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CCpkt2023-02-14
AGENDA City Council Meeting Tuesday, February 14, 2023 at 6:00 PM Anna Municipal Complex - Council Chambers 120 W. 7th Street, Anna, Texas 75409 The City Council of the City of Anna will meet on 02/14/2023 at 6:00 PM in the Anna Municipal Complex-Council Chambers, located at 120 W. 7th Street, to consider the following items. Welcome to the City Council meeting. 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. Neighbor Comments. At this time, any person may address the City Council regarding an item on this meeting Agenda that is not scheduled for public hearing. Also, at this time, any person may address the City Council regarding an item that is not on this meeting Agenda. Each person will be allowed up to three (3) minutes to speak. No discussion or action may be taken at this meeting on items not listed on this Agenda, other than to make statements of specific information in response to a citizen’s inquiry or to recite existing policy in response to the inquiry. 4. Reports. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the Agenda. a. Recognize 2022 Volunteers. (Community Enhancement Coordinator Olivia Demings) b. Recognize December and January We Notice! Designees. (Community Enhancement Coordinator Olivia Demings) 5. Work Session. a. Review City of Anna 2023-2024 Strategic Work Plan. (Assistant City Manager Taylor Lough) 6. Consent Items. These items consist of non-controversial or "housekeeping" items required by law. Items may be considered individually by any Council Member making such request prior to a motion and vote on the Consent Items. a. Approve the City Council Meeting Minutes for January 14, 2023 and January 24, 2023. (City Secretary Carrie Land) b. Approve an Ordinance Ordering a General Election to be held on May 6, 2023 for the Purpose of Electing Two (2) Council Members; Designating Polling Places; Ordering Notices of Election to be Given; Adopting a Voting System, and Authorizing Execution of Joint Election Contracts. (City Secretary Carrie Land) c. Approve a Resolution regarding a Hotel Incentive Agreement with North Texas Hoco, LLC. (Director of Economic Development Joey Grisham) d. Approve a Resolution authorizing City representatives in matters pertaining to the City's participation in the Texas Community Development Block Grant Program. (Economic Development Coordinator Kimberly Garduno) e. Review Minutes of the January 3, 2023 Planning & Zoning Commission Meeting. (Director of Development Services Ross Altobelli) f. Approve a Resolution regarding the Miranda Estates, Block A, Lot 1, Development Plat. (Director of Development Services Ross Altobelli) g. Approve a Resolution regarding the Anna Town Center, Block A, Lot 5R, Replat. (Director of Development Services Ross Altobelli) h. Approve a Resolution regarding the Anna Town Center, Block A, Lot 5R, Site Plan. (Director of Development Services Ross Altobelli) i. Approve a Resolution regarding the Serenity at the Square, Block A, Lot 1, Preliminary Plat. (Director of Development Services Ross Altobelli) j. Approve a Resolution regarding the Villages of Hurricane Creek North, Phase 1A, Block W, Lot 26X, Site Plan. (Director of Development Services Ross Altobelli) k. Approve a Resolution regarding the Villages of Hurricane Creek, Phase 1B, Block R, Lot 1X, Site Plan. (Director of Development Services Ross Altobelli) l. Approve Police Department Report on 2022 racial profiling data that was submitted to the Texas Commission on Law Enforcement (TCOLE). (Police Chief Dean Habel) m. Approve an Ordinance Adopting Financial Policies. (Finance Director Alan Guard) n. Approve a Resolution amending the authorized signatories to execute checks currently on file at Independent Financial. (Finance Director Alan Guard) o. Approve a Resolution of the City of Anna, Texas declaring certain property of surplus and authorizing the City Manager to execute the sale or disposal of said property. (Interim Public Works Director Steven Smith) 7. Items For Individual Consideration. a. Consider/Discuss/Action on an Ordinance Amending the FY2023 Community Investment Program (CIP) Budget to increase funding for Fire Station 2 Project and increase station size to six bays. (Interim City Manager Ryan Henderson) b. Consider/Discuss/Action on a Resolution approving Change Order 1 and Change Order 2 for Fire Station 2 to build the facility as a 6-bay fire station. (Interim Assistant City Manager Greg Peters, P.E.) c. Consider/Discuss/Action on an Ordinance Amending the FY2023 Community Investment Program (CIP) Budget to increase funding for Fire Station 2 Project. (Budget Manager Terri Doby) d. Consider/Discuss/Action on a Resolution approving Change Order 1 for the construction of Fire Station 2 as a three bay fire station. (Interim Assistant City Manager Greg Peters, P.E.) e. Conduct a Public Hearing/Consider/Discuss/Action on a Resolution regarding the Avery Pointe, Phase 1, Block U, Lots CA-67R & 68, Residential Replat. (Director of Development Services Ross Altobelli) f. Conduct a Public Hearing and Consider/Discuss/Action on a Resolution regarding the creation of The Woods at Lindsey Place Public Improvement District and ordering public improvements to be made for the benefit of such district. (Director of Economic Development Joey Grisham) g. Consider/Discuss/Action on a Resolution of the City of Anna, Texas determining the costs of certain authorized improvements to be financed by The Woods at Lindsey Place Public Improvement District; approving a Preliminary Service Plan and Assessment Plan, including a proposed Assessment Roll; calling a regular meeting and noticing a public hearing for March 14, 2023 to Consider an Ordinance levying assessments on property located within The Woods at Lindsey Place Public Improvement District; directing the filing of the proposed Assessment Roll with the City Secretary to make available for public inspection; directing City Staff to publish and mail notice of said public hearing; and resolving other matters incident and related thereto. (Director of Economic Development Joey Grisham) h. Consider/Discuss/Action on a Resolution approving an Impact Fee Reimbursement Agreement between the City of Anna, Texas and Qualico Developments U.S., Incorporated for the Leonard Trails development. (Interim Assistant City Manager Greg Peters, P.E.) i. Consider/Discuss/Action on a Resolution Approving Interim City Manager Employment Agreement (Interim City Manager Ryan Henderson) 8. Closed Session (Exceptions). Under Tex. Gov't Code Chapter 551, the City Council may enter into Closed Session to discuss any items listed or referenced on this Agenda under the following exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov’t Code §551.071). Utilities Facilities b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov’t Code §551.072). c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov’t Code §551.087). d. Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074). The Council further reserves the right to enter into Executive Session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 9. Consider/Discuss/Action on any items listed on any agenda - work session, regular meeting, or closed session - that is duly posted by the City of Anna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. 10. Adjourn. This is to certify that I, Carrie L. Land, City Secretary, posted this Agenda on the City’s website (www.annatexas.gov) and at the Anna Municipal Complex bulletin board at or before 5:00 p.m. on 02/10/2023. __________________________________ Carrie L. Land, City Secretary Item No. 4.a. City Council Agenda Staff Report Meeting Date: 2/14/2023 Staff Contact: Olivia Demings AGENDA ITEM: Recognize 2022 Volunteers. (Community Enhancement Coordinator Olivia Demings) SUMMARY: Recognition of all City of Anna Volunteers who participated during the year 2022. The Volunteer of the Year, the volunteer with the most service hours, will also be recognized. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The City of Anna Volunteer Program began in 2021. There are currently 135 registered volunteers who are contacted as opportunities arise. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Neighborly ATTACHMENTS: Item No. 4.b. City Council Agenda Staff Report Meeting Date: 2/14/2023 Staff Contact: Olivia Demings AGENDA ITEM: Recognize December and January We Notice! Designees. (Community Enhancement Coordinator Olivia Demings) SUMMARY: Staff will recognize December and January We Notice! Property of the Month Designees. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: This program began in 2022 as a way to highlight property owners who have gone the extra mile to show pride in their property and in turn create a more beautiful community. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Neighborly. ATTACHMENTS: 1. January Property 2. December Property Item No. 5.a. City Council Agenda Staff Report Meeting Date: 2/14/2023 Staff Contact: Taylor Lough AGENDA ITEM: Review City of Anna 2023-2024 Strategic Work Plan. (Assistant City Manager Taylor Lough) SUMMARY: For City Council review and feedback, staff will provide a presentation outlining the 2023-2024 operational work plan using the adopted City of Anna Success Statements framework. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: On January 24, 2023, the City Council approved a Resolution adopting City of Anna Success Statements. This action followed a workshop held on December 9 and 10, 2022, in which members of the City Council drafted seven Strategic Outcome Areas that help define Anna's future identity. A final update from the 2021-2022 Strategic Plan is attached. STRATEGIC CONNECTIONS: Neighborly, Unique, Vibrant, Safe, Resilient, Active, Excellent ATTACHMENTS: 1. Anna Success Statements Adopted 2. 2022 Strategic Plan Final Update Success Statements Neighborly Anna’s community of neighbors has a sense of hometown pride and is: •Caring and giving •Engaged in the community •Active in civic life Unique Anna is a designed to be unique as it transforms from a bedroom community to a thriving city, with: •Deliberate planning for the future •A vision for innovative development and positive growth •A variety of housing, jobs, and educational opportunities Vibrant Anna has a quality workforce that contributes to a prosperous economy that includes: •Diverse businesses with outstanding employment opportunities •Easy access to a variety of events and entertainment venues •A one-of-a-kind downtown Safe Anna is a community where neighbors feel safe due to the City’s commitment to: •Staffing public safety operations to meet the needs of a growing community •Preparing for emergencies and ensuring excellent response times Resilient Anna’s mobility and utility infrastructure consistently meets community needs by: •Focusing on resiliency and the City’s ability to recover from upsets •Having a robust multi-modal transportation network •Dependably delivering utility services to the City’s neighbors and businesses Active The City of Anna promotes an active community through: •A variety of social opportunities for neighbors and visitors •Diverse recreational venues •Well-maintained trails and natural areas •Opportunities for lifelong learning Excellent Anna is a high-performing City that implements best practices and pursues accreditation, demonstrating its commitment to: •Ethical and collaborative decision-making •Continuous improvement and achieving measurable outcomes •Ensuring a positive work environment for Council, staff, and neighbors Strategic Goal 1: Growing the Anna Economy Activities/Milestones Responsibility Priority Target Progress Collin Community College Campus Development: Location, Master Plan, and Agreement 1. Develop MOU with Collin Community College Economic Development Policy - Top May 2021 On Hold 2. Decision: MOU Approval Economic Development Policy - Top June 2021 On Hold 3. Develop Master Plan/Engineering Plan Economic Development Policy - Top Jan 2022 On Hold 4. Prepare TIRZ Analysis Economic Development Policy - Top Feb 2022 On Hold 5. Report: Presentation and Direction on TIRZ Economic Development Policy - Top Mar 2022 On Hold 6. Sewer Plan Engineering Permit Economic Development Policy - Top May 2022 On Hold Summary: Collin Community College has bought the land but has yet to move forward with developing the property. Business Park Activation: Sale and Developer Funded Infrastructure 1. Finalize Letter of Interest in purchasing Business Park Economic Development Policy - Top Apr 2021 Completed 2. Negotiate sale Economic Development Policy - Top July 2021 Completed 3. Decision: Direction Economic Development Policy - Top Sept 2021 Completed 4. Submit Site Plan Economic Development Policy - Top Sept 2021 Completed 5. Close on Sale Economic Development Policy - Top Nov 2021 Completed Summary: The Business Park sold in April of 2022. Medical Campus Business Development: Hospital and Medical Office Development 1. Medical Office Development Economic Development Policy - High a. Receive Site Plan and Civil Economic Development Policy - High Oct 2021 Completed b. P&Z Review Economic Development Policy - High Nov 2021 Completed c. Decision: Site Plan Economic Development Policy - High Dec 2021 Completed d. Complete civil review Economic Development Policy - High Feb 2022 Completed e. Groundbreaking Economic Development Policy - High TBD Completed 2. Hospital Economic Development Policy - High TBD Initial Progress Summary: Ground has broken on the second phase of the Medical Office Development. There are currently discussions about a hospital. Retail/Restaurant Attraction Strategy: Outcomes, Market Analysis, Report with Options, Direction and City Actions 1. Prepare and issue RFQ for Retail/Restaurant Analysis Economic Development Policy - High Sept 2021 Completed 2. Evaluate response and prepare recommendations Economic Development Policy - High Oct 2021 Completed 3. Decision: Award Contract for Analysis Economic Development Policy - High Nov 2021 Completed 4. Complete the Retail/Restaurant Analysis/Report Economic Development Policy - High May 2022 Completed 5. Report: Presentation Economic Development Policy - High June 2022 Completed Summary: Economic Development hired NAVI Retail in December 2021. Navi presented their analysis to the CDC/EDC Board. Unique Business Attraction: Outcomes, Report, Agreements, and City Actions 1. Brewery Economic Development Policy a. Finalize agreement Economic Development Policy May 2021 Completed b. EDC Review Economic Development Policy May 2021 Completed c. Decision: Agreement and Transfer of Ownership Economic Development Policy June 2021 Completed d. Report: Terms of Lease Agreement Economic Development Policy Sept 2021 Completed e. Police Building Vacant Economic Development Policy Feb 2022 Completed f. Secure permit Economic Development Policy May 2022 Initial Progress g. Opening Economic Development Policy June 2022 Not Started 2. Crystal Lagoon Economic Development Policy a. Executive Session Economic Development Policy May 2021 Completed Summary: Anna City Council approved a lease and incentive agreement with 3 Nations Brewing Company to occupy the City of Anna's former Police and Finance Building at 101 S. Powell Pkwy. 3 Nations is securing permits and anticipates opening in early summer of 2023. City/EDC Branding and Marketing Program: Implementation 1. New Stories Economic Development Mgmt - High Ongoing Completed 2. Digital Media Economic Development Mgmt - High June 2021 Completed 3. Logo Economic Development Mgmt - High Completed Completed Summary: The news stories and digital media will be continually ongoing but have been kicked off and had great momentum so far. The logo has been completed. Clean Up Site (Holiday Inn Express Site): Next Steps 1. Continue code enforcement Neighborhood Services Mgmt Ongoing Completed 2. Talk with attorney Neighborhood Services Mgmt Apr 2021 Completed 3. Discuss direction/actions with hotel owner Neighborhood Services Mgmt May 2021 Completed 4. Report: Update and Direction - Litigation on Agreement or Move Forward Neighborhood Services Mgmt July 2021 Completed Summary: The Holiday Inn site has begun to go vertical and is meeting the agreements in place. Management in Progress 2021-2022 1. Trade Shows/Marketing Materials: Re-Initiate Economic Development Sept 2021 Completed 2. Development Forum Event: 1st Annual Economic Development Oct 2021 Completed 3. International Economic Development Awards: Application Economic Development May 2021 Completed 4. Annual Business Appreciation Event Economic Development Nov 2021 Completed 5. Economic Development Incentives Listing on Website Economic Development Ongoing Completed 6. Business Retention/Growth Quarterly Report (Chamber) Economic Development Ongoing Completed Strategic Goal 2: Sustainable Community through Managed Growth Activities/Milestones Responsibility Priority Target Progress Executive/Large Homes on Large Lots Development Strategy: Outcomes, Report, Direction, and City Actions 1. Prepare Report: New Zoning Districts (2) Development Services Policy - Top June 2021 Completed 2. P&Z Review Development Services Policy - Top July 2021 Completed 3. Decision: New Zoning Districts Development Services Policy - Top Aug 2021 Completed Summary: Staff got direction from the Council in June. A public hearing was held at the Planning and Zoning Commission meeting on August 2, 2021. It was passed by Council at the second meeting in August of 2021. Downtown Activation: Implementation 1. TIRZ Economic Development Policy - Top a. Decision: Direction on Downtown Economic Development Policy - Top Apr 2021 Completed b. Hire TIRZ analyst Economic Development Policy - Top Oct 2021 Completed c. Complete TIRZ Analysis Report Economic Development Policy - Top Dec 2021 Completed d. Report: Presentation and Direction Economic Development Policy - Top Jan 2022 Completed 2. Downtown Overlay Economic Development Policy - Top a. Develop Downtown Overlay Economic Development Policy - Top Aug 2021 Initial Progress b. P&Z Review Economic Development Policy - Top Sept 2021 Not Started c. Decision: Downtown Overlay Economic Development Policy - Top Oct 2021 Not Started 3. Activation Economic Development Policy - Top a. Identify developer partner Economic Development Policy - Top Sept 2021 On Hold b. Negotiate development agreement and incentives Economic Development Policy - Top Dec 2021 On Hold c. Decision: Development Agreement Economic Development Policy - Top Jan 2022 On Hold Summary: The downtown TIRZ has been created. The overlay will be a part of the comprehensive development ordinances rewrite that Development Services completes in the Spring of 2023. Economic Development staff are currently working on identifying additional land for activation in Downtown. Long-Term Water Supply Policy/Plan: Direction and City Actions [Collin Grayson Municipal Alliance (CGMA) and the Greater Texoma Utility Authority (GTUA)] 1. Report: CGMA Public Works Policy - High Completed Completed 2. Board Meeting: Adoption of CIP Sherman Water Public Works Policy - High ** TBD or 12/21 Completed 3. Decision: Water Rates Public Works Policy - High Dec 2022 Completed Summary: A staff report on the long-term water supply plan was given at a Fall 2021 City Council meeting. The CIP Sherman Water was adopted at the CGMA meeting in October. Rates will be reviewed and adopted annually in the budget process. Comprehensive Development Ordinances: Update 1. Activity Development Services Policy a. Define the scope and determine the costs Development Services Policy Apr 2021 Completed b. Develop budget proposal Development Services Policy May 2021 Completed c. Budget Workshop: Budget FY '22 Direction Development Services Policy June 2021 Completed d. Decision: Budget FY '22 Funding Development Services Policy Sept 2021 Completed e. Issue RFP Development Services Policy Aug 2021 Completed f. Evaluate responses and prepare recommendations Development Services Policy Oct 2021 Completed g. Decision: Award Contract Development Services Policy Nov 2021 Completed h. Kick-Off Process Development Services Policy Dec 2021 Completed i. Complete update rewrite Development Services Policy Apr 2022 Moderate Progress j. P&Z Review Development Services Policy May 2022 Not Started k. Decision: Ordinance Adoption Development Services Policy June 2022 Not Started Summary: The Comprehensive Development Ordinances update is estimated to be completed in March 2023. Rental Single-Family Homes by Corporations: Problem Analysis, Report, Direction, and City Actions 1. Review ordinance, enforcement, and fees Neighborhood Services Policy May 2021 Completed 2. Prepare Report with fee adjustments Neighborhood Services Policy June 2021 Completed 3. Decision: Direction, Fee Structure, and Funding Neighborhood Services Policy July 2021 Completed 4. Hire additional City Staff Neighborhood Services Policy Dec 2021 Completed Summary: A work session was completed with Council feedback on an ordinance. The fee was increased at the July 27, 2021 City Council meeting. An additional code officer was hired in the Summer of 2021. New Fire Station (West of U.S. 75): Direction and Funding 1. Bond Election Fire Mgmt - Top May 2021 Completed 2. Decision: Award Contract for Design/Build Fire Mgmt - Top July 2021 Completed 3. Decision: Bond Advance Reimbursement Fire Mgmt - Top July 2021 Completed 4. Bond Issuance Fire Mgmt - Top July 2021 Completed 5. Bond Rating and Sale Fire Mgmt - Top Sept 2021 Completed 6. Complete Design Fire Mgmt - Top Mar 2022 Completed 7. Complete Construction - Open Station Fire Mgmt - Top Mar 2023 Initial Progress Summary: The bond election happened in May of 2021. Interviews for the contractors happened in March of 2022. The groundbreaking occurred on January 10, 2023 and the project is anticipated to be complete by early 2024. Parks, Trails, and Open Spaces Master Plan: Development and Adoption 1. Decision: Plan Adoption Neighborhood Services Mgmt - Top Apr 2021 Completed Summary: This was adopted in April of 2021. Ferguson Road Extension Design: Agreement, Direction, and Funding 1. Finalize and issue RFQ Public Works Mgmt - Top July 2021 Completed 2. Review responses and prepare recommendation Public Works Mgmt - Top Aug 2021 Completed 3. Decision: Award Contract for Engineering Design Public Works Mgmt - Top Oct 2021 Completed 4. Complete Final Engineering Design Public Works Mgmt - Top June 2022 Initial Progress Summary: We awarded the contract in summer of 2022. We’ve coordinated with NTCCOG for additional funding. The design team has begun their detailed survey work for the final engineering design. Comprehensive Plan: Development and Adoption 1. Decision: Plan Adoption Development Services Mgmt - Top Apr 2021 Completed Summary: This was adopted in April of 2021. Management in Progress 2021-2022 1. SmartGov Permitting Software - Public Portal: Implementation Development Services June 2021 Completed 2. Development Records to Digital Format Development Services Oct 2021 Completed 3. Tree City USA Designation Neighborhood Services Nov 2021 Completed 4. Environmental Education Program: Implementation Neighborhood Services Ongoing Completed 5. Ferguson Parkway (from Collin County Outer Loop to Taylor Rd) Environmental Study: Completion Public Works Dec 2021 Duplicate 6. Professional Services Request for Qualifications Process: Implementation (Council Decision) Public Works July 2021 Completed 7. Public Works GIS Improvements - Phase 1: Implementation (Budget FY '22 Decision) Public Works Sept 2021 Completed Major Projects 2021-2022 1. Hurricane Creek Line B Public Works a. Bid Award Public Works July 2021 Completed b. Construction Public Works Apr 2022 Moderate Progress 2. Hackberry Drive Public Works a. ROW Acquisition Public Works June 2021 Significant Progress b. Bid Award Public Works Aug 2021 Not Started c. Construction Public Works Feb 2022 Not Started 3. TxDOT Traffic Signal Installation (2)Public Works a. CR 371/376 Public Works Sept 2021 Completed 4. Taylor Road Reconstruction Public Works a. Preliminary Engineering Public Works Sept 2021 Completed b. Final Design (with Collin County) Submission Public Works Oct 2021 Waiting on county input 5. Hurricane Creek Line C: Preliminary Engineering Public Works Dec 2021 Completed 6. Wastewater Treatment Plant: Submit TCEQ Permit Public Works Aug 2021 Completed 7. SH 5 Utility Relocation Project (TxDOT 2023- 2035); Design Project A Public Works Nov 2021 Completed 8. Rosamond from US 75 to SH 5 Roadway Improvements: Construction Public Works Apr 2022 Significant Progress 9. Rosamond from SH 5 to FM 2862 Roadway Improvements In-House Design Public Works Aug 2022 Completed 10. Water Mains Relocation: Engineering Design (along US 75 north of FM 455) Public Works Sept 2021 Completed 11. Water Well: Construction Public Works Sept 2021 Significant Progress 12. Collin Water Pump Station Improvements: Construction Public Works Sept 2021 Completed 13. West Foster Crossing along Pecan Grove Phase 2- 4: Construction Public Works Aug 2021 Completed 14. Hackberry Drive from SH 5 to Bamborough Lane: Construction Public Works Mar 2022 Duplicate 15. Street Rehabilitation Projects: Construction, Award Contract (Council Decision) Public Works a. Taylor Boulevard Public Works July 2021 Completed b. County Road 371 Public Works July 2021 Completed Strategic Goal 3: Great Place to Live Activities/Milestones Responsibility Priority Target Progress Connected Trails Plan: Update and City Actions 1. Bond Election Public Works