HomeMy WebLinkAboutCCpkt2016-12-13A
Y{OUR} HOMETOWN
AGENDA
Regular City Council Meeting
Tuesday, December 13, 2016 @ 7:30 PM
Anna City Hall, Council Chambers
111 N. Powell Parkway, Anna, Texas 75409
The City Council of the City of Anna will meet in Regular Session at 7:30 PM, on
December 13, 2016, at the Anna City Hall, Located at 111 North Powell Parkway (Hwy 5),
to consider the following items.
Welcome to the City Council Meeting. Please sign the Sign -In -Sheet as a record of
attendance. If you wish to speak on an open -session agenda item, please fill out the
Opinion/Speaker Registration Form and turn it in to the City Secretary before the
meeting starts.
1. Call to Order, Roll Call and Establishment of Quorum.
2. Invocation and Pledge of Allegiance.
3. Citizen Comments.
Citizens are allowed three minutes to speak. The Council is unable to respond to
or discuss any issues that are brought up during this section that are not on the
agenda, other than to make statements of specific factual information in
response to a citizen's inquiry or to recite existing policy in response to the
inquiry.
4. Receive reports from Staff or the City Council about items of community interest.
Items of community interest include: expressions of thanks, congratulations, or
condolence; information regarding holiday schedules; an honorary or salutary
recognition of a public official, public employee, or other citizen (but not
including a change in status of a person's public office or public employment); a
reminder about an upcoming event organized or sponsored by the governing
body; information regarding a social, ceremonial, or community event organized
or sponsored by an entity other than the governing body that was attended or is
scheduled to be attended by a member of the governing body or an official or
employee of the municipality; and announcements involving an imminent threat
to the public health and safety of people in the municipality that has arisen after
the posting of the agenda.
5. Consent Items.
These items consist of non -controversial or "housekeeping" items required by
law. Items may be considered individually by any Council member making such
request prior to a motion and vote on the Consent Items.
a. Approve City Council Meeting minutes for November 8 and November 22,
2016. (City Secretary)
b. Review of Planning and Zoning Commission Minutes. (Maurice Schwanke)
c. Review minutes of the Economic Development Corporation meeting from
September 29, 2016. (Jessica Perkins)
d. Review minutes of the Community Development Corporation meeting from
September 29, 2016. (Jessica Perkins)
e. Resolution approving an Agreement with Collin County for Animal Sheltering
Services for FY 2017. (Chief Jenks)
f. Resolution approving an Agreement with Collin County for Animal Control
Services for FY 2017. (Chief Jenks)
g. Resolution approving an Agreement with Collin County for Police Dispatch
Services. (Chief Jenks)
h. Resolution approving a development plat of the Hartline Addition. (Maurice
Schwanke)
6. Consider/Discuss/Action regarding a Resolution approving a Second Amended
and Restated Facilities Agreement UDF Northpointe, LLC. - 184.01 Acre Tract.
(Maurice Schwanke)
7. Consider/Discuss/Action on an appointment to fill a vacancy on the Parks Advisory
Board. (City Council)
8. Consider/Discuss/Action on a Resolution making an appointment to serve a two-
year term on the Greater Texoma Utility Authority Board of Directors. (City Council)
9. Consider/Discuss/Action regarding an Ordinance replacing Ordinance No. 343-
2007 authorizing the Anna Fire Department to charge the cost of certain emergency
and rescue services within the response area of the Anna Fire Department. (Chief
Gothard )
10. Consider/Discuss/Action regarding a Resolution authorizing the City Manager to
execute a Services Agreement with Fire Recovery USA, LLC. (Chief Gothard)
11. Consider/Discuss/Action regarding a Resolution selecting a grant administration
consulting firm to perform administrative services for grant application services and
grant administration services upon successful award of 2017/2018 Texas
Community Development Block Grant program project funds. (Joseph Johnson)
12. Consider/Discuss/Action regarding a Resolution selecting an engineering
consulting firm to perform engineering services for a grant application and project
engineering services upon successful award of 2017/2018 Texas Community
Development Block Grant program project funds. (Joseph Johnson)
13. Briefing/Discussion regarding NTMWD Regional Wastewater System & Upper East
Fork Interceptor System Membership Request. (Joseph Johnson)
14. Briefing/Discussion regarding TxDOT Green Ribbon Program. (City Manager)
15. Consider/Discuss/Action regarding a Resolution casting a ballot for the election of
eight members to the TCAP Board of Directors. (City Council)
16. 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. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); City
Manager and City Secretary annual review.
b. Discuss or deliberate Economic Development Negotiations: (1) To discuss or
deliberate regarding commercial or financial information that the City has
received from a business prospect that the City seeks to have locate, stay, or
expand in or near the territory of the City of Anna and with which the City is
conducting economic development negotiations; or (2) To deliberate the offer
of a financial or other incentive to a business prospect described by
subdivision (1). (Tex. Gov't Code §551.087); discuss development of Q
Seminole Anna Town Center property and proposed CDC business park;
discuss commercial business prospects.
C. 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.
d. Consult with legal counsel regarding pending or contemplated litigation and/or
on matters in which the duty of the attorney to the governmental body under
the Texas Disciplinary Rules of Professional Conduct of the State Bar of
Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't
Code §551.071); discuss annexation regulations.
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.
17. Consider/Discuss/Action on any items listed on any agenda —work session, regular
meeting, or closed session —that is duly posted by the City of Anna for any City
Council meeting occurring on the same date as the meeting noticed in this agenda.
18. 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 and on the City Hall bulletin board at
or before 5:00 p.m. on December 13, 2016.
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: 12/13/2016
YfOUR? HOMETOWN
AGENDAITEM:
Approve City Council Meeting minutes for November 8 and November 22, 2016. (City Secretary)
SUMMARY:
STAFF RECOMMENDATION:
Staff recommends approval of the attached minutes.
ATTACHMENTS:
Description Upload Date Type
Proposed 11 /8 Minutes 12/9/2016 Exhibit
Proposed 11 /22 Minutes 12/9/2016 Exhibit
ANNA CITY COUNCIL
MINUTES
WORK SESSION
November 8, 2016
The City Council of the City of Anna met in Work Session on the above date at Anna
City Hall, located at 111 North Powell Parkway (Hwy 5), to consider the following items.
1. Call to Order, Roll Call and Establishment of Quorum
Mayor Crist called meeting to order at 6:30 p.m.
2. Roll Call and Establishment of Quorum
Council Member Beazley was absent.
3. Briefing/Discussion regarding utility payments and water meters. (City Manager)
4. 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. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); City
Secretary annual review.
b. Consult with legal counsel regarding pending or contemplated litigation and/or
on matters in which the duty of the attorney to the governmental body under the
Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas
clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code
§551.071); discuss proposed residential development.
MOTION: Council Member Miller moved to recess into closed session. Council
Member Burr seconded. Motion carried 6-0
Mayor Crist recessed into closed session at 7:06 p.m.
Mayor Crist reconvened the regular meeting at 7:29 p.m.
4. Consider/Discuss/Action on any items listed on the posted agenda or any closed
session occurring during this meeting, as necessary.
MOTION: Council Member Pelham moved to take no action. Council Member
Bryan seconded. Motion Passed 6-0
November 8, 2016 1
CC Work Session Minutes
5. Adjourn.
MOTION: Council Member Martinez moved to adjourn. Council Member Miller
seconded. Motion carried 6-0
Mayor Crist adjourned the meeting at 7:30 p.m.
Approved on the 13th day of December 2016.
ATTEST:
City Secretary Carrie L. Smith Mayor Mike Crist
November 8, 2016
CC Work Session Minutes
2
ANNA CITY COUNCIL
MINUTES
REGULAR SESSION
November 8, 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 Member Beazley was absent.
2. Invocation and Pledge of Allegiance.
Mayor Crist led the invocation and pledge.
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.
a. Recognize 2016 Citizen Academy Graduates.
Rocio Gonzalez Robert Simonsen
Kelly Paterson -Herndon Doug Hanna
November 8, 2016
CC Regular Session Minutes
Susan Jones
Karin Delacroix
Rolanda Greer
Ginny Finan
Debra Pope
Claire Flagg
Joyce Farrell
Willie Sims, Jr.
Terry Farrell
Charles McBride
Stuart Brown
Menrose McBride
b. Recognition of outgoing board members.
Planning and Zoning Commission — Tom Plunkett
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.
Consent items c., e., f., and g. were removed from the consent agenda.
a. Approve Meeting Minutes from October 25, 2016 (Carrie Smith)
b. Review Quarterly Investment Report. (City Manager)
d. Resolution approving a Development Plat of the Kalinke Addition.
(Maurice Schwanke)
RESOLUTION NO. 2016-11-245
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A
DEVELOPMENT PLAT OF THE KALINKE ADDITION.
h. Presentation and Review of the FY 2015-16 Asset Forfeiture Report.
(Chief Jenks)
MOTION: Council Member Pelham moved to approve consent items a,
b, d and h. Council Member Miller seconded. Motion Passed 6-0
Item c. was removed from the consent agenda.
c. Resolution approving a Final Plat of Anna Elementary No. 3. (Maurice
Schwanke)
RESOLUTION NO. 2016-11-244
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A
FINAL PLAT OF ANNA ISD ELEMENTARY SCHOOL NO. 3.
MOTION: Council Member Pelham moved to approve. Council Member
Miller seconded. Motion Passed 6-0.
November 8, 2016 2
CC Regular Session Minutes
Item e. was removed from the consent agenda.
e. Resolution approving a Final Plat of the Pamela Carr Davis Miller
Addition. (Maurice Schwanke)
RESOLUTION NO. 2016-11-246
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A
FINAL PLAT OF THE PAMELA CARR DAVIS MILLER ADDITION.
MOTION: Mayor Crist moved to approve. Council Member Bryan
seconded. Motion Passed 6-0
Item f. was removed from the consent agenda.
f. Resolution approving a Preliminary Plat of West Crossing, Phase 7.
(Maurice Schwanke)
RESOLUTION NO. 2016-11-247
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A
PRELIMINARY PLAT OF WEST CROSSING, PHASE 7; AND
APPROVING A REQUEST FOR A WAIVER OF CERTAIN
REQUIREMENTS IN PART III -A, ARTICLE 3, SECTION 1.15
REGARDING BLOCK LENGTHS.
MOTION: Council Member Martinez moved to approve. Mayor Crist
seconded. Motion Passed 6-0
Item g. was removed from the consent agenda.
g. Resolution approving a Final Plat of West Crossing, Phase 6.
(Maurice Schwanke).
RESOLUTION NO. 2016-11-248
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A
FINAL PLAT OF WEST CROSSING PHASE 6.
MOTION: Council Member Miller moved to approve. Council Member
Bryan seconded. Motion Passed 6-0
6. Consider/Discuss/Action regarding a Resolution approving a
Memorandum of Understanding between the City of Anna and the Anna
Independent School District. (Chief Jenks)
RESOLUTION NO. 2016-11-249
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
ANNA AND THE ANNA INDEPENDENT SCHOOL DISTRICT
REGARDING A COOPERATION BETWEEN THE ANNA POLICE
November 8, 2016 3
CC Regular Session Minutes
DEPARTMENT AND THE ANNA INDEPENDENT SCHOOL
DISTRICT ("ANNA ISD") POLICE DEPARTMENT.
MOTION: Mayor Crist moved to approve. Council Member Martinez
seconded. Motion Passed 4-2. Pelham and Bryan opposed.
7. Consider/Discuss/Action regarding a Resolution authorizing the
City Manager to execute an Amendment to the existing Tower Site
License Agreement for 3300 N. Powell Parkway, Anna, Texas with
AirCanopy Internet Services, Inc., a Texas corporation d/b/a Rise
Broadband. (Joseph Johnson)
RESOLUTION NO. 2016-11-250
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING
AND AUTHORIZING THE CITY MANAGER TO ACT ON THE
CITY'S BEHALF IN EXECUTING AN AMENDMENT TO THE
TOWER SITE LICENSE AGREEMENT WITH AIRCANOPY
INTERNET SERVICES, INC., A TEXAS CORPORATION D/B/A
RISE BROADBAND FOR 3300 N. POWELL PARKWAY, ANNA,
TEXAS.
MOTION: Council Member Pelham moved to approve. Council Member
Bryan seconded. Motion Passed 6-0
8. Consider/Discuss/Action regarding a Resolution approving a
Second Amended and Restated Facilities Agreement UDF
Northpointe, LLC. - 184.01 Acre Tract. (Maurice Schwanke)
MOTION: Council Member Pelham moved to approve. Mayor Crist
seconded. Motion Failed 3-3. Martinez, Bryan and Miller opposed.
Council requested this item be placed on a future agenda.
9. Briefing/Discussion regarding "It's Time Texas Community
Challenge". (Mayor Crist)
Each year, the Community Challenge unites community members,
schools, businesses, community organizations, faith -based
organizations and mayors in an effort to see which of Texas'
communities can demonstrate the greatest commitment to healthy
living. There are a variety of ways for each of these audience types to
communities to earn points and at the end of the 3-month competition a
champion is crowned! There is a winner for each of the 5 size
categories: Metro, Large, Mid -sized, Small, Extra -small.
Mayor Crist pledged to make our community a model for others to follow.
November 8, 2016 4
CC Regular Session Minutes
10. 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. Discuss or deliberate personnel matters (Tex. Gov't Code
551.074); City Secretary annual review.
b. Consult with legal counsel regarding pending or
contemplated litigation and/or on matters in which the duty
of the attorney to the governmental body under the Texas
Disciplinary Rules of Professional Conduct of the State
Bar of Texas clearly conflicts with Chapter 551 of the
Government Code (Tex. Gov't Code §551.071); discuss
proposed residential development.
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.
No action.
11. Consider/Discuss/Action on any items listed on any agenda —work
session, regular meeting, or closed session —that is duly posted
by the City of Anna for any City Council meeting occurring on the
same date as the meeting noticed in this agenda.
MOTION: Council Member Bryan moved to take no action. Council
Member Pelham seconded. Motion Passed 6-0
12.Adjourn.
MOTION: Council Member Bryan moved to adjourn. Council Member
Miller seconded. Motion Passed 6-0
Mayor Crist adjourned the meeting at 8:27 p.m.
Approved on the 13th day of December 2016.
ATTEST:
City Secretary Carrie L. Smith Mayor Mike Crist
November 8, 2016
CC Regular Session Minutes
5
ANNA CITY COUNCIL
MINUTES
SPECIAL MEETING
November 22, 2016
The City Council of the City of Anna met in a Special Meeting 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.
Mayor Crist called the meeting to order at 6:30 p.m.
Council Member Beazley was absent.
2. Invocation and Pledge of Allegiance
Mayor Crist led the invocation and pledge.
3. Consider/Discuss/Action regarding a Resolution approving a Special Event Permit
and an Agreement between the City of Anna and the Greater Anna Chamber of
Commerce for the 2016 Christmas Parade. (Maurice Schwanke)
RESOLUTION NO. 2011-11-251
RESOLUTION APPROVING A SPECIAL EVENT PERMIT AND AN
AGREEMENT BETWEEN THE CITY OF ANNA AND THE GREATER
ANNA CHAMBER OF COMMERCE FOR THE 2016 ANNUAL
CHRISTMAS PARADE
MOTION: Council Member Burr moved to approve. Council Member Bryan
seconded. Motion Passed 6-0
4. Consider/Discuss/Action on an Ordinance canvassing November 8, 2016 election
returns. (City Secretary)
ORDINANCE NO. 736-2016
ORDINANCE CANVASSING ELECTION RETURNS
MOTION: Council Member Pelham moved to approve. Council Member Bryan
seconded. Motion Passed 6-0
5. Consider/Discuss/Action on a Resolution of the Anna Community Development
Corporation authorizing the issuance and sale of Sales Tax Revenue Bonds by the
Corporation; Affirming a Sales Tax Remittance Agreement; and enacting other
provisions relating to the subject. (Jessica Perkins)
November 22, 2016
CC Special Meeting Minutes
RESOLUTION NO. 2016-11-254
RESOLUTION OF THE ANNA COMMUNITY DEVELOPMENT
CORPORATION AUTHORIZING THE ISSUANCE AND SALE OF SALES
TAX REVENUE BONDS BY THE CORPORATION; AFFIRMING A SALES
TAX REMITTANCE AGREEMENT; AND ENACTING OTHER
PROVISIONS RELATING TO THE SUBJECT
MOTION: Council Member Martinez moved to approve. Council Member Bryan
seconded. Motion Passed 6-0
6. Consider/Discuss/Action on an Ordinance authorizing the issuance and sale of
City of Anna, Texas General Obligation Refunding Bond, Series 2016, levying an
annual ad valorem tax for the payment of said Bond, and enacting other provisions
relating to the subject. (City Manager)
ORDINANCE NO. 735-2016
AUTHORIZING THE ISSUANCE AND SALE OF CITY OF ANNA, TEXAS
GENERAL OBLIGATION REFUNDING BOND, SERIES 2016, LEVYING
AN ANNUAL AD VALOREM TAX FOR THE PAYMENT OF SAID BOND,
AND ENACTING OTHER PROVISIONS RELATING TO THE SUBJECT.
MOTION: Council Member Burr moved to approve. Council Member Pelham
seconded. Motion Passed 6-0
7. Consider/Discuss/Action regarding a Resolution authorizing the City Manager to
execute an Agreement with HD Supply Waterworks, Ltd. for the purchase and
installation of Advanced Metering Infrastructure. (Joseph Johnson)
RESOLUTION NO. 2016-11-252
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND
AUTHORIZING THE CITY MANAGER TO ACT ON THE CITY'S BEHALF
IN EXECUTING A MASTER PROJECT AGREEMENT WITH HD SUPPLY
WATERWORKS, LTD., FOR ADVANCED METERING
INFRASTRUCTURE.
