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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. CYPRESS WAY HICKORY ARIN WAY d r 0 O O w J 2 s h� J O' V F Z O J a � w x U ELM STREET WHITE PINE TRAIL h� O BIRCH WOOD ROAD U ms W SABLE WOOD DRIVE W a Y U CEDAR WOOD TRAIL ro WALNUT WAY I[= - TAYLOR BLVD CH RED ROCKRIDGE TR. 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 CYPRESS WAY LRE ANDARIN WA K F- 0 O O w J Q 2 s h� J C, E O DRIVEco g SWEET GUM DR. WHITE PINE TRAIL k� -- a h� BIRCH WOOD ROAD SABLE WOOD DRIVE: CEDAR WOOD TRAIL WALNUT WAY a= � TAYLOR BLVD STREET TR. I 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. FND 'sDo^ NAIL �_ IN A 26- TREE �PoF 0.9 Ij 0.7' 0.2' E D 40 GRAPF[IC SCALE 1sla�.m�r ANOS P. WONBLE 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. 66,0p• CAB, N. SLIDE101 — ~ J I CREEK I I' I I /' 17 I / 1 7 _ x FEE For N 4 Ij€Eli / W CREEK '~ a � f` ----�PPROAMATE LOCATION /! OF HIGHBANK- ox / z I D 3/8' I.R. X� 3� r � V f� O SHELLY A O'BIFA DOC, NO. 94-0074486 M POST D.R.C.C.T. CORNER 9.6, F B' 2q x� OS2• o' BR CK 20.6' WELL / v 4s, 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( Ul 0 SET 1/2- LR. N SHELLY A. O'BIER - DOC, NO. 94-0074485 D.R.C.C.T. h A w W 1D --....--------..___ ___ ____ ___ ____ __.._.-- ___ _..__._.. ___,. __.. ___ _-- _' 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) a ti, ^ Bp R. .W. RESER TIOM'! ( ,� + O 0.75 In ' p ! I'- I a A. APPROXIMATE N OF SPROTORM SHEL_ HIXISiNG UNOERGN D �SIVRM SHELTER �,. ENTRANCE M U p 7 M !i 0 1A' CIXIRUGA NETAL PIPE FENCE POST it NtlERGROUN FOR CORNER U MEXTL PPE BURIED UNDERGROUND 8FGINNING 737 OS49_ 5U (MEAS) 1/2- Ell FLOOD ZONE This is to —ffy NaI the a8ata sham pmpedyas published In Comm[mlly Pane1480130 01x801 lks thb Zang X & A. map dated 0"2.2009 Pf tha Rloee Insurance Beta IAap. PuF.EM.A.P-1I-- Rate Map, 2PPe A Is an amaofthe IO Y—Roodple, Btlh m base nand HevaWns aelemSiea. I.1e. �iw.wH•uw ��r+lu„se.:�d.rew,�r �Hr�Yvr, eb t--,..-�N+e.�R •,.,a .m., ,m• ara"+re 1 a�m'r=M":.'�.snis i:8cW Cu Pn BaX� ar<srrr�.Be,.,.�re., �s--a.�v>t�trrw,asx.cwaMsw alloNe W] 'A pr �r�-tiiui e� rcF dry �rnM F-I am �m oFF-I �m iaUE ��a HH W �E Irm I 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 TERRA COTTA TURF AREA SB FIELD = 11,890 SO FT 12"X6" CONC. CURB PERIMETER SB FIELD = 832 LF TENNIS SURFACE = 59,036 SQ FT CONCRETE SIDEWALK AREA 53,872 SO FT AREA OF SOD AT FRONT ENTRY 8,731 SO FT EXISTING SOCCER/FOOTBALL FIELD EXISTING PARKING (-400 SPACES) EXISTING LIGHT POLEUCHT�POLE EXISTING,EXISTING' LIGHT -POLE •...•"..."•�. �. EXISTING v LIGHT, LIGHT POL CONCRETE" W W is W 24' EXISTING W W SOD . UAUTY VALVES .� �..�.�.�.O.