Policy - Top May 2021 Completed 2. Develop and issue RFQ for identification of trails and connectivity, layout, and acquisition Public Works Policy - Top May 2021 Completed 3. Review proposals and make selection Public Works Policy - Top July 2021 Completed 4. Decision: Award Contract for Plan Public Works Policy - Top Aug 2021 Different Direction 5. Complete Plan Public Works Policy - Top June 2022 Different Direction Summary: City held a bond election in May of 2021, issued the RFQ for consultants, reviewed proposals, and made selections for design consultants. Jacobs was selected during the RFQ process as preferred. The master agreement has been developed but there will be multiple contracts for different parts of this plan. In the capital plan, this year we will initiate trail planning. There is a preliminary alignment out of trails plan giving staff direction for design that will take place over the next two years. Indoor Community/Recreation Center: Design 1. Bond Election Public Works Policy - High May 2021 Completed 2. Develop and issue RFQ Public Works Policy - High June 2021 Completed 3. Review proposals and make selection Public Works Policy - High June 2021 Completed 4. Decision: Award Contract for Design Public Works Policy - High Aug 2021 Completed 5. Complete design Public Works Policy - High June 2022 Initial Progress Summary: Based on the Parks Board and Council workshop on February 28, 2022, this was deferred to later in the bond program than originally intended. Since then, a contract with Project Advocates was approved and are working on design. Neighborhood Services has interviews set for February 6th for contractors related to the feasibility studies of the recreation center. We estimate it will take 6 months or so to develop the project charter. The rest of the design will be completed afterwards and we estimate it will take 12 months to begin the construction documents. One key piece of this project will be determining the location as that will determine many of the recreation center specifications, affect the project timeline, and ultimately inform what we ask for in the next bond package. Code Enforcement/Community Clean-Up Performance/Effectiveness: Assessment, Report, Direction, and City Actions 1. Review existing codes, identify problems/chronic violators, best practices, legal framework, and future options Neighborhood Services Policy May 2021 Completed 2. Prepare Report Neighborhood Services Policy May 2021 Completed 3. Report: Presentation Neighborhood Services Policy June 2021 Completed 4. Identify problem properties Neighborhood Services Policy Aug 2021 Completed 5. Develop process for addressing the problems Neighborhood Services Policy Sept 2021 Completed 6. Report: Presentation and Direction Neighborhood Services Policy Sept 2021 Completed 7. Initiate contact Neighborhood Services Policy Oct 2021 Completed Summary: In January of 2022, Code updated Council on the new make-up of the Code Compliance division and the new responsibilities the department has to more thoroughly and efficiently address Anna code compliance issues. Gateway LED Signs and Reader Boards: Outcomes, Locations, Report with Options and Costs, Direction and City Funding 1. Mayor and Council Members submit ideas on locations and signage Development Services Policy May 2021 Different Direction 2. Identify locations and property ownership Development Services Policy June 2021 Different Direction 3. Prepare initial Report Development Services Policy June 2021 Different Direction 4. Report: Presentation and Direction Development Services Policy July 2021 Different Direction 5. Develop design Development Services Policy Sept 2021 Different Direction Summary: Gateway signage is included in the Comprehensive Development Ordinance update which will be complete in March of 2023. Economic Development kicked off Phase I of the Wayfinding Taskforce in December of 2022. Community Events/Festivals 1st Year: Implementation 1. Concerts Neighborhood Services Policy June 2021 Completed 2. 4th of July and Fireworks Neighborhood Services Policy July 2021 Completed 3. Harvest Festival Neighborhood Services Policy Oct 2021 Completed 4. City Hall Grand Opening Neighborhood Services Policy Jan 2022 Completed Summary: The summer concerts, 4th of July fireworks show, and Anna Fest have been implemented as annual city events. The grand opening for the Central Fire Station happened in the Fall of 2021. A Grand Opening for the new Municipal Complex was held in the Fall of 2022. Library/Community Resource Center/Learning Center: Design 1. Bond Election Public Works Mgmt - Top May 2021 Completed 2. Decision: Award Contract for Design/Build Public Works Mgmt - Top Sept 2021 Completed 3. Decision: Bond Advance Reimbursement Public Works Mgmt - Top Sept 2021 Completed 4. Bond Issuance Public Works Mgmt - Top Sept 2021 Completed 5. Bond Rating and Sale Public Works Mgmt - Top Nov 2021 Completed 6. Complete Design Public Works Mgmt - Top May 2022 Significant Progress 7. Complete Construction Public Works Mgmt - Top May 2023 Not Started Summary: The steps and timeline to this item have changed because we are no longer pursing a design/build contract. The library task force solicited community input throughout the spring and summer of 2022, and Council adopted the project charter in the summer. Currently, we’re at end of design development for the library which include details like carpet color, wall treatments, and more. Design development should end in February. Full construction document development comes afterwards and we expect to be go out to bid in December of 2023 or January of 2024. Throughout the remainder of this process, staff is keeping a focus on lead times from manufacturers and is looking at when and what operating funds will need to be budgeted for the library when it opens. Recreation Programs/Activities Development: Staff and Development 1. Recreation Coordinators (3) Neighborhood Services Mgmt - Top a. After School Programs Neighborhood Services Mgmt - Top Apr 2021 Completed b. Events Neighborhood Services Mgmt - Top Apr 2021 Completed c. Adult/Youth Sports Neighborhood Services Mgmt - Top Apr 2021 Completed 2. Initiate Summer Programs Neighborhood Services Mgmt - Top June 2021 Completed 3. Develop Recreational Program Calendar Neighborhood Services Mgmt - Top Aug 2021 Completed 4. Takeover Recreation Baseball Neighborhood Services Mgmt - Top Jan 2022 Completed Summary: In Spring of 2021, Neighborhood Services hired its three recreation coordinators. Summer programs kicked off in late May of both 2021 and 2022. Neighborhood Services has developed its yearly recreation programming. They partnered with Anna Sports Group for Spring 2022 baseball and will fully take it over in the Spring of 2023. Community-Based Trash/Littering Program: Development and Kick Off 1. Earth Day Neighborhood Services Mgmt - High Apr 2021 Completed 2. Clean-Up Day Neighborhood Services Mgmt - High Apr 2021 Completed 3. Household Hazardous Waste Neighborhood Services Mgmt - High Apr 2021 Completed 4. BEST Team Neighborhood Services Mgmt - High Ongoing Continually Ongoing Summary: Annual programming and events for Earth Day include a community clean up and hazardous waste collection in April. Staff created and maintain a Keep Anna Beautiful program with active volunteering from neighbors. On November 19, 2022 the Community Enhancement and Compliance Division held a Downtown Service Day Project. Our internal cross-departmental beautification team (BEST Team) meets quarterly. Outdoor Sports Complex/Sports Fields Development: Design 1. Election Public Works Mgmt - High May 2021 Completed 2. Develop and issue RFQ Public Works Mgmt - High June 2021 Completed 3. Review proposals and make selection Public Works Mgmt - High July 2021 Different Direction 4. Decision: Award Contract for Design Public Works Mgmt - High Aug 2021 Different Direction 5. Complete design Public Works Mgmt - High June 2022 Different Direction Summary: Based on Council and Parks Board feedback from the joint meeting on February 28, 2022, sports fields will be developed at Bryant, Slayter, Geer, and Johnson Parks. Updates and upgrades will come to existing fields. Funding will come in future bond sales. Bryant phase one is completed and activated. Additionally, exploration of future fields is underway. Management in Progress 2021-2022 1. Neighborhood/Business Crime Watch Program: Kick-Off Police July 2021 Completed 2. Community Races at Parks (2) Neighborhood Services a. July Neighborhood Services July 2021 No Longer Relevant b. October Neighborhood Services Oct 2021 Completed 3. Movies in the Park Neighborhood Services Ongoing Completed 4. Concerts in the Park: Kick-Off Neighborhood Services June 2021 Completed 5. Patrol Districts: Annual Evaluation Report Police Oct 2021 Completed 6. Park Maps: Enhancements Neighborhood Services Aug 2021 Ongoing 7. Comprehensive Plan Checklist: Development Development Services June 2021 Completed 8. 2018 International Building Code/2017 National Electrical Code: Adoption (COUNCIL DECISION) Development Services May 2021 Completed 9. ARCGIS Training: Completion Public Works Dec 2021 Completed 10. Public Wi-Fi at Sherley Park: Implementation Information Technology Aug 2021 Completed 11. Health Inspection Software: Implementation Neighborhood Services May 2021 Completed 12. Program Registration and Facility Rental Software: Implementation Neighborhood Services May 2021 Completed 13. Parks Asset Management and Condition Software: Implementation Neighborhood Services Sept 2021 Initial Progress 14. Community Block Party Trailer: Live Rollout Neighborhood Services July 2021 Completed 15. Summer Concerts and 4th of July Celebration Neighborhood Services June 2021 Completed 16. IAPs for Special Events Neighborhood Services Ongoing Completed 17. New Neighbor Welcome Program: Development Neighborhood Services Oct 2021 Completed 18. Parks Community Investment Program: Update Neighborhood Services Sept 2021 Completed 19. City-Wide Code Compliance Assessment Methodology: Key Performance Indicators Neighborhood Services Ongoing Completed 20. Recreation Guide for Neighbors Template: Development Neighborhood Services Sept 2021 Completed 21. "We Notice…" Campaign: Creation Neighborhood Services Sept 2021 Completed 22. Neighborhood Summit and Legal Clinic for HOA's: Development Neighborhood Services Apr 2021 Completed 23. Volunteer Program Operating Standards and Procedures: Creation/Rollout Neighborhood Services Aug 2021 Completed 24. Geer Park: Master Plan Neighborhood Services Nov 2021 Pending other project progression 25. Automated License Plate Reader: TxDOT Approval Police Jan 2022 Completed 26. Racial Profiling Data: Evaluation Police Feb 2022 Completed 27. Criminal Justice Information Systems (CJIS) Audit Preparation Police Mar 2022 Completed 28. Neighborhood Watch: Re-Establish Police June 2021 Completed Major Projects 2021-2022 1. Johnson Park Renovation Project: Construction Neighborhood Services June 2021 Completed 2. Steam Locomotive at Sherley Heritage Park Neighborhood Services Aug 2021 Significant Progress 3. Disc Golf Course at Slayter Creek Park: Update Neighborhood Services Sept 2021 Completed 4. Splash Pad: Refresh Neighborhood Services May 2021 Completed 5. Bryant Park Sports Fields: Neighborhood Services a. Direction Neighborhood Services May 2021 Completed b. Budget FY '22 Funding Neighborhood Services Sept 2021 Completed c. Completion Neighborhood Services Mar 2022 Moderate Progress 6. Natural Springs Park (North End): Additional Parking and Nature Theme Play Structure Neighborhood Services Aug 2022 Moderate Progress 7. Slayter Creek Park: Parking Lot installation and Lighting Repairs Neighborhood Services Completed Completed Strategic Goal 4: High Performing Professional City Activities/Milestones Responsibility Priority Target Progress City Ambulance/EMS Service Implementation: Firefighters Staffing and Additional Ambulances (2) 1. Order ambulance Fire Policy - Top Apr 2021 Completed 2. Notification: SAFER Grant Fire Policy - Top July 2021 Completed 3. Decision: Budget FY '22 Funding Fire Policy - Top Sept 2021 Completed 4. Hire 6-9 firefighters Fire Policy - Top Nov 2021 Completed 5. Establish Fire-Based EMS Fire Policy - Top Mar 2022 Completed Summary: In the summer of 2022, Fire Department passed its final inspections and began operations for Fire- based EMS. Joint 9-1-1 Communications Center: Outcomes, Report with Options, Direction and City Actions 1. Research on scope, best practices options, costs and funding mechanism Fire Policy - High Nov 2021 Completed 2. Prepare Briefing Report Fire Policy - High Dec 2021 Completed 3. Submit to City Manager for review and refinement Fire Policy - High Dec 2021 Completed 4. Report: Presentation and Direction Fire Policy - High Jan 2022 Completed Summary: Chief Habel has completed a cost analysis related to the Joint 9-1-1 Communications Center and presented his findings before Council in April. Public Safety Services, Staffing, and Equipment: 5-Year Plan Direction and Funding (CPSM) 1. Develop budget proposal Police Policy - High May 2021 Completed 2. Budget Workshop: Budget FY '22 Direction Police Policy - High June 2021 Completed 3. Decision: Budget '22 Funding Police Policy - High Sept 2021 Completed 4. Complete Report Police Policy - High Dec 2021 Completed 5. Report: Presentation Police Policy - High Jan 2022 Completed Summary: PD hired the consultant and provided them with the appropriate data. It did not need to be budgeted as the funds came out of savings from the previous year. The presentation was given to Council in early spring of 2022. Proactive Communications Strategy and Actions Plan: Social Media Policy, Council's Message to Our Community and Communications Plan 1. Hire Communications Manager City Manager Policy June 2021 Completed 2. Develop Comprehensive Communication Plan City Manager Policy Sept 2021 Completed 3. Report: Presentation City Manager Policy Oct 2021 Completed Summary: The Communications Manager finished the communications plan in September and gave a presentation in October of 2021. Collin County Relationship Building and Partnership: Outcomes, Key Issues, Outreach to County and City Actions 1. Meeting with County Commissioner to discuss Anna's issues Mayor Policy Apr 2021 Completed Summary: County Commissioner Darrell Hale attended the April 12, 2022 City Council meeting to discuss City/County partnerships. City Water/Sewer Master Plan Impact Fees: Report and Direction 1. Complete updates: Water Master Plan and Sewer Master Plan Public Works Mgmt - Top Aug 2021 Completed 2. Review CIP 10-year Study and Fees Public Works Mgmt - Top Nov 2021 Completed 3. Prepare updated ordinance Public Works Mgmt - Top Dec 2021 Completed 4. Decision: Ordinances Adoption Public Works Mgmt - Top Dec 2021 Completed Summary: The Public Works Department worked with Kimley Horn to prepare updates to the City’s Thoroughfare, Water, and Wastewater master plans, the City of Anna 10-year Capital Improvement Plan (CIP), and the City’s Impact Fees. An update was brought before Council on July 26, 2022 and the Impact Fees were approved by Council on August 8, 2022. Employee Wellness/Benefits Gaps Program: Direction and Funding 1. Hire consultant for review Human Resources Mgmt - High May 2021 Completed 2. Conduct Wellness Week Human Resources Mgmt - High May 2021 Completed 3. Receive Report from the consultant Human Resources Mgmt - High Aug 2021 Completed 4. City Manager Direction Human Resources Mgmt - High Aug 2021 Completed Summary: We hired a consultant for review in June and conducted Wellness Week in May. We received feedback from the consultant and the City Council approved a resolution adopting the new benefits at the July 27, 2021 Council meeting. City Employee Compensation: Review, Direction, and Funding 1. Complete study Human Resources Mgmt - High July 2021 Completed 2. City Manager Review Human Resources Mgmt - High July 2021 Completed 3. Report: Presentation Human Resources Mgmt - High Aug 2021 Completed 4. Decision: Budget FY '22 Funding Human Resources Mgmt - High Sept 2021 Completed Summary: The study was completed in January of 2021. It was reviewed by the City Manager, presented to Council, and adjustments were included in the 2021-2022 Budget. Employee Training and Development: Direction and Funding 1. Develop budget proposal Human Resources Mgmt - High May 2021 Completed 2. Budget Workshop: Budget FY '22 Direction Human Resources Mgmt - High June 2021 Completed 3. Decision: Budget FY '22 Funding Human Resources Mgmt - High Sept 2021 Completed 4. Kick-off Learning Management System Human Resources Mgmt - High Oct 2021 Completed Summary: This was included in the 2021-2022 Budget. The Learning Management System has been kicked off by Human Resources. Disaster Recovery and Related Services: Report 1. Complete final draft Public Works Mgmt - High Aug 2021 Completed 2. Report: Presentation Public Works Mgmt - High Dec 2021 Completed Summary: Generators, new wells, and new storage tanks were approved to make our city more resilient to winter weather events. Public Works previously gave an update on this. The city has also established City Hall as an interim warming shelter with AISD as the primary shelter going forward. Personnel (Human Resources) Policies: Direction and Revision 1. Contract with consultant for review/refinement Human Resources Mgmt Apr 2021 Completed 2. Complete re-write Human Resources Mgmt Dec 2021 Completed 3. City Manager Review Human Resources Mgmt Dec 2021 Completed 4. Report: Presentation and Direction Human Resources Mgmt Jan 2022 Completed 5. Election: Charter Amendments Human Resources Mgmt May 2022 Completed Summary: Revised Human Resources policies were approved by Council in October of 2021. Financial Plan Update: Review and Direction 1. Complete update City Manager Mgmt May 2021 Completed 2. Budget Workshop: Presentation City Manager Mgmt June 2021 Completed Summary: The updated five-year financial plan was included in budget information given to Council during the budget workshop on August 10, 2021. Financial Policies: Review and Refinement 1. Cash Management Finance Mgmt June 2021 Completed 2. PFI Training Finance Mgmt June 2021 Completed Summary: Our policies were updated and staff was trained in accordance with them. American Rescue Act Dollars Plan: Direction and Development 1. Review Federal Guidelines City Manager Mgmt TBD Completed 2. Develop a plan City Manager Mgmt TBD Completed 3. Report: Presentation and Direction City Manager Mgmt TBD Completed Summary: ARPA funds will be used for downtown utility replacement and expansion. Management in Progress 2021-2022 1. Police Districting Plan: Annual Evaluation Police Apr 2021 Completed 2. Department Performance Metrics (Outcome-Based): Refinement City Manager May 2021 Completed 3. Annual City Strategic Plan: Update City Manager Apr 2021 Completed 4. Budget Workshop for Mayor and City Council City Manager June 2021 Completed 5. Cash Management Administrative Directive Finance Jan 2022 Completed 6. Internal Control System and Process Administrative Directive Finance Jan 2022 Completed 7. Financial Policies: Training Finance June 2021 Completed 8. City Social Functions: Update (Potlucks, Employee Functions, etc.) Human Resources May 2021 Completed 9. Annual Q12 Employee Survey Human Resources Oct 2021 Completed 10. Financial Transparency Stars Program Finance Sept 2021 Completed 11. Police Policy and Procedure: Update Police Oct 2021 Completed 12. Annual City Employee In-Service Day (Budget FY '22 Funding) Human Resources Sept 2021 Completed 13. Neighbors Leadership Academy: Development City Manager Nov 2021 Completed 14. Fire Standard of Cover Report Fire Sept 2021 Moderate Progress 15. Servant Leadership Training Program Human Resources Jan 2022 Completed 16. Fire SOP: Review/Refinement Fire Oct 2021 Significant Progress 17. Firefighter Physical Agility Course: Revamp Fire Apr 2022 Completed 18. Police Leadership Training Program Police Ongoing Completed 19. Aerial Apparatus (Quint): Design and Acquisition Fire a. Order Fire May 2021 Completed b. Operational Fire June 2022 Moderate Progress 20. Fixed Asset Tracking Spreadsheet: Development Finance July 2021 Completed 21. City Website Upgrade: Completion City Manager May 2021 Completed 22. UB Billing Cycles Structure: Review Finance Feb 2022 On Hold 23. Incode Conversation for Core Financials: Completion Finance Sept 2021 Completed 24. Incode Conversation for Utility Billing: Completion Finance Dec 2021 Completed 25. Cash Handling Controls in Departments Finance Jan 2022 Completed 26. Credit Card Handling Finance June 2021 Completed 27. Ion Wave Purchasing Software: Implementation Finance June 2021 Completed 28. Fixed Assets Ledger: Clean-Up Finance July 2021 Completed 29. Texas State Comptroller Transparency Award Finance Sept 2021 Completed 30. PPE Purchase and Replacement Schedule: Development Fire July 2021 Completed 31. COVID Ambulance In- Service Agreements, State Health Department License and Training: Completion Fire Jan 2022 Completed 32. Deer Oaks City-Wide Training Human Resources Nov 2021 Completed 33. Retiree Options for Medical, Dental, Vision, and Prescription: Review and Funding Human Resources Oct 2021 Completed 34. Tuition Reimbursement Policy: Review and Funding Human Resources Dec 2021 Completed 35. Internship Program: EDC Human Resources May 2021 Completed 36. Loaner Laptops: Increase (Budget FY '22 Funding) Information Technology Sept 2021 Completed 37. IT Department Structure Information Technology May 2021 Completed 38. New Phone System: Direction and Funding Information Technology Dec 2021 Completed 39. Disaster Recovery Backup: Direction Information Technology Dec 2021 Moderate Progress 40. Network Topology Redesign Information Technology Dec 2021 Completed 41. City Council Chambers Equipment Information Technology Dec 2021 Completed 42. Inspect2Go for Code Enforcement: Implementation Information Technology May 2021 Completed 43. EOC Equipment: Implementation Information Technology Sept 2021 Significant Progress 44. Park Planning and Development Manager: Hiring Neighborhood Services Aug 2021 Completed 45. Board Member Clinic: Development Neighborhood Services Apr 2022 Completed 46. APWA Accreditation Public Works Dec 2022 Initial Progress 47. Police Equipment Upgrade: Purchase Police Ongoing Completed 48. Standardized Compensation Process for Field Training Officers and Out-of-Position (OIC) Pay: Development Police Ongoing Completed Major Projects 2021-2022 1. Municipal Complex Project: Completion and Location of City Offices City Manager Dec 2021 Completed Item No. 6.a. City Council Agenda Staff Report Meeting Date: 2/14/2023 Staff Contact: Carrie Land AGENDA ITEM: Approve the City Council Meeting Minutes for January 14, 2023 and January 24, 2023. (City Secretary Carrie Land) SUMMARY: Approval of January 14, 2023 and January 24, 2023 City Council Meeting Minutes. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: Approve STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Excellent. ATTACHMENTS: 1. CCMin2023-01-14 Special Meeting (DRAFT) 2. CCmin2023-01-24 (DRAFT) 1 Special City Council Meeting Meeting Minutes Saturday, January 14, 2023 @ 9:00 AM Anna Municipal Complex - Council Chambers 120 W. 7th Street, Anna, Texas 75409 1.Call to Order, Roll Call, and Establishment of Quorum. Mayor Pike called the meeting to order at 9:00 AM. Members Present: Mayor Nate Pike Mayor Pro Tem Lee Miller Deputy Mayor Pro Tem Randy Atchley Council Member Kevin Toten Council Member Danny Ussery Council Member Pete Cain Members Absent: Council Member Stan Carver 2.Invocation and Pledge of Allegiance. Mayor Pike led the Invocation and Pledge of Allegiance. 3.Neighbor Comments. There were no public comments. 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.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). 2 b.Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov’t Code §551.072). c.Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov’t Code §551.087). d.Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074). City Manager MOTION: Council Member Miller moved to enter closed session. Council Member Toten seconded. Motion carried 6-0. Mayor Pike recessed the meeting at 9:04 AM. Mayor Pike reconvened the meeting at 9:29 AM. MOTION: Council Member Miller moved to re-enter closed session. Council Member Toten seconded. Motion carried 6-0 Mayor Pike recessed the meeting at 9:34 AM. Mayor Pike reconvened the meeting at 10:07 AM. 5.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: Mayor Pike moved to approve amending City Manager Jim Proce's contract. Council Member Toten seconded. Motion carried 6-0. MOTION: Mayor Pike moved to accept City Manager Jim Proce's resignation. Council Member Miller seconded. Motion carried 6-0. MOTION: Mayor Pike moved to appoint Ryan Henderson as Interim City Manager. Council Member Cain seconded. Motion carried 6-0. 6.Adjourn. Mayor Pike adjourned the meeting at 10:07 AM. 3 Approved February 14, 2023 __________________________________ Mayor Nate Pike Attest: __________________________________ City Secretary Carrie L. Land Regular City Council Meeting Meeting Minutes Tuesday, January 24, 2023 @ 6:00 PM Anna Municipal Complex - Council Chambers 120 W. 7th Street, Anna, Texas 75409 The City Council of the City of Anna met on 01/24/2023 at 6:00 PM in the Anna Municipal Complex-Council Chambers, located at 120 W. 7th Street, to consider the following items. 