MOTION: Council Member Pelham moved to approve. Council Member Martinez
seconded. Motion Passed 6-0
8. Consider/Discuss/Action regarding a Resolution approving a Lease/Purchase
Agreement with U.S. Bancorp Government Leasing and Finance, Inc. for the
Advanced Metering Infrastructure Project. (City Manager)
RESOLUTION NO. 2016-11-253
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND
AUTHORIZING THE CITY MANAGER TO ACT ON THE CITY'S BEHALF
IN EXECUTING A LEASE/PURCHASE AGREEMENT WITH U.S.
November 22, 2016
CC Special Meeting Minutes 2
BANCORP GOVERNMENT LEASING AND FINANCE, INC. FOR THE
ADVANCED METERING INFRASTUCTURE PROJECT.
MOTION: Mayor Crist moved to approve. Council Member Miller seconded. Motion
Passed 6-0
9. Adjourn.
MOTION: Council Member Pelham moved to adjourn. Council Member Bryan
seconded. Motion Passed 6-0
Mayor Crist adjourned the meeting at 7:16 p.m.
Approved on the 13th day of December 2016.
ATTEST:
City Secretary Carrie L. Smith Mayor Mike Crist
November 22, 2016
CC Special Meeting Minutes 3
Item No. 5.b.
City Council Agenda
Staff Report
Meeting Date: 12/13/2016
y{OUR) HOMETOWN
AGENDAITEM:
Review of Planning and Zoning Commission Minutes. (Maurice Schwanke)
SUMMARY:
The minutes have been approved by the P&Z Commission and are provided to Council for review
and/or any questions.
STAFF RECOMMENDATION:
No Action Required.
ATTACHMENTS:
Description Upload Date Type
November 7, 2016 P & Z minutes 12/8/2016 Backup Material
MINUTES
PLANNING AND ZONING COMMISSION
REGULAR MEETING
November 7, 2016
The Planning and Zoning Commission of the City of Anna held its regular meeting on
November 7, 2016, 2016, at 7:00 p.m., at the Community Room of the Anna City Hall
Administration Building located at 111 North Powell Parkway (Hwy 5), to consider the
following items.
1. Call to order and establishment of quorum.
The meeting was called to order at 7:01 p.m. Members present were Sandy
Setliff, Don Callaham, Wayne Barton, John Johnson, Donald Henke, Danny
Ussery and Christian Landers. Commissioner Wayne Barton was absent. Staff
present was Maurice Schwanke and Tana Ross.
2. Invocation and Pledge of Allegiance
Mr. Schwanke gave the invocation and led the Pledge of Allegiance.
3. Consider/Discuss/Act on recommendation regarding "Kalinke Addition"
development plat.
Mr. Schwanke gave a presentation. The development plat is located within
Anna's exterritorial jurisdiction and generally known as 11787 Turtle Creek Lane.
The tract is located in the E.W. Lucas Survey, Abstract No.A0547 and contains
approximately 11.12 acres of land. The owner is proposing to build a house on
the property. Mr. Schwanke noted that the submittal meets the City of Anna
development plat requirements. And that Staff recommends approval of the plat.
A motion was made by Commissioner Setliff, seconded by Commissioner
Callaham to recommend approval of the development plat. The vote was
unanimous.
4. Consider/Discuss/Act on recommendation regarding "Pamela Carr Davis Miller
Addition" final plat.
Mr. Schwanke gave a presentation and answered questions from the
Commission. The final plat is located at 408 Smith Street. The tract is located in
the Gwynn Morrison Survey, Abstract No A0559 and contains approximately
0.573 acres of land. The owner plans to build a storage building on an existing
concrete foundation located on the property. Presently, the property has not
been platted, before the issuance of a building permit, the property upon the
proposed structure must be platted in accordance with all City requirements. Mr.
Schwanke noted that the submittal meets the City of Anna plat requirements.
and the Staff recommends approval of the final plat.
PZ Minutes 11-07-16.doc Page 1 of 3 11-07-16
A motion was made by Commissioner Ussery, seconded by Commissioner
Landers to recommend approval of final plat. The vote was unanimous.
5. Consider/Discuss/Act on recommendation regarding "Anna Elementary No 3"
final plat. A final plat has been received on approximately 37 acres of land
located at 1224 Leonard Drive. The site is the location of the new Anna ISD
Elementary School #3. The final plat has been reviewed by city staff and the city
consulting engineer. The staff is recommending approval of the final plat subject
to all engineering concerns being addressed on construction plans for this
development
Mr. Schwanke gave a presentation and answered questions from the
Commissioner. The final plat received is on approximately 37 acres of land
located at 1224 Leonard Drive. The site is the location of the new Anna ISD
Elementary School #3. The final plat has been reviewed by city staff and the city
consulting engineer. Mr. Schwanke noted that the staff is recommending
approval of the final plat subject to all engineering concerns being addressed on
construction plans for this development.
Brad Duncan and Pete Slaughter from Anna ISD were present at meeting. Mr.
Duncan answered questions from the Commission.
A motion was made by Commissioner Landers to recommend approval of the
final plat subject to the conditions noted above. Commissioner Setliff seconded
the motion. The vote was unanimous.
6. Consider/Discuss/Act on recommendation regarding "West Crossing PH 6" final
plat.
Mr. Schwanke gave a presentation and answered questions from the
Commission. The West Crossing final plat contains 21.335 acres located in the
Henry Brantley Survey, Abstract No. 71. Within this project 108 residential lots
are proposed. The plat layout is in conformance with the existing zoning. Mr.
Schwanke noted that the staff is recommending approval of the final plat subject
to all engineering concerns being addressed on construction plans for this
development.
J R Douglas and Jim Douglas, representatives for the West Crossing project
were present for meeting, but did not give a presentation.
A motion was made by Commissioner Henke to recommend approval of the final
plat subject to the above conditions noted above. Commissioner Ussery
seconded the motion. The vote was unanimous.
7. Consider/Discuss/Act on recommendation regarding "West Crossing PH 7"
preliminary plat.
Mr. Schwanke gave a presentation and answered questions from the
Commissioner. The West Crossing preliminary plat contains 15.9886 acres
located in the Henry Brantley Survey, Abstract No. 71. Within this project, 85
residential lots are proposed. The plat layout is in conformance with the existing
zoning. Mr. Schwanke noted that the staff is recommending approval of the
PZ Minutes 11-07-16.doc Page 2 of 3 11-07-16
preliminary plat subject to all engineering concerns being addressed on
construction plans for this development.
A motion was made by Commissioner Setliff to recommend approval of the
preliminary plat subject to the conditions noted above. Commissioner Ussery
seconded the motion. The vote was unanimous.
8. Consider to approve Minutes of the October 11, 2016 Planning and Zoning
meeting.
A motion was made by Commissioner Setliff, seconded by Commissioner
Callaham to approve Minutes of the October 11, 2016 meeting. The vote was
unanimous.
9. Adjourn
There being no further business, a motion was made by Commissioner Setliff,
seconded by Commissioner Johnson to adjourn meeting. The meeting
adjourned at 7: 50 p.m.
Maurice Schwanke
Director of Planning and Development
ATTEST:
PZ Minutes 11-07-16.doc Page 3 of 3 11-07-16
Item No. 5.c.
City Council Agenda
Staff Report
Meeting Date: 12/13/2016
AGENDAITEM:
Review minutes of the Economic Development Corporation meeting from September 29, 2016.
(Jessica Perkins)
SUMMARY:
n/a
STAFF RECOMMENDATION:
n/a
ATTACHMENTS:
Description Upload Date Type
EDC minutes 12/8/2016 Staff Report
MINUTES OF SPECIAL MEETING OF THE
ANNA ECONOMIC DEVELOPMENT CORPORATION
r.
NOOLAUJAIWK
ECON o Thursday, September 29, 2016
VELD
,PC[
The Anna Economic Development Corporation ("EDC") of the City of Anna met at 5:00
p.m.', on Thursday, September, 2016, at the Anna City Hall Administration Building,
111 North Powell Parkway (Hwy. 5), Anna, Texas.
Call to Order
Connie Stump, President, called the meeting to order at 5:51 p.m., and after roll call and
the establishment of a quorum, the following items were presented to the Directors for
their consideration.
2. Roll Call and Establishment of Quorum.
Directors in attendance: John Houcek, Connie Stump, Brent Thomas, Nate Pike,
Michael Williams, and Alonzo Tutson (5:35 p.m.) were present.
Directors in Abstention: Doug Hermann was absent.
A quorum was declared present and the floor was open for business.
Others in attendance: Clark McCoy, legal counsel for EDC, and Jessica Perkins, Chief
Administrative Officer
3. Consider/Discuss/Action adopting a resolution approving the budget for fiscal
year 2016-2017 budget.
Brent Thomas made a motion to adopt the resolution approving the budget subject to the
approval of the City Council. Nate Pike seconded the motion. Motion passed.
4. Consider/Discuss/Action adopting a resolution approving a sponsorship
agreement with the Greater Anna Chamber of Commerce.
Historically, EDC has signed a written agreement of sponsorship with GACC allocating a
set amount of money for sponsorship of their yearly events. Staff wishes to enter into an
[Type text]
NOTICE REGARDING MEETING TIME: In the event that the Anna Economic Development Corporation meets at the
same time and place scheduled for this meeting. then this meeting will be delayed and will begin immediately after the
conclusion of the meeting of the Anna Community Development Corporation.
IMPORANr LEGAL NOTICE: 'I lie Corporation may vote and/or act upon each of the items listed in this agenda. The
Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is
considered necessary and legal ly.i usti tied under the Open Meetings Act. Disabled person who want to attend the meeting and
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_
09-29-2016 Special EDC Meeting — Page 1
agreement for the sponsorship of Glow Feast, to be held October 29, 2016. John
Houcek made a motion to adopt the resolution authorizing the Chief Administrative
Officer, ("CAO") to sign the Agreement for Sponsorship Commitment for 2016, on behalf
of the EDC Corporation, attached hereto as Exhibit °A"; and for the CAO to charge
EDC's Promotional Expense account, Line Item 6735, in the amount of $8,000.00.
Alonzo Tutson seconded the motion. Motion passed with Michael Williams abstaining
5. Consider/Discuss/Action adopting a resolution approving attendance and travel
expenditures related to the Texas ICSC conference in Dallas on October 6-7, 2016.
Brent Thomas made a motion to adopt the resolution authorizing Staff to attend the
Texas ICSC conference in Dallas on October 6-7, 2016, and to make purchases for all
necessary expenses for the purposes of EDC business. Michael Williams seconded the
motion. Motion passed.
6. Consider/Discuss/Action adopting a resolution approving attendance and travel
expenditures related to the Texas Economic Development Council ("TEDC")
Annual Conference in San Antonio on October 19-21, 2016.
Brent Thomas made a motion to adopt the resolution authorizing Staff to attend the
TEDC conference in San Antonio on October 19-21, 2016, and to make purchases for all
necessary expenses for the purposes of EDC business. Nate Pike seconded the
motion. Motion passed.
7. CLOSED SESSION (exceptions).
a. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex.
Gov't Code §551.072).
b. Consult with legal counsel on matters in which the duty of the attorney to the
government 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).
C. Discuss or deliberate Economic Development Negotiations:
(1) To discuss or deliberate regarding commercial or financial information that the
Board of Directors has received from a business prospect that the Board of
Directors seeks to have locate, stay, or expand in or near the territory of the City of
Anna and with which the Board is conducting economic development
negotiations; or
(2) To deliberate the offer of a financial or other Incentive to a business prospect
described by subdivision (1) (Tex. Gov't Code §551.087); Simply Floor It.
'NOTICE REGARDING MEETING TIME: In the event that the Anna Economic Development Corporation meets at the
same time and place scheduled for this meeting, then this meeting will be delayed and will begin immediately after the
conclusion of the meeting of the Anna Community Development Corporation.
IMPORANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda. The
Corporation 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 Meetings Act. Disabled person who want to attend the meeting and
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.
07-07-2016 Reg EDC Meeting — Page - 2
Not Necessary.
8. Consider/Discuss/Action adopting a resolution amending the lease agreement
with Image Vision, tenant, for 312 North Powell Parkway
Brent Thomas made a motion to table the aforementioned. John Houcek seconded the
motion. Motion passed.
9. Consider/Discuss/Action adopting a resolution approving a lease agreement with
Inc -Cube for 312 North Powell Parkway.
Brent Thomas made a motion to table the aforementioned. John Houcek seconded the
motion. Motion passed.
10. Consider/Discuss/Action adopting a resolution approving expenditure of funds for
cubicles at 312 North Powell Parkway.
In order to accommodate the business incubator concept, the property at 312 Powell
Parkway needs to be renovated to include cubicles creating private spaces for rent. The
cost to purchase and install the six (6) cubicles/individual offices will cost approximately.
$14,000.00. A layout design and quote from McKinney Office Supply (based on a
TXMAS contract) is attached hereto. Cost includes delivery and installation. Alonzo
Tutson made a motion to adopt the resolution approving and authorizing the expenditure
in an amount not to exceed $14,000.00, and for the Chief Administrative Officer, ("CAO")
to be charged to EDC's maintenance and building account. Brent Thomas seconded the
motion. Motion passed.
11. Consider/Discuss/Action adopting a resolution approving expenditure of funds for
regular janitorial cleaning services at 312 North Powell Parkway.
A proposal from B & B Maids Service for janitorial services, in the approximate amount
of $2,000.00/yr. was attached for the Board's review and approval. Michael Williams
made a motion to table the aforementioned. Alonzo Tutson seconded the motion.
Motion passed.
12. Consider/Discuss/Action regarding adopting a resolution approving expenditure
of funds for a security system at 312 Powell Parkway.
Brent Thomas made a motion to adopt the resolution, authorizing the expenditure of
funds for Stanley Security to take over the management and operation of the security
'NOTICE REGARDING MEETING TIME: In the event that the Anna Economic Development Corporation meets at the
same time and place scheduled for this meeting, then this meeting will be delayed and will begin immediately after the
conclusion of the meeting of the Anna Community Development Corporation.
IMPORANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda. The
Corporation 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 Meetings Act. Disabled person who want to attend the meeting and
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.
07-07-2016 Reg EDC Meeting — Page - 3
system located at 312 North Powell Parkway, in amount not to exceed $3,000.00/yr.,
and for the Chief Administrative Officer, ("CAO") to charge EDC's Maintenance and
Building Repair line item. Alonzo Tutson seconded the motion. Motion passed.
13. Consider/Discuss/Action adopting a resolution dissolving the EDC's holding
account and transferring all funds into the checking account.
Michael Williams made a motion adopting the resolution and authorizing the Chief
Administrative Officer, ("CAO") to dissolve EDC's holding fund and transferring all
monies to EDC checking account. The motion was seconded by John Houcek. Motion
passed.
14. Consider/Discuss/Action regarding minutes August 12, 2016.
Connie Stump made a motion to accept the minutes as written. The motion was
seconded by Alonzo Tutson. Motion passed.
15. Adjourn.
John Houcek made a motion to adjourn the meeting. Alonzo Tutson seconded the
motion and the meeting adjourned at 6:51 p.m.
APPROVED:
Cons ance Ann Stump
President of EDC
'NOTICE REGARDING MEETING TIME: In the event that the Anna Economic Development Corporation meets at the
same time and place scheduled for this meeting, then this meeting will be delayed and will begin immediately after the
conclusion of the meeting of the Anna Community Development Corporation.
IMPORANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda. The
Corporation 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 Meetings Act. Disabled person who want to attend the meeting and
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.
07-07-2016 Reg EDC Meeting — Page - 4
Item No. 5.d.
City Council Agenda
Staff Report
Meeting Date: 12/13/2016
YOUR) HOMETOWN
AGENDAITEM:
Review minutes of the Community Development Corporation meeting from September 29, 2016.
(Jessica Perkins)
SUMMARY:
n/a
STAFF RECOMMENDATION:
n/a
ATTACHMENTS:
Description Upload Date Type
CDC Minutes 12/8/2016 Backup Material
MINUTES OF SPECIAL MEETING OF THE
ANNA ECONOMIC DEVELOPMENT CORPORATION
r.
NOOLAUJAIWK
ECON o Thursday, September 29, 2016
VELD
,PC[
The Anna Economic Development Corporation ("EDC") of the City of Anna met at 5:00
p.m.', on Thursday, September, 2016, at the Anna City Hall Administration Building,
111 North Powell Parkway (Hwy. 5), Anna, Texas.
Call to Order
Connie Stump, President, called the meeting to order at 5:51 p.m., and after roll call and
the establishment of a quorum, the following items were presented to the Directors for
their consideration.
2. Roll Call and Establishment of Quorum.
Directors in attendance: John Houcek, Connie Stump, Brent Thomas, Nate Pike,
Michael Williams, and Alonzo Tutson (5:35 p.m.) were present.
Directors in Abstention: Doug Hermann was absent.
A quorum was declared present and the floor was open for business.
Others in attendance: Clark McCoy, legal counsel for EDC, and Jessica Perkins, Chief
Administrative Officer
3. Consider/Discuss/Action adopting a resolution approving the budget for fiscal
year 2016-2017 budget.
Brent Thomas made a motion to adopt the resolution approving the budget subject to the
approval of the City Council. Nate Pike seconded the motion. Motion passed.
4. Consider/Discuss/Action adopting a resolution approving a sponsorship
agreement with the Greater Anna Chamber of Commerce.
Historically, EDC has signed a written agreement of sponsorship with GACC allocating a
set amount of money for sponsorship of their yearly events. Staff wishes to enter into an
[Type text]
NOTICE REGARDING MEETING TIME: In the event that the Anna Economic Development Corporation meets at the
same time and place scheduled for this meeting. then this meeting will be delayed and will begin immediately after the
conclusion of the meeting of the Anna Community Development Corporation.