�WCI.�.�.�.�.�.�.�.�.�. VAULTS. . �36'-8^ ..EXISTING /�7/�/�,,E] • ° 8' DO LE :1� + y " 24' ARCHED GATE W W W W W W 8 �. "" .VAWiES "" ENTRY •� 8' ARCHED ENTRY gp' R,n' 4' GATE Rn' FF' u u 6' 6' �� A •,°""" - •° • N • ACRYLIC .1 TENNIS SURFACE ° >i 3' GATE 4 3' GATE LE e 4 • a• ° N A° i a . a • e• 1 LAYOUT PLAN Scale: 1:40 ACRYLIC TENNIS SURFACE NET WITH POSTS , 3' GATE A o- 3' GATE ° PORTABLE ® BLEACHER •. a .• PORTABLE RI CH 3' GATE ACRYLIC TENNIS SURFACE ACRYLIC TENNIS SURFACE i -6 _ 4. GATE e nm a �2' DOUBLE<GATE PL)SBENCH REFEREE • . . '° Cf AIR ; e 4'XX8� A.D.A. COi�iPUAW PORTABLE PICNIC TABLE BLEACHER •• . °• a e • .rIA c -POLE • PROPOSED 12"X6" '• CONCRETE CURB •°41 FLAGPOLE EXISTING EXISTING O•� LIGHT POLE m LIGHT POLE ' EXISTINGAft Aft a0• A • T GATE t �. • ,• N 1' • 70' HIGH Aft EXISTING 40 4*LIGHT POLE 71-I— low ASPHALT PROPOSED 12"X6" ROAD CONCRETE CURB PROPOSED 12"X6" CONCRETE CURS 12' DOUBLE GATE FOUL HIGH FOUL POLE ° e 8� ARCHED i BATTING CAGE 3' GATE EM I NETTING SYSTEM DOUBLE ' ..F4.16GATE . 14' ARCHITECTURAI. PLAYERS '• • • a' ENTRY GATE 3' GATE BENCH I I 3' GATE •° • '� 18' T i I I a _ I e • r° 15' 15'- 3' GATE PLAYERS 111114EF • °• 23'•10�" BENCH •� QUICK CONNECT 1 < a AT BACK OF �IREFEREE ^ m TH CHAIR c4q `�- BULL PEN MOUND °• CLAY MATERIAL PORTABLE BLEACHER _ 7W HIGH n g_7^ LIGHT POLE ° 15 —6" 1 I ' 4 3; GA-IE • TI ; 4' GATE N alp PT nWM•d 1 ivt..Alm SCORE BOARD 0 FLAG POLE FLAG POLE 70' HIGH LIGHT POLE SYNTH C TURF I QUICK CONNECT b U n AT BACK OF q • PITCHER'S MOUND 70' FIIGH m L16HTa POLE • ° 4'X30' UT CLAY MATERIAL • NG e., 4 ,p • e 1 1 1 � • 4'X30' DUGOUT — • RAILING CLAY MATERIAL •�s PROPOSED 12"X6" QUICK CONNECT CONCRETE CURB "° PROPOSED 8" CMU DUGOUT -Ig' AT BACK OF ' < • trp, BACKSTOP WALL �, BULL PEN MOUND lb •-R2'-8" 30' o • 6 70' HIGH 3' GATE LIGHT POLE • m' @��®® • • . °�' • PROPOSED 12" �.� CONCRETE CURB e 'to . • 11:-HIGHI , 4' GATE ` LIGHT POLE ° ,• :° e• HIGH LIG • •i0 •� LIGHT POLE e x • 12' DOUB • ° 0' •HIGH ° GATE ° ° • • •e � OUL POLE'- a PROPOSED CURB . CONCRETE CURB •;4. • I 6AYTING GAGE I NETTING SYSTEM I N c'' PROPOSED 12"X6" I CONCRETE CURB I I3' GATE A. • •' • °•. ° PROPOSED 14'X6' CORCRET CURB 4' GATE ° 4' GATE STORAGE ROOM • :DUGOUT • 4 ° W DOUBLE GAdE 60. HIGH f °•UG.MT PALE �. e < A. e •° e N e • _ O / ° 1 3' GI 11 SYNTHETIC TURF -\ 4'X30' 1 - DUGOUT RAILING DUGOUT ,�9, ♦ PROPOSED 8" CMU BACKSTOP WALL 46'-1 ry� e-1 4'X30' 6g -Z 4' GATE • N ° 60' HIGH rn LIGHT POLE L'3 r r PROPOSED 12"X6" CONCRETE CURB d 30 —f HIGH —)"�_10" FOUL POLE 12' DOUBLE�' GATE SCORE BOARD FLAG POLE FLAG POLE 60' HIGH LIGHT POLE PROPOSED 12"X6" CONCRETE CURB UW�� 20' HIGH FOUL POLE �/ PROPOSED 3' GATE