
federal grant programs including, funds received under the American Recovery and
Reinvestment Act. ARRA fronds include additional compliance requirements increasing
the amount of data to be reported and analyzed. We will review the City's accounting
records and determine the need for a single audit meeting the criteria noted above. As
part of our single audit, we will evaluate the City's internal controls over grant
compliance and the financial statements. We will develop a risk based audit program and
determine if the City is meeting all compliance and financial requirements associated
with their federal grants. Once complete, we will assist the City with the submission of
their single audit reporting package to the Federal Audit Clearinghouse or other required
:BROOKS �a,�
,� _. Certified Public Accountants
06.30.2016
authoritative body. We will provide the City with a bound single audit report which will
include our findings, schedule of expenditures of federal awards, and Auditor's opinion
under Circular A-133, Governmental Auditing Standards.
Continuing Professional Education
Each of our professionals are in compliance with the CPE requirements of the AICPA,
Texas State Board of Public Accountancy and Generally Accepted Government Auditing
Standards (Yellow Book). Each professional receives a mandatory 40 hours of continued
education credits annually with at least 24 hours of governmental specific training
biennially through the firm CPE program which is both internal and external. These CPE
records are open to our clients for review and will be made available upon request.
Client Assistance
We recognize that a well-informed client is a better client. Therefore, our approach is to
provide our clients with current accounting news, updates, and training over new
pronouncements and relevant financial activities. When new accounting guidance is
issued, we will first inform you well in advance of the effective date in order to provide
enough time to plan for and accommodate any financial impact. Once adopted, we will
work with you to assist in the preparation of any new financial policies and/or related
journal entries. In addition we offer monthly CPE to our staff and our clients on relevant
accounting topics.
Our firm is highly focused on customer service and make a point to respond to all client
emails, phone calls and other inquires in an expedited manner. It would be unusual not
to receive a response within the same day of the request being made.
Participation in Professional Organizations
We believe that it is essential to participate in professional organizations to stay abreast
of industry trends and changes. Our firm's commitment to the public sector is evidenced
0
BROOKSCARDIEL, T-1 -,
Certified Public Accountants
06.30.2016
through our active participation/memberships in the following professional
organizations:
• AICPA -American Institute of Certified Public Accountants
• AICPA - Government Audit Quality Center
• TSCPA -Texas Society of Certified Public Accountants
• ACFE -Association of Certified Fraud Examiners
• GFOA -Government Finance Officers Association
In addition, we are members of the GFOA Special Review Committee and encourage and
assist local governments to go beyond the minimum requirement of generally accepted
accounting principles.
Certificate of Achievement for Excellence in
Financial Reporting
As members of the GFOA (Government Finance Officers Association) Special Review
Committee, we assist local governments in going beyond the minimum requirements of
generally accepted accounting principles to achieve the Certificate of Achievement for
Excellence in Financial Reporting. We understand the importance of this highly regarded
award and will go to great lengths to work with the City to achieve this on an annual
basis. The partners at BrooksCardiel, PLLC will prepare your CAFR and assist in the
preparation of the City's response to all GFOA comments, if any. The following is a
sample of current BrooksCardiel audit clients who have recently submitted a CAFR to
the Certificate of Achievement Program of the GFOA:
• City of Azle, Texas
• City of Sachse, Texas
0 City of Heath, Texas
• City of Taylor, Texas
• City of Gonzales, Texas
• City of Denison, Texas
• City of Lucas, Texas
• City of Sansom Park, Texas
10
-:BROOKS`'_
— Certified Public Accountants
Services Offered
Audit and assurance services include:
• CAFR preparation
• Yellow Book Audits
• OMB A-133 Audits
• Annual Financial Statement Audits
• Franchise Tax Audits
06.30.2016
• Hotel/Motel Tax Audits
• Fraud Examinations/Investigations
• Sales Tax Allocation Audits
• GASB 54 through 72 implementation
11
BROOKSCARDIELe PLLC
— -Certified Public Accountants
06.30.2016
Quality Control and Peer Review
BrooksCardiel, PLLC participates in the Texas State Board of Public Accounting's peer
review program. Firms can receive a rating of pass; pass with deficiency (ies) or fail. The
firm underwent peer review according to the Statement on Quality Control Standards
No. 8, A Firm's System of Quality Control, effective as of January 1, 2012 in March 2013.
BrooksCardiel, PLLC received the highest rating possible under the program. The System
Review Report is located on the following page for your review.
12
r
mi
Accounting & Consulting Group, LLP
Certified Public Accountants
System Review Report
To the Partners of Brooks. Cardiel & Company. ITLC
And the Peer Review Committee ol'the Texas Society of CPAs
We have re\ ic%\cd the system of quality control I01' tile ICCOI.11ltillg and Mlditing practice of' Brooks.
Cardiel & Colllpall\. PLLC (tile Firm) in effect for the year ended November '10. 2012. Our peer review
was conducted in accordance with the Standards for Performing and Reporting on Peer Reviews
established b\ the Peer Review Board ol'the American Institute ofC'crtiIWd Public Accountants. As part
ol'our peer review. we considered reviews b\ regulator\ entities. if applicable. in determining the nature
and eNtent of our procedures. The firm is responsible 1,61. dcsi"lling a system of quality control and
conlpl%ing with it to provide the firm with reasonable assurance of I)CI-'rnlin"I and reportim-, in
conlormity with applicable prolessional standards in all material respects. Our responsibility is to
express an opinion on the design ol' the system of quality control and the lirnl's compliance therewith
based on our review. the nature. objectives, scope. limitations ol'. and the procedures perlilrnled in a
System Review are described in the standards at www.aic la.orf,,' lrunullarv.
As required by the standards. enpaucnlents selected lily review included ell"'It-cmcnl, pcI,I rnlcd 1111der
Grr1'C'I•/l nenl Audiling Slemd(Ird'; and audits ol'enlployee henclit plans..
In our opirlicrll. the system of* quality control lily the accounting and auditing practice of Brooks. Cardiel
Company. PLLC. in effect file the \car ended November 10. 2012, has been suitably designed and
complied with to provide the firm with 1•eas011able assurance oi'perliornling and reporting in conli7rnlit\
with applicable professional standards in all material respect. Firms can receive a rating ol'/nlss,
111111 de ic•ient:1.0c,v) or./uii. Brooks, Cardiel & Company. PLLC has rcceivecl a peer rcviCw rating of
i)crss.