IMPORANr LEGAL NOTICE: 'I lie Corporation may vote and/or act upon each of the items listed in this agenda. The
Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is
considered necessary and legal ly.i usti tied under the Open Meetings Act. Disabled person who want to attend the meeting and
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_
09-29-2016 Special EDC Meeting — Page 1
agreement for the sponsorship of Glow Feast, to be held October 29, 2016. John
Houcek made a motion to adopt the resolution authorizing the Chief Administrative
Officer, ("CAO") to sign the Agreement for Sponsorship Commitment for 2016, on behalf
of the EDC Corporation, attached hereto as Exhibit °A"; and for the CAO to charge
EDC's Promotional Expense account, Line Item 6735, in the amount of $8,000.00.
Alonzo Tutson seconded the motion. Motion passed with Michael Williams abstaining
5. Consider/Discuss/Action adopting a resolution approving attendance and travel
expenditures related to the Texas ICSC conference in Dallas on October 6-7, 2016.
Brent Thomas made a motion to adopt the resolution authorizing Staff to attend the
Texas ICSC conference in Dallas on October 6-7, 2016, and to make purchases for all
necessary expenses for the purposes of EDC business. Michael Williams seconded the
motion. Motion passed.
6. Consider/Discuss/Action adopting a resolution approving attendance and travel
expenditures related to the Texas Economic Development Council ("TEDC")
Annual Conference in San Antonio on October 19-21, 2016.
Brent Thomas made a motion to adopt the resolution authorizing Staff to attend the
TEDC conference in San Antonio on October 19-21, 2016, and to make purchases for all
necessary expenses for the purposes of EDC business. Nate Pike seconded the
motion. Motion passed.
7. CLOSED SESSION (exceptions).
a. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex.
Gov't Code §551.072).
b. Consult with legal counsel on matters in which the duty of the attorney to the
government 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).
C. Discuss or deliberate Economic Development Negotiations:
(1) To discuss or deliberate regarding commercial or financial information that the
Board of Directors has received from a business prospect that the Board of
Directors seeks to have locate, stay, or expand in or near the territory of the City of
Anna and with which the Board is conducting economic development
negotiations; or
(2) To deliberate the offer of a financial or other Incentive to a business prospect
described by subdivision (1) (Tex. Gov't Code §551.087); Simply Floor It.
'NOTICE REGARDING MEETING TIME: In the event that the Anna Economic Development Corporation meets at the
same time and place scheduled for this meeting, then this meeting will be delayed and will begin immediately after the
conclusion of the meeting of the Anna Community Development Corporation.
IMPORANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda. The
Corporation 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 Meetings Act. Disabled person who want to attend the meeting and
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.
07-07-2016 Reg EDC Meeting — Page - 2
Not Necessary.
8. Consider/Discuss/Action adopting a resolution amending the lease agreement
with Image Vision, tenant, for 312 North Powell Parkway
Brent Thomas made a motion to table the aforementioned. John Houcek seconded the
motion. Motion passed.
9. Consider/Discuss/Action adopting a resolution approving a lease agreement with
Inc -Cube for 312 North Powell Parkway.
Brent Thomas made a motion to table the aforementioned. John Houcek seconded the
motion. Motion passed.
10. Consider/Discuss/Action adopting a resolution approving expenditure of funds for
cubicles at 312 North Powell Parkway.
In order to accommodate the business incubator concept, the property at 312 Powell
Parkway needs to be renovated to include cubicles creating private spaces for rent. The
cost to purchase and install the six (6) cubicles/individual offices will cost approximately.
$14,000.00. A layout design and quote from McKinney Office Supply (based on a
TXMAS contract) is attached hereto. Cost includes delivery and installation. Alonzo
Tutson made a motion to adopt the resolution approving and authorizing the expenditure
in an amount not to exceed $14,000.00, and for the Chief Administrative Officer, ("CAO")
to be charged to EDC's maintenance and building account. Brent Thomas seconded the
motion. Motion passed.
11. Consider/Discuss/Action adopting a resolution approving expenditure of funds for
regular janitorial cleaning services at 312 North Powell Parkway.
A proposal from B & B Maids Service for janitorial services, in the approximate amount
of $2,000.00/yr. was attached for the Board's review and approval. Michael Williams
made a motion to table the aforementioned. Alonzo Tutson seconded the motion.
Motion passed.
12. Consider/Discuss/Action regarding adopting a resolution approving expenditure
of funds for a security system at 312 Powell Parkway.
Brent Thomas made a motion to adopt the resolution, authorizing the expenditure of
funds for Stanley Security to take over the management and operation of the security
'NOTICE REGARDING MEETING TIME: In the event that the Anna Economic Development Corporation meets at the
same time and place scheduled for this meeting, then this meeting will be delayed and will begin immediately after the
conclusion of the meeting of the Anna Community Development Corporation.
IMPORANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda. The
Corporation 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 Meetings Act. Disabled person who want to attend the meeting and
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.
07-07-2016 Reg EDC Meeting — Page - 3
system located at 312 North Powell Parkway, in amount not to exceed $3,000.00/yr.,
and for the Chief Administrative Officer, ("CAO") to charge EDC's Maintenance and
Building Repair line item. Alonzo Tutson seconded the motion. Motion passed.
13. Consider/Discuss/Action adopting a resolution dissolving the EDC's holding
account and transferring all funds into the checking account.
Michael Williams made a motion adopting the resolution and authorizing the Chief
Administrative Officer, ("CAO") to dissolve EDC's holding fund and transferring all
monies to EDC checking account. The motion was seconded by John Houcek. Motion
passed.
14. Consider/Discuss/Action regarding minutes August 12, 2016.
Connie Stump made a motion to accept the minutes as written. The motion was
seconded by Alonzo Tutson. Motion passed.
15. Adjourn.
John Houcek made a motion to adjourn the meeting. Alonzo Tutson seconded the
motion and the meeting adjourned at 6:51 p.m.
APPROVED:
Cons ance Ann Stump
President of EDC
'NOTICE REGARDING MEETING TIME: In the event that the Anna Economic Development Corporation meets at the
same time and place scheduled for this meeting, then this meeting will be delayed and will begin immediately after the
conclusion of the meeting of the Anna Community Development Corporation.
IMPORANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda. The
Corporation 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 Meetings Act. Disabled person who want to attend the meeting and
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.
07-07-2016 Reg EDC Meeting — Page - 4
I
Item No. 5.e.
City Council Agenda
Staff Report
Meeting Date: 12/13/2016
YOUR} HOMETOWN
AGENDAITEM:
Resolution approving an Agreement with Collin County for Animal Sheltering Services for FY 2017.
(Chief Jenks)
SUMMARY:
The City's Animal Control and Sheltering Services occur through agreements with Collin County. It
is currently the most cost effective means of providing Animal Services to the citizens of Anna.
The FY 2017 cost being levied by Collin County for Animal Sheltering services is $16,936. The
attached Resolution authorizes the current Agreement to be amended to extend the Animal
Sheltering Agreement through September 30, 2017.
STAFF RECOMMENDATION:
Staff recommends approval of the attached Resolution and Agreement.
ATTACHMENTS:
Description Upload Date Type
Resolution 12/8/2016 Resolution
Exhibit 1, FY17 Animal Shelter Contract Amendment 11 /15/2016 Exhibit
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AN AMENDMENT
TO AN INTERLOCAL AGREEMENT WITH COLLIN COUNTY FOR ANIMAL
SHELTERING SERVICES.
WHEREAS, the City Council of the City of Anna, Texas ("City Council") finds that the
agreement with Collin County for providing Animal Sheltering Services to the citizens of
Anna is worthy of continuation; and
WHEREAS, the City Council approves Collin County's amendment to the current
Animal Sheltering Services agreement, to include the following fee:
"The total amount for fiscal year 2017: $16,936.00
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Approval and Authorization of Agreement
The City Council hereby approves the amendment to the Interlocal Agreement for the
Facility Construction and Use of an Animal Shelter in Collin County attached hereto as
Exhibit 1, and ratifies and approves the City Manager's execution of the same. The City
Manager is hereby authorized to execute all documents and to take all other actions
necessary to finalize and enforce the amended Interlocal Agreement.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 13tn
day of December, 2016.
ATTEST: APPROVED:
City Secretary Carrie L. Smith Mayor Mike Crist
Resolution No.
Contract Amendment 10
COLLIN
COUNTY
I
Contract Amendment Ten (10)
Office of the Purchasing Agent
Collin County Administration Building
2300 Bloomdale Rd, Ste 3160
McKinney, TX 75071
972-548-4165
Vendor: City of Anna Effective Date 10/1/2016
P.O. Box 776 Contract No. 10097-09
Anna, TX 75409 Contract Interlocal Agreement for the Facility
Construction and Use of an Animal
Shelter in Collin County
Awarded by Court Order No.:
Contract Amendment No.:
1
Court Order No.
Contract Amendment No.:
2
Court Order No.
Contract Amendment No.:
3
Court Order No.
Contract Amendment No.:
4
Court Order No.
Contract Amendment No.:
5
Court Order No.
Contract Amendment No.:
6
Court Order No.
Contract Amendment No.:
7
Court Order No.
Contract Amendment No.:
8
Court Order No.
Contract Amendment No.:
9
Court Order No.
Contract Amendment No.:
10
Court Order No.
2006-891-09-26
2007-1008-11-13
2008-883-10-14
2009-703-09-14
2011-004-01-03
2011-803-10-10
2013-068-01-28
2014-083-02-10
2014-988-12-15
2016-015-01-04
YOU ARE DIRECTED TO MAKE THE FOLLOWING AMENDMENT TO THIS CONTRACT
Agreement shall be in effect from October 1, 2016, continuing through and including September 30, 2017 at the below rate:
Total amount for fiscal year 2017:
$16,936.00
Except as provided herein, all terms and conditions of the contract remain in full force and effect
and may only be modified in writing signed by both parties.
ACCEPTED BY:
CITY OF ANNA
P.O. Box 776
Anna, TX 75409
SIGNATURE Philip Sanders
TITLE: City Manager
DATE:
ACCEPTED AND AUTHORIZED BY
AUTHORITY OF COLLIN COUNTY
COMMISSIONERS' COURT
Collin County Administration Building
2300 Bloomdale Rd, Ste 3160
McKinney, Texas 75071
Michalyn Rains, CPPO, CPPB
Purchasing Agent
DATE:
I
Item No. 5.f.
City Council Agenda
Staff Report
Meeting Date: 12/13/2016
y{OUR) HOMETOWN
AGENDA ITEM:
Resolution approving an Agreement with Collin County for Animal Control Services for FY 2017.
(Chief Jenks)
SUMMARY:
The City's Animal Control and Sheltering Services occur through agreements with Collin County. It
is currently the most cost effective means of providing Animal Services to the citizens of Anna.
The FY 2017 cost being levied by Collin County for Animal Control services is $33,837. The
attached Resolution authorizes the current Agreement to be amended to extend the Animal
Control Agreement through September 30, 2017.
STAFF RECOMMENDATION:
Staff recommends approval of the attached Resolution and Agreement.
ATTACHMENTS:
Description Upload Date Type
Resolution 12/8/2016 Resolution
Exhibit 1, FY17 Animal Control Contract Amendment 11 /15/2016 Exhibit
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AN AMENDMENT
TO THE INTERLOCAL AGREEMENT WITH COLLIN COUNTY FOR ANIMAL
CONTROL SERVICES.
WHEREAS, the City Council of the City of Anna, Texas ("City Council") finds that the
agreement with Collin County for providing Animal Control Services to the citizens of
Anna is worthy of continuation; and
WHEREAS, the City Council approves Collin County's amendment to the current
Animal Control Services agreement, to include the following fee:
"The total amount for fiscal year 2017: $33,837.00
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Approval and Authorization of Agreement
The City Council hereby approves the amendment to the Interlocal Agreement for
Animal Control Services attached hereto as Exhibit 1, and ratifies and approves the City
Manager's execution of the same. The City Manager is hereby authorized to execute all
documents and to take all other actions necessary to finalize and enforce the amended
Interlocal Agreement.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 13tn
day of December, 2016.
ATTEST:
APPROVED:
City Secretary Carrie L. Smith Mayor Mike Crist
Resolution
Contract Amendment 9
COL L IN COUNTY Contract Amendment
Vendor: City of Anna
PO Box 776
Anna, TX 75409
Awarded by Court Order No.:
Contract Amendment Nc 1
Contract Amendment Nc 2
Contract Amendment Nc 3
Contract Amendment Nc 4
Contract Amendment Nc 5
Contract Amendment Nc 6
Contract Amendment Nc 7
Contract Amendment Nc 8
Contract Amendment Nc 9
Court Order No.
Court Order No.
Court Order No.
Court Order No.
Court Order No.
Court Order No.
Court Order No.
Court Order No.
Court Order No.
Office of the Purchasing Agent
Collin County Administration Building
Nine (9) 2300 Bloomdale Rd, Ste 3160
McKinney, TX 75071
972-548-4165
Effective Date 10/1/2016
Contract No. 10094-09
Contract Interlocal Agreement for Animal
Control Services
2007-896-10-09
2008-880-10-14
2009-700-09-14
2011-003-01-03
2011-801-10-10
2013-067-01-28
2014-082--2-10
2014-986-12-15
2016-012-01-04
YOU ARE DIRECTED TO MAKE THE FOLLOWING AMENDMENT TO THIS CONTRACT
Extension of agreement for a one (1) year period as provided for in section 5.0 of the contract documents.
Agreement shall be in effect from October 1, 2016, continuing through and including September 30, 2017.
Total amount for fiscal year 2017: $33,837.00
Except as provided herein, all terms and conditions of the contract remain in full force and effect
and may only be modified in writing signed by both parties.
ACCEPTED BY:
CITY OF ANNA
PO Box 776
Anna, TX 75409
SIGNATURE Philip Sanders
TITLE: City Manager
DATE:
ACCEPTED AND AUTHORIZED BY
AUTHORITY OF COLLIN COUNTY
COMMISSIONERS' COURT
Collin County Administration Building
2300 Bloomdale Rd, Ste 3160
McKinney, Texas 75071
Michalyn Rains, CPPB, CPPO
Purchasing Agent
DATE:
I
Item No. 5.g.
City Council Agenda
Staff Report
Meeting Date: 12/13/2016
YfOUR? HOMETOWN
AGENDAITEM:
Resolution approving an Agreement with Collin County for Police Dispatch Services. (Chief Jenks)
SUMMARY:
The Police Department receives its dispatch services via an agreement with Collin County. This
agreement allows for the Sheriff's Office to provide the dispatch services necessary for the
operations of the Police Dept. In return, the City pays a fee associated with each radio event,
currently $6.68 per event.
The County assesses the fees for the current year using the previous year's call volume and adds
a personnel cost for two (2) dispatchers that is divided up among the Cities. Last year's call
volume resulted in a fee to Anna of $58,556.88 The percentage costs to Anna for the 2 dispatch
positions is $20,808.94 The total annual cost of the Agreement is $79,365.82. The City will be
billed in equal quarterly installents of approximately 19,841.
This Resolution allows the agreement to be renewed through the end of FY 2017.
STAFF RECOMMENDATION:
Staff recommends approval of the attached Resolution.
ATTACHMENTS:
Description Upload Date Type
Resolution 12/8/2016 Staff Report
Exhibit 1, FY 2017 Dispatch Services Agreement 11 /30/2016 Exhibit
FY 2017 Dispatch Services Breakdown County -wide 11 /30/2016 Backup Material
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AN INTERLOCAL
DISPATCH SERVICES AGREEMENT BETWEEN THE CITY OF ANNA AND COLLIN
COUNTY, TEXAS.
WHEREAS, the City Council of the City of Anna Texas finds that renewal of the
agreement for Dispatch Services with Collin County is vital to support the City of Anna
Police department's mission to preserve and protect the public health and safety of the
City's residents;
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 1. Approval of Interlocal Dispatch Services Agreement
The City Council hereby approves the Interlocal Dispatch Services Agreement 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 Agreement.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 13th
day of December, 2017.
ATTEST:
APPROVED:
City Secretary Carrie L. Smith Mayor Mike Crist
Resolution No.
ILA Dispatch Services
INTERLOCAL DISPATCH SERVICES AGREEMENT
This agreement is entered into on the day of
0
2016, by and between the City of Anna (the "City") and Collin County, a political
subdivision of the State of Texas (the "County").
RECITALS
1. The County, through the Sheriff's Office, owns and operates communication
facilities used in dispatching its law enforcement and emergency service personnel.
2. The City desires to obtain certain dispatch services from the County. Therefore,
under the authority of Texas Government Code, Title 7, Interlocal Cooperation Act,
Section 791 et seq., the parties agree as follows:
SECTION 1. DEFINITIONS
DISPATCH SERVICES. The term "Dispatch Services" means all services
necessary for the Collin County Sheriff's Office to receive calls for law enforcement
service within the City's jurisdiction and to dispatch the City's law enforcement
personnel in response to such calls.
HOSTING SERVICES. The term "Hosting Services" means the County will
store the City's data as it relates to dispatch services.
SECTION 2. TERM
2.01 TERM. The term of this agreement shall commence on October 1, 2016,
and shall continue in full force and effect through September 30, 2017.
2.02 TERMINATION. Either party may terminate this agreement by giving
ninety (90) days written notice to the other party.
SECTION 3. SERVICES
3.01 The County agrees to provide dispatch services through the Sheriff's
Office to the City in the same manner and under the same work schedule as such services
1
are provided in the operation of the County's law enforcement personnel.
3.02 Hosting Services. The County agrees to provide Hosting Services to the
City and that it will provide 95% uptime availability of the service as covered herein.
3.03 Scheduled Maintenance: The City hereby acknowledges that the County
may, from time to time, perform maintenance service on the County network, with or
without notice to the City, which may result in the unavailability of the County network.