1. Call to Order, Roll Call, and Establishment of Quorum. Mayor Pike called the meeting to order at 6:00 PM. Members Present: Mayor Nate Pike Mayor Pro Tem Lee Miller Deputy Mayor Pro Tem Randy Atchley Council Member Kevin Toten Council Member Stan Carver Council Member Danny Ussery Council Member Pete Cain Members Absent: None 2. Invocation and Pledge of Allegiance. Council Member Carver led the Invocation and Mayor Pike led the Pledge of Allegiance. 3. Neighbor Comments. There were no neighbor comments. 4. Reports. Receive reports from Staff or the City Council about items of community interest. a. Recognition of the Anna ISD Achievements in 2022 (Mayor Nate Pike) Mayor Pike recognized the Anna ISD students for their achievements in 2022 in the areas of Tennis, Cross Country, Football and Band. Proclamations from the Mayor will be presented at the next Anna ISD Board Meeting. b. Update from Lee Lewis Construction on the remaining punch list items for the Municipal Complex. (Director of Public Works Greg Peters, P.E.) Lee Lewis Construction gave an update on the remaining punch list items for the Municipal Complex. 5. Work Session. a. Zoning & Impact Reimbursement Discussion - NexMetro CR 423 (Director of Public Works Greg Peters, P.E.) The applicant received City Council feedback on the proposed impact reimbursement for County Road 423. Mayor Pike recused himself at 6:19 PM. b. Presentation from Megatel on the AnaCapri Development and discussion on proposed expansion and zoning (AnaCapri North). (Director of Economic Development Joey Grisham) Megatel provided a presentation regarding updates on the AnaCapri project and proposed expansion. Mayor Pike returned to the meeting at 6:40 PM. 6. Consent Items. MOTION: Mayor Pro Tem Miller moved to approve items 6. a.-d. & 6. f.-i. Council Member Toten seconded. Motion carried 7-0. a. Approve the City Council Meeting Minutes for January 10, 2023. (City Secretary Carrie Land) b. Review the Minutes from the November 21, 2022 Parks Advisory Board Meeting (Assistant Director of Neighborhood Services Jeff Freeth). c. Review Monthly Financial Report for the Month Ending December 31, 2022. (Budget Manager Terri Doby) The City of Anna's financial policies require the publication of a financial report monthly. The report covers the financial performance for Fiscal Year 2023 through December 31, 2022. The financial condition of the City remains strong and the reported funds adhere to fund balance requirements. d. Approve a waiver letter and authorize the Mayor to enter into an Interlocal Agreement with the City of Bells for transfer of recreational materials (Neighborhood Services Director, Marc Marchand) The old equipment at the skatepark at Slayter Creek Park is no longer needed and must be removed before construction of the new skatepark begins. The City Manager has been in conversations with the City Administrator from the City of Bells who are interested in procuring the old material for their own skatepark project. The City of Bells will be responsible for the removal of all the equipment with no charge to the City of Anna. e. Approve a Resolution approving the extension of a lease agreement between the City of Anna and CARDS Dallas, Incorporated, for the use of a portion of the Public Works Facility in exchange for the approved reduction of fifty cents per Single Family Residential Home on their Solid Waste and Recycling Fees. (Director of Public Works Greg Peters, P.E.) In March of 2021, the City entered into a lease agreement with CARDS Dallas, Incorporated, for the use of a portion of the City of Anna Public Works Facility. In exchange, CARDS provides the City with a $0.50 reduction in fee per house for all single family residential solid waste services. This $0.50 is already included in the rates approved by the City Council in September. Since the lease agreement was entered into in March, it is renewed annually each spring. This is a ministerial item, as CARDS is already providing the discount, and the City Council agreed to continue the lease as a part of the setting of solid waste rates and subsequent approval last year. However, in order to ensure that all paperwork is formally completed for the March annual renewal, this item was presented for approval as a consent item. A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT FOR THE TEMPORARY USE OF CITY FACILITIES BY AND BETWEEN THE CITY OF ANNA TEXAS AND CARDS DALLAS, INCORPORATED; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION: Council Member Toten moved to approve. Mayor Pro Tem Miller seconded. Motion carried 7-0. f. Approve a Resolution for the purchase of servers and additional software and equipment from CDW Government of Chicago, IL through the TxDOT and Texas DIR agreements in the amount of $250,000, and authorizing the City Manager to sign the agreement. (Director of Information Technology Kevin Johnson) The City's current server technology is past the end of its useful life. In order to maintain a reliable network and computer system to serve Anna neighbors, it is time to replace the servers. Staff has been working with CDW Government on a quote based on current DIR contracts with the state of Texas. In accordance with the adopted FY 2023 budget, this purchase will be financed over five years A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, APPROVING THE PURCHASE OF SERVERS AND ADDITIONAL SOFTWARE AND EQUIPMENT FROM CDW GOVERNMENT OF CHICAGO, IL THROUGH TXDOT AND TEXAS DIR AGREEMENTS AS LISTED IN THE QUOTE IN THE AMOUNT OF $250,000, AND AUTHORIZE THE CITY MANAGER TO SIGN THE AGREEMENT. g. Approve a Resolution for a lease purchase agreement for the purpose of financing servers and related equipment with Government Capital Corporation in the amount of $250,000 for a period of five (5) years at an interest rate of 4.90%, and authorizing the City Manager to sign the agreement. (Finance Director Alan Guard) The City Council approved the purchase of new servers for the City's Information Technology Department in the FY 2023 budget. As part of the budget process, Council was informed this purchase would be financed over five years. The Finance Department has sought quotes from various financial institutions. The City received the low quote for the best interest rate from Government Capital Corporation for a period of five (5) years at 4.90%. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA REGARDING A LEASE PURCHASE AGREEMENT FOR THE PURPOSE OF FINANCING “SERVERS” WITH GOVERNMENT CAPITAL CORPORATION IN THE AMOUNT OF $250,000 FOR A PERIOD OF FIVE (5) YEARS AT AN INTEREST RATE OF 4.90% AND AUTHORIZE THE CITY MANAGER TO SIGN THE AGREEMENT. h. Approve an Ordinance Amending the FY2023 Community Investment Program (CIP) Budget to appropriate funding for US 75 Utility Relocation Project. (Budget Manager Terri Doby) The proposed budget amendment includes funding for the following purposes: • US 75 Utility Relocations ($776,000) The Texas Department of Transportation is preparing to complete the widening of US 75 from north of FM 455 to the Collin County line in the near future. As a part of that project, the City is required to relocate our existing water mains out of the proposed widening project area. The original budget was set based on an opinion of probable cost provided by the design engineer in 2020 at the completion of the conceptual design based on a new 8-inch main. The project scope was increased to a 12-inch main with a connection underneath US 75 in 2022 based upon the adopted Water Master Plan. Per the Master Plan and water modeling, an 8-inch main would be undersized for future commercial development in the US 75 corridor and would be inadequate for providing the pressure and volume required for a large water user. Since the funding source is Water Impact Fees, no taxpayer dollars will be needed to fund the increased budget required. Staff proposes that Water Impact Fees be used to fund the entire project cost, which is in-line with the City Council goal of having growth pay for growth. While the project will be significantly more expensive than estimated in 2020, we believe that it is the right decision to build the main as a 12-inch line to ensure that the City is able to provide the water pressure and volume needed for commercial and mixed-use developments along US 75. AN ORDINANCE AMENDING ORDINANCE NO. 1002-2022 ADOPTING THE BUDGET FOR THE 2022-2023 FISCAL YEAR; PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. i. Approve a Resolution awarding the construction of the US 75 Utility Relocation project to ANA Site Construction, LLC. (Director of Public Works Greg Peters, P.E.) TxDOT is preparing to widen US 75 north of FM 455 to a 6-lane freeway with improved frontage roads all the way to the Collin County northern limit. The City of Anna has existing 6-inch water mains located along the existing freeway which must be relocated. The relocation includes increasing the size of the water mains from 6-inch to 12-inch diameter to provide adequate water supply for the future development of the US 75 corridor. The City publicly advertised the project and opened bids on December 15, 2022. Five bids were received, with the lowest qualified bid from ANA Site Construction, LLC, in the amount of $1,625,063.75. Staff is recommending a total project budget of $1,700,000 for the project to provide $74,936.25 in contingencies. The proposed funding source is Water Impact Fees. A portion of the project will be reimbursable by TxDOT. The total TxDOT reimbursement anticipated is $187,350.00. When reimbursement is received from TxDOT upon completion of the project, it will go back into the Water Impact Fee Fund. The final City cost is expected to be $1,512,650 after reimbursement is received, which is below the amended budget of $1,626,000. A RESOLUTION OF THE CITY OF ANNA, TEXAS AWARDING THE US 75 UTILITY RELOCATION PROJECT TO ANA SITE CONSTRUCTION, LLC, IN THE AMOUNT NOT TO EXCEED ONE MILLION SEVEN HUNDRED THOUSAND DOLLARS AND ZERO CENTS ($1,700,000.00); AND PROVIDING FOR AN EFFECTIVE DATE. j. Approve a Resolution authorizing the City Manager to execute documents for the purchase of a 0.132 acre parcel for public right-of-way and limited rights on a 0.061 acre parcel for a permanent grading easement on and across a 7.7869 acre tract of land for the construction of Hackberry Drive. (Director of Public Works Greg Peters, P.E.) The City of Anna is seeking to construct roadway improvements to Hackberry Drive as a capital improvement project for the City. The City has been acquiring the necessary right-of-way for the project, and has been working with the landowner of the subject property in regards to all impacts the project will have on the subject tract. Staff worked with the landowner to identify the estimated costs of replacing the fencing and trees which must be removed as a part of construction. In addition, staff coordinated with the landowner regarding the reconfiguration of the existing barn and moving the access doors to another side of the barn, away from the road improvements. The total cost of the property and easement acquisition and the cost of fencing replacement, tree replacement, and barn door relocation totals a value of $85,000. Staff concurs with the property owner that $85,000 represents fair and just compensation for the impacts identified. A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT AND ASSOCIATED DOCUMENTS, IN A FORM APPROVED BY THE CITY ATTORNEY, FOR THE PURCHASE OF A PORTION OF REAL PROPERTY LOCATED AT 510 HACKBERRY DRIVE, ANNA, TEXAS 75409; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION: Mayor Pike moved to approve. Council Member Toten seconded. Motion carried 7-0. 7. Items For Individual Consideration. Mayor Pike recused himself at 6:46 PM for items a, b, c, and d. a. Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance to rezone 82.0± acres located on the south side of E. Foster Crossing Boulevard, 195± feet east of S. Powell Parkway from Planned Development (Ord. No. 743-2017) to Planned Development-LI-1 Light Industrial with modified development standards. (Director of Development Services Ross Altobelli) The subject is formerly known as the Anna Business Park. The property’s current zoning was established in 2017. The request for a new Planned Development is to modify standards established as part of the 2017 zoning and current development standards to accommodate the development of the Holt CAT dealership and Texas First Rentals rental facility. A Planned Development (PD) district is intended to provide for combining and mixing of uses allowed in various districts with appropriate regulations and to permit flexibility in the use and design of land and buildings in situations where modification of specific provisions of this article is not contrary to its intent and purpose or significantly inconsistent with the planning on which it is based and will not be harmful to the community. A PD district may be used to permit new and innovative concepts in land utilization. While great flexibility is given to provide special restrictions which will allow development not otherwise permitted, procedures are established herein to insure against misuse of the increased flexibility. Mayor Pro Tem Miller opened the public hearing at 6:54 PM. No comments. Mayor Pro Tem Miller closed the public hearing at 6:54 PM. AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY’S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND CHANGING THE ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. MOTION: Council Member Carver moved to approve. Council Member Toten seconded. Motion carried 6-0. b. Consider/Discuss/Action on a Resolution regarding Holt Subdivision, Block A, Lots 1-4, Concept Plan. (Director of Development Services Ross Altobelli) Office – showroom/warehouse with equipment service and repair / leasing and retail sales on Lots 1 & 2, drainage & detention on Lot 3, and vacant lot on 82.0± acres located on the south side of E. Foster Crossing Boulevard, 195± feet east of S. Powell Parkway. This concept plan is associated with the zoning case and is contingent upon approval of the zoning case. The purpose of the concept plan is to show the conceptual layout and related site improvements associated with the future industrial development. The concept plan complies with the Planning and Development regulations as requested by the zoning case. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A CONCEPT PLAN FOR HOLT SUBDIVISION, BLOCK A, LOTS 1-4. MOTION: Council Member Cain moved to approve. Council Member Toten seconded. Motion carried 6-0. c. Consider/Discuss/Action on a Resolution regarding Holt Subdivision, Block A, Lots 1-4, Preliminary Plat. (Director of Development Services Ross Altobelli) Office – showroom/warehouse with equipment service and repair / leasing and retail sales on Lots 1 & 2, drainage & detention on Lot 3, and vacant lot on 82.0± acres located on the south side of E. Foster Crossing Boulevard, 195± feet east of S. Powell Parkway. The purpose of the Preliminary Plat is to propose lot and block boundaries, and easements necessary for the future construction of the Office – showroom/warehouse with equipment service and repair / leasing and retail sales development. Preliminary Plat is in conformance with the adopted Planned Development standards and with the city’s Subdivision Regulations and Zoning Ordinance. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING HOLT SUBDIVISION, BLOCK A, LOTS 1-4, PRELIMINARY PLAT MOTION: Council Member Carver moved to approve. Council Member Ussery seconded. Motion carried 6-0. d. Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance for a Specific Use Permit for a communications tower on one lot on 3.6± acres located on the east side of the Dallas Area Rapid Transit right-of-way, 380± feet north of E. Outer Loop Road. Zoned: Planned Development-Anna Business Park (Ord. No. 743-2017). (Director of Development Services Ross Altobelli) The applicant requested a Specific Use Permit to allow for a communications tower on one lot on 3.6± acres located on the east side of the Dallas Area Rapid Transit right-of-way, 380± feet north of E. Outer Loop Road. Zoned: Planned Development-Anna Business Park (Ord. No. 743-2017). Mayor Pro Tem Miller opened the public hearing at 6:57 PM. No comments. Mayor Pro Tem Miller closed the public hearing at 6:57 PM. AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY’S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND APPROVING A SPECIFIC USE PERMIT ON CERTAIN PROPERTY AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. MOTION: Council Member moved to approve Toten. Council Member Ussery seconded. Motion carried 6-0. Mayor Pike returned to the meeting at 7:00 PM. e. Consider/Discuss/Action on a Resolution regarding City of Anna Water Storage Tank Addition, Block A, Lot 2, Site Plan. (Director of Development Services Ross Altobelli) Communications tower on one lot on 3.6± acres located on the east side of Dallas Area Rapid Transit right-of-way, 380± feet north of E. Outer Loop Road. Zoned: Planned Development-Anna Business Park (Ord. No. 323-2007 & Ord. No. 743-2017). A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A SITE PLAN OF THE CITY OF ANNA WATER TANK STORAGE ADDITION, BLOCK A, LOT 2. MOTION: Council Member Ussery moved to approve. Mayor Pro Tem Miller seconded. Motion carried 7-0. f. Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance regarding a Specific Use Permit for a gas metering station on one lot on 27.4± acres located on the north side of Rosamond Parkway, 830± feet west of West Crossing Boulevard. Zoned: Planned Development (Ord. No. 285-2006). (Director of Development Services Ross Altobelli) The applicant requested a Specific Use Permit (SUP) to allow for a gas metering station on one lot on 27.4± acres located on the north side of Rosamond Parkway, 830± feet west of West Crossing Boulevard. Zoned: Planned Development (Ord. No. 285- 2006). Mayor Pike opened the public hearing at 7:01 PM. No comments. Mayor Pike closed the public hearing at 7:01 PM. AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY’S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND APPROVING A SPECIFIC USE PERMIT ON CERTAIN PROPERTY AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. MOTION: Mayor Pro Tem Miller moved to approve. Council Member Toten seconded. Motion carried 7-0. g. Consider/Discuss/Action on a Resolution regarding Shadowbend Atmos Energy Tap, Site Plan. (Director of Development Services Ross Altobelli) Gas metering station on one lot on 27.4± acres located on the north side of Rosamond Parkway, 830± feet west of West Crossing Boulevard. Zoned: Planned Development (Ord. No. 285-2006). The purpose of the Site Plan is to show the proposed gas metering station improvements. The Site Plan is in conformance with the city’s Subdivision Regulations and Zoning Ordinances. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A SITE PLAN OF THE SHADOWBEND ATMOS ENERGY TAP. MOTION: Council Member Toten moved to approve. Council Member Cain seconded. Motion carried 7-0. h.Discuss/Consider/Act on a Resolution of the City Council of the City of Anna, Texas, finding that a public necessity exists for acquisition of a permanent right of way and temporary construction easement on and across real property located at 404 Hackberry Drive for the construction of Hackberry Drive, in a form approved by the City Attorney. (Director of Public Works Greg Peters, P.E.) The City of Anna is seeking to construct roadway improvements to Hackberry Drive as a capital improvement project for the City. The City has been acquiring the necessary right-of-way for the project, and this is the last remaining parcel required for the project. The City has utilized an acquisition consultant to handle the coordination with the adjacent landowners, and has followed the requirements for property acquisition in accordance with State Law. The landowner has been provided with the Texas Landowner's Bill of Rights and all documents and information in accordance with State Law. Staff is prepared to proceed with the next step in the acquisition process if approved by the City Council. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, FINDING THAT A PUBLIC NECESSITY EXISTS FOR ACQUISITION OF A PERMANENT RIGHT OF WAY ON AND UNDER 0.272 ACRES OF REAL PROPERTY AND A TEMPORARY CONSTRUCTION EASEMENT PROVIDING LIMITED RIGHTS ON AND UNDER 0.017 ACRES OF REAL PROPERTY, MORE OR LESS; AUTHORIZING THE CITY MANAGER, STAFF, CONTRACTORS, AND THE CITY’S ATTORNEYS TO ACQUIRE SAID EASEMENTS BY ANY LAWFUL MEANS, INCLUDING BUT NOT LIMITED TO NEGOTIATIONS, AND, IF NECESSARY, PROCEEDINGS IN EMINENT DOMAIN; PROVIDING AN EFFECTIVE DATE. MOTION: Mayor Pike, moved that the City Council of the City of Anna, Texas authorize the use of the power of eminent domain to acquire permanent right of way and a temporary construction easement on a 2.916 acre tract of land in the Henry Brantley Survey Abstract No 071, City of Anna, Collin County, Texas. Property ID 2520275, located at 404 Hackberry Drive, with the permanent right of way being a 0.272 acre portion of said tract with the remainder of said tract being the temporary construction easement. Council Member Toten Seconded. Motion carried 7-0. i. Discuss/Consider/Act on a Resolution authorizing the City Manager to execute an agreement for the purchase of real property for the Hurricane Creek Regional Wastewater Treatment Plant in a form approved by the City Attorney. (Director of Public Works Greg Peters, P.E.) The City of Anna has a capital improvement project to construct a regional wastewater treatment facility in the southwest portion of the City's extraterritorial jurisdiction. This proposed facility will provide wastewater treatment to all of Anna west of US 75, and portions of the City of Weston and the City of Van Alstyne, and their respective jurisdictional areas. The City expects to receive approval from TCEQ for the discharge permit in the next 30-45 days, and has reached a final agreement in principle with the landowner for the purchase of the required land. The City obtained an appraisal for the property which was used in the negotiations with the landowner. The staff feels that a reasonable agreement has been made and recommended approval of the documents required for the purchase. The contract is in draft form and will be finalized with input from the City Attorney prior to execution. The purchase price is $2,600,000, and the funding source is Wastewater Impact Fees. A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT AND ASSOCIATED DOCUMENTS, IN A FORM APPROVED BY THE CITY ATTORNEY, FOR THE PURCHASE OF A 28.096 ACRE TRACT OF LAND OUT OF AN EXISTING 56 ACRE TRACT OF LAND LOCATED NORTH OF COUNTY ROAD 286 IN ANNA, TEXAS 75409; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION: Council Member Toten moved to approve subject to Attorney approval. Council Member Ussery seconded. Motion carried 7-0. j. Consider/Discuss/Action on a Resolution approving the First Amendment to the Development Agreement and the Woods at Lindsey Place Subdivision Improvement Agreement with D.R. Horton-Texas, Ltd. (Director of Economic Development Joey Grisham) As previously discussed with the City Council, DR Horton approached the City about the creation of a Public Improvement District (PID) for The Woods at Lindsey Place Development located off Rosamond Pkwy. Some of the benefits of doing a PID include the developer expediting the construction of their portion of Buddy Hayes Blvd. and adding several park features and amenities as attached. The City will also receive PID fees estimated at over $3.2 million. The updated agreement has been thoroughly reviewed by the City's legal counsel, PID consultant, staff, bond counsel, and financial advisors. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A FIRST AMENDMENT TO DEVELOPMENT AGREEMENT AND TO THE WOODS AT LINDSEY PLACE SUBDIVISION IMPROVEMENT AGREEMENT MOTION: Mayor Pro Tem Miller moved to approve. Council Member Toten seconded. Motion carried 7-0. k. Consider/Discuss/Action on a Resolution setting a Public Hearing under Section 372.009 of the Texas Local Government Code on the advisability of the creation of a Public Improvement District and improvements within the City of Anna, Texas, for the Woods at Lindsey Place Development and authorizing the issuance of notice by the City Secretary of Anna, Texas, regarding the public hearing. (Director of Economic Development Joey Grisham) As previously discussed with the City Council, DR Horton has submitted its Public Improvement District (PID) petition for The Woods at Lindsey Place Development located off Rosamond Pkwy. Chapter 372 of the Texas Local Government Code requires a public hearing to create a PID that will take place on February 14, 2023 should the Resolution be approved. A RESOLUTION SETTING A PUBLIC HEARING UNDER SECTION 372.009 OF THE TEXAS LOCAL GOVERNMENT CODE ON THE ADVISABILITY OF THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT AND IMPROVEMENTS WITHIN THE CITY OF ANNA, TEXAS, FOR THE WOODS AT LINDSEY PLACE DEVELOPMENT AND AUTHORIZING THE ISSUANCE OF NOTICE BY THE CITY SECRETARY OF ANNA, TEXAS, REGARDING THE PUBLIC HEARING MOTION: Mayor Pike moved to approve. Mayor Pro Tem Miller seconded. Motion carried 7-0. l. Consider/Discuss/Action on a Resolution awarding a grant administrator to complete an application and project implementation for the City of Anna’s 2023 Downtown Revitalization Program administered through the Texas Department of Agriculture. (Economic Development Coordinator Kimberly Garduno) The Revitalization of Downtown Anna is considered a top priority as outlined by City Council. City staff received notification of two (2) grants that provide infrastructure funding from the Texas Department of Agriculture (TDA). After a preliminary review, the City of Anna has potential to rank high in the selection process and therefore has a solid chance to receive funding for the Downtown Revitalization Program grant. • Due Date: May 3, 2023 • Award Amount: $250,000 - $500,000 • Requirements to gain maximum application score: o Obligate at least 50% of funds to sidewalks and ADA compliance o Commit 15% cash match to project ($75,000 on a $500,000 grant) o Hold a public hearing about application at least 90 days before application due date (also must do this for the 2023-24 CDBG Fund and the MOD so it would be ideal to hold them all at once to cut newspaper advertisement costs) • Pass Blight Resolution: The City must adopt resolution declaring project area as blighted • Eligible Activities: o Sidewalks and lighting o Activities required to eliminate architectural barriers for the disabled o Water and/or sewer lines o Road construction/rehabilitation to include curb and gutter and related drainage o Natural gas lines and related items o Electric power lines and transformers o Utilities including natural gas and electric o High-speed internet infrastructure with prior approval from TDA o Demolition and clearance activity of non-residential structures Federal Grants require an extensive amount of paperwork throughout the process. To meet all the documentation requirements on federal grants, cities find it beneficial to hire firms that have experience and knowledge to assist City staff secure funding. Therefore, staff is recommending City Council approve a proposal to seek grant administration assistance for the Downtown Revitalization Program grant process. Request for Proposal process • Requests for Proposals sent out December 22, 2022, with a deadline of January 6, 2023. • Newspaper Ad was not required. • Public Hearing was December 19, 2022. • We received two (2) proposals: o Grant Works o Public Management, Inc. • The Evaluation Committee selected Public Management, Inc. A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING PROFESSIONAL SERVICE PROVIDER SELECTION FOR A 2023 DOWNTOWN REVITALIZATION GRANT PROGRAM THROUGH THE TEXAS DEPARTMENT OF AGRICULTURE MOTION: Mayor Pro Tem Miller moved to approve. Council Member Carver seconded. Motion carried 7-0. m. Consider/Discuss/Action on a Resolution awarding a grant administrator to complete an application and project implementation for the City of Anna’s 2023/2024 Texas Community Development Block Grant Community Development Fund administered through the Texas Department of Agriculture. (Economic Development Coordinator Kimberly Garduno) The Revitalization of Downtown Anna is considered a top priority as outlined by City Council. City staff received notification of two (2) grants that provide infrastructure funding from the Texas Department of Agriculture (TDA). After a preliminary review, the City of Anna has potential to rank high in the selection process and therefore has a solid chance to receive funding for TDA’s 2023/2024 Texas Community Development Block Grant (TxCDBG) Community Development Fund (CD). • Due Date: April 3, 2023 • Award Amount: $250,000 - $500,000 • Requirements to gain maximum application score: o Match is 2%-15%, dependent upon population o Anna Population based 2020 census – 16,896 = 15% match = $75,000 • Eligible Activities: water/wastewater infrastructure, street and drainage improvements. • Project must benefit 51% low to moderate-income (LMI) persons o Per HUD, Anna City Low-to-Moderate Income (LMI) is 35.7%, therefore an Income survey will be required in the project area to determine if the beneficiaries are 51% LMI. o Audit is no longer required. A Financial Capacity Risk assessment will be conducted by TDA prior to award. • Next steps: 1. Procure professional services for engineering 2. Determine and designate a qualifying area 3. Perform Income Surveys (for CDBG application) 4. Design a qualifying project. 5. Perform Fair Housing Activities 6. Adopt Signatory Resolution at future Council Meeting 7. Adopt Application Resolution at future Council Meeting (authorizing what grant for how much, etc) 8. Post/publish final notice 9. Submit the application(s) Federal Grants require an extensive amount of paperwork throughout the process. To meet all the documentation requirements on federal grants, cities find it beneficial to hire firms that have experience and knowledge to assist City staff with securing funding. Therefore, staff is recommending City Council approve a proposal to seek grant administration assistance for the Downtown Revitalization Grant Program process. Request for Proposal process • Requests for Proposals sent out December 22, 2022, with a deadline of January 6, 2023. • Newspaper Ad was not required. • Public Hearing was held December 19, 2022. • We received two (2) proposals: o Grant Works o Public Management, Inc. • Evaluation Committee selected Public Management, Inc. A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING PROFESSIONAL SERVICE PROVIDER SELECTION FOR A 2023/2024 TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM—COMMUNITY DEVELOPMENT FUND GRANT THROUGH THE TEXAS DEPARTMENT OF AGRICULTURE MOTION: Council Member Carver moved to approve. Council Member Ussery seconded. Motion carried 7-0. n. Consider/Discuss/Action on a Resolution adopting City of Anna Success Statements. (Assistant City Manager Taylor Lough) On December 9 and 10, 2022 members of the City Council met in a workshop setting to draft seven Strategic Outcome Areas that help define Anna's future identity. The following Success Statements are proposed for City Council consideration: • Neighborly o Anna’s community of neighbors has a sense of hometown pride and is: Caring and giving Engaged in the community Active in civic life • Unique o Anna is a designed to be unique as it transforms from a bedroom community to a thriving city, with: Deliberate planning for the future A vision for innovative development and positive growth A variety of housing, jobs, and educational opportunities • Vibrant o Anna has a quality workforce that contributes to a prosperous economy that includes: Diverse businesses with outstanding employment opportunities Easy access to a variety of events and entertainment venues A one-of-a-kind downtown • Safe o Anna is a community where neighbors feel safe due to the City’s commitment to: Staffing public safety operations to meet the needs of a growing community Preparing for emergencies and ensuring excellent response times • Resilient o Anna’s mobility and utility infrastructure consistently meets community needs by: Focusing on resiliency and the City’s ability to recover from upsets Having a robust multi-modal transportation network Dependably delivering utility services to the City’s neighbors and businesses • Active o The City of Anna promotes an active community through: A variety of social opportunities for neighbors and visitors Diverse recreational venues Well-maintained trails and natural areas Opportunities for lifelong learning • Excellent o Anna is a high-performing City that implements best practices and pursues accreditation, demonstrating its commitment to: Ethical and collaborative decision-making Continuous improvement and achieving measurable outcomes Ensuring a positive work environment for Council, staff, and neighbors A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS ADOPTING SUCCESS STATEMENTS MOTION: Council Member Toten moved to approve. Mayor Pro Tem Miller seconded. Motion carried 7-0. o. Consider/Discuss/Action to fill Board of Adjustment vacancies. (City Secretary Carrie Land) Places 2 and 1A are currently vacant. The terms are partial terms, expiring May 2023. MOTION: Council Member Toten moved to postpone appointment to Place 1A until May 2023. Mayor Pro Tem Miller seconded. Motion carried 7-0. p. Consider/Discuss/Action on appointments to Boards and Commissions Interview Committee. (City Secretary Carrie Land) Three Council Members are to be appointed to the 2023 Interview Committee. The Interview Committee will review boards and commissions applications, as they are received, and conduct applicant interviews on Saturday, April 15 and Sunday, April 16. After interviews are complete, the Committee will make nominations to the boards and commissions for City Council's consideration. Throughout the year, the Committee may be asked to make nominations for vacancies that become available. Appointments are to be made on Thursday, May 18 at a Special City Council meeting. Boards and Commissions training/orientation will be held by staff on Saturday June 3. MOTION: Council Member Carver moved to appoint Council Member Toten, Council Member Cain, and Mayor Pro Tem Miller to be on the committee. Council Member Toten seconded. Motion carried 7-0. 8. Closed Session (Exceptions). Under Tex. Gov't Code Chapter 551, the City Council may enter into Closed Session to discuss any items listed or referenced on this Agenda under the following exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov’t Code §551.071). Public facilities and infrastructure b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov’t Code §551.072). c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov’t Code §551.087). d. Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074). Boards and Commissions MOTION: Mayor Pike moved to enter closed session. Mayor Pro Tem Miller seconded. Motion carried 7-0. Mayor Pike recessed the meeting at 7:24 PM. Mayor Pike reconvened the meeting at 7:51 PM. Returned to item 7.h. 9. Consider/Discuss/Action on any items listed on any agenda - work session, regular meeting, or closed session - that is duly posted by the City of Anna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. 10. Adjourn. Mayor Pike adjourned the meeting at 7:52 PM. Approved the 14th day of February, 2023. _________________________________ Mayor Nate Pike Attested: _________________________________ City Secretary Carrie L. Land Item No. 6.b. City Council Agenda Staff Report Meeting Date: 2/14/2023 Staff Contact: Carrie Land AGENDA ITEM: Approve an Ordinance Ordering a General Election to be held on May 6, 2023 for the Purpose of Electing Two (2) Council Members; Designating Polling Places; Ordering Notices of Election to be Given; Adopting a Voting System, and Authorizing Execution of Joint Election Contracts. (City Secretary Carrie Land) SUMMARY: This Ordinance orders a General Election to be held on May 6, 2023, from 7am - 7pm, for the purpose of electing two (2) Council Members; designating polling places; ordering notices of election to be given; adopting a voting system, and authorizing execution of Joint Election Contracts. The contract costs are divided among 32 entities, including Anna ISD and Collin College. The Anna Municipal Complex is a Collin County Vote Center. Eligible Collin County registered voters may vote at any early voting location. Early voting is as follows: Early Voting Collin County Vote Centers and Election Day Voting Centers are subject to change. FINANCIAL IMPACT: Funding for this service was appropriated in the FY2023 City Secretary Election budget in the amount of $10,123.98. BACKGROUND: The statutory deadline to approve this Ordinance is February 17, 2023. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Neighborly. ATTACHMENTS: 1. Ord Election Order 2023 2. Election Contract-Agreement ORDINANCE NO. _____________________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, ORDERING A GENERAL ELECTION TO BE HELD ON MAY 6, 2023 FOR THE PURPOSE OF ELECTING TWO (2) CITY COUNCIL MEMBERS; DESIGNATING POLLING PLACES; ORDERING NOTICES OF ELECTION TO BE GIVEN; ADOPTING A VOTING SYSTEM; AUTHORIZING EXECUTION OF JOINT ELECTION CONTRACTS; PROVIDING SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in accordance with the general laws and Constitution of the State of Texas and the Charter of the City of Anna, Texas, a Municipal Officers’ election is to be held on the first Saturday in May; and WHEREAS, it is necessary that the City Council of the City of Anna order an election to be held on the 6th day of May 2023, 7:00 a.m. to 7:00 p.m., for the purpose of electing two (2) City Council Members for Places 3 and 5 on the governing body of the City of Anna, Texas; and WHEREAS, the election shall be held as a joint election administered by the Collin County Elections Administrator in accordance with the provisions of the Texas Election Code, the Charter of the City of Anna, and an Election Services Contract between the Collin County Elections Administrator, the City of Anna, and various other political subdivisions in Collin County; and WHEREAS, the Collin County Commissioner's Court has formally adopted the ExpressVote Universal Voting System, EVS 6.0.2.0 consisting of Electionware election management software, ExpressVote ballot marking device, ExpressTouch curbside voting device, DS200 precinct tabulator/scanner, DS450 high speed central scanner, and DS850 high speed central scanner; and WHEREAS, the ExpressVote Universal Voting System, EVS 6.0.2.0 consisting of Electionware election management software, ExpressVote ballot marking device, Express Touch curbside voting device, DS200 precinct tabulator/scanner, DS4S0 high speed central scanner, and DS850 high speed central scanner have been certified by both the Texas Secretary of State and the United States Election Assistance Commission; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: SECTION 1. ELECTION ORDER An election is hereby ordered to be held by the City of Anna, Texas, on Saturday, May 6, 2023, for the purpose of electing two (2) City Council members for Places 3 and 5 on the governing body of the City of Anna, Texas. Polling locations for the election will be _____________________________________________________________________________________________ CITY OF ANNA, TEXAS ORDINANCE NO. ________________ PAGE 2 OF 4 determined in the Joint General and Special Election Services Contract (“Election Services Contract”) to be entered into with the Collin County Elections Administrator. The polling locations shall be open between the hours of 7:00 a.m. and 7:00 p.m. the date of the election. The election will be conducted in accordance with the Election Services Contract, by and between the City, and various other political subdivisions in Collin County, Texas. SECTION 2. ELECTION NOTICE That the City Secretary is hereby directed to cause notice of said election to be published at least once, not earlier than the 30th day or later than the 10th day, before election day as provided in Section 4.003(a)(1) of the Texas Election Code; and shall be posted on the bulletin board used for posting notices of the City Council meetings not later than the 21st day before election day. A copy of the published notice that contains the name of the newspaper and the date of publication shall be retained as a record of such notice, and the person posting the notice shall make a record at the time of posting stating the date and place of posting in accordance with Texas Election Code Section 4.005. SECTION 3. EARLY VOTING That early voting by personal appearance by any qualified Collin County resident shall be conducted at the Anna City Hall Lobby. 120 W. 7th Street, Anna, Texas 75409, or at any of the other Collin County Vote Center locations established by the Election Services Contract. Early voting by personal appearance for the May 6, 2023, election will be conducted by the Collin County Elections Administration. The dates and times for early voting by personal appearance are as follows: Monday April 24, 2023 8:00 a.m. to 5:00 p.m. Tuesday April 25, 2023 8:00 a.m. to 5:00 p.m. Wednesday April 26, 2023 8:00 a.m. to 5:00 p.m. Thursday April 27, 2023 8:00 a.m. to 7:00 p.m. Friday April 28, 2023 8:00 a.m. to 5:00 p.m. Saturday April 29, 2023 8:00 a.m. to 5:00 p.m. Monday May 1, 2023 7:00 a.m. to 7:00 p.m. Tuesday May 2, 2023 7:00 a.m. to 7:00 p.m. SECTION 4. ELECTION DAY POLLING PLACE On May 6, 2023, Election Day, the polls shall be open from 7:00 a.m. to 7:00 p.m. and conducted at the Anna City Hall Lobby, 120 W. 7th Street, Anna, Texas 75409 or at any of the other Collin County Vote Center locations established by the Election Services Contract. _____________________________________________________________________________________________ CITY OF ANNA, TEXAS ORDINANCE NO. ________________ PAGE 3 OF 4 SECTION 5. EARLY VOTING BY MAIL That applications for early voting ballot by mail shall be mailed to: Bruce Sherbet Elections Administrator, 2010 Redbud Blvd., Ste. 102, McKinney, Texas 75069. Applications for early voting ballot by mail must be received no later than the close of business on Tuesday, April 25, 2023. SECTION 6. RUNOFF ELECTION That if a run-off election becomes necessary, the Collin County Elections Administrator will conduct the run-off election to be held on Saturday, June 10, 2023. SECTION 7. ELECTRONIC VOTING EQUIPMENT That in accordance with Section 123.001 of the Texas Election Code, the ExpressVote Universal Voting System, EVS 6.0.2.0 consisting of Electionware election management software, ExpressVote ballot marking device, Express Touch curbside voting device, DS200 precinct tabulator/scanner, DS4S0 high speed central scanner, and DS850 high speed central scanner approved by the Secretary of State are hereby adopted for the election on May 6, 2023. SECTION 8. ADMINISTRATION AND PROCEDURES OF THE ELECTION The City Manager is hereby authorized and directed to enter into joint election agreements for said election with Collin County Elections Administration and other political subdivisions and to execute such election agreements for said election. SECTION 9. ELECTION OFFICIALS That pursuant to the Election Services Contract, the Collin County Elections Administrator shall serve as Early Voting Clerk for the election. Presiding Election Judges and Alternate Presiding Election Judges appointed to serve at said polling places shall be those election officials furnished by Collin County Elections Administrator. SECTION 10. EARLY VOTING BALLOT BOARD That an Early Voting Ballot Board shall be created to process early voting results in accordance with Section 87.007 of the Texas Election Code. The Early Voting Ballot Board shall be made up of members appointed in the manner stated in the Election Services Contract and the Presiding Judge and Alternate Presiding Judge of the Early Voting Ballot Board shall be the election officials listed in the Election Services Contract. SECTION 11. SAVINGS, SEVERABILITY AND REPEALING CLAUSES _____________________________________________________________________________________________ CITY OF ANNA, TEXAS ORDINANCE NO. ________________ PAGE 4 OF 4 That should any word, sentence, paragraph, subdivision, clause, phrase or section of this resolution be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said resolution, which shall remain in full force and effect. SECTION 12. EFFECTIVE DATE That this ordinance shall become effective immediately from and after its passage. APPROVED AND ADOPTED by the City Council of the City of Anna, Texas on this the ______ day of ______________ 2023. ATTESTED: _________________________ City Secretary Carrie L. Land APPROVED: _________________________ Mayor Nate Pike 1 JOINT ELECTION SERVICES CONTRACT (“Election Services Contract”) ELECTION SERVICES AGREEMENT BETWEEN THE COLLIN COUNTY ELECTIONS ADMINISTRATOR (“Contracting Election Officer”) AND THE POLITICAL SUBDIVISIONS LISTED BELOW (“Participating Political Subdivisions”) CITY OF ALLEN CITY OF ANNA CITY OF BLUE RIDGE CITY OF CARROLLTON CITY OF CELINA CITY OF DALLAS TOWN OF FAIRVIEW CITY OF FARMERSVILLE CITY OF FRISCO CITY OF LUCAS CITY OF McKINNEY CITY OF MURPHY TOWN OF NEW HOPE CITY OF PARKER CITY OF PLANO TOWN OF PROSPER CITY OF RICHARDSON CITY OF SACHSE TOWN OF ST. PAUL CITY OF WYLIE COLLIN COLLEGE ALLEN INDEPENDENT SCHOOL DISTRICT ANNA INDEPENDENT SCHOOL DISTRICT CELINA INDEPENDENT SCHOOL DISTRICT COMMUNITY INDEPENDENT SCHOOL DISTRICT FARMERSVILLE INDEPENDENT SCHOOL DISTRICT FRISCO INDEPENDENT SCHOOL DISTRICT LOVEJOY INDEPENDENT SCHOOL DISTRICT McKINNEY INDEPENDENT SCHOOL DISTRICT MELISSA INDEPENDENT SCHOOL DISTRICT PLANO INDEPENDENT SCHOOL DISTRICT PRINCETON INDEPENDENT SCHOOL DISTRICT PROSPER INDEPENDENT SCHOOL DISTRICT NORTH PARKWAY MUNICIPAL MANAGEMENT DISTRICT NO. 1 BEAR CREEK SPECIAL UTILITY DISTRICT 2 COPEVILLE SPECIAL UTILITY DISTRICT SEIS LAGOS SPECIAL UTILITY DISTRICT WESTMINISTER SPECIAL UTILITY DISTRICT FOR THE CONDUCT OF A JOINT ELECTION TO BE HELD ON SATURDAY, MAY 6, 2023 TO BE ADMINISTERED BY THE COLLIN COUNTY ELECTIONS ADMINISTRATOR 3 1. ADMINISTRATION AND STATUTORY AUTHORITY a. Bruce Sherbet (“Bruce Sherbet”) is the duly appointed County Elections Administrator (“Elections Administrator”) of Collin County, Texas and the Department Head of the Collin County Elections Department. As such, Mr. Sherbet is the Election Administrator of Collin County, Texas and authorized by Subchapter D of Chapter 31 of Title 3 of the Texas Election Code to enter into this Election Services Contract with the contracting authority of the Participating Political Subdivisions. b. The contracting authorities of the Participating Political Subdivisions listed on the cover pages of this Election Services Contract is hereby participating in the Joint Election to be held in Collin County, Texas on Saturday, May 6, 2023, and is hereby contracting with the Elections Administrator of Collin County, Texas to perform the election services set forth in this Election Services Contract under Subchapter D of Chapter 31 of Title 3 of the Texas Election Code. 2. DUTIES AND SERVICES OF THE CONTRACTING ELECTION OFFICER a. The Contracting Election Officer shall be responsible for performing the following duties and shall furnish the following services and equipment: i. The Contracting Election Officer will prepare and publish the required Notice of Election and post the required orders and resolutions to the Collin County Elections Department website. ii. The Contracting Election Officer shall arrange for appointment, notification (including writ of election), training and compensation of all presiding judges, alternate judges, the judge of the Central Count Station and judge of the Early Voting Ballot Board. iii. The Contracting Election Officer shall be responsible for notification of each Election Day and Early Voting presiding judge and alternate judge of his or her appointment. The presiding election judge of each Vote Center will use his/her discretion to determine when additional workers are needed, during peak voting hours. iv. The Contracting Election Officer will determine the number of clerks to work in the Central Count Station and the number of clerks to work on the Ballot Board. 1. Election judges shall attend the Contracting Election Officer’s school of instruction (Election Law Class). A training event calendar will be provided. 2. Election judges and alternate judges shall be responsible for picking up and returning election supplies to the county election warehouse located at 2010 Redbud Blvd., Suite 102, McKinney. Compensation for this pickup and delivery of supplies will be $25.00. v. The Contracting Election Officer shall compensate each election judge and worker. Each judge shall receive $15.00 per hour, each alternate judge shall receive $14.00 per hour for, and each clerk shall receive $13.00 per hour for services rendered. Overtime will be paid to each person working over 40 hours per week. b. The Contracting Election Officer shall procure, prepare, and distribute voting machines, election kits and election supplies. i. The Contracting Election Officer shall secure election kits, which include the legal documentation required to hold an election and all supplies. ii. The Contracting Election Officer shall secure the tables, chairs, and legal documentation required to run the Central Count Station. iii. The Contracting Election Officer shall provide all lists of registered voters required for use on Election Day and for the Early Voting period required by law. 4 iv. The Contracting Election Officer shall procure and arrange for the distribution of all election equipment and supplies required to hold an election. 1. Equipment includes the rental of ES&S ExpressVote Universal voting machines (EVS 6.1.1.0), ES&S ExpressTouch curbside voting machines (EVS 6.1.1.0), ES&S DS200 ballot counters (EVS 6.1.1.0), ES&S Model DS450 and DS850 High-Speed Scanners/Tabulators (EVS 6.1.1.0), ADA compliant headphones and keypads, voting signs and election supply cabinets. 2. Supplies include paper ballot cards, Early Voting and Election Day supply kits, provisional ballot kits, security seals, pens, tape, markers, etc. c. The Contracting Election Officer, Bruce Sherbet, shall be appointed the Early Voting Clerk. i. The Contracting Election Officer shall supervise and conduct Early Voting by mail and in person and shall secure personnel to serve as Early Voting Deputies. ii. The Contracting Election Officer shall select the Early Voting Polling Locations and arrange for the use of each. iii. Early Voting by personal appearance for the Participating Political Subdivisions shall be conducted during the early voting dates and times and at the locations listed in Exhibit “A” attached and incorporated by reference into this Election Services Contract. iv. All applications for an Early Voting mail ballot shall be received and processed by the Collin County Elections Administration Office located at 2010 Redbud Blvd., Suite 102, McKinney, Texas 75069. 