�j1/CrC/C1t/YLtrL?,� / &?J,SuC.furL:�,�,l/'loJG�-'o
Accounting and Consulting Group. HT
2700 San Pedro NE Albuquerque NM 87110 T: 505.883.2727 F: 505.884.6719 www.acgnm.com
BROOKSCARDIEL, PLLC
--- —Certified Public Accountants
06.30.2016
Similar Engagements
and References
Proprietary & Confidential Information
Most
Years
Gov't Name
Type
Recent
CAFR
Partners
Principal Contact
Served
Audit
Renita Bishop, CGFO
Awarded
Mike Brooks &
Finance Director
City of Azle
Audit
3
9/30/2015
Prepared by
Anthony Cardiel
(817) 444-2541
BrooksCardiel
rbishop@ci.azle.tx.us
Rosemarie Dennis
Awarded
Mike Brooks &
Finance Director
City of Taylor
Audit
4
9/30/2015
Prepared by
Anthony Cardiel
(512) 352-5997
BrooksCardiel
rosemarie.dennis@taylortx.gov
Jan Messman
City of Pilot
Awarded
Anthony Cardiel
Finance Director
Point
Audit
2
9/30/2015
Prepared by
&Mike Brooks
(940) 686-4338
BrooksCardiel
jmessman@cityofpilotpoint.org
Liz Exum
Awarded
Anthony Cardiel
Finance Director
City of Lucas
Audit
1
09/30/2015
Prepared by
& Mike Brooks
(972) 912-1201
BrooksCardiel
lexum@lucastexas.us
Renne' Waggoner
Awarded
Mike Brooks &
Director of Finance
City of Denison
Audit
2
09/30/2015
Prepared by
Anthony Cardiel
(903) 465-2720
BrooksCardiel
rwaggoner@cityofdension.com
Johnna Boyd
Mike Brooks &
Director of Finance
City of Parker
Audit
4
09/30/2015
N/A
Jon Watson
(972) 442-6811
JBoyd@parkertexas.us
14
BROOKS �_1i_ ,� I� 1 I , is ►=-,�i_
- -- -- — -�,-- Certified Public Accountants
06.30.2016
Partner and Staff Background
Mike Brooks, CPA
Audit Partner
Mbrooks@BrooksCardiel.com
Mike began his career at a regional accounting firm that specializes
in auditing governmental and not -for -profit entities. As part of the
management team, Mike completed or assisted in the completion of
approximately 100 audits for governmental and non-profit clients.
Mike later joined a leading SEC auditing firm where he specialized in public sector
clients, small -cap publicly traded companies and other complex accounting issues while
leading the firm's public sector practice.
Educational Background
■ Certified Public Accountant, State of Texas
■ BBA in Accounting, Sam Houston State University
■ Certified Six Sigma Greenbelt
Experience
■ Over 10 years of private sector and public accounting experience
■ Completed or assisted with completion of approximately 200 public sector audits
■ Completed over 50 single audits in accordance with OMB Circular A-133
■ Implementation of GASB 54 through 72
Professional Organizations
■ Government Finance Officers Association
■ GFOA Special Review Committee
■ American Institute of CPAs (AICPA)
15
BROOKS(71
p
—� - Certified Public Accountants
Anthony Cardiel, CPA, CFE
Audit Partner
Acardiel@BrooksCardiel.com
06.30.101t,
Anthony began his career at a regional accounting firm based in Texas
that specializes in auditing governmental and not -for -profit entities.
His experience included governmental entities with over $250 million
dollars in assets and revenues, sovereign nations, and an extensive
list of cities, counties, and other governmental entities. Anthony later served as CFO for
a leading oil and gas information company and brokerage. In past experience he acted as
operations manager for UPS as well as for the United States Army.
Educational Background
■ Certified Public Accountant, State of Texas
■ Certified Fraud Examiner, State of Texas
■ BS in Accounting, Northwest Missouri State University
Experience
■ Completed or assisted with the completion of approximately 150 public sector
audits
■ Completed over 30 single audits in accordance with OMB Circular A-133
■ Implementation of GASB 54 through 72
Professional Organizations
■ Government Finance Officers Association
■ GFOA Special Review Committee
■ Association of Certified Fraud Examiners — Houston Chapter
■ American Institute of CPAs (AICPA)
■ Texas Society of Certified Public Accountants (TSCPA)
16
;BROOKS(_- �� t
- -� Certified Public Accountants
Louis Breedlove
Audit Senior
LBreedlove@BrooksCardiel.com
06.30.2016
Louis began his career at a regional accounting firm that specializes
in auditing governmental and not -for -profit entities. Louis also has
experience auditing public sector clients, small -cap publicly traded
companies as well as large Fortune 500 and international
companies while employed at PriceWaterhouseCoopers.
Educational Background
■ BBA in Accounting, Southwestern Assemblies of God University
Experience
■ Over 5 years of private sector and public accounting experience5
■ Implementation of GASB 54 through 72
■ CPE — Yellow Book Compliant
17
ROOKS ARDIEL, PLLC
Certified Public Accountants
06.30,2016
Additional Services
Rendered
Gov't Name
Type
Engagement Date
City of Forney
Internal Control Engagement Document
09/30/2013
Processes, Recommendations for Improvement
Agreed Upon Procedures, Tax Office Internal
Control Evaluation and Fraud Review
09/30/2012
Liberty County
09/30/2013
Agreed Upon Procedures, Attorney's Office
Internal Control Evaluation and Fraud Review
City of Lancaster
Agreed Upon Procedures, Municipal Court
9/30/2014
Fraud & Internal Control Review
Gonzales Economic
Agreed Upon Procedures, Economic
9/30/2015
Development Corporation
Development Agreement Review
City of Pilot Point
Project Accounting Consulting -
9/30/2015
Recommendations for CIP software and process
10
,BROOKS"'.,
— — -- -— Certified Public Accountants
0.. 0.2010
Specific Audit Approach
Audi- Segmentation and Staff Hours
Financial Audits
Experienced
Associate
Audit Senior
Partner
Reviewing
Partner
Risk Assessment and Control
Evaluation & Planning
10 hours
15 hours
15 hours
5 hours
Cash
10 hours
5 hours
4 hours
2 hours
Receivables & Revenues
10 hours
10 hours
5 hours
2 hours
Capital Assets
10 hours
10 hours
5 hours
2 hours
Accounts Payable & Expenditures
10 hours
10 hours
5 hours
2 hours
Long -Term Liabilities
10 hours
15 hours
5 hours
2 hours
Deferred Revenue
5 hours
5 hours
2 hours
1 hour
CAFR Preparation
10 hours
20 hours
10 hours
5 hours
Total Hours
237 hours
Knowledge Based Audit Approach
BrooksCardiel uses a knowledge -based audit methodology to efficiently and effectively
perform financial statement audits of governmental entities in accordance with auditing
standards generally accepted in the United States of America (GAAS). This is
accomplished by obtaining an understanding of the City and its environment to
19
7K�C - v I lr `1( I
ROOKS(_- ! 1 IL\% 1r 1i_ j f�r� \
— — Certified Public Accountants
0630.)016
sufficiently assess the risk of material misstatement. Audit procedures are then designed
and performed in response to the risk of material misstatement.