Emergency maintenance and maintenance for which the County has not given the City
notice in accordance with this Agreement shall not be deemed scheduled maintenance for
purposes of this Agreement. The County will make every effort to notify the City prior to
scheduled maintenance. Notice may be given in various forms including but not limited
to email notice and/or phone call.
3.04 Hosted Data Ownership. The City shall have sole ownership of the
City's hosted data and the County shall make no claim to ownership of City's hosted
data.
3.05 Hosted Data Back Up. The County will back up the City's hosted data
on a daily basis. All data backups will meet Criminal Justice Information Systems (CJIS)
requirements. Every effort is made to ensure the reliability of the backed up data in the
event that it would be necessary to restore a database. The County, however, makes no
guaranties that the backed up database will be error free. Upon request, the County will
provide to the City a current database backup that can be restored to an alternate location
to verify the contents and confirm the quality of the backup. All services required to
provide the City's data and/or verify data will be provided in accordance with the
County's current rates.
N
3.06 VPN Agreement. For each user the City is required to complete and
return Attachment (A), Connection Policy and Agreement Form for the Virtual Private
Network (VPN) and return to County to the address in 9.02 item (C). No access will be
given to user unless County has received a VPN Agreement.
SECTION 4. NONEXCLUSIVITY OF SERVICE PROVISION
The parties agree that the County may contract to perform services similar or
identical to those specified in this agreement for such additional governmental or public
entities as the County, in its sole discretion, sees fit.
SECTION 5. COMPENSATION
5.01 The dispatch service charges for FY2017 in the amount of $79,365.82
shall be paid by the City in quarterly installments of $19,841.468 during the term hereof.
This amount is based upon the prior year call volume at the rate of $6.68 per radio
incident.
5.02 PAYMENT UPON EARLY TERMINATION. If this agreement is
terminated prior to the conclusion of a three-month period for which a payment has been
made pursuant to Section 5.01 of this agreement, the entire amount paid shall belong to
the County without prorating, as liquidated damages to cover the County's anticipated
costs for staffing and equipment to provide services hereunder.
5.03 SOURCE OF PAYMENT. The City agrees that payments that it is
required to make under this agreement shall be made out of the City's current revenues.
SECTION 6. CIVIL LIABILITY
3
6.01 Any civil liability relating to the furnishing of services under this
agreement shall be the responsibility of the City. The parties agree that the County shall
be acting as agent for the City in performing the services contemplated by this agreement.
6.02 The City shall hold the County free and harmless from any obligation,
costs, claims, judgments, attorney's fees, attachments, and other such liabilities arising
from or growing out of the services rendered to the City pursuant to the terms of this
agreement or in any way connected with the rendering of said services, except when the
same shall arise because of the willful misconduct or culpable negligence of the County,
and the County is adjudged to be guilty of willful misconduct or culpable negligence by a
court of competent jurisdiction.
SECTION 7. AMENDMENT
This agreement shall not be amended or modified other than in a written
agreement signed by the parties.
SECTION 8. CONTROLLING LAW
This agreement shall be deemed to be made under, governed by, and construed in
accordance with the laws of the State of Texas.
SECTION 9. NOTICES
9.01 FORM OF NOTICE. Unless otherwise specified, all communications
provided for in this agreement shall be in writing and shall be deemed delivered, whether
actually received or not, forty-eight (48) hours after deposit in the United States mail,
first class, registered or certified, return receipt requested, with proper postage prepaid or
immediately when delivered in person.
9.02 ADDRESSES. All communications provided for in this agreement shall
be addressed as follows:
2
(A) Collin County, to:
Purchasing Department
2300 Bloomdale 43160
McKinney, Texas 75071
(B) If to the City, to:
Police Chief
Anna, TX 75409
(C) Collin County, Virtual Private Network (VPN) to:
Information Technology Department
2300 Bloomdale #3198
McKinney, Texas 75071
Or to such person at such address as may from time to time be specified in a notice
given as provided in this Section 9. In addition, notice of termination of this agreement
by the City shall be provided by the City to the County Judge of Collin County as
follows:
The Honorable Keith Self
Collin County Judge
Collin County Administration Building
2300 Bloomdale Rd. Suite 4192
McKinney, Texas 75071
SECTION 10. CAPTIONS
The headings to the various sections of this agreement have been inserted for the
convenient reference only and shall not modify, define, limit or expand the express
provision of this agreement.
SECTION 11. COUNTERPARTS
This agreement may be executed in counterparts, each of which, when taken
separately, shall be deemed an original.
5
SECTION 12. OBLIGATIONS OF CONDITION
All obligations of each party under this agreement are conditions to further
performance of the other party's continued performance of its obligation under the
agreement.
SECTION 13. EXCLUSIVE RIGHT TO ENFORCE THIS AGREEMENT
The County and the City have the exclusive right to bring suit to enforce this
Agreement, and no party may bring suit, as a third -party beneficiary or otherwise, to
enforce this agreement.
SECTION 14. PRIOR AGREEMENTS SUPERSEDED
This agreement constitutes the sole and only agreement of the parties hereto and
supersedes any prior understanding or written oral agreements between the parties
respecting the services to be provided under this agreement.
Co
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS
AGREEMENT AS OF THE DAY AND YEAR FIRST ABOVE WRITTEN.
"COUNTY"
COLLIN COUNTY, TEXAS
BY:
TITLE:
DATE:
"CITY"
BY: Philip Sanders
TITLE: City Manager
DATE: December 13, 2016
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Item No. 5.h.
City Council Agenda
Staff Report
Meeting Date: 12/13/2016
YOUR) HOMETOWN
AGENDAITEM:
Resolution approving a development plat of the Hartline Addition. (Maurice Schwanke)
SUMMARY:
Ms. Kathy Hartline has submitted an application for approval of a development plat of the Hartline
Addition. This 2-acre tract is located within Anna's extraterritorial jurisdiction at 10242 Twin Creeks
Circle. The owner is proposing to build a house and a storage building on the property. The
submittal meets the City of Anna development plat requirements and the Planning and Zoning
Commission has recommended approval.
STAFF RECOMMENDATION:
Staff recommends approval of the attached Resolution and development plat.
ATTACHMENTS:
Description Upload Date Type
Resolution Approving the Harline Development Plat 12/7/2016 Resolution
Exhibit 1, Hartline Development Plat 12/2/2016 Exhibit
Hartline Location Map 12/2/2016 Backup Material
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE "HARTLINE
DEVELOPMENT PLAT"
WHEREAS, in order to provide for the orderly development of land within the Anna city
limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the
"City Council") has adopted Part III -A of the Anna City Code of Ordinances ("Subdivision
Regulations"); and
WHEREAS, Kathy Hartline has submitted an application for approval of a development
plat of the Hartline 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 Hartline Addition
attached hereto as Exhibit 1.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 13t"
day of December, 2016.
ATTEST: APPROVED:
City Secretary, Carrie L. Smith Mayor, Mike Crist
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CLERK'S FILE NO. DESCRIPTION 1.999 ACRE
20160809001034390 SITUATED in the City of Anna, Collin County, Texas, in the R. A. Johnson survey,
abstract no. 479, being a survey of the 2.000 acre tract described in a deed from
Keith Clark Hartline to Katherine George Hartline, dated October 9, 1997, recorded as
clerk's file no. 97-0093892 of the Collin County deed records, being described by
metes and bounds as follows:
BEGINNING at a 1/2-inch iron pin found at the northeast corner of said 2.000 acre
tract; same being the southeast corner of the 2.185 acre tract recorded in volume
2307, page 211 and being in the west line of the 54.74 acre tract recorded as clerk's
file no. 20160809001034390;
THENCE South 00'08'11" East, with the east line of said 2.000 acre tract and the
west line of said 54.74 acre tract, 207.22 feet to a 1/2-inch iron pin set at the
southeast corner of said 2.000 acre tract; a 1/2-inch iron pin found bears North
89'57'43" East, 0.35 foot;
THENCE South 89'57'43" West, with the south line of said 2.000 acre tract and
the north line of the 1.000 acre tract recorded as clerk's file no. 20151211001545150,
passing a ih-inch iron pin found at 389.8 feet and continuing in all, 420.00 feet to a
point in Twin Creeks Circle at the southwest corner of said 2.000 acre tract; same
being in the east line of the 2.2134 acre tract recorded in volume 4781, page 846;
THENCE North 00'08'10" West, with the west line of said 2.000 acre tract, the
east line of said 2.2134 acre tract and with said Twin Creeks Circle, 207.45 feet to
the northwest corner of said 2.000 acre tract and the northeast corner of said 2.2134
acre tract; same being the southwest corner of said 2.185 acre tract and the
southeast corner of the 2.198 acre tract recorded in volume 3803, page 454;
THENCE North 89'59'39" East, with the north line of said 2.000 acre tract and the
south line of said 2.185 acre tract, passing a 5/8-inch iron pin found at 30.13 feet
and continuing in all, 420.00 feet to the PLACE OF BEGINNING and containing 1.999
acre.
The above described tract was surveyed on the ground and under my supervision.
Office work completed on November 30, 2016
f.
Bruce Geer
Registered Professional Land Surveyor, No. 4117
1101 W. University Drive(U.S. Highway 380)
McKinney, Texas 75069
972-562-3959
972-542-5751 fax
Bearing base: Calculated line between "x" in concrete found at the intersection of Black
Willow Trail and Walnut Way N" in concrete found at the intersection of Black Maple
Drive and Walnut Way as recorded in plat of Oak Hollow Estates, phase 5 recorded in
volume p, page 966 of the Collin County plat records.
ACCORDING TO FEMA MAP NO. 48085CO155J, DATED 6-2-2009, THE ABOVE DESCRIBED
TRACT OF LAND IS NOT IN THE 100 YEAR FLOOD PLAIN.
SITE ADDRESS: 10242 TWIN CREEKS CIRCLE
ANNA, TEXAS. 75409
40 0 40 80
Scale: 1" = 40'
FIRM: BRUCE GEER, SURVEYOR
FIRM REGISTRATION # 10150700
OWNER: KATHERINE HARTLINE
10242 TWIN CREEKS CIRCLE
ANNA, TEXAS 75409
SURVEYOR: BRUCE GEER, R.P.L.S. NO. 4117
1101 W. UNIVERSITY DRIVE
MCKINNEY, TEXAS 75069
PHONE 972-562-3959
FAX 972-542-5751
DEVELOPMENT PLAT
CITY OF ANNA
1.999 ACRE OF LAND LOCATED IN THE
R. A. JOHNSON SURVEY, ABSTRACT NO. 479
COLLIN COUNTY, TEXAS
SHEET 1 OF 1
T
Item No. 6.
City Council Agenda
Staff Report
Meeting Date: 12/13/2016
AGENDAITEM:
Consider/Discuss/Action regarding a Resolution approving a Second Amended and Restated
Facilities Agreement UDF Northpointe, LLC. - 184.01 Acre Tract. (Maurice Schwanke)
When the Northpointe Crossing subdivision was approved, the City signed a Facilities Agreement
which outlined the obligations of the developer and the City with regard to certain infrastructure and
other public improvements. Part of the Agreement requires the developer of a future phase of the
property, to construct a walking trail through a greenbelt that bisects the property. Upon
completion of the trail, the City is required to reimburse the developer for the construction cost of
the trail from Park Fees collected in connection with development of the subdivision. The
maximum reimbursable amount is $175,000. To date, the City has collected $130,500 in Park
Fees from Northpointe.
Staff is recommending that the Facilities Agreement be amended to remove the requirement for
the developer to construct the trail in the greenbelt area. The greenbelt is entirely contained within
the Northpointe subdivision and the proposed trail would not connect to the City's master trail
system. Removal of this requirement would unencumber the Park Fees collected so far and
make them available for other City park projects and capital improvements or park equipment.
The current Northpointe developer supports this proposed amendment.
The Council previously considered this item on November 8th. A motion to approve the
amendment failed on a 3 to 3 tie vote. Council requested an opportunity to revote on December
13.
STAFF RECOMMENDATION:
Staff recommends approval of the attached Resolution and the amended Agreement.
ATTACHMENTS:
Description
Resolution
Exhibit 1, Amended Agreement
Northpointe Crossing Greenbelt
Upload Date
Type
12/8/2016
Resolution
10/27/2016
Exhibit
10/31 /2016
Backup Material
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A SECOND AMENDED
AND RESTATED FACILITIES AGREEMENT UDF NORTHPOINTE, LLC. - 184.01 ACRE
TRACT.
WHEREAS; when the Northpointe Crossing subdivision was approved, the City signed a
Facilities Agreement which outlined the obligations of the developer and the City with regard
certain infrastructure and other public improvements; and
WHEREAS, part of the Agreement requires the developer of a future phase of the property,
to construct a walking trail through a greenbelt that bisects the property; and
WHEREAS, upon completion of the trail, the City is required to reimburse the developer for
the construction cost of the trail from Park Fees collected in connection with development of
the subdivision up to $175,000; and
WHEREAS, staff is recommending that the Facilities Agreement be amended to remove the
requirement for the developer to construct the trail in the greenbelt area; and
WHEREAS, the greenbelt is entirely contained within the Northpointe subdivision and the
proposed trail would not connect to the City's master trail system; and
WHEREAS, removal of this requirement would unencumber the Park Fees collected so far
and make them available for other City park projects and capital improvements or park
equipment; and
WHEREAS, the current Northpointe developer supports this proposed amendment.
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 Second Amended and Restated Agreement.
The City Council hereby approves the Second Amended and Restated Facilities Agreement
UDF Northpointe, LLC. - 184.01 Acre Tract, attached hereto as Exhibit 1, and ratifies and
approves the City Manager's execution of the same. The City Manager is hereby
authorized to execute all documents and to take all other actions necessary to finalize and
enforce the Agreement.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 13t" day
of December, 2016.
ATTEST:
APPROVED:
City Secretary Carrie L. Smith Mayor Mike Crist
RES
EXHIBIT 1
SECOND AMENDED AND RESTATED FACILITIES AGREEMENT UDF NORTHPOINTE,
LLC-184.01 ACRE TRACT
This Second Amended and Restated Facilities Agreement UDF Northpointe, LLC-184.01 Acre
Tract (this "Second Amendment") is entered into between and among the City of Anna, Texas
(the "City") and LGI Homes -Texas LLC., ("Owner") as follows:
WHEREAS, Owner and the City are sometimes collectively referenced in this Second
Amendment as the "Parties"; and
WHEREAS, on May 27, 2008, the Owner's predecessor and the City entered into an Amended
and Restated Facilities Agreement UDF Northpointe, LLC-184.01 Acre Tract (the "Facilities
Agreement"), related to the development of the Property; and
WHEREAS, the Owner's predecessor has assigned the Facilities Agreement to the Owner for
the portion of the Property purchased by the Owner; and
WHEREAS, the City and the Owner now desire to amend the Facilities Agreement to address
the construction of a walking trail within the greenbelt; and
WHEREAS, the capitalized terms used in this Second Amendment are as defined in the
Facilities Agreement unless expressly set forth to the contrary herein; and
WHEREAS, it is the Parties' mutual intent that this Second Amendment shall govern only the
subject matter specifically set forth herein and shall supersede any previous agreement
between the Parties only to the extent that any such agreements directly conflict with the terms
of this Second Amendment; and
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties
agree as follows:
SECTION 1 RECITALS INCORPORATED
The recitals set forth above are incorporated herein as if set forth in full to further describe the
Parties' intent under this Second Amendment and said recitals constitute representations by
Owner and the City.
SECTION 2 AMENDMENT TO RECITALS
The Recitals on page 1 of the Facilities Agreement are hereby amended by deleting Recital
E as follows:
SECOND AMENDED AND RESTATED FACILITIES AGREEMENT UDF NORTHPOINTE, LLC-184.01 ACRE TRACT
Page 11
Man
SECTION 3 AMENDMENT TO SECTION 5. PARK IMPROVEMENTS
Section 5. of the Facilities Agreement is hereby amended by deleting paragraph (a),
amending paragraph (c), and deleting paragraph (e) as follows:
Greenbelts.Thim ■_
Exhibit 1. The greenbelt areas west of Bowen Drove and east of Durnas Drove
DeveloperExhibit 1 aFe to be dediGated by the
developers, The greenbelt area will be owned and maintained by the homeowners'
association.,
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SECTION 4 CONFLICTS AND EFFECTIVE DATE
SECOND AMENDED AND RESTATED FACILITIES AGREEMENT UDF NORTHPOINTE, LLC-184.01 ACRE TRACT
Page 12
To the extent of any conflict between this Second Amendment and the Facilities
Agreement, this Second Amendment shall govern. The Effective Date of this Second
Amendment is the date that the last of the Parties' signatures to this Second Amendment is
fully and properly affixed to this Second Amendment and acknowledged by a public notary.
The City's duties and obligations hereunder shall not arise unless and until the City Council
has duly adopted this Second Amendment and Owner has duly executed same.
[SIGNATURES PAGES FOLLOW, REMAINDER OF THIS PAGE INTENTIONALLY LEFT
BLANK]
SECOND AMENDED AND RESTATED FACILITIES AGREEMENT UDF NORTHPOINTE, LLC-184.01 ACRE TRACT
Page 13
OWNER
LGI Homes -Texas LLC, a Texas Limited Liability Company
By: LGI HOMES, INC., a Delaware corporation, its owner/manager
No
Michael Snider, its President
IN WITNESS WHEREOF:
STATE OF TEXAS §
COUNTY OF §
Before me, the undersigned notary public, on the day of , 2016,
personally appeared Michael Snider, known to me (or proved to me) to be the person whose
name is subscribed to the foregoing instrument, and acknowledged to me that he executed the
same in his capacity as President of LGI Homes, Inc. on behalf of LGI Homes -Texas LLC.