1. Applications for mail ballots erroneously mailed to the Participating Political Subdivisions shall immediately be faxed to the Contracting Officer for timely processing. The original application shall then be forwarded to the Contracting Election Officer for proper retention. 2. All Federal Post Card Applications (FPCA) will be sent a mail ballot. No postage is required. v. All Early Voting ballots (those cast by mail and those cast by personal appearance) shall be prepared for counting by the Early Voting Ballot Board in accordance with Section 87.000 of the Texas Election Code. The Contracting Officer shall appoint the presiding judge of this Board. d. The Contracting Election Officer shall select the Election Day Vote Centers and arrange for the use of each. i. The Participating Political Subdivisions shall assume the responsibility of remitting their portion of cost of all employee services required to provide access, provide security or provide custodial services for the Vote Centers. ii. The Election Day Vote Centers are listed in Exhibit “B”, attached and incorporated by reference into this Election Services Contract. e. The Contracting Election Officer shall be responsible for establishing and operating the Central Count Station to receive and tabulate the voted ballots in accordance with Section 127.001 of the Election Code and of this agreement. The Central Count Station Manager shall be Bruce Sherbet. The Central Count Station Judge shall be Kathi-Ann Rivard. The Tabulation Supervisor shall be Brian Greisbach. i. The Tabulation Supervisor shall prepare, test and run the County’s tabulation system in accordance with statutory requirements and county policies, under the auspices of the Contracting Election Officer. ii. The Public Logic and Accuracy Test of the electronic voting system shall be conducted in accordance with Election Law. The Contracting Election Officer will post the required Notice of Logic and Accuracy testing. 5 iii. Election night reports will be available to the Participating Political Subdivisions at the Central Counting Station on election night. Provisional ballots will be tabulated after election night in accordance with state law. iv. The Contracting Election Officer shall prepare the unofficial canvass report after all precincts have been counted, and will provide canvassing documents to the Participating Political Subdivisions as soon as possible after all returns have been tallied. v. The Contracting Election Officer shall be appointed as the custodian of the voted ballots and shall retain all election materials for a period of 22 months. 1. Pending no litigation and as prescribed by law, the voted ballots shall be shredded 22 months after the election. f. The Contracting Election Officer shall conduct a partial manual count as prescribed by Section 127.201 of the Texas Election Code and submit a written report to the Participating Political Subdivisions in a timely manner. If applicable, a written report shall be submitted to the Secretary of State as required by Section 127.201 of the aforementioned code. 3. DUTIES AND SERVICES OF THE PARTICIPATING POLITICAL SUBDIVISIONS a. The Participating Political Subdivisions shall assume the following duties: i. The Participating Political Subdivisions will prepare, adopt, and publish all legally required election orders, resolutions, and other documents required by, or of, their governing bodies. The Participating Political Subdivisions are required to send Collin County Elections Department a copy of any election order or resolution related to this Joint Election within three business days of publishing, adopting or ordering it. ii. The Participating Political Subdivisions shall provide the Contracting Election Officer with an updated map and street index of their jurisdiction in an electronic (shape file preferred) or printed format as soon as possible but no later than Monday, February 27, 2023. iii. The Participating Political Subdivisions shall procure and provide the Contracting Election Officer with the ballot layout and Spanish interpretation in an electronic format. 1. The Participating Political Subdivisions shall deliver to the Contracting Election Officer as soon as possible, but no later than 5:00 p.m. Monday, February 27, 2023, the official wording for the Participating Political Subdivisions’ May 6, 2023 Joint Election. 2. The Participating Political Subdivisions shall approve the ballot proofs format within 24 hours of receiving the ballot proof and prior to the final printing. a. If the Participating Political Subdivisions fail to approve the ballot proofs within 24 hours of receiving the proofs, the Contracting Election Officer will presume that the ballot proofs have been approved by the Participating Political Subdivisions. Any costs incurred by making any changes to the ballot (designing, printing, programming, etc.) from this point forward will be the responsibility of the Participating Political Subdivisions. iv. The Participating Political Subdivisions shall compensate the Contracting Election Officer for all associated costs including any additional verified cost incurred in the process of running this election or for a manual count, this election may require, consistent with charges and hourly rates shown on Exhibit “C” for required services. b. The Participating Political Subdivisions shall pay the Contracting Election Officer 90% of the estimated cost to run the said election prior to Friday, March 31, 2023. The Contracting Election Officer shall place the funds in a “contract fund” as prescribed by Section 31.100 of the Texas Election Code. The deposit should be made payable to the “Collin County Treasury” with a note “for election services” included with the check documentation and delivered to the Collin County Treasury, 2300 Bloomdale Rd., #3138, McKinney, Texas 75071. 6 c. The Participating Political Subdivisions shall pay the cost of conducting said election, less partial payment, including the 10% administrative fee, pursuant to the Texas Election Code, Section 31.100, within 30 days from the date of final billing. Additionally, all payments in excess of the final cost to perform the election will be refunded to the participating Political Subdivisions. 4. COST OF SERVICES. a. See Exhibit “C”. 5. GENERAL PROVISIONS a. Nothing contained in this Election Services Contract shall authorize or permit a change in the officer with whom or the place at which any document or record relating to the Participating Political Subdivisions’ May 6, 2023 Joint Election are to be filed, or the place at which any function is to be carried out, or any nontransferable functions specified under Section 31.096 of the Texas Election Code. b. Upon request, the Contracting Election Officer will provide copies of all invoices and other charges received in the process of running said election for the Participating Political Subdivisions. c. If the Participating Political Subdivisions cancel their elections pursuant to Section 2.053 of the Texas Election Code shall pay the Contracting Officer a contract preparation fee of $75.00 and will not be liable for any further costs incurred by the Contracting Officer. d. The Contracting Officer shall file copies of this contract with the County Judge and the County Auditor of Collin County, Texas. WITNESS BY MY HAND THIS ____DAY OF __________________2023. ________________________________ Bruce Sherbet, Elections Administrator Collin County, Texas WITNESS BY MY HAND THIS ____ DAY OF __________________ 2023 By: _____________________________ Attest: _______________________________ Ryan Henderson, Interim City Manager Carrie L. Land, City Secretary City of Anna City of Anna Revised February 6, 2023 1 | Page Exhibit A (Anexo A) Collin County (Condado de Collin) May 6, 2023 Joint General and Special Election - Early Voting Locations, Dates and Hours (6 de mayo de 2023 Elección general y especial conjunta - Lugares de Votación Temprana, Fechas y Horas) Important Note: Eligible Collin County registered voters (with an effective date of registration on or before May 6, 2023) may vote at any early voting location. (Nota importante: Los votantes registrados elegibles del Condado de Collin (con una fecha efectiva de registro en o antes del 6 de mayo de 2023 pueden votar en cualquier lugar de votación anticipada.) Sunday (Domingo) Monday (Lunes) Tuesday (Martes) Wednesday (Miércoles) Thursday (Jueves) Friday (Viernes) Saturday (Sábado) April 23 No Voting (23 de abril) (Sin votar) April 24 Early Voting (24 de abril) (Votación adelantada) 8am - 5pm April 25 Early Voting (25 de abril) (Votación adelantada) 8am - 5pm April 26 Early Voting (26 de abril) (Votación adelantada) 8am - 5pm April 27 Early Voting (27 de abril) (Votación adelantada) 8am - 5pm April 28 Early Voting (28 de abril) (Votación adelantada) 8am - 5pm April 29 Early Voting (29 de abril) (Votación adelantada) 8am - 5pm April 30 No Voting (30 de abril) (Sin votar) May 1 Early Voting (1 de mayo) (Votación adelantada) 7am - 7pm May 2 Early Voting (2 de mayo) (Votación adelantada) 7am - 7pm May 3 No Voting (3 de mayo) (Sin votar) May 4 No Voting (4 de mayo) (Sin votar) May 5 No Voting (5 de mayo) (Sin votar) May 6 Election Day (6 de mayo) (Día de elección) 7am - 7pm Polling Location (Lugar de Votación) Room Name (Nombre de la habitación) Address (Dirección) City (Ciudad) Zip Code (Código postal) Collin County Elections (Main Early Voting Location) Voting Room 2010 Redbud Blvd., Suite 102 McKinney 75069 Allen ISD Service Center Main Lobby 1451 N. Watters Rd. Allen 75002 Allen Municipal Courts Facility Community Room 301 Century Pkwy. Allen 75013 Anna Municipal Complex Lobby 120 W. 7th St. Anna 75409 Blue Ridge ISD Administration Building Board of Trustees Board Room 318 School St. Blue Ridge 75424 Carpenter Park Recreation Center South Lobby 6701 Coit Rd. Plano 75024 Children’s Health StarCenter Activity Room 6993 Stars Ave. McKinney 75070 Christopher A. Parr Library Programs Room 6200 Windhaven Pkwy. Plano 75093 Collin College Celina Campus Atrium 2505 Kinship Pkwy. Celina 75009 Collin College Farmersville Campus Atrium 501 S. Collin Pkwy. Farmersville 75442 Collin College Frisco Campus Building J, Room 113 9700 Wade Blvd. Frisco 75035 Revised February 6, 2023 2 | Page Collin College Higher Education Center Atrium 3452 Spur 399 McKinney 75069 Collin College McKinney Campus Atrium, Hallway D 2200 University Dr. McKinney 75071 Collin College Plano Campus Atrium D Square 2800 Spring Creek Pkwy. Plano 75074 Collin College Wylie Campus Lobby 391 Country Club Rd. Wylie 75098 Copeville Special Utility District Conference Room 16120 FM 1778 Nevada 75173 Dowell Middle School Library (D100) 301 S. Ridge Rd. McKinney 75072 Evans Middle School Library (A114) 6998 W. Eldorado Pkwy. McKinney 75072 Farmersville City Hall Council Chambers 205 S. Main St. Farmersville 75442 Frisco Fire Station #5 Training Room 14300 Eldorado Pkwy. Frisco 75035 Frisco Fire Station #8 Training Room 14700 Rolater Rd. Frisco 75034 Haggard Library Programs Room 2501 Coit Rd. Plano 75075 Harrington Library Thelma Rice Sproles Program Room 1501 18th St. Plano 75074 John & Judy Gay Library Meeting Room 6861 W. Eldorado Pkwy. McKinney 75070 Lavon City Hall Gymnasium 120 School Rd. Lavon 75166 Lovejoy ISD Administration Building Portable #1 Training Room 259 Country Club Rd. Allen 75002 Lucas Community Center Community Room 665 Country Club Rd. Lucas 75002 Maribelle M. Davis Library Programs Room 7501 Independence Pkwy. A Plano 75025 McKinney Fire Station #5 Community Room 6600 Virginia Pkwy. McKinney 75071 McKinney Fire Station #7 Community Room 861 Independence Pkwy. McKinney 75072 McKinney Fire Station #9 Community Room 4900 Summit View Dr. McKinney 75071 McKinney Fire Station #10 Community Room 1150 Olympic Crossing McKinney 75071 McKinney High School PAC Lobby 1400 E. Wilson Creek Pkwy. McKinney 75069 McKinney North High School Auditorium Lobby 2550 Wilmeth Rd. McKinney 75071 Melissa City Hall Municipal Court Room, 1st Floor 3411 Barker Ave. Melissa 75454 Michael J. Felix Community Center Rooms A and B 3815 E. Sachse Rd. Sachse 74048 Revised February 6, 2023 3 | Page Murphy Community Center Homer and Marie Adams Rooms 205 N. Murphy Rd. Murphy 75094 New Hope Town Hall Council Chambers 121 Rockcrest Rd. McKinney 75071 Old Settler’s Recreation Center North Multi-Purpose Room 1201 E. Louisiana St. McKinney 75069 Parker City Hall Council Chambers 5700 E. Parker Rd. Parker 75002 Plano ISD Administration Center Lobby 2700 W. 15th St. Plano 75075 Princeton Community Center Community Room 416 N. 4th St. Princeton 75407 Prosper Town Hall Community Room 250 W. First St. Prosper 75078 Renner Frankford Branch Library Programs Room 6400 Frankford Rd. Dallas 75252 Richardson Public Library Story Time Room 900 Civic Center Dr. Richardson 75080 Roy & Helen Hall Memorial Library Lobby 101 E. Hunt St. McKinney 75069 Terry Pope Administration Building Community ISD Board Room 611 N. FM 1138 Nevada 75173 The Grove at Frisco Commons Community Room 8300 McKinney Rd. Frisco 75034 Wylie Senior Recreation Center Dining Room 800 Thomas St. Wylie 75098 *Polling locations are subject to change. For the most current list of locations, please visit the Elections webpage at www.collincountytx.gov/elections. (*Los lugares de votación están sujetos a cambios. Para obtener la lista más actualizada de ubicaciones, visite la página web de Elecciones en www.collincountytx.gov/elections.) Applications for ballot by mail may be mailed and must be received no later than the close of business on April 25, 2023, to: (Las solicitudes de boleta por correo pueden enviarse por correo y deben recibirse a más tardar el 25 de abril de 2023 para:) Bruce Sherbet, Early Voting Clerk 2010 Redbud Blvd. Suite 102 McKinney, Texas 75069 972-547-1900 www.collincountytx.gov Revised February 6, 2023 4 | Page Applications for ballot by mail may also be faxed or emailed and must be received no later than the close of business on April 25, 2023. For an application for ballot by mail submitted by telephonic facsimile machine or electronic transmission to be effective, the hard copy of the application must also be submitted by mail and be received by the early voting clerk not later than the fourth business day after the transmission by telephonic facsimile machine or electronic transmission is received. (Texas Election Code 84.007) (Las solicitudes de boleta por correo también pueden enviarse por fax o correo electrónico y deben recibirse antes del cierre de operaciones el 25 de abril de 2023. Para que una solicitud de boleta por correo enviada por máquina de fax o transmisión electrónica sea efectiva, la copia impresa de la solicitud también debe presentarse por correo y ser recibida por el secretario de votación anticipada a más tardar el cuarto día hábil posterior a la recepción de la transmisión por fax o máquina electrónica de fax. (Código Electoral de Texas 84.007,).) Fax – 972-547-1996, Email - absenteemailballoting@collincountytx.gov Revised February 6, 2023 1 | Page Exhibit B (Anexo B) Collin County (Condado de Collin) Election Day Vote Centers for the May 6, 2023 Joint General and Special Election – 7 am - 7 pm* (Centros de votación del día de las elecciones para las Elecciones Generales y Especiales Conjuntas del 6 de mayo de 2023 – 7 am – 7pm*) Important Note: Eligible Collin County registered voters (with an effective date of registration on or before May 6, 2023) may vote at any early voting location. (Nota importante: Los votantes registrados elegibles del Condado de Collin (con una fecha efectiva de registro en o antes del 6 de mayo de 2023 pueden votar en cualquier lugar de votación anticipada.) Polling Location (Lugar de Votación) Room Name (Nombre de la habitación) Address (Dirección) City (Ciudad) Zip Code (Código postal) Aldridge Elementary School Gym 720 Pleasant Valley Ln. Richardson 75080 Allen ISD Service Center Main Lobby 1451 N. Watters Rd. Allen 75002 Allen Municipal Courts Facility Community Room 301 Century Pkwy. Allen 75013 Anna Municipal Complex Lobby 120 W. 7th St. Anna 75409 Armstrong Middle School Small Gym 3805 Timberline Dr. Plano 75074 Bethany Elementary School Gym 2418 Micarta Dr. Plano 75025 Blue Ridge ISD Administration Building Board of Trustees Board Room 318 School St. Blue Ridge 75424 Bowman Middle School Cafeteria Foyer in Corridor H 2501 Jupiter Rd. Plano 75074 Carpenter Middle School Small Gym 3905 Rainier Rd. Plano 75023 Children’s Health StarCenter Activity Room 6993 Stars Ave. McKinney 75070 Christopher A. Parr Library Programs Room 6200 Windhaven Pkwy. Plano 75093 Collin College Celina Campus Atrium 2505 Kinship Pkwy. Celina 75009 Collin College Farmersville Campus Atrium 501 S. Collin Pkwy. Farmersville 75442 Collin College Frisco Campus Building J, Room 113 9700 Wade Blvd. Frisco 75035 Collin College Higher Education Center Atrium 3452 Spur 399 McKinney 75069 Collin College McKinney Campus Atrium, Hallway D 2200 University Dr. McKinney 75071 Collin College Plano Campus Atrium D Square 2800 Spring Creek Pkwy. Plano 75074 Collin College Wylie Campus Lobby 391 Country Club Rd. Wylie 75098 Collin County Elections Voting Room 2010 Redbud Blvd., Suite 102 McKinney 75069 Copeville Special Utility District Conference Room 16120 FM 1778 Nevada 75173 Revised February 6, 2023 2 | Page Dowell Middle School Library (D100) 301 S. Ridge Rd. McKinney 75072 Evans Middle School Library (A114) 6998 W. Eldorado Pkwy. McKinney 75072 Fairview Town Hall Council Chambers 372 Town Pl. Fairview 75069 Farmersville City Hall Council Chambers 205 S. Main St. Farmersville 75442 Frisco Fire Station #5 Training Room 14300 Eldorado Pkwy. Frisco 75035 Frisco Fire Station #8 Training Room 14700 Rolater Rd. Frisco 75034 Haggard Middle School Main Entry Vestibule 2832 Parkhaven Dr. Plano 75075 Hendrick Middle School Front Foyer 7400 Red River Dr. Plano 75025 Huffman Elementary School 5510 Channel Isle Dr. Plano 75093 John & Judy Gay Library Meeting Room 6861 W. Eldorado Pkwy. McKinney 75070 Lavon City Hall Gymnasium 120 School Rd. Lavon 75166 Lovejoy ISD Administration Building Portable #1 Training Room 259 Country Club Rd. Allen 75002 Lucas Community Center Community Room 665 Country Club Rd. Lucas 75002 McKinney Fire Station #5 Community Room 6600 Virginia Pkwy. McKinney 75071 McKinney Fire Station #7 Community Room 861 Independence Pkwy. McKinney 75072 McKinney Fire Station #9 Community Room 4900 Summit View Dr. McKinney 75071 McKinney Fire Station #10 Community Room 1150 Olympic Crossing McKinney 75071 McKinney High School PAC Lobby 1400 E. Wilson Creek Pkwy. McKinney 75069 McKinney North High School Auditorium Lobby 2550 Wilmeth Rd. McKinney 75071 Melissa City Hall Municipal Court Room, 1st Floor 3411 Barker Ave. Melissa 75454 Michael J. Felix Community Center Rooms A and B 3815 E. Sachse Rd. Sachse 74048 Miller Elementary School Gym 5651 Coventry Dr. Richardson 75082 Murphy Community Center Homer and Marie Adams Rooms 205 N. Murphy Rd. Murphy 75094 New Hope Town Hall Council Chambers 121 Rockcrest Rd. McKinney 75071 Old Settler’s Recreation Center North Multi-Purpose Room 1201 E. Louisiana St. McKinney 75069 Parker City Hall Council Chambers 5700 E. Parker Rd. Parker 75002 Revised February 6, 2023 3 | Page Princeton Community Center Community Room 416 N. 4th St. Princeton 75407 Prosper Town Hall Community Room 250 W. First St. Prosper 75078 Renner Frankford Branch Library Programs Room 6400 Frankford Rd. Dallas 75252 Richardson Public Library Story Time Room 900 Civic Center Dr. Richardson 75080 Robinson Middle School Gym 6701 Preston Meadow Dr. Plano 75024 Rose Haggar Elementary School Gym 17820 Campbell Rd. Dallas 75252 Schimelpfenig Middle School Front Foyer 2400 Maumelle Dr. Plano 75023 Senior Recreation Center Meeting Room 1400 S. College St. McKinney 75069 Terry Pope Administration Building Community ISD Board Room 611 N. FM 1138 Nevada 75173 The Grove at Frisco Commons Community Room 8300 McKinney Rd. Frisco 75034 Tom Muehlenbeck Recreation Center Meeting Room A 5801 W. Parker Rd. Plano 75093 Wilson Middle School F113 1001 Custer Rd. Plano 75075 Wylie Senior Recreation Center Dining Room 800 Thomas St. Wylie 75098 *Polling locations are subject to change. For the most current list of locations, please visit the Elections webpage at www.collincountytx.gov/elections. (*Los lugares de votación están sujetos a cambios. Para obtener la lista más actualizada de ubicaciones, visite la página web de Elecciones en www.collincountytx.gov/elections.) Applications for ballot by mail may be mailed and must be received no later than the close of business on April 25, 2023, to: (Las solicitudes de boleta por correo pueden enviarse por correo y deben recibirse a más tardar el 25 de abril de 2023 para:) Bruce Sherbet, Early Voting Clerk 2010 Redbud Blvd. Suite 102 McKinney, Texas 75069 972-547-1900 www.collincountytx.gov Applications for ballot by mail may also be faxed or emailed and must be received no later than the close of business on April 25, 2023. For an application for ballot by mail submitted by telephonic facsimile machine or electronic transmission to be effective, the hard copy of the application must also be submitted by mail and be received by the early voting clerk not later than the fourth business day after the transmission by telephonic facsimile machine or electronic transmission is received. (Texas Election Code 84.007) (Las solicitudes de boleta por correo también pueden enviarse por fax o correo electrónico y deben recibirse antes del cierre de operaciones el 25 de abril de 2023. Para que una solicitud de boleta por correo enviada por máquina de fax o transmisión electrónica sea efectiva, la copia impresa de la solicitud también debe presentarse por correo y ser recibida por el secretario de votación anticipada a más tardar el cuarto día hábil posterior a la recepción de la transmisión por fax o máquina electrónica de fax. (Código Electoral de Texas 84.007,).) Fax – 972-547-1996, Email - absenteemailballoting@collincountytx.gov Exhibit "C" Collin County Election Services May 6, 2023 Joint Election City of Anna Registered Voters 12,447 Percentage 0.6447035% Category Cost Per Unit Estimated Election Expenses Estimated Entity Expenses Early Voting by Mail Kits - Mail Ballots 1.15$ 4,830.00$ 31.14$ Postage 0.88$ 3,696.00$ 23.83$ Paper Ballot Printing Services 0.31$ -$ -$ Paper Ballot Shipping (per box) 30.00$ -$ -$ Ballot Stock - BOD 0.10$ 420.00$ 2.71$ Category Subtotal 8,946.00$ 57.68$ General Election Expenses Mileage Per Election 500.00$ 3.22$ Van / Car Rental Per Election 28,800.00$ 185.67$ Election Night Receiving Cover Per Election 3,037.51$ 19.58$ Polling Place Rental Per Election 8,050.00$ 51.90$ Notice of Election Per Election 9,700.00$ 62.54$ Security - EV Per Election 1,700.00$ 10.96$ Security - ED Per Election 5,000.00$ 32.24$ Early Voting Ballot Board Per Election 12,383.00$ 79.83$ FICA - Election Workers Per Election 53,195.35$ 342.95$ County Employee/IT Overtime - EV Per Election 20,800.00$ 134.10$ Process Pollworker Checks - EV 1.50$ 735.00$ 4.74$ Process Pollworker Checks - ED 1.50$ 885.00$ 5.71$ Drayage Per Location - ED 180.00$ 21,240.00$ 136.94$ Drayage Per Location - EV 180.00$ 17,640.00$ 113.73$ Category Subtotal 183,665.86$ 1,184.10$ Programming Coding Servies 25 Days 41,250.00$ 265.94$ Balotar Programming Per Election 1,200.00$ 7.74$ Category Subtotal 42,450.00$ 273.68$ Early Voting by Personal Appearance Election Judge OT - EV 22.50$ 33,075.00$ 213.24$ Alternate Judge OT - EV 21.00$ 30,870.00$ 199.02$ Clerk OT - EV (5 per location) 19.50$ 171,990.00$ 1,108.83$ ES&S Support Staff / Field Techs - EV 40 Days 110,160.00$ 710.21$ Equipment Assembly - EV 50.00$ 2,450.00$ 15.80$ Category Subtotal 348,545.00$ 2,247.08$ Election Day and Tabulation Election Day/Post Election Vendor Support 15 Days 43,200.00$ 278.51$ Notice of Inspection/Tabulation Test Per Election 1,500.00$ 9.67$ Category Subtotal 44,700.00$ 288.18$ Supply Cost Ballots - Card Stock ExpressVote - EV 0.32$ 25,600.00$ 165.04$ Ballots - Card Stock ExpressVote - ED 0.32$ 12,800.00$ 82.52$ Test Ballots 0.29$ 1,102.00$ 7.10$ Kits - ED 51.00$ 2,499.00$ 16.11$ City of Anna Registered Voters 12,447 Percentage 0.6447035% Category Cost Per Unit Estimated Election Expenses Estimated Entity Expenses Kits - EV 19.00$ 1,121.00$ 7.23$ Kits - Provisional EV 38.10$ 1,866.90$ 12.04$ Kits - Provisional ED 38.10$ 2,247.90$ 14.49$ Polling Place Maps - EV 25.00$ 1,225.00$ 7.90$ Polling Place Maps - ED 25.00$ 1,475.00$ 9.51$ Signs Metal (5 per location) 5.00$ 2,700.00$ 17.41$ Signs Wood 2.00$ 216.00$ 1.39$ Ballot Card Stock - Provisional - EV (50 PL) 0.14$ 514.50$ 3.32$ Ballot Card Stock - Provisional - ED (50 PL) 0.14$ 619.50$ 3.99$ Ballots - Sample - EV (1 per location) 0.29$ 21.32$ 0.14$ Ballots - Sample - ED (1 per location) 0.29$ 25.67$ 0.17$ Ballots - Sample All Race - EV (50 per location) 0.87$ 3,197.25$ 20.61$ Ballots - Sample All Race - ED (50 per location) 0.87$ 3,849.75$ 24.82$ Printer Labels - EV (1 roll per location) 5.00$ 245.00$ 1.58$ Printer Labels - ED (1 roll per location) 5.00$ 295.00$ 1.90$ Category Subtotal 61,620.78$ 397.27$ Equipment Cabinet Security - EV 200.00$ 9,800.00$ 63.18$ Cabinet Security - ED 200.00$ 11,800.00$ 76.08$ Computer Cabinet - EV 50.00$ 2,450.00$ 15.80$ DS200 Ballot Counter - EV 350.00$ 18,200.00$ 117.34$ DS200 Ballot Counter - ED 350.00$ 26,950.00$ 173.75$ ExpressVote - EV (9 per location) 200.00$ 88,200.00$ 568.63$ Expres Vote - ED (9 per location) 200.00$ 106,200.00$ 684.68$ ExpressTouch - EV 200.00$ 9,800.00$ 63.18$ ExpressTouch - ED 200.00$ 11,800.00$ 76.08$ Category Subtotal 285,200.00$ 1,838.69$ Personnel Election Judge - EV 15.00$ 60,270.00$ 388.56$ Election Judge - ED 15.00$ 2,400.00$ 15.47$ Alternate Election Judge - EV 14.00$ 56,252.00$ 362.66$ Alternate Election Judge - ED 14.00$ 2,240.00$ 14.44$ Clerk - EV (3 per location) 13.00$ 313,404.00$ 2,020.53$ Clerk - ED (3 per location) 13.00$ 12,480.00$ 80.46$ Judge Delivery - EV 50.00$ 2,450.00$ 15.80$ Judge Delivery - ED 50.00$ 2,950.00$ 19.02$ Category Subtotal 452,446.00$ 2,916.94$ Election Expense 9,203.62$ Cost (minimum) 1,427,573.64$ 9,203.62$ 10% Administrative Fee 920.36$ Total Cost 10,123.98$ 90% deposit due Friday, March 31, 2023 9,111.58$ Less Deposit Less Payment Final Amount Due Item No. 6.c. City Council Agenda Staff Report Meeting Date: 2/14/2023 Staff Contact: Joey Grisham AGENDA ITEM: Approve a Resolution regarding a Hotel Incentive Agreement with North Texas Hoco, LLC. (Director of Economic Development Joey Grisham) SUMMARY: Staff recommends City Council approve the Resolution with North Texas Hoco, LLC for incentives related to a Wyndham Garden hotel. The City of Anna and North Texas Hoco, LLC are entering into a Hotel Incentive Agreement for the development of a Wyndham Garden Hotel to be located adjacent to the Anna Surgery Center on US Highway 75. The agreement requires North Texas Hoco, LLC to build a hotel with a minimum of 85 hotel rooms and investment of at least $15 million. Construction must commence by October 31, 2023, with a Certificate of Occupancy being required by January 31, 2025. The city will rebate 70% of hotel occupancy taxes up to $375,000 over 3 years and waive water/wastewater/irrigation impact fees up to $127,050. FINANCIAL IMPACT: 70% of hotel occupancy taxes will be rebated over 3 years not to exceed $375,000 generated by the Wyndham Garden Hotel and waiver of water/wastewater/irrigation impact fees not to exceed $127,050. BACKGROUND: The Economic Development staff was approached by North Texas Hoco, LLC regarding incentives. Because the EDC/CDC Board and City Council have expressed interest in attracting hotels to the city, staff worked with City Attorney Clark McCoy to draft a hotel incentive agreement that is before the City Council this evening. Zoning was approved by the City Council on December 13, 2022. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Vibrant. ATTACHMENTS: 1. RESOLUTION for Hotel Incentive Agreement C03029D20230125CR1 clean 2. Hotel Dev Agreement C03029D20230124CR1 Page 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS APPROVING A HOTEL INCENTIVE AGREEMENT WITH NORTH TEXAS HOCO, LLC WHEREAS,North Texas HOCO, LLC (“Owner”) is the current owner of a certain tract of real property in the City of Anna located on U.S. Highway 75 near the Anna Surgery Center that is suitable for a hotel development (the “Property”); and WHEREAS, Owner and the City desire that a Wyndham Garden hotel with a minimum of 85 hotel rooms and a capital investment of at least $15 million be constructed on the Property and the City of Anna City Council (the “City Council”) finds that this will be achieved under the provisions of the Hotel Development Agreement attached hereto as Exhibit 1 (the “Agreement”); and WHEREAS,under Texas Tax Code Chapter 351, the City may delegate authority to manage a program involving the expenditure of Hotel Occupancy Taxes and the City and Owner desire that the City provide for such delegation to Owner on a limited and temporary basis as set forth in the Agreement; and WHEREAS,the City and Owner have negotiated terms related to the development of the Wyndham Garden; and WHEREAS,as an incentive for said development the City is willing to forego collection of certain impact fees that Owner would otherwise be required to pay to the City under Anna Code Article 9.08; WHEREAS,under Anna Code Section 9.08.010, the City finds that the Hotel will promote economic development; and WHEREAS,the Agreement is a program under Texas Local Government Chapter 380; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: SECTION 1. Findings. The findings set forth above are incorporated herein for all purposes as if set forth in full. SECTION 2. Approval of Project and Agreement. The City Council of the City of Anna, Texas hereby approves the Agreement, incorporated herein for all purposes, and authorizes the Mayor to execute the same on its behalf, subject to approval as to form by legal counsel for the City, said Agreement to be effective upon its passage and as set forth in said Agreement. SECTION 3. Administration. The City hereby authorizes the City Manager or his designee to administer the Agreement. Page 2 = PASSED, APPROVED AND ADOPTED by the City Council of the City of Anna, Texas, on this the 14th day of February 2023. Nate Pike, Mayor ATTEST: Carrie L. Land, City Secretary HOTEL DEVELOPMENT AGREEMENT Page 1 HOTEL DEVELOPMENT AGREEMENT This Hotel Development Agreement (this “Agreement”) is entered into as of the Effective Date between the City of Anna, a Texas home-rule municipality and North Texas HOCO, LLC, a Texas limited liability company. WHEREAS, North Texas HOCO, LLC (“Owner”) is the current owner of a tract of real property described in Exhibit “A” attached hereto (the “Property”); and WHEREAS, the City of Anna, Texas, (the “City”) and Owner (City and Owner sometimes collectively referenced as “Parties,” or Individually as “Party”) desire to enter into this Agreement concerning the development, construction and operation of a hotel to be located on U.S. Highway 75 near the Anna Surgery Center on the Property, which is within the City’s corporate limits; and WHEREAS,under Texas Tax Code Chapter 351, the City may delegate authority to manage a program or part of a program involving the expenditure of Hotel Occupancy Taxes and the City and Owner desire that the City provide for such delegation to Owner on a limited and temporary basis as set forth in this Agreement; and WHEREAS,the City and Owner have negotiated terms related to the development of the Hotel, as hereinafter defined; and WHEREAS,as an incentive for said development the City is willing to forego collection of certain impact fees that Owner would otherwise be required to pay to the City under Anna Code Article 9.08; WHEREAS,under Anna Code Section 9.08.010, the City finds that the Hotel will promote economic development; and WHEREAS,this Agreement is a program under Texas Local Government Chapter 380; NOW, THEREFORE, for and in consideration of the mutual promises hereinafter expressed, and other good and valuable consideration, the sufficiency of which is hereby acknowledged by the Parties, the Parties agree as follows: Section 1 Definitions. The following words shall have the following meanings when used in this Agreement. (a) Anna Code means The Anna City Code of Ordinances. (b) City means the City of Anna, Texas. (c) City Council means the governing body of the City of Anna, Texas. (d) City Manager means the City Manager, Interim City Manager, or Acting City Manager of the City of Anna, Texas or his or her written designee. HOTEL DEVELOPMENT AGREEMENT Page 2 (e) Effective Date means the date upon which both Parties have fully and duly executed this Agreement. (f) Hotel means a Wyndham Garden hotel containing a minimum of 85 hotel rooms located on the Property. (g) Hotel Occupancy Tax means the amounts collected as a result of the tax imposed by the City under Chapter 351 of the Texas Tax Code, as amended, on a person who, under a lease, concession, permit, right of access, license, contract or agreement pays for the use or possession of a room in the Hotel during the calendar month immediately preceding each monthly tax payment due date, as required under Anna Code Sec. 2.03.065, as amended. The term “Hotel Occupancy Tax” does not include taxes collected under Chapter 351 of the Texas Tax Code by establishments other than the Hotel. (h) Owner means North Texas HOCO, LLC, a Texas limited liability company, and its successors and assigns and also includes any other owner of the Hotel or Property. (i) Delegated Amounts means the lessor of $375,000 or 70 Percent (70%) of the Hotel Occupancy Tax actually collected that Owner is authorized to deduct from remittance to the City during the Delegation Period and to expend in accordance with this Agreement. (j) Delegation Period means a time period of 36 months starting on the first day of: (a) the first month during which Owner collects Hotel Occupancy Tax if any of said tax is collected on or before the 15th day of said first month; or (b) the month following the first month in which Owner first collects any Hotel Occupancy Tax if none of said tax is collected on or before the 15th day of said first month. (k) Property means the land described in Exhibit “A” attached hereto and incorporated herein for all purposes, together will all improvements thereon. Section 2 Title to Property Established. Owner represents and warrants that it is the record owner in fee simple of the Property. Section 3 Obligations of Owner. (a) Hotel. Owner shall develop, construct, and operate the Hotel located on the Property pursuant to and in accordance with the standards of a Wyndham Garden franchise. Owner’s development shall comply in all respects to applicable City ordinances and regulations and all applicable development approvals, permits and conditions granted, provided for, or required thereunder. From and after the Effective Date of this Agreement, and in accordance with the schedule set forth below in subsection (b), Owner shall make such improvements, including but not limited to at least an amount of $15 million for the real property, consisting of both the Property and improvements to be constructed thereon, and for personal property and all other costs or expenditures for the design, development, construction, equipping, furnishing, stocking, franchising and other necessary actions related to HOTEL DEVELOPMENT AGREEMENT Page 3 the Hotel to cause the Hotel to be a “turn-key” completed hotel project ready for operation by the Owner and occupancy by guests. Owner shall maintain and provide to the City Manager proof of said expenditures actually having been made by Owner. The deadline for the Owner to provide said proof to the City Manager shall be the date before the date that the Hotel commences operations. Owner agrees that from and after the commencement of Hotel operations to continuously use and operate the Hotel and the Hotel shall not be used for any purpose other than as a hotel and related amenities, open to the public and serving visitors, the adjacent business community, and the citizens of the City. (b) Construction and Commencement Schedule. Owner must successfully apply for a building permit and commence construction on the Property by October 31, 2023. Completion of construction of the Hotel and related Property improvements and issuance of a Certificate of Occupancy must occur by January 31, 2025. The City Manager, at his or her discretion, may agree in writing to extend any of these time periods, but the sum total of all extensions granted by the City Manager may not exceed six months. Failure to adhere to this schedule and any extensions granted by the City Manager shall allow the City at its option to terminate this Agreement upon written notice to Owner, in which case the Owner: (1) shall be obligated to pay all impact fees that would be due to the City in the absence of this Agreement; and (2) shall not be entitled to receive the Delegated Amounts. (c) Hotel Collection of Taxes and Reporting. Throughout the operation of the Hotel, and without fail, Owner shall collect or cause to be collected the Hotel Occupancy Tax in the full amount imposed by the City. Once each month, starting with the first full month during which Owner begins collecting the Hotel Occupancy Tax, Owner shall submit to the City a Hotel Occupancy Tax Return for the previous month in a form prescribed by the City from time to time. Owner shall strictly comply with and is subject to the following procedures and conditions: i. Along with the Hotel Occupancy Tax Return, Owner shall include therewith its monthly remittance to the City of the full amount of the Hotel Occupancy Tax, except that Owner may deduct and retain from the remittance the Delegated Amounts. ii. The monthly Hotel Occupancy Tax Return and remittance for the previous month’s collection shall be delivered to the City no later than the tenth day of the ensuing month, after which the remittance shall be past due. For each day that any part of the required remittance to the City is unpaid and past due, the past due amount shall be subject to interest and penalties in accordance with Article 2.03, Division 3 of the Anna Code, and said interest and penalties shall be cumulative of any other remedies of the City to recover past due or unpaid remittance. iii. Once each quarter Owner shall submit to the City a full and complete copy of the Hotel’s tax report and related information submitted to the State Comptroller or successor agency, for Hotel Occupancy Tax. Owner shall HOTEL DEVELOPMENT AGREEMENT Page 4 provide said copy of the quarterly submittal to the City at the same time that it submits the report to the State Comptroller or successor agency. Along with said quarterly submittal to the City, Owner shall submit to the City documentation clearly listing and describing all expenditures of any Delegated Amounts. Owner shall further provide a full and complete copy of any supplemental or amending reports or submittals that it provides to the State Comptroller or successor agency and shall provide the City with same at the time that it provides any such submittal to the State Comptroller or successor agency. iv. Upon expiration of the Delegation Period, Owner shall no longer be authorized to deduct from remittance to the City any amounts of Hotel Occupancy Tax. (d) Documentation. At all times during the Delegation Period and for any period of time that Owner retains the Delegated Amounts after the Delegation Period, Owner shall keep and maintain complete and accurate records of: (1) the consideration and Hotel Occupancy Tax paid by the occupant of each sleeping room in the Hotel. Such records shall include, but not be limited to, at a minimum, guest folios, tax exemption certificates, and any original documents such as posting ledgers and rate and stay adjustment reports; and (2) financial records of each expenditure of the Delegated Amounts. The records may be retained in any retrievable format, including but not limited to micro form; shall be maintained for the entirety of the Delegation Period; and shall be available for inspection upon request by any employee, agent, officer or representative of the City at any reasonable time. (e) Annual Budget. In advance of Owner expending any of the Delegated Amounts, and as relates to expected collection and expenditure of said Delegated Amounts, Owner shall submit a written annual budget to the City Council for the City Council’s consideration and approval, which approval will not be unreasonably withheld or delayed. Owner shall not expend any of the Delegated Amounts until it receives the City Council’s approval of the proposed annual budget in writing. The requirement to obtain advance approval in writing of a written annual budget shall be in force and effect at all times during the Delegation Period and until all Delegated Amounts have been expended. Owner may petition the City Council for its approval of an amended annual budget no more frequently than quarterly, unless more frequently permitted in any given instance by the City Manager. Any such amendment and approval thereof must be in writing. The approval by the City Council of the annual budget of Owner and/or any amendment to same creates a fiduciary duty in Owner with respect to the correct handling and expending of the Delegated Amounts in accordance with said budget. In any of the foregoing instances, in the event that the City Council fails or refuses within sixty (60) days after delivery of any submissions by Owner (i) to consider the submissions or (ii) once considered, to approve or disapprove and deliver written objections to the submissions, then, the submissions will be deemed approved. HOTEL DEVELOPMENT AGREEMENT Page 5 (f) Collections and Expenditure of Delegated Amounts. Owner hereby unconditionally guarantees the correctness and legality of its collection, deduction and retainment, and remittance of Hotel Occupancy Tax and further unconditionally guarantees the correctness and legality of its use and expenditures of the Delegated Amounts. Owner agrees that the Delegated Amounts shall be expended in a manner directly enhancing and promoting tourism and the convention and hotel industry and only as permitted under Texas Tax Code § 351.101(a), as amended and applicable, and in accordance with the annual budget approved in writing by the City. (g) Administrative Costs. The Delegated Amounts spent for a purpose authorized by this section may further be spent for day-to-day operations, supplies, salaries, office rental, travel expenses, and other administrative costs; provided, however, that said administrative costs must be incurred directly in the promotion and servicing expenditures authorized under Texas Tax Code § 351.101(a), as amended and applicable. If Owner conducts an activity authorized under this section and conducts other activities that are not authorized under this section, the portion of the administrative costs of Owner for which the Delegated Amount may be used may not exceed the portion of those administrative costs actually incurred in conducting the authorized activities. (h) Subgrants. Nothing in this section shall prohibit Owner from making subgrants of all or part of the Delegated Amounts by contract to any other person, entity, or private organization for expenditures under Texas Tax Code § 351.101(a)(4); provided, however, that any subgrantee shall: (i) first be approved of in advance and in writing by the City Council, with the City Council having discretion to place any reasonable conditions, restrictions or limitations on the subgrant; (ii) at least semi-annually make periodic reports to the City Council of its expenditures from the Delegated Amounts; (iii) make records of all expenditures from the Delegated Amounts available for review to the City Manager upon request; and (iv) enter into a written agreement with Owner that: (1) requires the subgrantee to adhere to items (ii) and (iii) above and all of the City’s conditions restrictions, or limitations; (2) requires that the subgrantee expend the Delegated Amounts strictly in accordance with Section 3(f) of this Agreement; and (3) provides that at any time there is an Event of Default (as described below) by Owner or subgrantee the City in its sole discretion and at any time may cancel the subgrant and require the subgrantee to remit to the City all unexpended Delegated Amounts held by subgrantee (but not any part held by Owner) and to further reimburse the City for any Delegated Amounts improperly expended by subgrantee (but not any of such improperly expended Delegated Amounts expended by Owner). HOTEL DEVELOPMENT AGREEMENT Page 6 (i) Separate Account and Return of Unexpended Amounts. Until expended, Owner must maintain all Delegated Amounts in a separate account established for that purpose and may not commingle the Delegated Amounts with any other money. (j) Sale of Hotel or Property. In the event of any sale or other disposition of all or any part of the Property, or any interest therein, Owners shall promptly notify the City of such sale or disposition and provide the City with a copy of the deed or other instrument pursuant to which the sale or other disposition is made along with any associated assignment(s). (k) Indemnity and Hold Harmless. To the fullest extent permitted by law, Owner shall indemnify, defend and hold harmless the City and the City’s employees, officials, officers, representatives, and agents from and against claims, damages, losses and expenses, including but not limited to attorneys’ fees and related expenses, arising out of or resulting from Owner’s management, use, sub-granting, or expenditure of any of the Delegated Amounts at any time during or after the Delegation Period. This subsection and Owner’s duty to indemnify, defend and hold harmless as described herein shall survive the expiration of the term of this Agreement. Section 4 Obligations of the City. (a) Partial Delegation to Owner. Under this Agreement, the City hereby approves of Owner partially managing the program of expenditures of Hotel Occupancy Taxes and in approving this Agreement, the City delegates to Owner the authority to expend the Delegated Amounts as set forth under this Agreement. (b) Unexpended Amounts. The City understands and agrees that Owner may continue to expend any Delegated Amounts that it properly deducted and retained during the Delegation Period and that have not been expended at the time that the Delegation Period ends; provided, however, that before the expiration of 24 months after the Delegation Period ends, all such Delegated Amounts must be either expended in compliance with state law and this Agreement or remitted to the City. (c) Impact Fees. Except as otherwise set forth in this Agreement, the City shall forego collection of all water/wastewater/irrigation impact fees that would otherwise be due to be paid to the City up to a maximum amount of $127,050. Section 5 Events of Default by Owner and the City’s Remedies. Each of the following shall constitute an Event of Default by Owner under this Agreement: (a) False Statements. Any warranty, representation or statement made or furnished to the City by or on behalf of Owner under this Agreement or any documentation provided or made available to the City which was false or misleading in any material respect, either now or at the time made or furnished, and Owner fails to cure same within thirty (30) days after written notice from the City describing the violation, or if such violation cannot be cured within such 30-day period in the exercise of all due diligence, then if Owner fails to commence such cure within such 30-day period or fails to continuously thereafter diligently prosecute the cure HOTEL DEVELOPMENT AGREEMENT Page 7 of such violation; or if Owner learns that any such warranty, representation or statement has become false or misleading at the time that it was made, and Owner fails to provide written notice to the City of the false and misleading nature of such warranty, representation or statement within ten (10) days after Owner learns of its false or misleading nature, provided that, Owner shall have the same period to cure same as described above, including any permitted extension of such cure period. (b) Insolvency. The dissolution or termination of Owner’s existence as a going business, Owner’s insolvency, appointment of receiver for any part of Owner’s property, any assignment of all or substantially all of the assets of Owner for the benefit of creditors of Owner, any type of creditor workout for Owner, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Owner unless, in the case of involuntary proceedings, such proceedings are discharged within sixty (60) days after filing. (c) Taxes. Owner allows its property taxes owed to the City or other applicable taxing entity to become delinquent and fails to timely and properly follow the legal procedures for protest and/or contest of such taxes and to cure such failure within thirty (30) days after written notice thereof from the taxing entity. The failure of Owner to remit or cause to be remitted the City Hotel Occupancy Taxes when due, with the exception of the amounts Owner is entitled to withhold, deduct, or retain in accordance with this Agreement. (d) Other Defaults. Failure of Owner to comply with or to perform any other material term, obligation, covenant or condition contained in this Agreement, and Owner fails to cure such failure within thirty (30) days after written notice from the City describing such failure, or if such failure cannot be cured within such 30-day period in the exercise of all due diligence, then if Owner fails to commence such cure within such 30-day period or fails to continuously thereafter diligently prosecute the cure of such failure. No notice by the City to Owner shall be deemed given or received unless the entities or persons noted below Owner’s address in Section 8 (i) With copies to: are simultaneously given notice in the same manner as any notice given to Owner. (e) Remedies of the City. If any Event of Default by Owner shall occur and Owner shall fail to cure under the applicable time period, then in addition to seeking such other remedies as may be allowed under Texas law, the City may by written notice to Owner elect to terminate this Agreement, at the option of the City, except for an Event of Default described in the “Insolvency” subsection above, in which case such termination of obligations shall be automatic and not optional. Section 6 Events of Default by the City and Owner Remedies. Each of the following shall constitute an Event of Default by the City under this Agreement: (a) Defaults. Failure of the City to comply with