All audit procedures performed will be done so by the professionals of BrooksCardiel,
PLLC who are dedicated to maintaining a presence throughout the audit process. Their
goal in this is to reduce the burden on City staff while adhering to the established budget
and timeline. These procedures are more fully detailed in the Audit Approach section of
this proposal and will be conducted in accordance with the following standards:
• Generally Accepted Auditing Standards established by the American
Institute of Certified Public Accountants.
• Financial Audit Standards established by the General Accounting Office's
Government Auditing Standards.
• All provisions of the Single Audit Act and the U.S. Office of Management
and Budget Circular (OMB) A-133 audits of states, local governments and
not -for -profit organizations.
Planning
The planning phase involves developing the overall audit strategy for the expected
activities, organization, and staffing of the audit. We will plan the audit to respond to the
assessment of the risk of material misstatement based on our understanding of the City,
its environment, and internal controls.
Our understanding of the City and its environment will include the following:
• Industry, regulatory, and other external factors;
• Nature of the City;
• Objectives, strategies and related risks that may cause material misstatement of
the financial statements;
• Measurement and review of the City's financial performance;
• Internal controls
20
BROOKS/ AR 11-1. 11 � 1,,
_ Certified Public Accountants
06.30.2016
Prior to our first day of field work, we will schedule a meeting to discuss the desired
timeframe, estimated report delivery, and extent of management and auditor
responsibilities as it relates to the audit.
Internal Control Evaluation
Audit standards require that we obtain an understanding of the City sufficient to evaluate
the design of the internal controls and to determine whether they have been
implemented. Our understanding of the City's internal controls will include the control
environment, risk assessment, information and communication systems, control
activities, and monitoring controls. Our risk assessment and control evaluation will
include:
• Conducting interviews of selected management and staff;
• Evaluating the City's financial reporting and management policies, budget
documents and process, and informational systems;
• Documenting our understanding of the City's entity wide control environment
and activity level controls;
• Testing the design and implementation of selected key controls by performing a
walk-through of the selected transaction class;
• Testing the operating effectiveness of selected controls.
The results of our risk assessment will allow us to identify and assess the risk of material
misstatement within the City and design the extent, nature, and timing of our substantive
audit procedures and develop our audit plan. Any control deficiencies identified during
the planning phase and interim audit will be communicated to management
immediately.
Fieldwork and Substantive Testing
Based on the results of our risk assessment and internal control evaluation, a specific
audit plan will be designed to focus expanded procedures on areas with the greatest risk
of material misstatement, error, and fraud. We will use tests of details, substantive
21
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ROOKS 1 li > II
— --- Certified Public Accountants
06.30.2016
analytical procedures, or a combination of the two to conclude on the reasonableness of
the given transaction class or account balance. Typical substantive procedures include:
• Agreeing the financial statement elements to the underlying accounting records
including year-end account balances and transaction activity occurring
throughout the year;
• Confirming cash held in bank and investment accounts, accounts receivable,
inventory held by others, and material grants;
• Perform specific analytical procedures - considering historical trends and events
within the City.
Statistical Sampling and Sample Sues
The extent to which statistical sampling will be used and related sample sizes will be
determined based on the results of our risk assessments.
Electronic Data Processing
BrooksCardiel, PLLC will utilize current technology to complete your audit. Electronic
data processing will be used throughout the audit to extract data from your City's
accounting software. The data will be processed with our audit software to ensure the
efficiency of your audit.
Analytical Procedures
Analytical procedures will be used throughout the engagement in almost every aspect of
the audit. Procedures will include comparing balances, activities and ratios to historical
data, comparative entities, as well as local and regional trends.
Completion
At the conclusion of every audit, we will decide whether sufficient audit evidence has
been accumulated to warrant the conclusion that the financial statements are fairly stated
22
��BROOKSCARL�IEI,9 I�L,L��P`
— --�� --� -_- Certified PLiblic Accountants
06,30.2016
in accordance with generally accepted accounting principles (GAAP). Prior to issuing our
audit report we will perform the following procedures:
• Evaluate the sufficiency and appropriateness of audit evidence obtained;
• Perform an overall analytical review;
• Evaluate and conclude on the results of audit procedures, adjustments, and
unadjusted misstatements;
• Provide all adjusting entries noted during the audit to the City Council and
management;
• Prepare or assist in the preparation of the City's Comprehensive Annual
Financial Report;
• Communicate any audit findings and issues with management and those
charged with governance.
Compliance with Laws and Regulations Approach
to Compliance Testing
Compliance with laws and regulations, including, but not limited to the Public Funds
Investment Act, Texas State Government Code and grants received. Compliance testing
will be performed as required by Circular A-133 and the Single Audit Act, grant
agreements, financing agreements, or any other compliance requirements as applicable.
Expectations from City Staff
We will expect the City to provide commonly requested schedules such as a schedule of
receivables due at year end, a schedule of capital assets that includes additions and
disposals, a schedule of cash accounts, a schedule of prepaid insurance and a long-term
debt schedule as applicable. We will also expect assistance with the preparation of
confirmations to banks, attorneys, debt holders, etc.
23
�:�BROOKSCARDIEL, PLLC
—Certified Public Accountants 06.30.2016
Progress Meetings
Prior to beginning fieldwork, SrooksCardiel will schedule an initial planning meeting
with management to discuss the anticipated time frame, audit requests, and client
involvement needed to accomplish our goal. During the fieldwork, we anticipate having
additional meetings to discuss the audit progress to date, as needed. In addition, we will
immediately schedule a consultation should unforeseen issues and audit findings come
to our attention. Prior to the conclusion of the audit, we will provide management a copy
of any draft findings and welcome client feedback before final issuance of our report and
management letter.