Notary Public, State of Texas
SECOND AMENDED AND RESTATED FACILITIES AGREEMENT UDF NORTHPOINTE, LLC-184.01 ACRE TRACT
Page 14
CITY OF ANNA
Philip Sanders, City Manager
IN WITNESS WHEREOF:
STATE OF TEXAS §
COUNTY OF §
Before me, the undersigned notary public, on the day of , 2016,
personally appeared Philip Sanders, known to me (or proved to me) to be the person whose
name is subscribed to the foregoing instrument, and acknowledged to me that he executed the
same in his capacity as City Manager of the City of Anna, Texas.
Notary Public, State of Texas
SECOND AMENDED AND RESTATED FACILITIES AGREEMENT UDF NORTHPOINTE, LLC-184.01 ACRE TRACT
Page 15
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Item No. 7.
City Council Agenda
Staff Report
Meeting Date: 12/13/2016
YOUR) HOMETOWN
AGENDAITEM:
Consider/Discuss/Action on an appointment to fill a vacancy on the Parks Advisory Board. (City
Council)
SUMMARY:
Due to a move, Erin Cogar has resigned and vacated her position in Place 5 on the Parks
Advisory Board. The Parks Advisory Board advises the City Council on park -related matters. The
Board assists in the development of the parks master plan and reviews and recommends
approval of the concept plans for new parks. Members assist in raising funds for the construction
of new park facilities including the development of grant applications. The Board also makes
recommendations related to the development of new park and recreation programs. Membership
consists of five volunteers who serve for two-year staggered terms. Meetings normally occur on
the third Monday of each month at 7:00 p.m.
We have one applicant, Kirby Barrett. All eligibility and background checks have been completed.
STAFF RECOMMENDATION:
Staff recommends that the Council make an appointment to fill Place 5 on the Parks Advisory
Board.
ATTACHMENTS:
Description Upload Date Type
Barrett, Kirby Application 11 /15/2016 Backup Material
CITY OF ANNA
APPLICATION FOR
CITY COUNCIL -APPOINTED BOARDS AND COMMISSIONS
Please print or type
Note: Applications will be held for one (1) year.
Board/Commission Preference: (Select in order from 0-5)
5 DEDC —Economic Development Corporation 2 a CDC —Community Development Corporation
3 E] P&Z* —Planning and Zoning Commission 10 Parks Advisory Board
4 El Board of Adjustments *Commission members must be qualified City voters.
Name: Kirby Barrett Date of Birth:09/16/1981
Any previous/other name(s):
Home Address: 1822 Sable Wood Dr,
Home Telephone:972.876.2657
Home E-mail: ksbarrett@hotmail.com
Cell Phone: same
in Anna for 1.5 years
Preferred method of contact: � Home 0 Cell or ❑Email
Are you a registered voter in the City of Anna? ✓❑Yes or ❑ No
Profession/occupation: Landscape Architect
Business Name: Kimley-Horn
Special knowledge or experience applicable to board/commission function•
I am a landscape architect with experience in the planning, design and construction of outdoor
spaces, including parks. I also work with developers in the design and construction of commercial
properties (primarily multi -family, office/campus, and mixed -use properties).
Other information (e.g. civic activities
Have you ever been convicted of a felony or a crime of moral tur itude? (Note: Generally, a crime of moral
turpitude is a crime involving dishonesty). Yes or �No
Criminal background checks will be conducted on applicants. By signing below, you are representing that all of the information
stated/n this annHOMon is true and correct.
II 8 I
Date
Email Form
Please return completed application to:
Office of the City Secretary 972-924-3325
111 N. Powell Parkway PO Box776 Print
Anna, TX 75409-0776 csmithrolannatexas.gov
I
Item No. 8.
City Council Agenda
Staff Report
Meeting Date: 12/13/2016
YOUR) HOMETOWN
AGENDAITEM:
Consider/Discuss/Action on a Resolution making an appointment to serve a two-year term on the
Greater Texoma Utility Authority Board of Directors. (City Council)
SUMMARY:
The Greater Texoma Utility Authority (GTUA) is a local political subdivision of the State and is
governed by a Board of Directors. The Authority is a special -law district organized under Article
XVI, Section 59, of the Texas constitution and operates under Chapter 49 of the Texas Water
Code. GTUA member cities include: Denison, Sherman Anna, Bailey, Collinsville, Ector,
Gainesville, Gunter, Howe, Leonard, Muenster, Pottsboro, Tioga, Tom Bean, Valley View, Van
Alstyne, Whitesboro, and Whitewright.
The Authority operates under the provisions of Chapter 49 of the Texas Water Code. The Authority
has no taxing power, but may incur debt by the issuance of bonds supported by revenues from the
operations it finances. The Authority may enter into contracts to provide services for member
cities and others when requested. The Authority provides its member cities with assistance in
financing and construction of water and wastewater facilities. The Authority may also be requested
to provide operations services for water and wastewater facilities by member cities and others.
The Authority is governed by a Board of Directors appointed by its member cities. Places 1, 2,
and 3 are appointed by the City of Denison. Places 4, 5, and 6 are appointed by the City of
Sherman. The City of Gainesville appoints a member for Place 7, with Place 8 appointed by the
City of Anna. Place 9 is appointed by the general law member cities. Board members serve two-
year terms. Half of the Directors are appointed each year so that the terms overlap. The Board of
Directors is responsible for establishing all policies of the Authority.
Mr. Dave Stump currently serves as the City of Anna's appointee to the Greater Texoma Utility
Authority's Board of Directors in Place 8. His term expires at the end of 2016. Mr. Stump is
eligible for and has asked to be considered for reappointment to another term. The Board
typically meets on the third Monday of each month at 12:00 noon.
STAFF RECOMMENDATION:
Staff recommends that the Council fill the appointnent by approval of the attached Resolution.
ATTACHMENTS:
Description Upload Date Type
Proposed Resolution 12/8/2016 Resolution
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS MAKING AN APPOINTMENT TO THE
GREATER TEXOMA UTILITY AUTHORITY BOARD OF DIRECTORS
WHEREAS, the City of Anna, Texas (the "City") is a member of the Greater Texoma Utility
Authority ("GTUA" or the "Authority"); and,
WHEREAS, GTUA is a special -law district organized under Article XVI, Section 59, of the
Texas constitution and operates under Chapter 49 of the Texas Water Code; and,
WHERAS, GTUA is governed by a Board of Directors appointed by its member cities; and,
WHEREAS, Place 8 on the GTUA Board is appointed by the City Council of the City of Anna,
Texas (the "City Council"); and,
WHEREAS, the term of current GTUA Board member serving in Place 8 expires at the end
of 2018.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Appointment to the GTUA Board of Directors.
The City Council hereby appoints
term in Place 8 on the GTUA Board of Directors.
to serve a two-year
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 13t" day
of December 2016.
ATTEST: APPROVED:
City Secretary Carrie L. Smith
Mayor Mike Crist
RES. PAGE 1 OF 1
I
Item No. 9.
City Council Agenda
Staff Report
Meeting Date: 12/13/2016
YOUR) HOMETOWN
AGENDAITEM:
Consider/Discuss/Action regarding an Ordinance replacing Ordinance No. 343-2007 authorizing
the Anna Fire Department to charge the cost of certain emergency and rescue services within the
response area of the Anna Fire Department. (Chief Gothard)
SUMMARY:
In 2007 the City Council approved an ordinance that established a revenue recovery program that
allows the Fire Department to recover a portion of the cost associated with responding to certain
prolonged events such as motor vehicle accidents, hazardous materials spills, etc. In many
cases, persons or entities requiring emergency service resulting from a major incident have
insurance coverage that will partially reimburse the City for costs associated with the use, loss,
damage and wear and tear to the tools, equipment and materials used in connection with
rendering emergency services.
Residents of the City of Anna, receiving emergency services rendered by the Anna Fire
Department are exempt from the service charges and revenue recovery plan provided for in the
Ordinance. Calls for service at single family structure fires within the Anna city limits, and first
responder/medical assist calls to a residence (not involving a motor vehicle) within the Anna city
limits are also exempt from the service charges.
Earlier this year, Revenue Rescue, the company that had previously been approved for billing for
services, went out of business. While researching companies that could replace Revenue
Rescue, Staff reviewed the 2007 Ordinance and is recommending that a couple of issue be
addressed in a revised Ordinance.
1. The revised Ordinance replaces language that referred to the Anna Volunteer Fire
Department with the Anna Fire Department.
2. While most of the fees will remain the same as previously approved in the 2007 ordinance,
the revised Ordinance adopts a new fee schedule with a few changes. (the 2007 Ordinance
and fee schedule is provided with this staff report for comparative purposes)
Section 4 of the proposed ordinance has been revised to clarify that commercially owned, operated,
or zoned properties are also eligible for the exemption. granted to residents of the City of Anna.
STAFF RECOMMENDATION:
Staff recommends approval of this revised Ordinance.
ATTACHMENTS:
Description
Cost Recovery Ordinance
Exhibit A, Fee Schedule
Original Ord. No. 343-2007
Upload Date
Type
12/8/2016
Ordinance
10/18/2016
Exhibit
10/18/2016
Backup Material
CITY OF ANNA, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ANNA, TEXAS AUTHORIZING THE ANNA FIRE
DEPARTMENT TO CHARGE THE COST OF CERTAIN EMERGENCY AND RESCUE
SERVICES WITHIN THE RESPONSE AREA OF THE ANNA FIRE DEPARTMENT.
WHEREAS, the Anna Fire Department provides fire suppression, emergency and
rescue services to, in and around the City of Anna, Texas; and
WHEREAS, the Anna Fire Department is equipped with and utilizes certain apparatus,
emergency tools, equipment and materials as a means of saving lives and property; and
WHEREAS, the purchase, repair and replacement of said tools, equipment and
materials for the Anna Fire Department is a significant expense for the City of Anna,
Texas; and
WHEREAS, the Anna Fire Department has requested that the City Council of the City of
Anna establish a revenue recovery plan through which beneficiaries of the services of
the Anna Fire Department are required to pay a fair and reasonable share of the cost of
loss and wear and tear to apparatus, tools, equipment and materials used and the cost
of the specialized training provided to the firefighters of the Anna Fire Department in the
use of such tools, equipment and materials, so that a safe and appropriate level of
service can be maintained and made available to the CITY; and
WHEREAS, the persons or entities requiring emergency services of the Anna Fire
Department and for whom the referenced apparatus, tools, equipment and materials
have been utilized have insurance coverage that will reimburse the costs associated
with the use, loss, damage and wear and tear to said tools, equipment and materials
incurred in connection with the act of rendering emergency services to said persons or
entities.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1: The City of Anna recognizes and supports the right of the Anna Fire
Department to bill certain persons and entities, including without limitation insurance
companies that provide insurance coverage to said persons and entities, for the
reasonable costs that are related to the use, loss, damage and wear and tear to said
apparatus, tools, equipment and materials necessary to provide the emergency services
rendered to said persons and entities subject to the exemptions and limitations set forth
in this ordinance.
1.
Section 2: Fees shall be collected for services provided by the Anna Fire Department
both inside and outside the City Limits of Anna in accordance with "Exhibit A" attached
hereto. Fire Administration shall utilize applicable incident report information that will be
forwarded to the Anna Fire Department's authorized agent for the collection of fees.
Section 3: The Anna Fire Department, or their authorized agent, shall submit an
invoice to the person, entity or relevant insurance company covering the particular loss
for the emergency services rendered. If it can be reliably determined that there is no
insurance coverage for a particular emergency call which causes the Anna Fire
Department to use or incur loss, damage and wear and tear to apparatus, tools,
equipment and materials the Anna Fire Department may collect any such fees from the
person or entity that received said emergency services or the person or entity
responsible for the debts and obligations of the person or entity that received such
emergency services.
Section 4: Residents of the City of Anna, receiving emergency services rendered by
the Anna Fire Department are hereby exempted from the Anna Fire Department service
charges and revenue recovery plan contained herein. Any commercially owned,
operated, or zoned property shall not be eligible for said exemption.
Section 5: Calls for service at residential structure "single family residence" fires within
the Anna City limits shall not be subject to any of the Anna Fire Department service
charges contained herein. First Responder/Medical Assist calls to a residence, i.e., not
involving a motor vehicle, within the Anna City Limits are hereby exempted from the
Anna Fire Department service charges contained herein.
Section 6: This ordinance shall be cumulative of all provisions of ordinances of the City
of Anna, Texas, except where the provisions of this Ordinance are in direct conflict with
the provisions of such ordinances, in which event the conflicting provisions of such
ordinances are hereby repealed, and are no longer of any force and effect including
without limitation Ordinance No. 343-2007.
Section 7: It is hereby declared to be the intention of the City Council that the phrases,
clauses, sentences, paragraphs, and sections of this ordinance are severable, and if
any phrase, clause, sentence, paragraph or section of this ordinance shall be declared
invalid by the final valid judgment or decree of any court of competent jurisdiction, such
invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs,
and sections of this ordinance, since it would have been enacted by the City Council
without the incorporation in this ordinance of any such invalid phrase, clause, sentence,
paragraph or section.
Section 8: This ordinance shall take effect immediately from and after its passage and
the publication of the caption, as the law in such cases provides.
PASSED AND APPROVED by order of the City Council of the City of Anna, Texas on
this the 13t" day of December, 2016.
ATTEST:
APPROVED:
City Secretary Carrie L. Smith Mayor Mike Crist
Ordinance #
Exhibit A
The following fees shall be assessed and collected for the use of apparatus, tools,
equipment, and materials:
ITEMS TO BE BILLED PER HOUR:
"The minimum usage charge for any item on this list is one hour, and for any additional
hours or portion thereof, the charge will be prorated accordingly.
Unit of Measure
Apparatus
Price per Hour
Per Engine
Class A Engine
$500.00
Per Aerial
Aerial
$500.00
Per Rescue Unit
Rescue
$400.00
Per Brush Truck
Brush Truck
$400.00
Per Command unit
Command Car / Truck
$200.00
Per Support Vehicle
Utility /Support
$100.00
Per P.P.V. fan
P.P.V. fan
$55.00
Per Generator
Generator - portable
$55.00
Per Saw
Chain saw
$45.00
Per Pump
Portable Pump
$95.00
Per Pump
Floating
$65.00
RESOLUTION PAGE 1 OF 3
FIRE EQUIPMENT
Tool
Price
Unit of Measure
Foam Nozzle
$55.00
Per Incident
Foam Eductor
$50.00
Per Incident
AFFF Foam
$40.00
Per Gallon
Class A Foam
$25.00
Per Gallon
Piercing Nozzle
$40.00
Per Incident
M/S Fog Nozzle
$55.00
Per Incident
M/S Straight Bore Nozzle
$30.00
Per Incident
Salvage Cover
$28.00
Each Used
SCBA Pack
$85.00
Each Used
Hall Runner
$18.00
Per Incident
Portable Tank
$75.00
Per Incident
Water Extinguisher
$22.00
Per Incident
Dry Chemical Extinguisher
$45.00
Per Incident
CO2 Extinguisher
$45.00
Per Incident
Scene Lights
$22.00
Each Used
Water Vest
$30.00
Each Used
Thermal Imaging Camera
$75.00
Per Incident
Heat Detection Gun
$75.00
Per Incident
Sawzall
$55.00
Per Incident
RESCUE EQUIPMENT
Tool
Price
Unit of Measurement
Spreaders
$250.00
Per Incident
Cutters
$250.00
Per Incident
Rams
$250.00
Per Incident
Air Bags
$250.00
Per Incident
Rescue Jacks
$250.00
Per Incident
K-12 Saw
$55.00
Per Incident
Target Saw
$55.00
Per Incident
Ajax Tool
$25.00
Per Incident
K-Tool
$25.00
Per Incident
Windshield Tool
$15.00
Per Incident
Rescue Blanket
$32.00
Each Used
Rope
$25.00
Each Used
RESOLUTION PAGE 2 OF 3
HAZARDOUS MATERIAL EQUIPMENT
Supplies / Service
Price
Unit of Measurement
Absorbent
$17.00
Per Bag
Absorbent Booms
$40.00
Each Used
Top Sol
$35.00
Each Used
Disposal Coveralls
$30.00
Each Used
Neoprene Gloves
$20.00
Each pair Used
Latex Gloves
$6.00
Each pair Used
Over Boots
$25.00
Each Used
Disposable Goggles
$15.00
Each Used
Gas Plug Kit
$50.00
Each Used
Plg & Dike
$65.00
Each Used
Drum Liners
$10.00
Each Used
Barricade Tape
$22.00
Each Used
Poly Sheeting
$55.00
Each Used
Removal of Hazardous
Material
$150.00
Per Incident
Disposal of Hazardous
Material
$150.00
Per Incident
Multi Gas Detector
$65.00
Per Incident
CO2 Meter
$65.00
Per Incident
Terrazyme
$70.00
Each Used
Micro blaze
$10.00
Per Quart
Micro Blaze
$150.00
Per 5 gallons
Collision Investigation Fee of two hundred seventy -five dollars ($275.00) to be
charged in responses where no mitigation services, debris removal, or rescue
services are performed.
RESOLUTION PAGE 3 OF 3
CITY OF ANNA., TEXAS
ORDINANCE NO. 343- 007
AN ORDINANCE OF THE CITY OF ANNA, TEXAS AUTHORIZING THE ANNA
VOLUNTEER FIRE DEPARTMENT TO CHARGE THE COST OF CERTAIN
EMERGENCY AND RESCUE SERVICES WITHIN THE RESPONSE AREA OF THE
ANNA VOLUNTEER FIRE DEPARTMENT.