or to perform any material term, obligation, covenant or condition contained in this Agreement, and the City fails to cure such failure within thirty (30) days after written notice from Owner describing HOTEL DEVELOPMENT AGREEMENT Page 8 such failure, or if such failure cannot be cured within such 30-day period in the exercise of all due diligence, then if the City fails to commence such cure within such 30-day period or fails to continuously thereafter diligently prosecute the cure of such failure. No notice by the Owner to City shall be deemed given or received unless the entities or persons noted below City address in Section 8 (i) With copy s to: is simultaneously given notice in the same manner as any notice given to City. (b) Remedies of Owner. In the event the City defaults under its obligation, and fails to cure and Owner is not otherwise in default and such default is continuing, Owner may by written notice to the City elect to terminate this Agreement, at the option of Owner or seek specific performance of the City’s obligations under this Agreement. Section 7 Term. Unless earlier terminated in accordance with this Agreement, this Agreement shall expire at the end of the last day that is 24 months after the expiration of the Delegation Period. Owner’s duties under Section 3(k) shall survive the term of this Agreement. Section 8 Other Provisions. The following miscellaneous provisions are a part of this Agreement: (a) Except as expressly set forth in this Agreement, all development on the Property shall be subject to all applicable fees incident to development of the Property. Nothing contained in this Agreement shall be deemed or construed to waive or impair the powers and authority of the City under the terms of the City’s Charter or under applicable law or local regulation, which are expressly reserved to the City for all purposes. Nothing herein affects the City’s rights as an ad valorem taxing authority. (b) This Agreement constitutes the entire understanding and agreement of the Parties as to the matters set forth in this Agreement. (c) No alteration of or amendment to this Agreement shall be effective unless given in writing and signed by the Party or Parties sought to be charged or bound by the alteration or amendment. (d) This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, and all obligations of the Parties created hereunder are performable in Collin County, Texas. Venue for any action arising under this Agreement shall lie in Collin County, Texas. (e) The signatories hereto shall be subject to all ordinances of the City, whether now existing or in the future arising. This Agreement shall confer no vested rights on the Property unless specifically enumerated herein. (f) This Agreement shall become a binding obligation on the Parties upon execution by all Parties hereto. The City warrants and represents that the individual executing this Agreement on behalf of the City has full authority to execute this Agreement HOTEL DEVELOPMENT AGREEMENT Page 9 and bind the City to the same. Owner warrants and represents that the individuals executing this Agreement on its behalf have full authority to execute this Agreement and bind Owner to the same. (g) In the event any provision of this Agreement shall be determined by any court of competent jurisdiction to be invalid or unenforceable, the remaining provisions of the Agreement shall, to the extent reasonably possible, remain in force as if such invalid provision were not a part hereof. (h) Upon execution of this Agreement, a memorandum of this Agreement executed by all Parties may be filed in the deed records of Collin County, Texas. The provisions of this Agreement shall be deemed to run with the Property and all improvements thereon and shall be binding on, inure to the benefit of, and be enforceable by or against, the successors and assigns of Owner. Owner, and its successors and assigns, may transfer, assign and convey this Agreement and all of Owner’s or its successors’ or assigns’, rights, interests and obligations described herein or related hereto to any person or entity in connection with the conveyance of the Property. (i) All notices required to be given under this Agreement shall be given in writing and shall be effective when actually delivered or when deposited in the United States mail and designated as certified mail, return receipt requests, sent first class, postage prepaid, addressed to the Party to whom the notice is to be given at the address for that Party shown below. Notice may also be given by personal delivery, courier delivery or other commercially reasonable means and will be effective when actually delivered. Any Party may change its address for notices under this Agreement by giving formal written notice to the other Parties, specifying that the purpose of the notice is to change the Party’s address. For notice purposes, each Party agrees to keep the other informed at all times of its current address. The Parties’ respective addresses for giving of notice are as follows: If to the City: Attn: City Manager City of Anna 120 W. 7th Street Anna, Texas 75409 With a copy to: Attn: Clark McCoy Wolfe, Tidwell & McCoy, LLP 2591 Dallas Parkway Suite 300 Frisco, Texas 75034 HOTEL DEVELOPMENT AGREEMENT Page 10 If to Owner: Attn: Andrew Bossen, M.D. 1625 Highway 75 North Sherman, Texas 75090 With copies to: Attn: Robert Columbo Ivy P3 Group, LLC 4300 MacArthur Avenue, Suite 175 Dallas, Texas 75209 Attn: John Theirl Theirl Wilson PLLC 5151 Beltline Road, Suite 826 Dallas, Texas 75254 (j) Time is of the essence in the performance of this Agreement. (k) This Agreement was drafted equally by the Parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any Party shall not apply. Headings in this Agreement are for the convenience of the Parties and are not intended to be used in construing this document. (l) This Agreement binds and inures to the benefit of the Parties and their respective heirs, personal representatives, successors, and assigns, provided that, this provision will not be construed to modify any provision of this Agreement limiting any Party’s right to assign, convey, encumber or otherwise transfer this Agreement or its rights, title or interest, or duties or obligations under this Agreement. (m) This Agreement may be executed in or more counterparts, each of which shall be deemed an original and the binding agreement of each Party to the terms herein, but all of which together will constitute one and the same instrument. REMAINDER OF PAGE LEFT BLANK INTENTIONALLY, SIGNATURE PAGES FOLLOW: HOTEL DEVELOPMENT AGREEMENT Page 11 EXECUTED as of the date(s) set forth below. NORTH TEXAS HOCO, LLC, a Texas limited liability company By: Date: ______________________ Andrew Bossen, M.D., its Manager STATE OF TEXAS § § COUNTY OF _______ § This instrument was acknowledged before me on the ____ day of ____________ 2023, by Andrew Bossen, M.D., in his capacity as manager of North Texas HOCO, LLC, a Texas limited liability company, on behalf of said limited liability company. Notary Public, State of Texas HOTEL DEVELOPMENT AGREEMENT Page 12 CITY OF ANNA, TEXAS By: Date: _____________________ Ryan Henderson, Interim City Manager ATTEST: Carrie L. Land, City Secretary STATE OF TEXAS § § COUNTY OF COLLIN § This instrument was acknowledged before me on the ____ day of ____________ 2023, by ________________, Interim City Manager of the City of Anna, a Texas home-rule municipality, on behalf of said home-rule municipality. Notary Public, State of Texas EXHIBIT “A” Legal Description of the Property: Anna Hotel Site BEING a tract of land situated in the W.S. Rattan Survey Abstract No. 752, City of Anna, Collin County, Texas, and being part of Lot 3, Block A of One Anna Two Addition, an addition to the City of Anna, Collin County, Texas according to the plat thereof recorded in Instrument No. 20120607010002180, Official Public Records, Collin County, Texas; same being a portion of that tract of land conveyed to Anna Investments, LLC by deed recorded in Instrument No. 20180622000777080, Official Public Records, Collin County, Texas, and being more particularly described as follows: COMMENCING at a TxDOT concrete monument found for corner in the west right-of-way line of US Highway No. 75 (a variable width right-of-way) at the northeast corner of said Lot 3; THENCE S 89°04’37”W, departing said west right-of-way line of US Highway 75 and with the north line of said Lot 3, a distance of 352.41 feet to the POINT OF BEGINNING; THENCE departing said north line of Lot 3, the following courses and distances: S 07°37’25” W, a distance of 320.70 feet to a point for corner; N 82°26’42” W, a distance of 437.43 feet to a point for corner in the east right-of-way line of Standridge Boulevard (an 80-foot wide right-of-way) and the west line of said Lot 3; said point being the beginning of a non-tangent curve to the left; THENCE with said east right-of-way line and said west line of Lot 3, the following courses and distances: In a northeasterly direction with said curve to the left, having a central angle of 14°41’43”, a radius of 780.00 feet, a chord that bears N 05°22’38” E, a distance of 199.51 feet, and an arc length of 200.05 to a point at the end of said curve; N 01°58’14” W, a distance of 54.35 feet to a 1/2-inch iron rod with yellow plastic cap stamped "VOTEX SURVEYING" found for the northwest corner of said Lot 3; THENCE N 89°04’37” E, departing said east right-of-way line of Standridge Boulevard and with the north line of Lot 3, a distance of 459.41 feet to the POINT OF BEGINNING and containing 126,627 square feet or 2.907 acres of land more or less. Item No. 6.d. City Council Agenda Staff Report Meeting Date: 2/14/2023 Staff Contact: Kimberly Garduno AGENDA ITEM: Approve a Resolution authorizing City representatives in matters pertaining to the City's participation in the Texas Community Development Block Grant Program. (Economic Development Coordinator Kimberly Garduno) SUMMARY: Staff recommends the City Council approve the Resolution authorizing the Mayor, Mayor Pro-Tem, Interim City Manager, Interim Assistant City Manager, or Assistant City Manager to serve as the city's representative in matters related to the Texas Community Development Block Grant Program. The Texas Community Development Block Grant Program (TxCDBG) assists small cities and rural communities with funding opportunities for community projects such as utility infrastructure, disaster response, and unique local economic development projects. To allow for local changes in personnel, TDA recommends identifying the signatories by position. This resolution will identify those positions who will have the ability to access the grant database, TDA-Go, sign grant documents and authorize payment requests for grant funds. Once the Signatory Resolution is adopted and submitted to TDA-GO, the community may continue to rely on the same resolution for subsequent TxCDBG applications. The City may provide an updated resolution at any time as local needs change. Only those positions named in the resolution will be permitted to take action in TDAGO on behalf of the community. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: Staff provided a presentation at the January 24, 2023 City Council meeting. The City Council selected Public Management Inc. to submit a grant application to the Texas Department of Agriculture, seeking infrastructure and economic grant funding for street reconstruction and to help revitalize Downtown Anna. TxCDBG applications and grant agreements require a resolution from the local governing body authorizing specific individuals and/or positions to take action on behalf of the community. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Resilient. ATTACHMENTS: 1. Anna 23-24 CDBG Signatory Resolution_Feb 14 2023 CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS AUTHORIZING CITY REPRESENTATIVES IN MATTERS PERTAINING TO THE CITY'S PARTICIPATION IN THE TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. WHEREAS, the City Council of the City of Anna desires to develop a viable community, including decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low-to-moderate income; and, WHEREAS, it is necessary and in the best interests of the City of Anna to participate in the Texas Community Development Block Grant Program; and WHEREAS, the City Council of the City of Anna is committed to compliance with federal, state, and program rules, including the current TxCDBG Project Implementation Manual; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: •The Mayor, Mayor Pro-Tem, City Manager (or Interim City Manager), or Assistant City Manager (or Interim Assistant City Manager) shall serve as the City's Chief Executive Officer and Authorized Representative to: o execute a grant application and any subsequent contractual documents; o certify environmental review documents between the Texas Department of Agriculture and the City; o certify the Payment Request form and/or other forms required for requesting funds to reimburse project costs; and o be assigned the role of Authorized Official in the TDA-GO grant management system. •In addition to the above designated officials, should any grant be funded, the City Secretary is authorized to certify as an official city record the Payment Request form and/or other forms required for requesting funds to reimburse project costs, •In addition to the above designated officials, should any grant be funded, the Assistant City Manager (or Interim Assistant City Manager), City Engineer, or City Finance Director is authorized to: o prepare and submit other financial documentation, and o be assigned the role of Project Director or Payment Processor in the TDA-GO grant management system. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this ___ day of February 2023. ATTEST: APPROVED: __________________________ __________________________ City Secretary, Carrie Land Mayor, Nate Pike Item No. 6.e. City Council Agenda Staff Report Meeting Date: 2/14/2023 Staff Contact: Ross Altobelli AGENDA ITEM: Review Minutes of the January 3, 2023 Planning & Zoning Commission Meeting. (Director of Development Services Ross Altobelli) SUMMARY: January 3, 2023 Planning & Zoning Commission Meeting Minutes. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: N/A STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Excellent. ATTACHMENTS: 1. 01-03-2023 PZ Minutes (Signed) Item No. 6.f. City Council Agenda Staff Report Meeting Date: 2/14/2023 Staff Contact: Ross Altobelli AGENDA ITEM: Approve a Resolution regarding the Miranda Estates, Block A, Lot 1, Development Plat. (Director of Development Services Ross Altobelli) SUMMARY: One lot on 1.5± acres located on the west side of Old Valdasta Road, 1,740± feet south of La Paloma Drive. Located in the Extraterritorial Jurisdiction (ETJ). FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The Development Plat is in conformance with the city’s Subdivision Regulations. The Planning & Zoning Commission recommended approval at their February 6, 2023 meeting. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. ATTACHMENTS: 1. Miranda Estates, Block A, Lot 1 Locator Map 2. RESOLUTION - (DP) MIRANDA ESTATES, BL A, Lt 1 3. EXHIBIT A (Stamped) - Miranda Estates Development Plat COUNTY ROAD 500 COUNTY ROAD 1 039FM 545 OLD VALDASTA R D Copyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 300 600150 Feet January 2023 H:\Notification Maps\Notification Maps\ Development Plat - Miranda Estates, Block A, Lot 1 CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING MIRANDA ESTATES, BLOCK A, LOT 1, DEVELOPMENT PLAT WHEREAS, in order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the “City Council”) has adopted Article 9.02 of the Anna City Code of Ordinances (“Subdivision Regulations”); and WHEREAS, Moises Miranda has submitted an application for the approval of the Miranda Estates, Block A, Lot 1, Development Plat; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Development Plat. The City Council hereby approves the Miranda Estates, Block A, Lot 1, Development Plat attached hereto as Exhibit A. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 14th day of February, 2023. ATTEST: APPROVED: __________________________ __________________________ City Secretary, Carrie L. Land Mayor, Nate Pike EXHIBIT A APPROVED February 14, 2023CITY COUNCIL CITY OF ANNAAPPROVEDFebruary 6, 2023P&Z COMMISSIONCITY OF ANNA Item No. 6.g. City Council Agenda Staff Report Meeting Date: 2/14/2023 Staff Contact: Ross Altobelli AGENDA ITEM: Approve a Resolution regarding the Anna Town Center, Block A, Lot 5R, Replat. (Director of Development Services Ross Altobelli) SUMMARY: Multiple-family residences on one lot on 14.9± acres located on the east side of Throckmorton Boulevard, 38± feet south of Hackberry Drive. Zoned Planned Development (Ord. No. 648-2014 & Ord. No. 974-2022). The purpose for the Replat is to dedicate easements necessary for the proposed multiple-family residence development. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The Replat is in conformance with the adopted Planned Development standards and with the city’s Subdivision Regulations and Zoning Ordinances. The Planning & Zoning Commission recommended approval subject to additions and/or alterations to the engineering plans as required by the Public Works Department. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. ATTACHMENTS: 1. Anna Town Center, Block A, Lot 5R Locator Map 2. RESOLUTION - (R) ANNA TOWN CENTER, BL A, LT 5R 3. EXHIBIT A (Stamped) - R (Anna Town Center, Bl A, Lt 5R) N CENTRAL EXPYHELMOKEN FALLS DR CREEK MEADOW DR LAKESHORE DR US HIGHWAY 75FIELDSVIEWDR SCENTRALEXPYWESTFALL DR KAIETEURDRAVERY POINTE DR DEERCHASE DRSPRINGVALLEY WAYH A R D W O O D C T STANLEYFALLSDRNSTANDRIDGEBLVDPARKCHASEDRH A C KBERRY DR HILLSIDE DR W WHITE ST WILEY FARM PENTON LINNS DR WESTPARKDRNIAGARA FALLS DRVICTORIAFALLSDRPARKVIEW DR S B UDDYHAYESBLVDHILLTOPDRCREEKSIDEDRTANUR CASCADE DRCREEKVIEWDRATHABASCA FALLS DR HANAKOA FALLS DRH ARDWOODTRLRHYMERS GLEN DR SUZIE LN S S T A N D R ID G E B LVDCopyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 600 1,200300 Feet January 2023 H:\Notification Maps\Notification Maps\ Replat - Anna Town Center, Block A, Lot 5R CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING ANNA TOWN CENTER, BLOCK A, LOT 5R, REPLAT. WHEREAS, in order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the “City Council”) has adopted Article 9.02 of the Anna City Code of Ordinances (“Subdivision Regulations”); and Article 9.04 (“Zoning Ordinance”) of the Anna City Code of Ordinances; and WHEREAS, Jack Rowe/BTR at Throckmorton LLC has submitted an application for the approval of the Anna Town Center, Block A, Lot 5R, Replat; and WHEREAS, Anna Town Center, Block A, Lot 5R, Replat conforms to the existing zoning; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Replat The City Council hereby approves the Anna Town Center, Block A, Lot 5R, Replat attached hereto as Exhibit A subject to additions and/or alterations to the engineering plans as required by the Public Works Department. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 14th day of February, 2023. ATTEST: APPROVED: _____________________________ ____________________________ City Secretary, Carrie L. Land Mayor, Nate Pike CALLED 51.195 ACRES TWO-J PARTNERS, LLLP INST. NO. 20080509000562500 O.P.R.C.C.T. LOT 3 BLOCK G CREEKSIDE PHASE 3 CAB. P, PG. 623 P.R.C.C.T. CALLED 1.809 ACRES CITY OF ANNA, TEXAS INST. NO. 20150623000757290 O.P.R.C.C.T. BLOCK A, LOT 7 ANNA TOWN CENTER VOL. 2019, PG. 776 P.R.C.C.T. BLOCK A, LOT 8 ANNA TOWN CENTER VOL. 2019, PG. 776 P.R.C.C.T. BLOCK A, LOT 6R ANNA TOWN CENTER VOL. 2020, PG. 822 P.R.C.C.T. BLOCK A, LOT 5R 14.894 ACRES 648,794 SQ. FT. 10' DRAINAGE ESMT. VOL. 2019, PG. 776 P.R.C.C.T. 10' DRAINAGE ESMT. VOL. 2019, PG. 776 P.R.C.C.T. 10' D.E. VOL. 2019, PG. 776 P.R.C.C.T. 10' DRAINAGE ESMT. VOL. 2019, PG. 776 P.R.C.C.T. 10' DRAINAGE ESMT. VOL. 2019, PG. 776 P.R.C.C.T. (80' RIGHT OF WAY) HACKBERRY DRIVE 25' B.L. 25' B.L. 25' B.L.25' B.L.25' B.L.25' B.L.25' B.L.20' PERMANENT WATER EASEMENT CITY OF ANNA, TEXAS INSTR. NO. 20150623000757320 R.P.R.C.C.T. 20' PERMANENT WATER EASEMENT CITY OF ANNA, TEXAS INSTR. NO. 20150623000757320 20' PERMANENT WATEREASEMENT CITY OF ANNA, TEXASINST. NO. 20150623000757320O.P.R.C.C.T.10' WATER ESMT.VOL. 2019, PG. 776P.R.C.C.T.10' UTILITY ESMT.VOL. 2019, PG. 776P.R.C.C.T.10' UTILITY ESMT. VOL. 2019, PG. 776 P.R.C.C.T. 20' LANDSCAPE ESMT. VOL. 2019, PG. 776 P.R.C.C.T.VOL. 2019, PG. 77620' LANDSCAPE ESMT.VOL. 2019, PG. 776P.R.C.C.T.20' LANDSCAPE ESMT.VOL. 2019, PG. 776P.R.C.C.T.P.R.C.C.T.TEMPORARY 15' DRAINAGEEASEMENT INST. NO.20170828001147040O.P.R.C.C.T.3/8" IRF 5/8" IRFC "KHA" 5/8" IRFC "KHA" 5/8" IRFC "KHA" 5/8" IRFC "KHA" 5/8" IRFC "KHA" 5/8" IRFC "KHA" 5/8" IRFC "KHA" 5/8" IRSC "KHA" 5/8" IRSC "KHA" P.O.B. 5/8" IRSC "KHA" 5/8" IRFC "KHA" 5/8" IRFC "KHA" 5/8" IRSC "KHA" 5/8" IRSC "KHA" BLOCK A, LOT 5 ANNA TOWN CENTER VOL. 2019, PG. 776 P.R.C.C.T.30' SANITARY SEWER ESMT.VOL. 2019, PG. 776P.R.C.C.T.S0°28'48"W793.34'S89°20'45"E 165.07' ∆=46°57'45" R=335.00' L=274.58' CB=N24°03'40"E C=266.96' N47°32'33"E 81.01' ∆=47°03'45" R=395.00' L=324.45' CB=N24°00'40"E C=315.41' CALLED 107.52 ACRES BTR AT THROCKMORTON LLC INST. NO. 2022000083368 O.P.R.C.C.T.W. S. RATTON SURVEY, ABSTRACT NO. 752F. T. DUFFAU SURVEY, ABSTRACT NO. 288S0°13'51"W1248.17'N0°34'48"E905.97' WATER ESMT(BY THIS PLAT)8' X 15' WATER ESMT(BY THIS PLAT)8' X 10' WATER ESMT (BY THIS PLAT)24' FIRE LANE, UTILITY &DRAINAGE ESMT.(BY THIS PLAT)24' FIRE LANE, UTILITY &DRAINAGE ESMT. (BYTHIS PLAT)24' FIRE LANE, UTILITY &DRAINAGE ESMT. (BYTHIS PLAT)BUDDY HAYES BOULEVARD(60' RIGHT OF WAY)LINE TABLE NO. L1 L2 L3 L4 L5 L7 L8 L9 L10 L14 L15 L16 BEARING S68°38'47"W S68°38'47"W S89°25'12"E N89°25'12"W N89°25'12"W N45°14'47"E N44°46'18"W N45°13'42"E S44°46'18"E S89°46'09"E N89°46'09"W S89°31'12"E LENGTH 40.09' 36.66' 44.13' 44.13' 18.67' 22.84' 3.25' 14.42' 6.77' 8.00' 8.00' 8.00' CURVE TABLE NO. C1 C2 C3 C4 C5 C6 C7 C8 C9 C10 C11 C12 C13 C14 C15 C16 C19 DELTA 40°32'30" 42°56'15" 90°00'00" 68°24'56" 90°00'00" 90°00'00" 90°20'56" 90°00'00" 92°18'06" 40°32'30" 40°32'30" 90°00'00" 68°24'56" 83°59'25" 90°00'00" 89°39'04" 13°39'04" RADIUS 30.00' 54.00' 30.00' 54.00' 30.00' 30.00' 30.00' 30.00' 30.04' 30.00' 30.00' 30.00' 30.00' 30.00' 30.00' 30.00' 325.00' LENGTH 21.23' 40.47' 47.12' 64.48' 47.12' 47.12' 47.31' 47.12' 48.40' 21.23' 21.23' 47.12' 35.82' 43.98' 47.12' 46.94' 77.43' CHORD BEARING S22°11'12"E N20°59'20"W S44°25'12"E N34°26'19"E N45°34'48"E N45°13'51"E S44°35'40"E N44°46'09"W N43°14'01"W S70°18'33"W S69°08'57"E N45°34'48"E N34°26'19"E N41°30'55"W S45°34'48"W N44°35'40"W S16°54'31"W CHORD 20.79' 39.53' 42.43' 60.72' 42.43' 42.43' 42.56' 42.43' 43.33' 20.79' 20.79' 42.43' 33.73' 40.14' 42.43' 42.30' 77.25'V.A.M. ESMT(BY THIS PLAT)8' X 20' WATER ESMT(BY THIS PLAT)WATER ESMT (BY THIS PLAT) LINE TABLE NO. L17 L18 L22 L23 L24 L25 L26 L27 L28 L29 L30 L33 BEARING S00°28'48"W N89°31'12"W N00°34'48"E S89°25'12"E S00°34'48"W N89°31'12"W S00°28'48"W N89°31'12"W N89°25'12"W N00°34'48"E S89°25'12"E S89°25'12"E LENGTH 20.50' 8.00' 7.71' 15.00' 8.00' 8.00' 25.54' 90.25' 8.00' 10.00' 8.00' 8.00' LINE TABLE NO. L34 L35 L36 L37 L38 L39 L40 L41 L42 L43 L44 L45 BEARING N00°34'48"E N89°25'12"W S89°45'15"E N89°45'25"W S00°14'37"W S89°46'09"E S00°13'51"W N89°46'09"W S00°13'51"W S89°46'09"E S00°13'51"W N89°46'09"W LENGTH 10.00' 8.00' 6.99' 8.23' 10.00' 8.00' 10.00' 8.00' 10.00' 8.00' 10.00' 8.00' LINE TABLE NO. L46 L47 L48 L49 L50 L51 L52 L53 L54 L55 L56 L57 BEARING N89°31'12"W S45°34'48"W S23°04'48"W S45°34'48"W N89°31'12"W S00°28'48"W S89°31'12"E N00°34'48"E S89°25'12"E S00°34'48"W N89°31'12"W N00°34'48"E LENGTH 94.12' 8.61' 70.72' 10.30' 8.00' 15.00' 8.00' 8.00' 10.00' 8.00' 8.02' 15.00'N0°28'48"E426.86'S89°25'24"E 111.87' N89°25'12"W 106.87'S0°34'48"W140.50'C1C2C3 L5 C14C15C1648.00' 5.29'177.53'62.01'310.50'31.11'38.58'261.62'10.98'191.50'236.34'C543.00' 4.14'10.87'S0°28'48"W426.84'206.51'L16 L17 L18 L22 L23 L24 L25 L26 L27 L28N28°24'29"E267.47'L49 35.54'L46 L47 L48C19 L50 L51L52 L53 L54 L55 LINE TABLE NO. L58 L59 L60 L61 L62 L63 L64 L65 L66 L67 BEARING S89°31'12"E N00°13'51"E N89°46'09"W S00°13'51"W S89°46'09"E S00°13'51"W N89°46'09"W S21°21'13"E N68°38'47"E N21°21'13"W LENGTH 8.00' 8.00' 10.00' 8.00' 8.00' 10.00' 8.00' 8.00' 10.00' 8.00'88.67'DWG NAME: K:\FRI_SURVEY\069264918-ANNA BTR - ANNA\DWG\069264918 FINAL PLAT VER18.DWG PLOTTED BYNAGLE, JACKSON 1/6/2023 10:28 AM LAST SAVED1/6/2023 10:27 AMScale Drawn by MBM1" = 60' Checked by Date Project No.Sheet No. KHA JAN. 2023 069264918 1 OF 3 NORTH GENERAL NOTES: 1.All corners set are monumented with a 5/8 inch iron rod with red plastic cap stamped "KHA", unless otherwise noted. 2.All bearings shown are based on grid north of the Texas Coordinate System, NAD83, North Central Zone 4202. All dimensions shown are ground distances. To obtain a grid distance, multiply the ground distance by the Project Combined Factor (PCF) of 0.999856573. Vertical Datum NAVD 88. 