Identification of Anticipated
Potential Audit Problems
We do not anticipate any potential audit problems during our proposed engagement.
Quality Control Procedures
Every audit engagement undergoes an initial partner and second partner review process.
We have structured our firm around audit quality and take great pride in our ability to
offer our clients accurate, efficient, and timely audits. We do not employ any staff
auditors. Your audit will be performed by an audit partner and a directly supervised
audit senior. With this approach, we are able to minimize mistakes, address issues
immediately, and give our clients access to the most experienced personnel in our firm,
should they have any questions or concerns. Prior to issuance, our clients are provided
with the draft financial report and letters for review.
24
,,
-BROOKS + { �,
-- - ---- _ - Certified Public Accountants
Proposed Timeline
06.30.2016
Financial Statement Audits
Proposed scheduling
Interim Audit Work Concluded
Prior to August 31 of each year.
Development of an audit plan and PBC schedules
Prior to September 30 of each year.
Audit Field Work
November/December of each year.
Draft Reports and Management Letter
Prior to January 31 of each year.
Final Reports and Management Letter
Prior to February 28 of each year.
Final Presentation to City Council
March Council meeting each year.
Submission of CAFR to the GFOA
Immediately following Council
Presentation:
25
'f
--_» Certified Public Accountants
Total All -Inclusive Maximum Price
Name of Firm: BrooksCardiel, PLLC
06.30.2016
Cost Bid
Certification that the person signing this proposal is entitled to represent the Firm and
authorized to sign a contract with the City of Anna, Texas.
So Certified,
Name: Michael Brooks, CPA
Title: Partner
Signature:
Total all-inclusive maximum fees for:
Fiscal Year Financial Statement Audit
2016 $17,025
2017 $17,325
1W
,BROOKSCARDIEL, PLLC
--- Certified Public Accountants
06.30.2016
Schedule of Professional
Fees and Expenses
We understand that cost is not the only factor considered when making your auditor
selection but we also understand the budgetary constraints affecting most governments
during the current economic environment. As you are aware, we see the City of Anna as
an important client and one that we would like to do business with into the future. As
such, we will offer unlimited technical assistance and guidance at no cost throughout the
year. The fee below includes the financial statement of the City of Anna, preparation of
the CAFR, & unlimited technical assistance throughout the year.
Experienced
Reviewing
Financial Audit
Audit Senior
Partner
TOTAL
Associate
Partner
Risk Assessment and Control Evaluation
Cash
Revenues & Receivables
Capital Assets
Accounts Payable & Expenditures
Long-term Liabilities, Including Pensions
Deferred Revenue
CAFR Preparation
Quoted hourly rates
Extended fees at quoted
10
15
15
5
45
10
5
4
2
21
10
10
5
2
27
10
10
5
2
27
10
10
5
2
27
10
15
5
2
32
5
5
2
1
13
10
20
10
5
45
$75
$85
$125
$125
$5,625
$7,650
$6,375
$2,625 $
22,275
Total Hours 237
Extended Cost $ 22,275
Discount* $ (5,250)
Estimate (Total Not to Exceed Cost) $ 17,025
* Discount offered as an investment in building a long-term relationship with the City
27
�BROOKSC�. IEL9 PLLC
' --- Certified Public Accountants
06.30.2016
Rates for Additional
Professional Services
If it should become necessary for the City to request the auditor to perform additional
work as a result of the specific recommendations included in any report issued on this
engagement, then such additional work shall be performed only if set forth in an
additional contract between City of Anna and the firm. Any such additional work agreed
to by the City and the firm shall be performed at the same rates set forth in the schedule
of fees and expenses included in the sealed dollar cost fee.
Single Audit
We will work with you to identify any federal awards that might meet the criteria for an
(OMB) Circular A-133 audit. Should you require a single audit, we will charge a flat rate
of $2,500 for the audit of one major program.
Manner of Payment
BrooksCardiel, PLLC will bill hours of work completed during the course of the
engagement and out-of-pocket expenses incurred in accordance with the firm's dollar
cost fee proposal. The invoice shall provide detail, including number of hours completed
per individual and billing rate. Interim billing shall cover a period of not less than a
calendar month.
I
Item No. 10.
City Council Agenda
Staff Report
Meeting Date: 8/9/2016
YfOUR? HOMETOWN
AGENDAITEM:
Consider/Discuss/Action on a Resolution authorizing the City Manager to execute an engineering
task order with Birkhoff, Hendricks, and Carter, LLP for the Sherley Above Ground Storage
Reservoir Rehabilitation. (Joseph Johnson)
SUMMARY:
The 100,000 gallon Above Ground Storage Reservoir (AGSR) at the Sherley Pump Station was
inspected in 2015 and deficiencies were noted that should be mitigated. The tank has several
areas that need to be welded, the interior ladder needs to be replaced, the roof hatch needs to be
repaired and expanded and the coating is failing. The Greater Texoma Utility Authority is holding
Texas Water Development Board funds in the amount of $113,685.26 that can be used to
rehabilitate the AGSR .
The engineering services task order with Birkhoff, Hendricks, and Carter, LLP provides for design,
bidding, and contract administration services for the project. The engineering consulting fee
covering Basics Services (Part I -III) for the project is for the lump sum amount of $16,500.00 and
the additional services (Part IV) for the project is for the amount of $250.00, for a total not to
exceed amount of $16,750.00. The total estimated cost for the project including engineering and
professional services is $109,000. Funds are available for this project through a Texas Water
Development Board loan in the amount of $113,685.26.
STAFF RECOMMENDATION:
Staff recommends approval of the Resolution authorizing the City Manager to execute a task order
with Birkhoff, Hendricks and Carter, LLP for the Sherley Above Ground Storage Reservoir
Rehabilitation Project.
ATTACHMENTS:
Description
Resolution
Exhibit 1, Task Order
Upload Date Type
8/1 /2016 Resolution
ff,i Ki] i[:1•: M 111ZV
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE
CITY MANAGER TO ACT ON THE CITY'S BEHALF IN EXECUTING AN ENGINEERING
SERVICE TASK ORDER WITH BIRKHOFF, HENDRICKS AND CARTER, LLP FOR THE
SHERLEY ABOVE GROUND STORAGE RESERVOIR REHABILITATION PROJECT.