WHEREAS. the Anna Volunteer Fire Department provides fire suppression, emergency,
and rescue services to, in ,and around the City of Anna, Texas; and
WHEREAS, the Anna Volunteer Fire Department is equipped with and utilizes certain
apparatus, emergency tools, equipment, and materials as a means of saving lives and
property, and
WHEREAS, the purchase, repair and replacement of said tools, equipment, and materials
for the Anna Volunteer Fire Depprtrnent is a significant expense for the City of Anna,
Texas; and
WHEREAS, the Anna Volunteer Fire Department has requested that the City Council of the
City of Anna establish a revenue recovery plan through which beneficiaries of the services
of the Anna Volunteer Fire Department are required to pay a fair and reasonable share of
the cost of loss and wew and tear to apparatus, tools, equipment. and materials used and the
cost of the specialized training provided to the firefighters of the Anna 'Volunteer Fire
Department in the use of such tools, equipment, and materials, so that a safe and
appropriate level of service can be maintained and made available to the errs; and
WHEREAS, the persons or entities requiring emergency services of the Anna Volunteer
Fire Department and for whom the referenced apparatus, tools, equipment, and materials
have been utilized have insurance coverage that will reimburse the costs associated with
the use, Iossr damage and wear and tear to said tools, equipment, and materials incurred in
connection with the act of rendering emergency services to said persons or entities.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA., TEXAS, THAT:
Section 1: The City of Anna recognizes and supports the right of the Anna Volunteer Fire
Department (a separate and distinct entity, not park of the City of Anna) to kill persons and
entities, including insurance companies that provide insurance coverage to said persons
and entities, for the reasonable costs that are related to the use, loss, damage, and wear
and tear to said apparatus, tools, equipment, and materials necessary to provide the
emergency services rendered to said persons and entities subject to the exemptions and
limitations set forth in this ordinance,
Ord. Na_ 343-2007 Anna VrT] Revenue Recavcn- 111an_dac_ 1 04? -14-k7
Section 2: Fees shall be collected for services provided by the Anna Volunteer Fire
Department both inside and outside the City Limits of Anna in accordance with "Exhibit A„
attached hereto_ Fire Administration shall utilize applicable incident report infofrnation that
will be forwarded to the Anna Volunteer Fire: Departments authorized agent for the
collection of fees -
Sec ti on : The Anna Volunteer Fire Uepartment, or their authorized agent, shadI submit an
invoice to the person, entity or relevant insurance company covering the particular loss for
the emergency services rendered_ If it can be reliably determined that there is no insurance
coverage for a particular emergency call which causes the Anna Volunteer Fire Department
to use or incur loss, damage, and wear and tear to apparatus, tools, equipment, and
materials the Anna Volunteer Fire Department may collect any such fees from the person
or entity that received said emergency services or the person or entity responsible for the
debts and obligations of the person or entity that received such emergency services_
Section 4; Residents of the City of Anna, receiving emergency services rendered by the
Anna Volunteer Fire Department are hereby exempted from the Anna Volunteer Fire
Department service charges and revenue recovery plan contained herein. Any
commercially owned, operated, or zoned property shall not be eligible for said
exemption,
Section & Calls for service at residential structure "single family residence" fire$
within the Anna City limits shall not be subject to any of the Anna Volunteer Fire
Department service charges contained herein. First Responder/Medical Assist calls to a
residence, i_e., not involving a motor vehicle, within the Anna City Limits are hereby
exerpted from the Anna Volunteer Fire Department service charges contained hEerein_
Section B: This ordinance shall be cumulative of all provisions of ordinances of the City of
Anna. Texas, except where the provisions of this Ordinance are in direct conflict "th the
previsions of such ardinances, in which event the conflicting provisions of such ordinances
are hereby repealed,' and are no ,longer of any force and effect.
Section 7: It is hereby declared to be the intention of the City Council that the phrases_
clauses, sentences, paragraphs, and sections of this ordinance are severable_ and if any
phrase, clause, sentence, paragraph, or section of this ordinance shall be declared invalid
by the final valid judgment or decree of any court of competent jurisdiction. such
invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs,
and sections of this ordinance, since it would have been enacted by the City Council
without the incorporation in this ordinance of any such invalid phrase, clause. sentence:
paragraph,. or section.
Section 8: This ordinance shall take effect immediately from and after its passage and the
pubiication of the captivnr as the law in such oases provides.
PASSED AND APPROVED BY ORDER OF THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS ON THIS THE 14th DAY OF AUGUST. 2007.
AYE 7 NAY 0 ABSTAIN 0
Ord. No. 343-2007 Anna VFD Rcvmuc Rmovcry Plan.doc_ 2 08-] 4-07
ATTEST -
fiat a V ilkison, City Sedetary
4k;y5Jkj 111411 ftll,"
0Ex
fflfllf/IIJ1115h151X;}
�nPelha�,-yor
ord. No. 343-2007 Anna VFD Revonue Rexavery Flart_dac_ 3 08-14-07
Exhibit A Ordinance No. 43-2007
The following fees shall he assessed and oollected for the use of apparatus. tools, equipinent. and
materials;
ITEMS TO BE BILLED ON AN HOURLY BASIS..
`The minimum usage charge for any item on this list is one hour, and
or any additional Fours or portion thereof, the charge will be prorated
ccordirr Iv.
Unit of Measure
Apparatus
Prices per Hour*"
Per Engine
Class A Engine
$500.0Q
Per Aerial
Aerial
$500.0
Per Rescue unit
Rescue(Heavy)
$600_I
Per Brush unit
Per ommand unlit
Brush Truck
S400.0C
$2Q0.0
CommandCar/Truck
Per PPV fan
PPV Fars
$55_0
Per Generator
Generator, Portable
$55.00
Per Generator
Generator
$55.00
Per Saw
Chain Saw
$45.0
Per Pump
Portable Pump
95_0
Per Pump
Float Pump
$65.0q
FIRE E C
IP EN T
Tool
price
Unit of
Measurement
Foam Nozzle
$55_00
Per Incident
oam Edu for
$50.00 Per Incident
FFF Foam
$40,00
Per Gallon
lass A Foam
$25_69
Per Gallon
iereing Nczzie
$40,00
Per Incident
MIS Fog Nozzle
$55.00
Per Incident
MIS Straight Bore Nozzle
$30,00
Per Incident
Salvage Dover
28.00
Each Used
OBA Pack
$85,00
Each Used
Hall Runner
$18.00
Per Incident
Portable Tanis
$75.00
Per incident
Water Extin uish—er
$22,00
Per Incident
Dry Chemical Extinguisher
$45,00
Per Incident
CO2 Extinguisher
$45.00
Per Incident
cene Lights
$22.00
$3Q,00
Each Used
I Each Used
Ater Nests
Thermal Imaging Camera
$76.60
Per Incident
Heat Detection Gun
$75,00
Per Incident
awzall
$55,00
Per Incident
1
Or. NG- 343-1007 Anna V FD Revenue Recovery Plnn.doc. 4 08-1"7
HAZARDOUS MATERIAL U1 IVfEI1T
UPPIieSIS-'rvice
Price
Unit of
Measurement
Absorbent
$17,0q
Per Bag
Absorbent Booms
$40,00
Each Used
Top Sol
$35.01
Each Used
Disposable Coveralls
$30.00
Each Used
Neoprene Gloves
$20-0
Each Used
ex Gloves
$6,0
Each Used
ver Mots
$ 5.0
Each Used
Disposable Goggles
$15,
Each Used
as Plug Kit
50-0
Each Used
Plug and Dike
$65.0
Each Used
Drum Liners,
$10.0
Each Used
Barricade Ta
$22,0C
Each Used
'Poly Sheeting
$55.0
Each Used
[Removal of Hazardous Material
$150.0
Per Incident
Disposal of Hazardous Material
$150-0
Per Incident
Gas Multi Meter
$65.
Per Incident
Meter
$65,0
Per incident
errazyrna
$70.
Each Used
Microblaze
$10.Oq
Per Ouart
Mierobiaze
$150,00
Per 5 gallons
FESCUE EQUIPMENT
Tool
Price
Unit of -
Measurement
,Spreaders
$50.0
Per Incident
uttefs
$260,OC
Per incident
Rams$250.00
Per Incident
Bags,
$0.0 Per Incident
1 _Samar
55.0
Per Incident
Target Saw
$55,00
Per Incident
lax Too]
$25A0
Per Incident
-Tool
$25,00
Per Incident
Windshield Tool
$15.00
Per incident
Rescue Blanket
$.
Each Used
Roe
5A
Each l Ned
i
AOS�46
Collision Investigation Fee (to be charged in responses where no mitigation services,
debris removal, or rescue services are performed): $275.00
Ord. -No, 343-2007 Anna VFD R mnuc Rcwvery Plan,doc, 5 08- f 4 _Q'?
I
Item No. 10.
City Council Agenda
Staff Report
Meeting Date: 12/13/2016
YOUR) HOMETOWN
AGENDAITEM:
Consider/Discuss/Action regarding a Resolution authorizing the City Manager to execute a
Services Agreement with Fire Recovery USA, LLC. (Chief Gothard)
Several years ago, the City Council approved a service agreement with Revenue Rescue Inc. for
billing services for costs associated with certain emergency and rescue services within the
response area of the Anna Fire Department. Revenue Rescue Inc. recently went out of business
and left the Department with no avenue to bill for cost recovery.
Fire Recovery USA, LLC. is a company that provides the same type of services for billing
insurance providers for cost recovery. Fire Recovery USA, LLC will invoice insurance providers
for cost recovery that is reported by the Fire Department as authorized by the cost recovery
ordinance approved by the City Council. Fire Recovery will submit to the Fire Department eighty
percent of the amount collected on a monthly basis. Fire Recovery will keep twenty percent of the
amount collected for the cost of their services.
STAFF RECOMMENDATION:
Staff recommends approval of the attached Agreement and Resolution.
ATTACHMENTS:
Description
Resolution
Exhibit 1, Services Agreement
Upload Date Type
12/8/2016 Resolution
12/8/2016 Exhibit
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 A SERVICES
AGREEMENT WITH FIRE RECOVERY USA, LLC. FOR THE BILLING FOR COST
RECOVERY FEES FOR SERVICES PROVIDED BY THE ANNA FIRE DEPARTMENT.
WHEREAS; Fire Recovery USA, LLC. engages in the business of performing billing services
for United States Fire Departments in connection with the motor vehicle incidents and other
emergency incidents at which the fire departments provide emergency services: and
WHEREAS; Anna Fire Department seeks the services of Fire Recovery USA, LLC. to assist
with the billing for cost recovery for services that the Anna Fire Department provides in
connection with motor vehicle incidents and other emergency incidents; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Approval and Authorization of Services Agreement.
The City Council hereby approves the Services Agreement with Fire Recovery USA, LLC.,
attached hereto as Exhibit 1, and ratifies and approves the City Manager's execution of the
same. The City Manager is hereby authorized to execute all documents and to take all
other actions necessary to finalize and enforce the amended Interlocal Agreement.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 13t" day
of December, 2016.
ATTEST: APPROVED:
City Secretary Carrie L. Smith Mayor Mike Crist
RESOLUTION
EXHIBIT 1
SERVICES AGREEMENT
This Services Agreement ("Agreement') is made effective as of , 2016
("Effective Date"), by and between FIRE RECOVERY USA, LLC, a California limited liability
company ("Company"), and City of Anna, ("Fire Department'). The Company and Fire
Department are referred to herein individually as a "party" and collectively as the "parties."
RECITALS
WHEREAS, Company engages in the business of performing billing services ("Company
Services") for United States Fire Departments in connection with the motor vehicle incidents and
other emergency incidents at which the fire departments provide emergency services: and
WHEREAS, Fire Department seeks the services of Company to assist with the billing for
services that Fire Department provides in connection with motor vehicle incidents and other
emergency incidents; and
WHEREAS, Company and Fire Department desire to enter into this Agreement to
memorialize their agreements regarding the Company Services to be provided to Fire
Department.
NOW, THEREFORE, in consideration of the mutual representations, warranties and
covenants set forth herein and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, Company and Fire Department agree as follows:
ARTICLE 1
ENGAGEMENT
1.1. Engagement: Fire Department hereby engages Company to provide the
Company Services described in Article 4 herein, and Fire Department hereby accepts such
engagement, all on the terms and conditions set forth herein. Company will determine the
method, detail and means of performing the services detailed below.
ARTICLE 2
REPRESENTATIONS AND WARRANTIES
2.1. Representations and Warranties of Company: Company hereby represents and
warrants to Fire Department that, at all times during the term of this Agreement, Company is a
limited liability company duly organized, validly existing and in good standing under the laws of
the State of California.
2.2. Representations and Warranties of Fire Department: Fire Department hereby
represents and warrants to Company that, at all times during the term of this Agreement, Fire
Department is a organized fire department established pursuant to the laws and ordinances of
the state in which Fire Department is located.
ARTICLE 3
COMPANY STATUS AND QUALIFICATIONS
3.1. Independent Contractor: Company enters into this Agreement, and will remain
throughout the term of the Agreement, as an independent contractor. Company agrees that it
will not become an employee, partner, agent or principal of Fire Department while this
Agreement is in effect.
3.2. Payment of Income Taxes: Company is responsible for paying when due all
income taxes, including estimated taxes, incurred as a result of the compensation paid by Fire
Department to Company for services rendered under this Agreement. On request, Company will
provide Fire Department with proof of timely payment. Company agrees to indemnify fire
Department for any claims, costs, losses, fees, penalties, interest, or damages suffered by Fire
Department resulting from Company's failure to comply with this provision.
3.3. Use of Employees or Subcontractors: Company may, at Company's own
expense, use any employees or subcontractors as Company deems necessary to perform the
services required of Company by this Agreement. Fire Department may not control, direct, or
supervise Company's employees or subcontractors in the performance of those services.
3.4. Qualifications: Company represents that it is qualified and has the skills
necessary to perform the services under this Agreement in a competent and professional
manner, without the advice or direction of Fire Department.
3.5. Ownership Interest: Company will have no ownership interest in Fire Department.
3.6. No Benefit Contributions: Company shall have no obligation under this
Agreement to compensate or pay applicable taxes or provide employee benefits of any kind to
any person employed or retained by Fire Department.
3.7. Attorney -in -Fact: Fire Department appoints Company as Fire Department's
attorney -in -fact for the following purposes:
(a) Billing and Collections: To bill and collect ("Collections") all revenue earned by
and due to Fire Department, in connection with Fire Department's provision of
emergency services provided/rendered at the sites of motor vehicle incidents and
other emergency incidents, and to receive all Collections on Fire Department's
behalf and to sue for and give satisfaction for monies due on account and to
withdraw any claims, suits, or proceedings pertaining to or arising out of
Company's or Fire Department's right to collect such amounts; and
(b) Endorsement: To take possession of and endorse in Fire Department's name
any notes, checks, money orders, and any other instruments received as
Collections.
ARTICLE 4
GENERAL RESPONSIBILITIES OF COMPANY
4.1. Minimum Amount of Service: Company agrees to devote as much time and
attention to the performance of the Company Services under this Agreement as may be, in
2
Company's sole discretion, required to accomplish the tasks described herein to accomplish the
results for which the Company is responsible under this Agreement.
4.2. Company Services: Company agrees to perform the Company Services as set
forth in the "List of Company Services" attached hereto as Schedule "A" and incorporated herein
by reference; including those additional services requested by Fire Department and accepted in
writing by the Company during the term of this Agreement.
4.3. Non -Exclusive Relationship: Company may represent, perform services for, and
contract with as many additional clients, persons, or companies as Company, in Company's
sole discretion, sees fit.
4.4. Time and Place of Performing Work: Company may perform the services under
this Agreement at any suitable time and location Company chooses.
4.5. Materials and Equipment: Company will supply all materials and equipment
required to perform the services under this Agreement.
4.6. Workers' Compensation: Company agrees to provide workers' compensation
insurance for Company and Company's employees and agents and agrees to hold harmless
and indemnify Fire Department for any and all claims arising out of any injury, disability, or
death of any of Company's employees or agents.
4.7. Assignment: Neither this Agreement nor any duties or obligations under this
Agreement may be assigned by Company without the prior written consent of Fire Department,
which consent shall not be unreasonably withheld.
ARTICLE 5
COMPENSATION OF COMPANY
5.1. Compensation for Company Services: All Company Services provided pursuant
to this Agreement will be provided in accordance with the terms, including compensation
amounts and schedule of remittance, set forth in the "List of Company Services," attached
hereto as Schedule A.
5.2. The provisions of Article 11 of this Agreement will govern any dispute associated
with compensation.
ARTICLE 6
OBLIGATIONS OF FIRE DEPARTMENT
6.1. Cooperation of Fire Department: The Fire Department agrees to comply with all
reasonable requests of Company and provide access to all documents reasonably necessary to
the performance of Company's duties under this Agreement. The Fire Department shall be
responsible for initially insuring, and continuing to review, local and state laws in the Fire
Department's jurisdiction to assure adequate legal authority for Company to engage in the
Services described herein on behalf of Fire Department.
6.2. Assignment: Neither this Agreement nor any duties or obligations under this
Agreement may be assigned by Fire Department without the prior written consent of Company,
which consent shall not be unreasonably withheld.
ARTICLE 7
FIRE DEPARTMENT AUTHORIZATION
7.1. Authorization: Notwithstanding other provisions of this Agreement, Company
shall obtain authorization from Fire Department prior to performing any of the following:
(a) The sale conveyance, transfer, pledge exchange, assignment, hypothecation, or
encumbrance of Fire Department's interest in any sums owed to Fire
Department; and
(b) All other limitations as stated by the terms of this Agreement.
ARTICLE 8
TERMINATION OF AGREEMENT
8.1. Termination on Notice: Notwithstanding any other provision of this Agreement,
either party may terminate this Agreement at any time by giving thirty days (30) written notice to
the other party. Unless earlier terminated as set forth below, this Agreement shall be effective
as of the date first set out above and shall continue for a period of one (1) year thereafter. This
Agreement shall automatically renew for successive one (1) year periods, unless either party
provides written notification to the other party of its decision not to renew this Agreement.