CONCRETE CURB12-XCURB N SCALE: 1:40 0 20 40 80 Lm J O O z � co v / x� x V D _ c: p z II REVISIONS DATE 6 Z29 Z2016 REVISION NO. A JOB NO. DATE DESIGN DRAWN CHECK FILE NAME SHEET 3 OF 9 ROSAMOND PARKWAY SITE in, ROSAMOND PARKWAY MAPLE 6JP p0 m y.0 N r a J J a I 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 BUILDING LINE UE UTILITY EASEMENT DE DRAINAGE EASEMENT ROW RIGHT OF -WAY SWE SIDEWALK EASEMENT WE WA TER EASEMENT 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' - 60.00_ - 60.00 - -' 60.00' - 60.00' 60.00" - - 69.00'- 50' OW 1- 69.00' - - 60.00' - - - 60.00 _ 60.00' - - 60.00' 60.00' 60.00' 60.00' I 60.00' 60.00' 60.00' 11550' 90.6 62.15' 134.88' Document 004-0178452 a ----- ----- ------ ----- ____ - ---- - - - - ----- ____ az �e5 e5 e5 e5 5� e5 5Fe5 5�5 10 b 5�5 OF.S F F 15' DE - ---- I �5' DE & SE by this Plc t --------------- - 5 -- - - - - ----------- x ( C / S" T 9 m N o �0 �0 P �0 Pe 00 Pe 00 e 00 G e I Z o I �0 cte 00 Gte 5 e5 0 5 e5 5F e5 1 OF 15' DE _ - UE 0 1 1 b 1, 1 0 1, 1 0 1, 1 0 1 L 1 L P P P P P 00 P 0 0 5 5 e 5 e5 I F S 5 a o 0 o p 2 0 1 21 b 0 p �, 0 a 1, 1 g P o P o0 0 P o 0 e 00 Pc 00 et I F e5 0 c e Block B / cr) V -- o N 0 0 0 0 N 0 0 0 0 07 to 1 1 1 1 0 0 L P e 00 0 p o ¢ F. o N o m p 0 o. 0 N 01 N 01 N 1' 21 p 1 1 P x1 I 00 p� L P 1 1 0 70,056 S.F. / ��� / 02 e 77,772 SF N 8 7131" W 7 6 5 4 3 2 1 `� 27 26 25 24 0 01 0 p 0 I 1 11 0 1' 71 0 01 0.23 Acres / Q / 1P P o° P�� Block F 3 23 21 20 I' 01 p 0 o /ti, 026 Acres ] / 17.92' 25' BL. I I L 25' H. Block B 22 I 19 18 17 16 / / 0 15 0 14 's• // // \C�� I 25' B. L. y Ito 5187 _ 6�03' - - ��• - - 0.�0 - 67Sp71 - - - g� J ao L - - - -� L - _ _ _ -- / �0� // /� 12 S 022942" W -� ��, o s�oa-- �o - s�oa'-- fib. - o. o - o� - - �� ---�� - I- o / N 00'4829" E - - 10' UE 166.58' 25'x25' 0 25 x25' 1 Z 00' 7 5� B(T0� - - 51 / 7 - - 1 5�' - - - 48.03 J X / N 447 S F 394.06' �0.00' 30500' O VAM CO VAM 10' UE S 897131"" E o - - N 897131_W - INDIAN CREEK 471.20 / // /� 0. 7 Acres 10' UE 14.80' 10' UE h 25"x25' 50' ROW 25x25'VAM 186.91' - - - 10.50' 1/Y MS VAM 10' UE 25 k25' � 25 z25' 327.99' 25 x25 oe �- � - 1f1' IPS F - - � - VAM VAM 10' UE ��AM 10' UE / / 25 x25' �� L5 �D -------®- -- ��-_ -- ------ L ' / / VAM SOR o 25 x25 VAM - - - _ _ 25 z25' N - - - y ---�-------------}--- ��'------- 5.5�8 -- �' - -� - --� 11 15' DE 15 0 75' B L. I o I I� I� �- - �l 7, 344 S F VAM75' B.L. 0 16 I 1 1 5' B L. 22 / �- - I � 1 .28' 0.77 Acres � ,, o I � 7, 800 S F. � 8, 672 S.F. � � 10, 789 SF � 26 � 27 � � 0.18 Acres% 2L 0, 703 S F 15 I L22 0. 20 A cres / ��° C>7 �?y� 0. 25 Acres 0. 