WHEREAS; The City has negotiated an engineering service task order with Birkhoff,
Hendricks, and Carter, LLP for the design, bidding, and contract administration of the Sherley
Above Ground Storage Reservoir Rehabilitation (AGSR) Project; and,
WHEREAS; the AGSR must be rehabilitated to avoid impacts to water quality and the safety
of City personnel; and,
WHEREAS; the amount of the engineering consulting fee covering Basics Services (Part 1-III)
for the project is for the lump sum amount of $16,500.00 and the additional services (Part IV)
for the project is for the amount of $250.00, for a total not to exceed amount of $16,750.00.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Approval and Authorization of Engineering Service Task Order.
The City Council hereby approves the Engineering Service Task Order with Birkhoff,
Hendricks and Carter, LLP for the Sherley Above Ground Storage Reservoir Rehabilitation
Project attached hereto as Exhibit 1, and authorizes, ratifies and approves the City
Manager's execution of same. The City Manager is hereby authorized to execute all
documents and to take all other actions necessary to finalize, act under, and enforce the
service task order agreement.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 9th day of
August 2016.
ATTEST: APPROVED:
City Secretary, Carrie L. Smith Mayor, Mike Crist
BIRKHOFF, HENDRICKS & CARTER, L.L.P.
PROFESSIONAL ENGINEERS
11910 Greenville Ave., Suite 600 Dallas, Texas 75243 Fax (214) 461-8390 Phone (214) 361-7900
JOHN W. BIRKHOFF, P.E.
GARY C. HENDRICKS, P.E,
JOE R. CARTER, P_E,
MATT HICKEY, P.E.
ANDREW MATA, JR., P.E.
JOSEPH T. GRAJEWSKI, 111, P.E.
DEREK B. CHANEY, P.E.
CRAIG M. KERKHOFF, P.E.
Mr. Joseph Johnson
Director of Public Works
City of Anna
3223 North Powell Parkway
Anna, Texas 75409
June 8, 2016
Re: General Engineering Services — Task Authorization
Rehabilitation & Recoating Sherley Site —100, 000 Gallon Ground Storage Reservoir
Dear Mr. Johnson:
In accordance with your request and our existing general engineering services agreement, we are pleased to
submit this General Services Task Authorization letter for services related to the preparation of specifications,
bidding documents and contract administration for the Rehabilitation & Recoating of the South Well —
100,000 Gallon Ground Storage Reservoir at the Sherley Tank Site. A project location map is attached to
this task authorization letter as Exhibit A.
GENERAL PROJECT DESCRIPTION
This task authorization is based on the following project parameters:
• Base Proiect
1. Both the interior and exterior coating system are to be completely removed
2. Replacing the interior access ladder and safety climb device
3. Installing safety climb device on the exterior ladder
4. Remedial Welding for miscellaneous repairs
5. Replacing the shell wall manway
6. Replacing the roof vent
7. Replacing the roof access hatch
8. Installing 6-inch internal fill pipe
9. Construction Contractor providing quality control and testing services
a Additive Alternate
10. Install yard piping w/ internal fill pipe from Well #1 to 300,000 GSR. Including taps for disinfection
11. Install yard piping w/ internal fill pipe from Well #5 to 300,000 GSR Including taps for disinfection
12. Install 12-inch equalizer pipe, above ground, with 12-inch gate valve and standon pipe support
Mr. Johnson
General Services Task Authorization
Sherley Site 100,000 gallon Ground Storage Tank Rehabilitation
June 8, 2016
Page 2 of 5
Based on our understanding of the project requirements, our opinion of probable construction cost for the base
project is in the range of $90,000, with the additive alternate in the range of $30,000. Our itemized opinion of
cost is enclosed for your review.
SCOPE of SERVICES
Part I: Preparation of Construction Plans, Specification and Bidding Documents
Preparing specifications and bid documents for repainting of the interior and exterior of the 100,000 gallon
Ground Storage Reservoir. The design phase services include:
A. Construction Plan Sheets prepared at a scale of not less than 1'= 40'
B. Standard Details and Special Details, including
1) Replacement of:
(a) Interior Ladder w/ safety climb
(b) Manway Hatchers
(c) Roof Vent
(d) Roof Access Hatch
(2) Installation of:
(a) Safety climb device on existing exterior ladder
(b) 6-inch inlet piping from existing yard piping
(c) Pressure gauge tap on fill pipe on exterior of tank
C. Layout of new paint scheme
D. Cover Sheet, Location Map and Sheet Index
E. Submittals to State Regulatory Agencies, as required
F. Design review meetings
G. Opinion of Probable Construction Estimate
H. Preparation of Specifications and Contract Documents with the inclusion of the Sherley Site
100,000 Ground Storage Reservoir Shop Drawings (if available from the City of Anna).
1. Printing of preliminary plans and specifications for review by the City.
Part II: Bidding Phase
A. Assist the City staff in advertising for bids. This will include e-mailing "Notice to Contractors" to
contractors experienced in this type of construction. City will have Notice published in local
newspaper.
B. Sell bidding documents to potential bidders and their suppliers and other parties.
C. Provide bidding documents to City of Anna, Dodge Reports and two other parties requested by the
City.
D. Assist during opening of bids and provide bidding tally sheets.
E. Provide bid tabulation to City and contractors who submitted bids.
F. Obtain the following information from the lowest bidder:
(1) Past work history,
(2) Physical resources to produce the project.
(3) Formulate opinion from information received and provide the City a summary of the opinion
for their use in selection and award of the construction contract.
G. After award of contract, furnish ten sets of prints of the final plans, specifications and contract
documents to the City for construction use by the City and Contractor.
Texas American Public Works Association 2010 Awardee
Environmental Project of the Year $10 - $100 Million
I:\7015 contdev\anna\2016 sherley gsr rehab\task authorization agreement. docx Texas Firm F526
Mr. Johnson
General Services Task Authorization
Sherley Site 100,000 gallon Ground Storage Tank Rehabilitation
June 8, 2016
Page 3 of 5
Part III: Construction Phase
A. Conduct pre -construction conference, including preparing an agenda.
B. Attend coordination meetings with contractor, quality control personnel, and City representatives to
discuss strategy, problem areas, progress, and any required coordination.
C. Review shop drawings and other submittal information, which the Contractor submits. This review
is for the benefit of the Owner and covers only general conformance with information given by the
Contract Documents. The contractor is to review and stamp their approval on submittals prior to
submitting to the Engineer. Review by the Engineer does not relieve the Contractor of any
responsibilities, safety measures or the necessity to construct a complete and workable facility in
accordance with the Contract Documents.
D. Provide written responses to requests for information or clarification to City or Contractor.
E. Prepare and process routine change orders for this project as they pertain to the original scope of
work.