8.2. Termination on Occurrence of Stated Events: This Agreement will terminate
automatically on the occurrence of any of the following events;
(a) Bankruptcy or insolvency of either party;
(b) The assignment of this Agreement by either party without the consent of the
other party; the parties agree that neither party will unreasonably withhold
consent to such an assignment.
8.3. Termination for Default: If either party defaults in the performance of this
Agreement or materially breaches any of its provisions, the non -breaching party may terminate
this Agreement by giving written notification to the breaching party. Termination will take effect
immediately on receipt of notice by the breaching party or five days (5) after mailing of notice,
whichever occurs first. For the purposes of this paragraph, material breach of this Agreement
includes, but is not limited to, the following:
(a) Company's failure to complete the services specified in the Description of
Services;
(b) Fire Department's material breach of any representation, warranty or agreement
contained in this Agreement;
(c) Company's material breach of any representation, warranty or agreement
contained in this Agreement;
0
(d) Fire Department's yearly billable run volume is at or below six runs (6).
ARTICLE 9
PROPRIETARY RIGHTS
9.1. Confidential Information: Any written, printed, graphic, or electronically or
magnetically recorded information furnished by Fire Department for Company's use are the sole
property of Fire Department. This proprietary information includes, but is not limited to, customer
requirements, customer lists, marketing information, and information concerning the Fire
Department's employees, products, services, prices, operations, and subsidiaries. Company
will keep this confidential information in the strictest confidence, and will not disclose it by any
means to any person except with the Fire Department's approval, and only to the extent
necessary to perform the services under this Agreement. This prohibition also applies to
Company's employees, agents, and subcontractors. On termination of this Agreement,
Company will return any confidential information in Company's possession to fire Department.
9.2 Confidential Information: Any written, printed, graphic, electronically or
magnetically recorded information, computer -based hardware, software, applications, software
scripts, or software links furnished by Company for Fire Department's use are the sole property
of Company. This proprietary information includes, but is not limited to, customer requirements,
customer lists, marketing information, and information concerning the Company's employees,
products, services, prices, operations, and subsidiaries. Fire Department will keep this
confidential information in the strictest confidence, and will not disclose it by any means to any
person except with the Company's approval, and only to the extent necessary to perform the
services under this Agreement. This prohibition also applies to Fire Department's employees,
agents, and subcontractors. On termination of this Agreement, Fire Department will return any
confidential information in Fire Department's possession to Company.
ARTICLE 10
INDEMNIFICATION
10.1. Indemnification: To the extent permitted by applicable law, the Company will, defend,
indemnify and hold the Fire Department harmless from and against any and all loss, damage,
liability, claims and/or injury resulting from all negligent actions performed by the Company, or
its agents on the Company's behalf, in connection with this Agreement. However, this
indemnification shall not apply with respect to any legal cause, action or consequential liability
or losses as a result from inaccurate or incomplete information or unfounded or unreasonable
submissions furnished to the Company by the Fire Department nor shall it apply to any act,
omission or negligence of the Fire Department.
ARTICLE 11
GENERAL PROVISIONS
11.1. Governing Law: This Agreement shall be governed in all respects by the laws of
the State of Texas, without giving effect to any choice or conflict of law provision or rule
(whether of the State of Texas or any other jurisdiction that would cause the application of the
laws of any jurisdiction other that the State of Texas).
11.2. Entire Agreement: This Agreement constitutes the entire agreement between the
Parties pertaining to the subject matter contained in it and supersedes all prior and
contemporaneous agreements, representations, and understanding of the parties.
11.3. Successors and Assigns: Except as otherwise provided herein, the provisions
hereof shall inure to the benefit of, and be binding upon, the successors, assigns, heirs,
executors and administrators of the parties hereto. No party may assign any of its rights or
obligations hereunder without the express written consent of the other party hereto, which
consent may not be unreasonably withheld; provided, however, any party may assign any and
all of its rights and interests hereunder to one or more of its affiliates and designate one or more
of its affiliates to perform its obligations hereunder; provided, however, that such party remains
liable for full and total performance of its obligations hereunder.
11.4. Notices: Any notices authorized to be given hereunder shall be in writing and
deemed given, if delivered personally or by overnight courier, on the date of delivery, if a
Business Day, or if not a business day, on the first Business Day following delivery, or if mailed,
three days after mailing by registered or certified mail, return receipt requested, and in each
case, addressed, as follows:
If to the Company to:
Fire Recovery USA, LLC
2271 Lava Ridge Court, Suite 120
Roseville CA 95661
Attention: Craig Nagler
If to Fire Department to:
City of Anna
111 N. Powell Pkwy
Anna, TX 75409
Attention: City Manager
with a copy to:
The Watkins Firm, APC
4275 Executive Square, Suite 1020
La Jolla, CA 92037
Attention: Chris Popov, Esq.
with a copy to:
Wolfe Tidwell & McCoy, LLP
2591 Dallas Pkwy, STE 300
Frisco, TX 75034
Attention: Clark McCoy
11.5. Waiver; Amendments: This Agreement, and the Transaction Documents, (i) set
forth the entire agreement of the parties respecting the subject matter hereof, (ii) supersede any
prior and contemporaneous understandings, agreements, or representations by or among the
parties, written or oral, to the extent they related in any way to the subject matter hereof, and (iii)
may not be amended orally, and no right or obligation of any party may be altered, except as
expressly set forth in a writing signed by such party.
11.6. Counterparts: This Agreement may be signed in several counterparts.
11.7. Expenses: Each party shall bear its own expenses incurred with respect to the
preparation of this Agreement and the consummation of the transactions contemplated hereby.
11.8 Cooperative Purchases: This Agreement may be used by other government
agencies. Company has agreed to offer similar serves to other agencies under the same or
similar terms and conditions as stated herein except that the revenue share percentage
(Compensation) may be negotiated between the Company and other agencies based on the
specific revenue expectations, agency reimbursed costs, and other agency requirements. The
0
City/County/or Fire Department/Protection District will in no way whatsoever incur any liability in
relation to specifications, delivery, payment, or any other aspect of purchase by other agencies.
Signatures on following page:
7
IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date
first written above.
COMPANY:
FIRE RECOVERY USA, LLC.
a California limited liability company
M
Name: M. Craig Nagler
Title: Manager
FIRE DEPARTMENT:
City of Anna
in
Name: Philip Sanders
Title: City Manaqer
SCHEDULE A
LIST OF COMPANY SERVICES
Fire Recovery USA agrees to bill the responsible party on the Fire Department's behalf
for services provided/rendered during motor vehicle incidents and other emergency
incidents. The billing rates (mitigation fees) are listed as EXHIBIT A, but may change
over time. Fire Department will provide notice to Fire Recovery USA of changes in
billing rates.
2. Fire Recovery USA will provide, as a normal matter of business; entry of claims and
submission to the responsible party, collections of monies deemed due to the Fire
Department, payments of the agreed upon percentage of said monies to Fire
Department, and reporting of progress.
3. Fire Recovery agrees to bill to the best of its ability all claims provided to Fire Recovery
USA by the Fire Department.
4. Fire Recovery USA will not begin litigation against a person, entity, or insurance carrier
without prior written approval by the Fire Department.
5. Fire Recovery USA agrees to reimburse Fire Department a portion of the monies
collected at a rate of 80 percent of the total monies collected on the Fire Department's
claims.
6. Fire Recovery USA agrees to pay these monies collected to the Fire Department on a
monthly basis, within seven (7) working days after the close and accounting of the
monthly billing cycle.
7. Fire Recovery USA agrees to make available reports via a password protected website
to the Fire Department which detail billable claims outstanding (which are claims
submitted, but not yet completed) and claims completed in the prior billing cycle.
8. Fire Recovery USA will not be responsible for, nor accept any liability for, any erroneous,
invalid, or illegal procedure codes or claims submitted to Fire Recovery USA by the Fire
Department on the Run Sheets.
Exhibit A
The following fees shall be assessed and collected for the use of apparatus, tools, equipment,
and materials:
ITEMS TO BE BILLED PER HOUR:
"The minimum usage charge for any item on this list is one hour, and for any additional hours
or portion thereof, the charge will be prorated accordingly.
Unit of Measure
Apparatus
Price per Hour
Per Engine
Class A Engine
$500.00
Per Aerial
Aerial
$500.00
Per Rescue Unit
Rescue
$400.00
Per Brush Truck
Brush Truck
$400.00
Per Command unit
Command Car / Truck
$200.00
Per Support Vehicle
Utility /Support
$100.00
Per P.P.V. fan
P.P.V. fan
$55.00
Per Generator
Generator - portable
$55.00
Per Saw
Chain saw
$45.00
Per Pump
Portable Pump
$95.00
Per Pump
Floating
$65.00
FIRE EQUIPMENT:
Tool
Price
Unit of Measure
Foam Nozzle
$55.00
Per Incident
Foam Eductor
$50.00
Per Incident
AFFF Foam
$40.00
Per Gallon
Class A Foam
$25.00
Per Gallon
Piercing Nozzle
$40.00
Per Incident
M/S Fog Nozzle
$55.00
Per Incident
M/S Straight Bore Nozzle
$30.00
Per Incident
Salvage Cover
$28.00
Each Used
SCBA Pack
$85.00
Each Used
Hall Runner
$18.00
Per Incident
Portable Tank
$75.00
Per Incident
Water Extinguisher
$22.00
Per Incident
Dry Chemical Extinguisher
$45.00
Per Incident
CO2 Extinguisher
$45.00
Per Incident
Scene Lights
$22.00
Each Used
Water Vest
$30.00
Each Used
Thermal Imaging Camera
$75.00
Per Incident
Heat Detection Gun
$75.00
Per Incident
Sawzall
$55.00
Per Incident
RESCUE EQUIPMENT
Tool
Price
Unit of Measurement
Spreaders
$250.00
Per Incident
Cutters
$250.00
Per Incident
Rams
$250.00
Per Incident
Air Bags
$250.00
Per Incident
Rescue Jacks
$250.00
Per Incident
K-12 Saw
$55.00
Per Incident
Target Saw
$55.00
Per Incident
Ajax Tool
$25.00
Per Incident
K-Tool
$25.00
Per Incident
Windshield Tool
$15.00
Per Incident
Rescue Blanket
$32.00
Each Used
Rope
$25.00
Each Used
HAZARDOUS MATERIAL EQUIPMENT:
Supplies / Service Price
Unit of Measurement
Absorbent
$17.00
Per Bag
Absorbent Booms
$40.00
Each Used
Top Sol
$35.00
Each Used
❑isposal Coveralls
$30.00
Each Used
Neoprene Gloves
$20.00
Each pair Used
Latex Gloves
$6.00
Each pair Used
Over Boots
$25.00
Each Used
❑isposable Goggles
$15.00
Each Used
Gas Plug Kit
$50.00
Each Used
Pig & Dike
$65.00
Each Used
Drum Liners
$10.00
Each Used
Barricade Tape
$22.00
Each Used
Poly Sheeting
$55.00
Each Used
Removal of Hazardous
Material
$150.00
Per Incident
❑isposal of Hazardous
Material
$150.00
Per Incident
Multi Gas Detector
$65.00
Per Incident
CO2 Meter
$65.00
Per Incident
Terrazyme
$70.00
Each Used
Micro blaze
$10.00
Per Quart
Micro Blaze
$150.00
Per 5 gallons
Collision Investigation Fee of two hundred seventy -five dollars ($275.00) to be charged in
responses where no mitigation services, debris removal, or rescue services are performed.
I
Item No. 11.
City Council Agenda
Staff Report
Meeting Date: 12/13/2016
YOUR) HOMETOWN
AGENDAITEM:
Consider/Discuss/Action regarding a Resolution selecting a grant administration consulting firm to
perform administrative services for grant application services and grant administration services
upon successful award of 2017/2018 Texas Community Development Block Grant program
project funds. (Joseph Johnson)
SUMMARY:
A new application cycle has begun for Texas Community Development Block Grant (TxCDBG)
program funding. City staff is proposing to apply for funding in order to complete necessary sewer
collection system improvements in the general area of State Highway 5 and Interurban and points
to the southwest. The Texas Department of Agriculture (TDA) administrates the TxCDBG
program. Federal law requires that applicants go through a formal procurement process and
select administrative firms prior to application. City staff has solicited administrative services for
the potential project through a formal request for proposals (RFP). The RFP was advertised and
two proposals were received by the deadline. The respondents were:
1. Lawrence and Associates
2. Traylor and Associates
The proposals were scored based upon experience with similar projects, work performance,
capacity to perform and familiarity with the community. Lawrence and Associates scored 97.5 out
of 100 and Traylor and Associates scored 87.5 out of 100.
STAFF RECOMMENDATION:
Staff recommends approval of the Resolution selecting Lawrence and Associates as the
grant administration consulting firm to perform administrative services for grant application
services and grant administration services upon successful award of 2017/2018 Texas
Community Development Block Grant program project funds.
ATTACHMENTS:
Description Upload Date Type
Resolution - TxCDBG Administrative Services 12/6/2016 Resolution
Procurement
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS CONFIRMING
THE SELECTION OF THE ADMINISTRATION CONSULTING FIRM TO PERFORM
ADMINISTRATIVE SERVICES FOR GRANT APPLICATION SERVICES AND GRANT
ADMINISTRATION SERVICES UPON SUCCESSFUL AWARD OF 2017/2018 TEXAS
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM PROJECT FUNDS.
WHEREAS; The City Council of the City of Anna (the "City Council") desires to develop a
viable community, including decent housing, a suitable living environment, and expanding
economic opportunities, principally for persons of low to moderate income; and,
WHEREAS; the City of Anna (the "City") desires to submit an application for grant funds from
the Texas Department of Agriculture (TDA) 2017/2018 Texas Community Development Block
Grant (TxCDBG) program; and,
WHEREAS; the City staff has satisfactorily completed the professional procurement process
for administrative services; and,
WHEREAS; the City Council desires to engage the services of a qualified administrative
consulting firm to provide administrative services related to the improvements to be
completed in the 2017/2018 TxCDBG program project upon award by the TDA.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Authorization.
The City Council affirms that the procurement of administrative services has been
completed through the Request for Proposals selection process and that Lawrence and
Associates has been selected to provide administrative services related to activities to be
completed in a 2017/2018 TxCDBG project, if funded.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 13t" day
of December 2016.
ATTEST: APPROVED:
City Secretary Carrie L. Smith Mayor Mike Crist
RESOLUTION: 2017/2018 TxCDBG Administrative Services Procurement PAGE I OF 1 12/13/16
I
Item No. 12.
City Council Agenda
Staff Report
Meeting Date: 12/13/2016
YOUR) HOMETOWN
AGENDAITEM:
Consider/Discuss/Action regarding a Resolution selecting an engineering consulting firm to
perform engineering services for a grant application and project engineering services upon
successful award of 2017/2018 Texas Community Development Block Grant program project
funds. (Joseph Johnson)
SUMMARY:
A new application cycle has begun for Texas Community Development Block Grant (TxCDBG)
program funding. City staff is proposing to apply for funding in order to complete necessary sewer
collection system improvements in the general area of State Highway 5 and Interurban and points
to the southwest. The Texas Department of Agriculture (TDA) administrates the TxCDBG
program. Federal law requires that applicants go through a formal procurement process and
select an engineering firm prior to application. City staff has solicited engineering services for the
potential project through a formal request for proposals (RFP). The RFP was advertised and three
proposals were received by the deadline. The respondents were:
1. Birkhoff, Hendricks and Carter, LLP
2. Kimley-Horn
3. CEC Infrastructure Solutions
The proposals were scored based upon experience with similar projects, work performance,
capacity to perform and familiarity with the community. Birkhoff, Hendricks and Carter,
LLP scored 98 out of 100, Kimley-Horn scored 92.5 out of 100 and CEC Infrastructure
Solutions scored 74 out of 100.
STAFF RECOMMENDATION:
Staff recommends approval of the Resolution selecting Birkhoff, Hendricks and Carter LLP as
the engineering consulting firm to perform engineering services for a grant application and project
engineering services upon successful award of 2017/2018 Texas Community Development Block
Grant program project funds.
ATTACHMENTS:
Description Upload Date Type
Resolution - TxCDBG Engineering Services Procurement 12/6/2016 Resolution
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS CONFIRMING
THE SELECTION OF THE ENGINEERING CONSULTING FIRM TO PERFORM
ENGINEERING SERVICES FOR A GRANT APPLICATION AND PROJECT ENGINEERING
SERVICES UPON SUCCESSFUL AWARD OF 2017/2018 TEXAS COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM PROJECT FUNDS.
WHEREAS; The City Council of the City of Anna (the "City Council") desires to develop a
viable community, including decent housing, a suitable living environment, and expanding
economic opportunities, principally for persons of low to moderate income; and,
WHEREAS; the City of Anna (the "City") desires to submit an application for grant funds from
the Texas Department of Agriculture (TDA) 2017/2018 Texas Community Development Block
Grant (TxCDBG) program; and,
WHEREAS; the City staff has satisfactorily completed the professional procurement process
for engineering services; and,
WHEREAS; the City Council desires to engage the services of a qualified engineering
consulting firm to provide engineering services related to the improvements to be completed
in the 2017/2018 TxCDBG program project upon award by the TDA.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Authorization.
The City Council affirms that the procurement of engineering services has been completed
through the Request for Proposals selection process and that Birkhoff, Hendricks and
Carter, LLP has been selected to provide engineering services related to activities to be
completed in a 2017/2018 TxCDBG project, if funded.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 13t" day
of December 2016.
ATTEST: APPROVED:
City Secretary Carrie L. Smith Mayor Mike Crist
RESOLUTION: 2017/2018 TxCDBG Engineering Services Procurement PAGE 1 OF 1 12/13/16
Item No. 13.