23 A cres 10,882 SF 10,221 SF ti 25' B 1 �1 17 / we // I 1 120.00' h 12,515 SF / 19 20 ' V l 1 Q25 Acres 023 Acres o` I o \ 4 L21 h _ � L16 18.43' ss�2o /l / r6i V 029 Acres / 18 I I _J a 14 rn O rnoT a / 10 N a wq ?o ! !6 7, 200 . F. N 0 17 I� C� �I m 21 2 ?000 F / !s a 28 x Oo o / � / / 4 964 S F 0 0 V �e N� 5 c e5 O� N o m° �Q 7,200 SF �, I� o 7,721 SF, 7,200 SF Qo 25 / ��" // 0.34 Acres 0, 10 Oz P I 0.17 Acres ° Q o N L J 017 Acres o 7,544 SF 1 S 1769 7,200 SF 16 0 0.17 Acres �' 0.18 Acres 0.17 Acres / / 8,400 SF a o Block C 0 0� �� O s a I L23 � � 0.77 Acres / h• Q '`� / I \„ / Q�` � 0• S 0.79 Acres h 9,215 SF Q 1' 159.0T 67.00 74.4T I Q) � 120.00' I a , ` C6 �Qj / !�j �°� ?boo, oQ s / 63,}¢¢�q Q� �?oo N 0 27 Acres / 0 O o, I �i N 00'4829" E 13 12� s o• �° 67• 1 / N 8971 'Jl " W 300. 54' 11r is � , Block B o 35Z 16' m 7 6 40.01' , / QO/y Y ?�- 3.98' 0 29 / �° 0779 / w 9 0 200 S F 1� 20 7, 200 S F 7, 200 S F. / �rO�j. / N 0229'42" E o 0.77 Acres 0.77 Acres / / 24 V 15 ��� 98.93' Co 200 S F L24 18 0.17 Acres 7,376 SF 0.77 Acres � I 9,771 SF x? �� / s, t• x � / 8,067 SF / _ , 22 12,940 SF o 0.21 Acres p o00. h . s�. 0.77 Acres �/ ? G / 0.79 Acres / �� / - 1 120.00' 0.30 Acres 19 QO 4 p�0 ;y dd , �O'}O' Q�' P� �00' LoU / N / Ferguson Shannon Todd £step Gory Dole Arnold Emily May 12 8,514 S F 0 7 SOD S F /�� 00 (c�`�/ /�_ ?Oo 'c 7 69' yrO• �` 30 / 'V� �' 6i?o� 6 ,/o / &Christy Rochelle Block c, Lot 22 Brock e, t 21 8 O' Block C, Lot 23 Instr ,Y Instr I p - � 7,591 S F N Block E Q 20 Acres 0. 17 Acres �O / 23 7 200 S F / �� �3o O ��� / Instr J/ 20150121000070740 20131125001579790 7 200 5,F 0. 17 Acres S 14 Oo / // Sharkey Bryan Richard & 20131101001488820 50' ROW 0. 77 Acres - U 6�. F 0.77 Acres / / / 7,200 S. F 7 <' / 7 560 S, F /�P / Alicia Marie 1/�� N 8730'18" W L11 L12 65.46' 46.91' 65.46' 2Z93' ^�� ?oo �o e �60 O �?000 17 Acres ; ?boo. Q � / 0.77 Acres / Block C, Lot 24 t I J L13 18.55' N 8921'14" W 14.47' 5 oJ� / 22O 7.69" h31 Qq ��000 �o /P / Instr G E/eme - 5195 1/2i MS 120.00' 1/?- RS Q 20131210001625770 OS 7200 S.F p�• G i Horper Allison m 11 10 g 7 8, 859 S F / 24 G E W I 8 7, '00 S F 0. 77 Acres J� Jk 13 / 1 � slack a, Lot 7 3 F 3 6 0.20 Acres / / / /e / E N 8730'18" W / 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 .'l 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] Page 2 of 3 EXECUTED BY THE PARTIES TO BE EFFECTIVE ON THE EFFECTIVE DATE: CITY OF ANNA 0 Philip Sanders, City Manager Date: OWNER AT&T Corp. m its Page 3 of 3 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 i 6658546v.2 Exhibit A EXHIBIT A- CONFIRMATION LETTER i_6658546v.2 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"). i 6627466v.2 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 i 6627466v.2