F. Prepare monthly pay request from information obtained in the field.
G. Accompany the City during their final inspection of the project.
H. Recommend final acceptance of work based on information from the on -site representative.
I. Prepare Record Drawings. Utilizing on -site representative and Contractor construction record
information, consultant will prepare one set of 22"x 34"reproducible record drawings on mylar and
one set of electronic image files in Adobe Acrobat file format.
Part IV: Additional Services
A. Printing of final plans and specifications for distribution to prospective bidders and the successful
contractor
Part V: Exclusions
The intent of this scope of services is to include only the services specifically listed herein and none
others. Services specifically excluded from this scope of services include, but are not necessarily
limited to the following:
A. Providing on site project representative
B. Environmental impact statements and assessments
C. Fees for permits or advertising
D. Certification that work is in accordance with plans and specifications
E. Environmental cleanup
F. Quality control and testing services during construction.
G. On -site safety precautions, programs and responsibility
H. Consulting services by others not included in proposal
I. Fiduciary responsibility to the Client
J. Revisions and/or change orders as a result of revisions after completion of original design (unless
to correct error on plans)
Texas American Public Works Association 2010 Awardee
Environmental Project of the Year $10 - $100 Million
I:\7015 contdev\anna\2016 sherley gsr rehab\task authorization agreement.docx
Texas Firm F526
Mr. Johnson
General Services Task Authorization
Sherley Site 100,000 gallon Ground Storage Tank Rehabilitation
June 8, 2016
Page 4 of 5
COMPLETION SCHEDULE
Notice to Proceed From City ........................................... ????
Submit Preliminary Plans to City for Review ............... 3 — weeks after notice to proceed
Complete Final Plans ..................................................... 6 — weeks after notice to proceed
Advertise Project........................................................... 8-weeks after notice to proceed
Receive Bids.................................................................. 10-weeks after notice to proceed
Award Construction Contract: .......................................... 13- weeks after notice to proceed
Notice to Proceed with Construction: .............................. 14 weeks after notice to proceed
Construction Phase ........................................................ 2 months after notice to proceed with construction
FEE NOT TO EXCEED AMOUNT
Based on the General Project Description and our expected Scope of Engineering Services, we suggest the
City establish not to exceed fees for our services on this task as follows:
Basic Services:
Part I Design Phase: ........................................................................................ $12,000
Part II - Bidding Phase: .................................................. .................................... $1,500
Part III- Construction Phase............................................................................ $3,000
Total Amount, Basic Services (Parts I —HI) :.............. $16,500
Additional Services;
A. Printing of Final Plans and Specifications ............................................... $250
Total Amount, Additional Services (Part IV) :.................. $250
Total Amount Not To Exceed:
$16,750
If this General Engineering Services Agreement Task Authorization meets with your approval, please sign and
return one set to our office along with your directive to proceed. We look forward to working with you on this
important project for the City of Anna and are available to discuss this task further at your convenience.
Sincerely yours,
raig�M. , P. .
APPROVED FOR THE CITY OF ANNA, TEXAS
Mr. Philip Sanders, City Manager Date
cc: Mr. Philip Sanders.
Texas American Public Works Association 2010 Awardee
Environmental Project of the Year $10 - $100 Million
I:\7015 contdev\anna\2016 sherley gsr rehab\task authorization agreement.docx Texas Firm F.526
BIRKHOFF, HENDRICKS & CARTER, L.L.P. Project No.
PROFESSIONAL ENGINEERS
Client: City of Anna Date:
Project: 100,000 gallan GSR Rehabilitation
5th and Sherle By:
ENGINEER'S OPINION OF CONSTRUCTION COST
Cont Dev
8-Jun-16
CMK
Item No.
Description
I Quantity
Unit
I Price
Amount
1
For Abrasive Blasting and Cleaning the Interior Tank and Interior
Appurtences of the Tank, and Fully Containing all Blast Material and
Existing Paint Removal
1
L.S.
$ 12,000.00
$ 12,000.00
2
For Painting the Interior and Interior A rutences of the Tank
1
L.S.
$ 9,000.00
$ 9,000.00
3
For Abrasive Blasting and Cleaning of the Complete Exterior ot the
Tank, and Fully Containing all Blast Material and Existing Paint
Removal
1
L.S.
$ 12,000.00
$ 12,000.00
4
For Painting the Exterior of the Tank (Single Color to be selected by
the Owner)
1
L.S.
$ 14,000.00
$ 14,000.00
5
For Proper Disposal of Interior and Exterior Paint Removed, together
with Abrasive Blasting Media used during Blasting Operation.
1
L.S.
$ 1,000.00
$ 1,000.00
6
Remove and Replace Roof Vent
1
L.S.
$ 2,500.00
$ 2,500.00
7
Enlarge Roof Access Hatch and Cover to a minimum 30-inch
Diameter Opening. Install Hand Railing
1
L.S.
$ 5,000.00
$ 5,000.00
8
Perform Remedial Welding, when requested by the Owner
15
Hr
$ 125.00
$ 1,875.00
9
Remove and Replace Manwav to meet TCEQ standards
1
Ea.
$ 4,000.00
$ 4,000.00
10
Remove and Replace Interior Ladder including New Safety Climb
Devices and Structural Modifications
1
L.S.
$ 5,000.00
$ 5,000.00
11
Install Safety Climb System on Exterior Ladder
1
L.S.
$ 2,500.00
$ 2,500.00
12
Install 6-inch Inlet Pipe w/ Appurtences
1
Ea.
$ 7,500.00
$ 7,500.00
13
Install Ta for Pressure Gau e
1
Ea.
$ 500.00
$ 500.00
14
Lead test on existing paint
1
Ea.
$ 1,000.00
$ 1,000.00
Subtotal:
$ 77,875.00
Contingencies and Miscellaneous Items
15%
$ 11,681.25
Construction Total:
$ 89,556.25
En ineerin , Bidding and Construction Administration
$ 16,750.00
Quality Control and Material Testing
2.5%
$ 2,238.91
Project Total:
$ 108,545.16
USE:
$ 109,000.00
Item No. 11.
City Council Agenda
Staff Report
Meeting Date: 8/9/2016
YOUR) HOMETOWN
AGENDAITEM:
Consider/Discuss/Action on a Resolution approving a Professional Services Agreement with AT&T
Corp. (Clark McCoy)
SUMMARY:
A portion of the property located at 10795 Central Expressway, was recently condemned by the
State of Texas to acquire right-of-way for US 75. The taking of the right-of-way has created issues
related to the property that do not conform to the City's zoning ordinance. The Owner of the
property (AT&T) has requested that the City make certain determinations with respect to the
whether the status of the property (post- taking) will be legal nonconforming under the zoning
ordinance.