City Council Agenda
Staff Report
Meeting Date: 12/13/2016
YOUR) HOMETOWN
AGENDAITEM:
Briefing/Discussion regarding NTMWD Regional Wastewater System & Upper East Fork
Interceptor System Membership Request. (Joseph Johnson)
SUMMARY:
Staff will update the Council on our efforts to obtain membership status in the NTMWD Regional
Wastewater System & Upper East Fork Interceptor System.
STAFF RECOMMENDATION:
ATTACHMENTS:
Description Upload Date Type
I
Item No. 14.
City Council Agenda
Staff Report
Meeting Date: 12/13/2016
YOUR) HOMETOWN
AGENDAITEM:
Briefing/Discussion regarding TxDOT Green Ribbon Program. (City Manager)
SUMMARY:
Staff met last week with Mr. Steven Copely with the TxDOT Dallas District office to discuss
funding opportunities through the TxDOT green ribbon program fund. The TxDOT green ribbon
program is a cooperative (city/TxDOT) program that funds landscape improvements along TxDOT
roadways. The primary goal of the program is to establish a higher level of visual appeal along the
State highway corridors through landscape improvements. The program operates on the premise
that TxDOT will fund certain landscape enhancements through an Agreement with a sponsoring
local government to maintain the landscape enhancements upon completion. City's are allowed to
include limited monument signage as part of the enhancements, however, any monumentation
would be funded by the city.
Several current and future roadway construction projects will be eligible for landscape
enhancements funded through the green ribbon program including the new FM 455 median, and
areas around the new bridges/interchanges at US 75 and the Collin County Outerloop, FM 455,
future Rosemond Parkway, and CR 371 (Mantua)
Green ribbon funds will be available in the 2018 fiscal year (starts in September of 2017) to
provide landscape enhancements to the FM 455 median. Green ribbon funds would be available
for areas around the new bridges and interchanges on US 75 when the US 75 reconstruction
project is complete.
If the City is seeking a unified and consistent design for the landscaping and monumentation
features on US 75 and FM 455, Mr. Copely suggested the the City hire a landscape architect with
experience operating within the constraints of the TxDOT green ribbon program.
Staff will recommend that the City hire a landscape architect to develop designs for entry features
at bridges/interchanges (on US 75, and for landscaping in the FM 455 median. Funds in the
Roadway Impact Fee (district #1) account could be used to pay for most of the cost.
STAFF RECOMMENDATION:
If the Council is agreeable, staff will solicit a proposal from a qualified landscape architect and
bring it back to the City Council for approval at a future meeting. No action by the Council is
required at this time.
I
Item No. 15.
City Council Agenda
Staff Report
Meeting Date: 12/13/2016
y{OUR) HOMETOWN
AGENDAITEM:
Consider/Discuss/Action regarding a Resolution casting a ballot for the election of eight members
to the TCAP Board of Directors. (City Council)
SUMMARY:
The Texas Coalition for Affordable Power (TCAP) is a non-profit corporation comprised of cities
and other political subdivisions. Through the strength of numbers, TCAP can negotiate better
electricity -buying deals than would be available to any member acting alone. With more than 160
political subdivision members purchasing approximately 1.4 billion kWh annually, TCAP is the
largest organization of its kind in the state. The City of Anna has been a member of TCAP since
2008.
Attached is a ballot for the election of eight members to the TCAP Board of Directors for the
2016-2017 term of office. Eleven individuals have volunteered to become candidates for TCAP
directors and their brief biographies are included in the attachment. The deadline for completing
the complete the ballot is Wednesday, December 31, 2016.
STAFF RECOMMENDATION:
Staff recommends approval of the attached resolution and submission of the ballot.
ATTACHMENTS:
Description
Proposed Resolution
Ballott and Biographies
Upload Date Type
12/5/2016 Resolution
12/8/2016 Backup Material
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS CASTING A BALLOT FOR THE
ELECTION OF EIGHT MEMBERS TO THE TCAP BOARD OF DIRECTORS
WHEREAS, The Texas Coalition for Affordable Power (TCAP) is a non-profit
corporation comprised of cities and other political subdivisions; and,
WHERAS, through the strength of numbers, TCAP can negotiate better electricity -
buying deals than would be available to any member acting alone; and,
WHERAS, the City of Anna, Texas is a member of TCAP and is eligible to cast a ballot
for the TCAP Board of Directors;
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 Ballot in the TCAP Board of Directors Election
The City Council of the City of Anna, Texas casts its ballot to elect the following
individuals to the TCAP Board of Directors:
1.
2.
3.
4.
5.
6.
7.
8.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 13tn
day of December, 2016.
ATTEST: APPROVED:
Carrie L. Smith, City Secretary Mike Crist, Mayor
Res.
TCAP BOD Ballot Casting
1
Res.
TCAP BOD Ballot Casting
2017/2018 TCAP Board Ballot
BALLOT - 201712018 TCAP BOARD OF DIRECTORS
Instructions for Voting:
Only one ballot per member city/entity. The member representative is entitled to cast eight for
the eight positions to be filled. PLEASE BE SURE THAT NO MORE THAN EIGHT
CANDIDATES HAVE BEEN CHECKED! Ballots with more than eight cast votes will be
rejected. No more than one vote may be cast for the same nominee. Places 1, 3, and 5 will be
filled by the three candidates in the high consumption (HQ category receiving the most votes.
Places 7 and 9 will be filled by the candidate in the medium consumption (MC) category
receiving the most votes. Place 11 will be filled by the candidate in the low consumption (LC)
category receiving the most votes. Places 13 and 15 will be filled by the two candidates receiving
the most votes but who were not elected to a particular consumption category. The exception to
this rule is the requirement in TCAP Bylaws that stipulates the board of directors include at least
one member from each of the four ERCOT zones (North, South, West, and Houston). Nominees
who are incumbents (I) are noted on the ballot.
(Vote for eight)
Names were randomlv drawn for ballot order
❑
Greg Vick, Watauga — LC (I)
❑
Richard Summerlin, Duncanville — MC
❑
Kevin Carruth, Rockport - LC
❑
Adrienne Lothery, Colleyville - LC
❑
Mike Goodrum, Sugar Land — HC (I)
❑
Walter Middleton, Brownwood - MC
❑
Gabriel Gonzalez - Harlingen - HC (I)
❑
Konrad Hildebrandt, Odessa - HC (I)
❑
Jim Darling, McAllen— HC
❑
Clifford Howard, Lewisville - HC (I)
❑
Gilbert P. Reyna, Jr., Victoria- HC (I)
❑
Eric Ellwanger, Allen - HC
Please complete and return by 5 D.M. C.S.T..
Friday, December 30, 2016 to:
Margaret Somereve, TCAP Secretary
15455 Dallas Parkway, Suite 600
Addison, TX 75001
or msomereve@tcaptx.com
You may also submit in person by 10:00 a.m. at
the January 6, 2017 TCAP Meeting
Submitted by (MUST BE COMPLETED):
Printed Name
Signature
Member City/Entity:
2017/2018 TCAP Board Biographies
(alphabetical order)
Kevin Carruth, City of Rockport
Lubbock native Kevin Carruth has over 25 years of experience in local
government and has served as Rockport's City Manager for the last five years. In
the previous 20 years he also served as City Manager in the Texas cities of
Brownwood, Daingerfield, Hillsboro, Paris, and Prosper. Prior to entering city
management, he was the Senior Program Analyst and Emergency Management
Coordinator for Harris County Housing & Community Development Agency for
over five years and served as an elected official on the Board of Directors for Ft. Bend Municipal
Utility District No. 41 in Sugar Land for over two years.
Kevin earned a BA from Texas Tech University in Political Science and English and a MA from
the University of Houston in Public Administration. He is also one of 83 active International
City/County Management Association Credentialed Managers in Texas and has served on
several Texas Municipal League and Texas City Management Association committees, including
those responsible for ethics and legislative policies. He currently serves as the President of
TCMA Region 9.
His path to law school and a career in the Foreign Service took a detour in graduate school when
he followed his girlfriend to Houston. He has been married to his girlfriend Shawn for 26 years
and they are the proud parents of 16-year-old Spencer and 12-year-old Kaitlyn. All members of
the family are active in church, community, and school activities.
Eric Ellwanger, City of Allen
Eric Ellwanger is an Assistant City Manager for the City of Allen with
responsibilities that include oversight of operational services for the City
involving transportation and utility -related matters, as well as legislative analysis
and intergovernmental relations. Mr. Ellwanger earned a Bachelor of Business
Administration in Management from the University of Houston and a Master of
Public Administration from the University of North Texas. Prior to joining the City of Allen in
2012,
Mr. Ellwanger held positions with the City of Plano and the City of Colleyville and worked for
several years in the energy industry in Houston.
Eric is an active member of the International City/County Management Association and the
Texas City Management Association, and he is a 2011 graduate of Leadership ICMA and the
Senior Executive Institute at the University of Virginia.
James Darling, City of McAllen
James Darling is the Mayor of the City of McAllen and spent 28 years as a city attorney
with the city of McAllen and other governmental entities. Prior to Mayor he served as
City Commissioner for District 6. Mayor Darling is also the Chairman for the Lower Rio
Grande River Water Authority, Hidalgo -McAllen International Bridge Board, and
Anzalduas International Bridge Board and a board member for Region M Water Planning Group,
McAllen Economic Development Corp., McAllen Foreign Trade Zone, Inc., and Amigos Del Valle.
Mayor Darling is the President of Texas Municipal League Region 12, and Vice Chairman of the
International Good Neighbor Committee (Appointed by Secretary of State Carlos Cascos).
2017/2018 TCAP Board Biographies
(alphabetical order)
Mayor Darling was the President of the South Texas Aggregation Project (STAP) - predecessor to TCAP
from 2001-2009. He was also a member of the McAllen Public Utilities Board of Trustees.
After serving two tours of duty in Viet Nam with the US Air Force as a SSGT, Mayor Darling went on to
be a 2nd class Petty Officer for the US Navy reserve. He has been very active in the community serving
on the McAllen Boys and Girls Club board, Communities in schools, McAllen Crime Stoppers, Chamber
of Commerce including being Chair of the Chamber's Legislative Committee.
Mayor Darling has received numerous awards including the Henry B. Gonzalez Award - National
Housing Council, National Boys and Girls Club Medallion Award, McAllen Chamber of Commerce Man
of the Year, USAF Distinguished Flying Cross, Hidalgo County Bar Association John E. Cook Pro Bono
Award, Catholic Charities Hope Award.
Having graduated from Baylor University and Baylor Law School, Mayor Darling is licensed by the
Texas Supreme Court and the Southern District of Texas Federal Court and specialized in local
government law. He is married to Sandra, he has 3 daughters and 3 sons.
Mike Goodrum, City of Sugar Land
Mike Goodrum has been with the City of Sugar Land for over 12 years and is currently
serving as an Executive Director. Goodrum oversees Accounting, Budget and Research,
Facilities Management, Fleet Services, Human Resources, Information Technology,
Purchasing and Treasury.
He began his career as an intern with the City of Sugar Land in 1999 and progressed to several leadership
positions with the City, including Community and Environmental Services Director and Director of
Public Works. He earned a bachelor's degree in political science from Texas A&M University.
Goodrum is member of the International City/County Management Association, the Texas City
Management Association and the American Public Works Association.
Gabriel Gonzalez, City of Harlingen
Gabriel Gonzalez is a graduate of The University of Texas at Austin with a BA degree in
Economics. He has been with the City of Harlingen as Assistant City Manager for 16
years and prior to coming to Harlingen, he served as City Manager for the City of San
Benito for 3 years. He was with San Benito for a total of 8 years serving as Community
Development Director, Assistant City Manager and eventually City Manager. Prior to
that, he worked for the City of Brownsville for 6 years.
He served as a STAP Board member before the organization merged into TCAP.
Konrad Hildebrandt, City of Odessa
Konrad Hildebrandt is currently the Assistant City Manager for the City of Odessa,
Texas overseeing Administrative/Internal Services Departments. Konrad has over 27
years public sector experience in Arizona and Utah with 14 years as a City Manager and
3 years as an Assistant City Manager.
Konrad serves on the University of Texas of the Permian Basin Business and Resources
Board; Ector County Physical Activity Coalition (ECPAC); Boy Scouts of America (BSA) Buffalo Trails
Council; Texas City Manager's Association (TCMA) Ethics Committee; International City/County
2017/2018 TCAP Board Biographies
(alphabetical order)
Manager's Association (ICMA); Past United Way of Odessa City Chairperson; Board member (2 years)
of the Texas Coalition for Affordable Power (TCAP).
Konrad graduated from Brigham Young University Marriott School of Management with a Bachelor of
Science degree in Business Management, emphasis in International Business, minor in Portuguese and a
Master's degree in Public Administration, emphasis in Local Government Management and Facility
Management.
Clifford Howard, City of Lewisville
Clifford Howard is the Fiscal Services Manager for the City of Lewisville and has served
the City's Finance Department in multiple capacities in his over 28 years of service.
Clifford's area of expertise is utility rate studies, utility collection and billing services, as
well as banking and investments.
For the past 14 years, Clifford has served on the Dallas Water Utility Cost of Service rate subcommittee.
Prior to being elected to the Texas Coalition for Affordable Power Board (TCAP) he served TCAP on
their Technology committee. He is an active member of the Government Finance Officers Association,
Government Finance Officers Association of Texas, and Government Treasurers' Organization of Texas.
Clifford is a graduate of Midwestern State University in Wichita Falls and holds a Bachelor's degree in
Accounting.
Adrienne Lothery, City of Colleyville
Adrienne Lothery has 10 years of local government experience and currently serves as
the Strategic Services Manager in the City of Colleyville City Manager's Office. In this
role she is responsible for the budget, tax rate adoption, franchise utilities, solid waste
contract, strategic planning and performance measures. As a part of her responsibility
for franchise utilities, she reviewed alternate energy broker proposals in 2015, ultimately
presenting a recommendation to the City Council to extend the contract with TCAP,
which was approved in 2016.
Adrienne also oversees the Colleyville Center department, the City's community center and rental facility
for meeting or events. She previously served as the Budget and Grants Manager in the Town of Flower
Mound's Finance Department. Adrienne holds undergraduate degrees in political science and business
administration from Southern Methodist University, as well as a Master's of Public Administration from
the University of North Texas and the designation of CGFO (Certified Government Finance Officer).
Walter Middleton, City of Brownwood
Walter Middleton is currently the Director of Finance for the City of Brownwood, a
position he has held for 18 years. Walter is a Certified Public Accountant and Certified
Government Finance Officer. He is also a member of the Government Finance Officers
Association of Texas, including serving on the legislative committee for two years.
has been a member of TCAP/CAPP since its inception in 2002. Walter has been key in
evaluation and decision making mode for Brownwood's power needs since then. He is interested in rural
municipal issues, particularly as it relates to the City's efforts to manage its budgets and provide services
to its citizens while faced with myriad challenges, one of the greatest of which is dealing with unfunded
federal and state mandates.
2017/2018 TCAP Board Biographies
(alphabetical order)
Gilbert P. Reyna, Jr., City of Victoria
Graduating Cum Laude from the University of Houston in Houston with a Bachelor of
Accounting Degree, I obtained my Certified Public Accountant certificate in September
1988, 2 years after completing college.
In 1986 I began employment with the accounting firm, Harrison, Waldrop & Uherek
(HWU), an accounting firm which consists of 15-19 professionals, serving as an Audit
Manager, in charge of several large government entities, private and public enterprises. I remained with
HWU until January 1995 when I was hired as the Assistant Director of Finance for the City of
Victoria. One year later, I was appointed as the City of Victoria Director of Finance; also serving as the
treasurer of the Victoria Sales Tax Development Corporation and remaining in both capacities to date.
For the period March, 2009 until October, 20091 acted as interim representative to ERCOT.
I was a board member of STAP representing the City of Victoria from March, 2009 until the end of 2010,
at which time I was elected to the TCAP board. I have served on the board of TCAP for the terms of
January, 2011 through December, 2016, currently serving in the capacity of treasurer.
Richard Summerlin, CPA, CGFO
Richard graduated from UT -Arlington in 1982 with a BBA Accounting Degree and is a
CPA, and a CGFO (Certified Government Finance Officer). Richard started his career
in public accounting as an auditor at KPMG in Ft. Worth and worked as a Controller in
the private sector for 7 years. He started his public career with the City of Dallas where
he served for 15 years in the City Controller's Office.
He has worked for the City of Duncanville for over 9 years and is currently the Finance Director
overseeing the City's Accounting, Budget, Utility Billing, Purchasing, and Municipal Court. For the last
9 consecutive years, the City of Duncanville has received the GFOA Excellence in Financial Reporting
Award under Richard's leadership. Richard is a member of the UT -Arlington Accounting Alumni Group,
the KPMG Alumni Group, and an active member in GFOAT. He serves on the Dallas Water Rate Study
Sub -Committee, representing the City of Duncanville as a customer city, as well as on the TRA Advisory
Board for the Central and Ten Mile Creek Plants.
Richard also serves on the TRA Advisory Board for Joe Pool Lake, the ONCOR and ATMOS Cities
Steering Committee, the Board of Directors of the Arlington Vineyard Church and the North Central
Texas Housing Finance Corporation.
Greg Vick, City of Watauga
Greg Vick was appointed the City Manager for the City of Watauga in May 2013 and
joined the TCAP board later that same year. Prior to his current position, Mr. Vick
served on the first Board for the original Cities Aggregation Power Project back in
2001.
Mr. Vick brings has over 30 years of municipal experience. His public service includes
serving in the capacity as City Manager in Gladewater, Cedar Hill, and Elgin. He also served as Assistant
City Manager in North Richland Hills, Farmers Branch, and The Colony. His experience is in cities of
various sizes including those that are fast growing as well as those undergoing major redevelopment
efforts. Mr. Vick earned his Bachelor's Degree in Political Science from Abilene Christian University
and his Master's in Public Administration from the University of North Texas.