The City Attorney and the Planning department staff have been working with the Owner over the
past several months on a way to deliver those assurances in a manner that is acceptable to both
parties. In making those determinations, the City has and will incur fees and associated expenses
for professional services related to the City's consideration of the above -referenced
determination. The attached Professional Services Agreement outlines the Owner's agreement to
reimburse the City for those costs.
STAFF RECOMMENDATION:
Staff recommends approval of the attached Resolution and Professional Services Agreement
ATTACHMENTS:
Description Upload Date Type
Resolution 8/4/201 E Resolution
Exhibit 1, Professional Services Agreement 8/4/2016 Exhibit
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF ANNA, TEXAS (CITY) AND AT&T CORPORATION
(OWNER), AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME ON
BEHALF OF THE CITY.
WHEREAS, the Owner owns real property located at 10795 Central Expressway, Anna,
Texas 75409 (the "Property"), which is located within the City's corporate limits; and
WHEREAS, a portion of the Property is being condemned by the State of Texas for
right of way purposes; and
WHEREAS, if and after said condemnation is completed, a portion of the Property will
continue to be under Owner's ownership (the "Post -Take Property"); and
WHEREAS, the Owner anticipates that it will apply for a building permit from the City for
certain improvements to be constructed on the Post -Take Property; and
WHEREAS, the Owner desires that the City consider making certain determinations
with respect to the whether the status of the Post -Take Property will be legal
nonconforming; and
WHEREAS, such determinations would be made by the City Council of the City of Anna
("City Council"); and
WHEREAS, in making such determinations, the City Council will require information and
opinions to be provided by the City's legal counsel; and
WHEREAS, the Owner recognizes that the City has and will incur fees and associated
expenses for professional services related to the City Council's consideration of the
above -referenced determination and the Owner is willing to reimburse the City as set
forth in this Agreement; and
WHEREAS, the Owner and the City are in agreement as to an appropriate
reimbursement amount;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Approval of Agreement
The City Council hereby approves the Professional Services Agreement, attached
hereto as Exhibit 1, incorporated herein for all purposes and authorizes the City
Manager to execute same on behalf of the City. The Agreement is not valid unless
properly executed by the City Manager.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 9t"
day of August, 2016.
ATTEST:
APPROVED:
City Secretary, Carrie L. Smith Mayor, Mike Crist
PROFESSIONAL SERVICES AGREEMENT
This PROFESSIONAL SERVICES AGREEMENT (this "Agreement"), dated the 9th day of
August, 2016 (the "Effective Date"), is entered into by and between the CITY OF ANNA, TEXAS,
a home -rule municipality organized under the laws of the State of Texas (the "Cifty"), and AT&T
Corp., a corporation organized under the laws of the State of New York (the "Owner").
RECITALS:
WHEREAS, the Owner owns real property located at 10795 Central Expressway, Anna,
Texas 75409 (the "Property"), which is located within the City's corporate limits; and
WHEREAS, a portion of the Property is being condemned by the State of Texas for right
of way purposes; and
WHEREAS, if and after said condemnation is completed, a portion of the Property will
continue to be under Owner's ownership (the "Post -Take Property"); and
WHEREAS, the Owner anticipates that it will apply for a building permit from the City for
certain improvements to be constructed on the Post -Take Property; and
WHEREAS, the Owner desires that the City consider making certain determinations with
respect to the whether the status of the Post -Take Property will be legal nonconforming; and
WHEREAS, such determinations would be made by the City Council of the City of Anna
("City Council"); and
WHEREAS, in making such determinations, the City Council will require information and
opinions to be provided by the City's legal counsel; and
WHEREAS, Owner recognizes that the City has and will incur fees and associated
expenses for professional services related to the City Council's consideration of the above -
referenced determination and the Owner is willing to reimburse the City as set forth in this
Agreement; and
WHEREAS, the Owner and the City are in agreement as to an appropriate
reimbursement amount;
AGREEMENT:
NOW THEREFORE, in consideration of the mutual promises set forth in this Agreement,
the City and Owner's Representative agree as follows:
Page 1 of 3
1. Recitals. The representations, covenants, and recitations set forth in the foregoing
recitals and in this Agreement are material to this Agreement and are hereby
incorporated into and made a part of this Agreement as though they were fully set
forth in this paragraph.
2. Owner's Payment. Promptly following both parties' execution of this Agreement,
Owner shall cause to be deposited with the City the sum of $1,500 (the "Owner
Payment"). The amount representing the Owner Payment shall be nonrefundable,
and shall not be contingent upon any outcome of the City Council's determinations
with respect to the status of the Post -Take Property.
3. Council Determination. The City Council shall make a determination with respect to
the whether the status of the Post -Take Property will be legal nonconforming.
4. Entire Agreement; Amendment. This Agreement constitutes the entire agreement
between the Parties regarding Professional Services. This Agreement may not be
amended except by a written instrument signed by both the City and Owner's
Representative.
5. Governing Law. This Agreement shall be governed by, and construed in accordance
with, the laws of the State of Texas.
[Remainder of Page Left Blank Intentionally]
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EXECUTED BY THE PARTIES TO BE EFFECTIVE ON THE EFFECTIVE DATE:
CITY OF ANNA
0
Philip Sanders, City Manager
Date:
OWNER
AT&T Corp.
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its
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Item No. 12.
City Council Agenda
Staff Report
Meeting Date: 8/9/2016
YOUR) HOMETOWN
AGENDAITEM:
Consider/Discuss/Action on a Resolution approving an Estoppel Certificate for a legal
nonconformance of property located at 10795 Central Expressway. (Clark McCoy)
SUMMARY:
A portion of the property located at 10795 Central Expressway, was recently condemned by the
State of Texas to acquire right-of-way for US 75. The taking of the right-of-way has created issues
related to the property that do not conform to the City's zoning ordinance. The Owner of the
property (AT&T) has requested that the City make certain determinations with respect to the
whether the status of the property (post- taking) will be legal nonconforming under the zoning
ordinance.
The City Attorney and the Planning department staff have been working with the Owner over the
past several months on a way to deliver those assurances in a manner that is acceptable to both
parties. AT&T has requested that the City issue an Estoppel Certificate, that confirms the legal
nonconforming status of the post -take property and expressly recognizes and acknowledges that
AT&T Corporation intends to rely on the confirmation letter issued by the City.
STAFF RECOMMENDATION:
Staff recommends approval of the attached Resolution
ATTACHMENTS:
Description
Resolution
Exhibit 1, Estoppel Certificate
Exhibit A, Confirmation Letter
Upload Date Type
8/4/2016 Resolution
8/4/2016 Exhibit
8/4/2016 Exhibit
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS
APPROVING AN ESTOPPEL CERTIFICATE FOR A LEGAL NONCONFORMANCE
OF PROPERTY LOCATED AT 10795 CENTRAL EXPRESSWAY
WHEREAS, the City of Anna City Council has received a request from AT&T
Corporation to issue an Estoppel Certificate for a legal nonconformance of property
located at 10795 Central Expressway; and
WHEREAS, the City of Anna City Council desires to issue the Estoppel Certificate to
satisfy AT&T Corporation's request as further detailed in Exhibit 1 attached.
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 Estoppel Certificate
The City of Anna City Council approves the Estoppel Certificate attached hereto as
Exhibit 1, incorporated herein for all purposes, and authorizes the Mayor to execute
same on its behalf.
PASSED AND APPROVED by the City Council of the City of Anna this 9t" day of
August, 2016.
ATTEST: APPROVED:
City Secretary, Carrie L. Smith Mayor, Mike Crist
ESTOPPEL CERTIFICATE
(Legal Nonconformance of Property Located at 10795 Central Expressway, Anna, Collin County, Texas
75409)
August , 2016
AT&T Corporation
208 S. Akard Street
Dallas, Texas 75202
Re: Legal Nonconformance of Property Located at 10795 Central Expressway, Anna, Collin County,
Texas 75409 (the "Post -Take Property")
To Whom it may Concern:
The City Council of the City of Anna, Texas (the "City Council") has been advised by its legal counsel regarding the
above -referenced matter, and after careful consideration of same has determined that the content in the letter from
Philip Sanders, City Manager, sent to AT&T Corporation, dated August , 2016 (the "Confirmation Letter") is
true and correct in its content as of the date of this Estoppel Certificate and hereby certifies that the City of Anna
will not in the future take any action inconsistent with the contents of said letter.
The City of Anna hereby further states, certifies and acknowledges to AT&T Corporation the following matters as
they relate to the Post -Take Property:
A true, correct, and complete copy of the Confirmation Letter is attached hereto as Exhibit A.
The City of Anna incorporates the Confirmation Letter as if set forth in full herein as it relates to the Post -
Take Property and all other statements and contents of said letter.
The City of Anna, in issuing this Estoppel Certificate, confirms the legal nonconformity status of the Post -
Take Property, expressly recognizes and acknowledges that AT&T Corporation intends to rely on the
Confirmation Letter, to its potential detriment, in settling and finalizing the condemnation proceeding with
the State of Texas set forth in the Confirmation Letter.
IN WITNESS WHEREOF, the undersigned have executed this Estoppel Certificate on the dates set out
below to be effective as of the date first above written.
APPROVED:
Mayor, Mike Crist
ATTEST:
City Secretary, Carrie L. Smith
ESTOPPEL CERTIFICATE - PAGE SOLO
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Exhibit A
EXHIBIT A- CONFIRMATION LETTER
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August , 2016
AT&T Corporation
208 S. Akard Street
Dallas, Texas 75202
Re: Legal Nonconformance of Property Located at 10795 Central Expressway, Anna,
Collin County, Texas 75409
Dear AT&T Corporation:
This letter is being provided by the City Zoning Administrator of the City of Anna (the "City")
to confirm the legal non -conformity status under the Anna City Code of Ordinances, Part III — C
(Zoning Ordinances) (the "City's Zoning Ordinances") of the property located at 10795 Central
Expressway, Anna, Collin County, Texas 75409, which is owned by AT&T Corporation
("AT&T") (the "Original Property").
The City's Zoning Ordinances, under Section 39.02(a), provide nonconforming status protection
to properties in certain circumstances. The language of Section 39.02(a) of the City's Zoning
Ordinances is as follows:
"A Nonconforming Use existing at the date of enactment of this Part of the
Code, although such use does not conform to the provisions hereof, may be
continued, but if the Nonconforming Use is discontinued for a period of 12
consecutive calendar months it shall not thereafter be resumed and any
future Use of such Building or land shall occur solely in conformity with the
applicable provisions of this Part. The Use of land, if changed from a
Nonconforming Use, shall be in conformity with the provisions hereof."
(emphasis added).
The currently existing improvements on the Original Property were initially constructed and
placed into use as a telecommunications degeneration site in the year 2007, prior to the
annexation of the Original Property into the City on December 14, 2010 under City Ordinance
No. 522-1010. Pursuant to Section 39.02(a) of City's Zoning Ordinances, the existing
improvements and use of the Original Property may be continued beyond the annexation, so long
as the use is not discontinued for 12 consecutive calendar months.
As of the date of this letter, the State of Texas is in the process of condemning a portion of the
Original Property for the purpose of expanding Central Expressway, which will create a new
tract with newly configured property boundaries differing from those pertaining to the Original
Property (the "Post -Take Property").
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AT&T Corporation
Page 2
July , 2016
Since the Post -Take Property will first come into being as a separately owned and configured
tract at the time of the condemnation, I interpret the "date of enactment of this Part of the Code"
for purposes of applying Section 39.02(a) to the Post -Take Property as being the date of the
condemnation, with the effect that any nonconformities of the existing improvements and use of
the Post -Take Property existing as of the date of the condemnation may continue as provided in
Section 39.02(a). My interpretation is partially based on the definition of a nonconforming use in
39.01(b) to include a use that was:
on or a ter the effective date of this Part of the Code, being lawfully operated
or occupied in accordance with this Part of the Code but which purpose(s),
by sole reason of ... governmental action, is not permitted in the applicable
district.
I consider the condemnation by the State of Texas to be a "governmental action."
Further, since reconstruction of the existing fence located on the Original Property will be
necessary as a result of the condemnation, I believe that the reconstructed fence, if built in
accordance with plans reflected in the application for a building permit issued by the City, should
be considered as having been in place on the date of the condemnation, even though actual
installation of the reconstructed fence may follow the effective date of the condemnation by
some period of time. Sincerely,
Philip Sanders
City Manager
City of Anna
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