3.The purpose of the Preliminary Replat is for the development of a multi-family development. APPLICANT: Kimley-Horn and Associates, Inc. 13455 Noel Road, Suite 700 Dallas, TX 75240 Ph: 972.770.1300 Fax: 972.239.3820 Contact: Joseph Hornisher, P.E. FLOOD STATEMENT: According to Community Panel No. 48085C0155J dated June 02, 2009 of the National Flood Insurance Program Map, Flood Insurance Rate Map of Collin County, Texas, Federal Emergency Management Agency, Federal Insurance Administration, this property is within Zone "X", which is not a special flood hazard area. If this site is not within an identified special flood hazard area, this flood statement does not imply that the property and/or the structures thereon will be free from flooding or flood damage. On rare occasions, greater floods can and will occur and flood heights may be increased by man-made or natural causes. This flood statement shall not create liability on the part of the surveyor. REPLAT ANNA TOWN CENTER BLOCK A, LOT 5R 14.894 ACRES OUT OF THE FRANCIS T. DUFFAU, ABSTRACT NO. 288 AND W. S. RATTON SURVEY, ABSTRACT NO. 752, CITY OF ANNA, COLLIN COUNTY, TEXAS JANUARY, 2023 OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY, TEXAS O.P.R.C.C.T. PLAT RECORDS OF COLLIN COUNTY, TEXAS P.R.C.C.T. LEGEND "X" CUT IN CONCRETE FOUNDXF POINT OF BEGINNINGP.O.B. MATCH LINE (SEE SHEET 2 OF 3) VISIBILITY, ACCESS & VAM MAINTENANCE EASEMENT OWNER: BTR at Throckmorton LLC 4900 N. Scottsdale Road, Suite 6000 Scottsdale, AZ 85251 Ph: 469.424.8824 Contact: Jack Rowe ANNA FM 455 (WHITE ST)US HIGHWAY 75CR 368CR 286CREEKSIDE DRVICTORIA FALLS DRCREEKVIEW DRCR 368CR 370 CR 370 N.T.S.VICINITY MAP NORTH EXHIBIT A SHEET 1 OF 3 APPROVED February 6, 2023 P&Z COMMISSION CITY OF ANNA APPROVED February 14, 2023 CITY COUNCIL CITY OF ANNA LOT 2 BLOCK G CREEKSIDE PHASE 2 CAB. P, PG. 60 P.R.C.C.T. BLOCK A 25 26 27 28 29 30 31 32 33 34 35 36 37 LOT 1, BLOCK A WALMART ANNA ADDITION VOL. 2017, PG. 549 P.R.C.C.T. CALLED 107.52 ACRES Q SEMINOLE ANNA TOWN CENTER, L.P. INST. NO. 20080128000100640 O.P.R.C.C.T. BLOCK A, LOT 5 ANNA TOWN CENTER VOL. 2019, PG. 776 P.R.C.C.T.W. S. RATTON SURVEY, ABSTRACT NO. 752W. S. RATTON SURVEY, ABSTRACT NO. 752 THOMAS RATTON SURVEY, ABSTRACT NO. 782 APPROXIMATE LOCATION OF ABSTRACT LINE APPROXIMATELOCATION OFABSTRACT LINEF. T. DUFFAU SURVEY, ABSTRACT NO. 28830' SANITARY SEWER ESMT.VOL. 2019, PG. 776P.R.C.C.T.40' DRAINAGE EASEMENTVOL. 2019, PG. 776P.R.C.C.T.10' DRAINAGE ESMT. VOL. 2019, PG. 776 P.R.C.C.T. 10' DRAINAGE ESMT. VOL. 2019, PG. 776 P.R.C.C.T. TEMP. CONSTRUCTION EASEMENT INST. NO. 20151103001390360 O.P.R.C.C.T.BUDDY HAYES BOULEVARDBUDDY HAYES BOULEVARD60' RIGHT-OF-WAY(60' RIGHT OF WAY)25' B .L .25' B .L .10' WATER ESMT.VOL. 2019, PG. 776P.R.C.C.T.10' UTILITY ESMT.VOL. 2019, PG. 776P.R.C.C.T.10' WATER ESMT. VOL. 2019, PG. 776 P.R.C.C.T.20' LANDSCAPE ESMT.VOL. 2019, PG. 776P.R.C.C.T.20' LANDSCAPE ESMT. VOL. 2019, PG. 776 P.R.C.C.T. 2 0 ' L A N D S C A P E E SM T . V O L . 2 0 1 9 , PG . 7 7 6 P . R . C . C . T . 5/8" IRSC "KHA" XF XF 5/8" IRFC "KHA" 5/8" IRFC "KHA" 5/8" IRFC "KHA" 5/8" IRSC "KHA" 5/8" IRSC "KHA" 5/8" IRFC "KHA" BLOCK A, LOT 6R ANNA TOWN CENTER VOL. 2020, PG. 822 P.R.C.C.T. BLOCK A, LOT 5R 14.894 ACRES 648,794 SQ. FT. LOT 3 BLOCK G CREEKSIDE PHASE 3 CAB. P, PG. 623 P.R.C.C.T. 25' FIRELANE, ACCESS AND DRAINAGE EASEMENT VOL.2017, PG. 549 P.R.C.C.T. 24' FIRELANE, ACCESS AND DRAINAGE EASEMENT VOL.2017, PG. 549 P.R.C.C.T. 15' X 20.4' W.E. VOL.2017, PG. 549 P.R.C.C.T. 15' W.E. VOL.2017, PG. 549 P.R.C.C.T.S0°13'51"W1248.17'N89°46'13"W 215.17' ∆=48°31'41" R=395.00' L=334.55' CB=N24°02'02"W C=324.64' ∆=48°52'40" R=335.00' L=285.78' CB=N23°51'32"W C=277.19'N0°34'48"E905.97'ZONE A (1% ANNUAL CHANCE FLOOD PLAIN) ZONE A (1% ANNUAL CHANCE FLOOD PLAIN)8' X 10' WATER ESMT(BY THIS PLAT)8' X 10' WATER ESMT(BY THIS PLAT)8' X 10' WATER ESMT(BY THIS PLAT)WATER ESMT(BY THIS PLAT)WATER ESMT(BY THIS PLAT)24' FIRE LANE, UTILITY &DRAINAGE ESMT.(BY THIS PLAT)24' FIRE LANE, UTILITY &DRAINAGE ESMT.(BY THIS PLAT)24' FIRE LANE, UTILITY & DRAINAGE ESMT. (BY THIS PLAT)WATER ESMT(BY THIS PLAT)8' X 10' WATER ESMT(BY THIS PLAT)8' X 10' WATER ESMT(BY THIS PLAT)WATER ESMT (BY THIS PLAT) CALLED 107.52 ACRES BTR AT THROCKMORTON LLC INST. NO. 2022000083368 O.P.R.C.C.T.S0°34'48"W448.29'S0°34'48"W307.18'S89°46'09"E 109.60' S89°46'09"E 163.93'S0°13'51"W912.58'N0°13'51"E447.63'C4L1 C 8 L3C10 C11 L4 C12 L7L8 L9L10 130.71'35.76'100.25'101.00'225.02'102.50'344.64'64.40'2.07'93.00'45.82'316.00'194.68'109.59'1.47' 8.65' 3 8 .4 8'C6C 7C914.64' 16.40' 5.89' 10.20' 1.27' 4.13'C137.55' L28 L29 L30 L33 L34 L35 L36 L37 L38 L39 L40 L41 L14 L15 L42 L43 L44 L45 L2 N0°13'51"E326.27'8' X 10' WATER ESMT (BY THIS PLAT)8' X 15' WATER ESMT(BY THIS PLAT)8' X 10' WATER ESMT(BY THIS PLAT)20' WATER EASEMENT INST.NO. 20151103001390320 O.P.R.C.C.T. L56 L57 L58 L59 L60 L61 L62 L63 L64 L65L66 L67 100.43'53.50'DWG NAME: K:\FRI_SURVEY\069264918-ANNA BTR - ANNA\DWG\069264918 FINAL PLAT VER18.DWG PLOTTED BYNAGLE, JACKSON 1/6/2023 10:28 AM LAST SAVED1/6/2023 10:27 AMScale Drawn by MBM1" = 60' Checked by Date Project No.Sheet No. KHA 069264918 2 OF 3 NORTH APPLICANT: Kimley-Horn and Associates, Inc. 13455 Noel Road, Suite 700 Dallas, TX 75240 Ph: 972.770.1300 Fax: 972.239.3820 Contact: Joseph Hornisher, P.E. FLOOD STATEMENT: According to Community Panel No. 48085C0155J dated June 02, 2009 of the National Flood Insurance Program Map, Flood Insurance Rate Map of Collin County, Texas, Federal Emergency Management Agency, Federal Insurance Administration, this property is within Zone "X"(unshaded), which is not a special flood hazard area. If this site is not within an identified special flood hazard area, this flood statement does not imply that the property and/or the structures thereon will be free from flooding or flood damage. On rare occasions, greater floods can and will occur and flood heights may be increased by man-made or natural causes. This flood statement shall not create liability on the part of the surveyor. REPLAT ANNA TOWN CENTER BLOCK A, LOT 5R 14.894 ACRES OUT OF THE FRANCIS T. DUFFAU, ABSTRACT NO. 288 AND W. S. RATTON SURVEY, ABSTRACT NO. 752, CITY OF ANNA, COLLIN COUNTY, TEXAS JANUARY, 2023 MATCH LINE (SEE SHEET 1 OF 3) OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY, TEXAS O.P.R.C.C.T. PLAT RECORDS OF COLLIN COUNTY, TEXAS P.R.C.C.T. LEGEND "X" CUT IN CONCRETE FOUNDXF POINT OF BEGINNINGP.O.B. VISIBILITY, ACCESS & VAM MAINTENANCE EASEMENT GENERAL NOTES: 1.All corners set are monumented with a 5/8 inch iron rod with red plastic cap stamped "KHA", unless otherwise noted. 2.All bearings shown are based on grid north of the Texas Coordinate System, NAD83, North Central Zone 4202. All dimensions shown are ground distances. To obtain a grid distance, multiply the ground distance by the Project Combined Factor (PCF) of 0.999856573. Vertical Datum NAVD 88. 3.The purpose of the Preliminary Replat is for the development of a multi-family development. JAN. 2023 OWNER: BTR at Throckmorton LLC 4900 N. Scottsdale Road, Suite 6000 Scottsdale, AZ 85251 Ph: 469.424.8824 Contact: Jack Rowe ANNA FM 455 (WHITE ST)US HIGHWAY 75CR 368CR 286CREEKSIDE DRVICTORIA FALLS DRCREEKVIEW DRCR 368CR 370 CR 370 N.T.S.VICINITY MAP NORTH EXHIBIT A SHEET 2 OF 3 APPROVED February 6, 2023 P&Z COMMISSION CITY OF ANNA APPROVED February 14, 2023 CITY COUNCIL CITY OF ANNA Copyright © 2021 Kimley-Horn and Associates, Inc. All rights reserved DWG NAME: K:\FRI_SURVEY\069264918-ANNA BTR - ANNA\DWG\069264918 FINAL PLAT VER18.DWG PLOTTED BYNAGLE, JACKSON 1/6/2023 10:28 AM LAST SAVED1/6/2023 10:27 AMScale Drawn by N/A Checked by Date Project No.Sheet No. 3 OF 3 STATE OF TEXAS § § COUNTY OF COLLIN § KNOW ALL MEN BY THESE PRESENTS That I, Michael B. Marx, do hereby certify that I prepared this plat and the field notes made a part thereof from an actual and accurate survey of the land and that the corner monuments shown thereon were properly placed under my supervision. _____________________________________________ Michael B. Marx Registered Professional Land Surveyor Texas Registration No. 5181 Kimley-Horn and Associates, Inc. 6160 Warren Pkwy., Suite 210 Frisco, TX 75034 (972) 335-3580 michael.marx@kimley-horn.com STATE OF TEXAS § § COUNTY OF COLLIN § Before me, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared Michael B. Marx, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purpose and considerations therein expressed. Given under my hand and seal of office, this _______________ day of ________________________________, 2022. ________________________________________________ Notary Public in and for the State of Texas __________________________________ Printed Name __________________________________ My Commission Expires REPLAT ANNA TOWN CENTER BLOCK A, LOT 5R 14.894 ACRES OUT OF THE FRANCIS T. DUFFAU, ABSTRACT NO. 288 AND W. S. RATTON SURVEY, ABSTRACT NO. 752, CITY OF ANNA, COLLIN COUNTY, TEXAS JANUARY, 2023 PRELIMINARY THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE AND SHALL NOT BE USED OR VIEWED OR RELIED UPON AS A FINAL SURVEY DOCUMENT OWNER'S CERTIFICATION NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: THAT BTR AT THROCKMORTON LLC; acting herein by and through their duly authorized officers, do hereby adopt this plat designating the hereinabove described property as ANNA TOWN CENTER, BLOCK A, LOT 5R, an addition to the City of Anna, Texas, and does hereby dedicate, in fee simple, to the public use forever, the streets and alleys shown thereon. The streets and alleys are dedicated for street purposes. The easements and public use areas, as shown, are dedicated for the public use forever, for the purposes indicated on this plat. In addition, utility easements may also be used for the mutual use and accommodation of all public utilities desiring to use or using the same unless the easement limits the use to particular utilities, said use by public utilities being subordinate to the public's and City of Anna's use thereof. The City of Anna and public utility entities shall have the right to remove and keep removed all or parts of any buildings, fences, trees, shrubs, or other improvements or growths which may in any way endanger or interfere with the construction, maintenance, or efficiency of their respective systems in said easements. The City of Anna and public utility entities shall at all times have the full right of ingress and egress to or from their respective easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, reading meters, and adding to or removing all or parts of their respective systems without the necessity at any time of procuring permission from anyone. That the undersigned does hereby covenant and agree that he (they) shall construct upon the fire lane easements, as dedicated and shown hereon, a hard surface and that they shall maintain the same in a state of good repair at all times and keep the same free and clear of any structures, fences, trees, shrubs, or other improvements or obstruction, including but not limited to the parking of motor vehicles, trailers, boats, or other impediments to the access of fire apparatus. The maintenance of paving on the fire lane easements is the responsibility of the owner, and the owner shall post and maintain appropriate signs in conspicuous places along such fire lanes, stating "Fire Lane, No Parking." The police or his duly authorized representative is hereby authorized to cause such fire lanes and utility easements to be maintained free and unobstructed at all times for Fire Department and emergency use. The undersigned does covenant and agree that the access easement may be utilized by any person or the general public for ingress and egress to other real property, and for the purpose of General Public vehicular and pedestrian use and access, and for Fire Department and emergency use, in, along, upon, and across said premises, with the right and privilege at all times of the City of Anna, its agents, employees, workmen, and representatives having ingress, egress, and regress in, along, upon, and across said premises. This approved subject to all platting ordinances, rules, and regulations of the City of Anna, Texas. WITNESS, my hand at ____________, ___________________, this the _______ day of ___________, 2022. BTR at Throckmorton LLC By: _____________________________________________ _____________________________________________ (Printed Name) _____________________________________________ (Title) STATE OF TEXAS § § COUNTY OF ________________§ Before me, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared _______________________ of BTR at Throckmorton LLC, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purpose and considerations therein expressed. Given under my hand and seal of office, this _______________ day of ________________________________, 2022. ________________________________________________ Notary Public in and for the State of Texas __________________________________ Printed Name __________________________________ My Commission Expires Approved this _______ day of ______________________. 2022, by the City Council of the City of Anna, Texas. ________________________ Mayor ________________________ City Secretary MBM KHA 069264918 APPLICANT: Kimley-Horn and Associates, Inc. 13455 Noel Road, Suite 700 Dallas, TX 75240 Ph: 972.770.1300 Fax: 972.239.3820 Contact: Joseph Hornisher, P.E. OWNER'S CERTIFICATE STATE OF TEXAS § COUNTY OF COLLIN § WHEREAS BTR AT THROCKMORTON LLC is the sole owners of the following described tract of land: BEING a tract of land situated in the F. T. Duffau Survey, Abstract No. 288 and the W. S. Ratton Survey, Abstract No. 752, City of Anna, Collin County, Texas, and being all of Block A, Lot 5 of Anna Town Center Addition, Block A, Lots 5-8, an Addition to the City of Anna, Texas, according to the final plat, recorded in Volume 2019, Page 776 of the Plat Records of Collin County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8-inch iron rod with a red plastic cap, stamped “KHA” found for the northernmost corner of said Block A, Lot 5, same being on the easterly right of way line of Throckmorton Boulevard, a 60' wide right of way, same also being on the westerly line of a called 51.195-acre tract of land, described in a deed to Two-J Partners, LLLP, as recorded in Instrument No. 2008050900056262500 of the Official Public Records of Collin County, Texas; THENCE South 00°28'48" West, along the easterly line of said Block A, Lot 5 and the westerly line of said 51.195-acre tract, a distance of 793.34 feet to a wooden fence corner post found for the southwest corner of said 51.195-acre tract; THENCE South 89°20'45" East, continuing along the easterly line of said Block A, Lot 5 and along the southerly line of said 51.195-acre tract, a distance of 165.07 feet to a 3/8-inch iron rod found for the northwest corner of Lot 3, Block G of Creekside Phase 3, an Addition to the City of Anna, Texas, according to the final plat recorded in Cabinet P, Page 623 of the Plat Records of Collin County, Texas; THENCE South 00°13'51" West, continuing along the easterly line of said Block A, Lot 5 and along the westerly line of said Lot 3, Block G, passing the southwest corner of said Lot 3 and the northwest corner of Lot 2, Block G of Creekside Phase 2, an Addition to the City of Anna, Texas, according to the final plat recorded in Cabinet P, Page 60 of the Plat Records of Collin County, Texas, continuing for a distance of 1,248.17 feet to a 5/8-inch iron rod with a red plastic cap, stamped “KHA” found for the southeast corner of said Lot 5; THENCE North 89°46'13" West, along the southerly line of said Block A, Lot 5, a distance of 215.17 feet to a 5/8-inch iron rod with a red plastic cap, stamped “KHA” found for the southerly, southwest corner of said Lot 5, same being on the easterly right of way line of aforesaid Throckmorton Boulevard, same being the beginning of a non-tangent curve to the left with a radius of 395.00 feet, a central angle of 48°31'41", and a chord bearing and distance of North 24°02'02" West, 324.64 feet; THENCE in a northerly direction, along the westerly line of said Block A, Lot 5 and the easterly right of way line of said Throckmorton Boulevard, the following: In a northwesterly direction, with said non-tangent curve to the left, an arc distance of 334.55 feet to a 5/8-inch iron rod with a red plastic cap, stamped “KHA” found for the beginning of a reverse curve to the right with a radius of 335.00 feet, a central angle of 48°52'40", and a chord bearing and distance of North 23°51'32" West, 277.19 feet; In a easterly direction, with said reverse curve to the right, an arc distance of 285.78 feet to a 5/8-inch iron rod with a red plastic cap, stamped “KHA” found for corner; North 00°34'48" East, a distance of 905.97 feet to a 5/8-inch iron rod with a red plastic cap, stamped “KHA” found for the beginning of a tangent curve to the right with a radius of 335.00 feet, a central angle of 46°57'45", and a chord bearing and distance of North 24°03'40" East, 266.96 feet; In a northerly direction, with said tangent curve to the right, an arc distance of 274.58 feet to a 5/8-inch iron rod with a red plastic cap, stamped “KHA” found for corner; North 47°32'33" East, a distance of 81.01 feet to a 5/8-inch iron rod with a red plastic cap, stamped “KHA” found for corner at the beginning of a tangent curve to the left with a radius of 395.00 feet, a central angle of 47°03'45", and a chord bearing and distance of North 24°00'40" East, 315.41 feet; In a northerly direction, with said tangent curve to the left, an arc distance of 324.45 feet to the POINT OF BEGINNING and containing 14.894 acres (648,794 square feet) of land, more or less. JAN. 2023 OWNER: BTR at Throckmorton LLC 4900 N. Scottsdale Road, Suite 6000 Scottsdale, AZ 85251 Ph: 469.424.8824 Contact: Jack Rowe ANNA FM 455 (WHITE ST)US HIGHWAY 75CR 368CR 286CREEKSIDE DRVICTORIA FALLS DRCREEKVIEW DRCR 368CR 370 CR 370 N.T.S.VICINITY MAP NORTH EXHIBIT A SHEET 3 OF 3 APPROVED February 6, 2023 P&Z COMMISSION CITY OF ANNA APPROVED February 14, 2023 CITY COUNCIL CITY OF ANNA Item No. 6.h. City Council Agenda Staff Report Meeting Date: 2/14/2023 Staff Contact: Ross Altobelli AGENDA ITEM: Approve a Resolution regarding the Anna Town Center, Block A, Lot 5R, Site Plan. (Director of Development Services Ross Altobelli) SUMMARY: Multiple-family residences on one lot on 14.9± acres located on the east side of Throckmorton Boulevard, 38± feet south of Hackberry Drive. Zoned Planned Development (Ord. No. 648-2014 & Ord. No. 974-2022). The purpose of the Site Plan is to show the proposed multiple-family residence development. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The Site Plan is in conformance with the adopted Planned Development standards and the city’s Subdivision Regulations and Zoning Ordinances. The Planning & Zoning Commission recommended approval subject to additions and/or alterations to the engineering plans as required by the Public Works Department. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. ATTACHMENTS: 1. Anna Town Center, Block A, Lot 5R Locator Map 2. RESOLUTION - (SP) ANNA TOWN CENTER, BL A, LT 5R 3. EXHIBIT A (Stamped) - SP (Anna Town Center, Bl A, Lt 5R) N CENTRAL EXPYHELMOKEN FALLS DR CREEK MEADOW DR LAKESHORE DR US HIGHWAY 75FIELDSVIEWDR SCENTRALEXPYWESTFALL DR KAIETEURDRAVERY POINTE DR DEERCHASE DRSPRINGVALLEY WAYH A R D W O O D C T STANLEYFALLSDRNSTANDRIDGEBLVDPARKCHASEDRH A C KBERRY DR HILLSIDE DR W WHITE ST WILEY FARM PENTON LINNS DR WESTPARKDRNIAGARA FALLS DRVICTORIAFALLSDRPARKVIEW DR S B UDDYHAYESBLVDHILLTOPDRCREEKSIDEDRTANUR CASCADE DRCREEKVIEWDRATHABASCA FALLS DR HANAKOA FALLS DRH ARDWOODTRLRHYMERS GLEN DR SUZIE LN S S T A N D R ID G E B LVDCopyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 600 1,200300 Feet January 2023 H:\Notification Maps\Notification Maps\ Replat - Anna Town Center, Block A, Lot 5R CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING ANNA TOWN CENTER, BLOCK A, LOT 5R, SITE PLAN. WHEREAS, in order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the “City Council”) has adopted Article 9.02 of the Anna City Code of Ordinances (“Subdivision Regulations”); and Article 9.04 (“Zoning Ordinance”) of the Anna City Code of Ordinances; and WHEREAS, Jack Rowe/BTR at Throckmorton LLC has submitted an application for the approval of the Anna Town Center, Block A, Lot 5R, Site Plan; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Site Plan The City Council hereby approves the Anna Town Center, Block A, Lot 5R, Site Plan attached hereto as Exhibit A subject to additions and/or alterations to the engineering plans as required by the Public Works Department. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 14th day of February, 2023. ATTEST: APPROVED: _____________________________ ____________________________ City Secretary, Carrie L. Land Mayor, Nate Pike S F S W U S S U S F S U S UU W U FL 96 H=673.4±S TEEEE2A 2C 2C 2C-M 2C 2C 2C 2C-M 2C-M 2C 2C 2C 2C 2C 2C 2C2A 2C2C 2B2C 2C 2C 2C 2C2C-S 2C 2C 2C 2C-W 2C 2C-W 2C-M 2C-M 1A-S 1A-S 1A-S 1A-S 1A 1B 1B 1B-S 1B-S 1B-S 1B-S 1B 1C 1C-S 1C-S 1C-S 1C1C 2B 2B-M 2B-M2B-M 2B 2B 2B2B 2B2B2A-M 2B-M 2B-S 2B 2B 2B 2B 2B 2B 2B 2B 2B 2B 2B 2B 2B 2B 2B 2B-S 2B 2B2B2B2C2B2B2C 2A 2B 2A 2A 2A 2C 2C 2A 2A 2A 2A-M 2A 2A 2C 2A 2A 2A2A2A2B2B 2B 2A2A 706.20 FF 705.43 FF 703.90 FF 703.33 FF 702.63 FF 707.81 FF 712.90 FF 710.92 FF 708.62 FF 707.56 FF 707.50 FF 706.25 FF 706.25 FF 705.50 FF 705.50 FF 710.00 FF 709.50 FF 709.50 FF 709.25 FF 708.75 FF 708.25 FF 707.75 FF 707.75 FF 707.25 FF 707.25 FF 706.75 FF 706.50 FF 706.00 FF 705.50 FF 705.00 FF 705.00 FF 704.50 FF 704.50 FF 704.00 FF 704.00 FF 703.50 FF 703.50 FF 704.00 FF 703.75 FF 711.25 FF 711.25 FF 711.50 FF 708.11 FF 708.50 FF708.50 FF709.50 FF 710.75 FF 710.25 FF 710.25 FF 709.75 FF 710.00 FF712.00 FF712.00 FF 710.50 FF 710.50 FF 712.25 FF713.25 FF713.25 FF714.00 FF714.00 FF715.25 FF 713.25 FF714.00 FF714.00 FF714.75 FF714.75 FF715.50 FF715.50 FF 710.00 FF710.00 FF 715.75 FF 715.50 FF 715.00 FF 714.75 FF 714.50 FF 714.00 FF 713.50 FF 713.00 FF 712.75 FF 712.50 FF 714.50 FF 714.00 FF 713.25 FF 712.75 FF 712.25 FF 711.50 FF 710.50 FF 710.50 FF 710.00 FF 710.00 FF 709.50 FF 708.75 FF 707.50 FF 704.25 FF 709.50 FF 709.25 FF 708.25 FF 708.00 FF 707.75 FF 707.00 FF 706.50 FF 706.00 FF 705.75 FF 705.25 FF 705.00 FF 704.50 FF 704.50 FF 709.00 FF 709.25 FF 708.75 FF 708.50 FF 708.00 FF 708.25 FF 707.50 FF 711.50 FF 711.25 FF 710.50 FF 710.25 FF 709.50 FF 708.75 FF 708.25 FF 707.50 FF 706.75 FF 706.00 FF 705.25 FF UNIT 100 UNIT 101 UNIT 102 UNIT 103 UNIT 104 UNIT 105 UNIT 106 UNIT 107 UNIT 108 UNIT 109 UNIT 110 UNIT 111 UNIT 10 UNIT 11 UNIT 12 704.50 FF 704.25 FF 703.75 FF 704.50 FF UNIT 200 UNIT 201 UNIT 202 UNIT 203 UNIT 204 UNIT 205 UNIT 206 UNIT 207 UNIT 208 UNIT 209 UNIT 210 UNIT 211 UNIT 212 UNIT 213 UNIT 214 UNIT 215 UNIT 216 UNIT 217 UNIT 218 UNIT 219 UNIT 220 UNIT 221 UNIT 222 UNIT 223UNIT 224UNIT 225UNIT 226UNIT 227UNIT 228UNIT 229UNIT 230UNIT 231UNIT 232UNIT 233UNIT 234 UNIT 300 UNIT 301 UNIT 302 UNIT 303 UNIT 304 UNIT 305 UNIT 306 UNIT 307 UNIT 308 UNIT 309 UNIT 310 UNIT 311 UNIT 312 UNIT 313 UNIT 314 UNIT 315 UNIT 316 UNIT 317 UNIT 318 UNIT 319 UNIT 320 UNIT 321 UNIT 322 UNIT 323 UNIT 400 UNIT 401 UNIT 402 UNIT 403 UNIT 404 UNIT 405 UNIT 406 UNIT 407 UNIT 408 UNIT 409 UNIT 410 UNIT 411 UNIT 412 UNIT 413 UNIT 414 UNIT 415 UNIT 416 UNIT 417 UNIT 418 UNIT 419 UNIT 420 UNIT 421 UNIT 422 UNIT 423 UNIT 424 UNIT 425 UNIT 426 UNIT 427 UNIT 428 UNIT 429 UNIT 430 UNIT 516 UNIT 518 UNIT 520 521 UNIT 522 UNIT 523 UNIT 524 UNIT 525 UNIT 526 UNIT 527 UNIT 528UNIT 529 UNIT 530 UNIT 531 UNIT 532 603 UNIT 605 UNIT 607 608 UNIT 609 UNIT 610 UNIT 611 UNIT 612 UNIT 613 UNIT 614 UNIT 615 UNIT 616 UNIT 617 UNIT 618 UNIT 619 UNIT 620 UNIT 621 UNIT 20 UNIT 21 UNIT 22 UNIT 60 UNIT 61 UNIT 23 UNIT 51 UNIT 24 CI CI CI CI CI CI DDDWWW W W W W W WWWWWWWWWWWWWWWWWWWWWWWWWWW W W W W W W W W W W WWWSSSSSS SS SS SS SS SS SS SS SS SS SS SSSSSSSSSS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SSSSSSSSWWWWWWWWWWWWWWWWWWWWWWWWWWWWSSSSSSFL FL FL FL FL FL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FL FL FL FL FLFLFLFL FL FL FL FL FL FL FL FL FL FL FL FL FL FL FL FL FL FL FL FLF L FLFLFL FL FL FL FL FL FL FLFLFLFLFL FL FL FL FL FL FL FL FLFLC C C C FLFLFLFLFLFLFLFLFLFLFLFLCCXXXXXXXXXXXXXXXXXXXXXXXXBARBARBARBARBARBAR BAR BAR BAR BAR BAR BAR BAR BARBARBARBARBARBARBAR BAR E50 GALWH208010.0'S89°46'13"E215.17'S0°13'51"W 1248.17'S89°20'45"E165.07'N0°34'48"E905.97' R =3 3 5 .0 0 '∆=4 8 °5 2 '4 0 "L =2 8 5 .7 8 'C B =N 2 3 °5 1 '3 2 "W C =2 7 7 .1 9 'R=395.00'∆=48°31'41"L=334.55'CB=N24°02'02"W C=324.64'10' 24.0'291.9'460.2'36.9'20'20'24'9' 2 3 4 4 4 6 2 5 2 4 2 4 6 2 311 4 5 4 2 6 86.0' 6 6 6 6 66 6 666 2 44 6 4 3 4444 4 4 66 5 3 4466 6 16 6 6 226365 1 2 3 6 3 34 4 271371 2 7 1 1 710 709 707 705 70270 3 704 690 695700688 689 691 692 6 9 3 69 4 6 9 6 6 9 7 6986 9 9 711 710 711 70 9 70 8 706 707 700 705 69 6 697698699701702703704 706707 708 695 700 696 697 698 699 690 695 691692 693694696697698699 EXIST. 15" SSWR PROP. DOG RUN (39,050 SF)6957007056936946966976986997017027 0 3704706 707708695 694 696 6 8 5 69 0 6 8 6 6 8 7 68 868969 1692 705 71 0 701 702 703 704 706 70 770 8 70 9 71 1 71 2 71 5 7 1 6 7 1 7 710 711 712 713 714710707708709 710 706 707 708 709 POOL EXISTING 30' UTILITY EASEMENT VOL.2019, PG. 776 P.R.C.C.T. 25' REAR SETBACK 20' REAR SETBACK EXISTING 40' DRAINAGE EASEMENT VOL. 2019, PG. 776 P.R.C.C.T. 10' SIDE SETBACK 10' x 14' DUMPSTER ENCLOSURE (TYP.) 6' FENCE BETWEEN UNITS GATED ENTRY CALL BOX 4' CONCRETE SIDEWALK (TYP.) GARAGE (TYP.) GARAGE (TYP.)GARAGE(TYP.)GARAGE (TYP.) GARAGE (TYP.) GARAGE (TYP.) GARAGE (TYP.) GARAGE (TYP.)GARAGE(TYP.)8' MASONRY FENCE EXISTING 20' LANDSCAPE BUFFER VOL.2019, PG. 776 P.R.C.C.T.FENCED IN PRIVATE YARD TO EXTEND TO LANDSCAPE BUFFER (TYP.) 25' FRONT BUILDING SETBACK EXISTING 10' UTILITY EASEMENT VOL.2019, PG. 776 P.R.C.C.T. 8' MASONRY FENCE FENCED IN PRIVATE YARD TO EXTEND TO LANDSCAPE BUFFER (TYP.) RESIDENT ONLY SLIDING GATE W/ KNOX BOX AND OPTICOM W/ 25' CAR STACKING ZONE 4' CONCRETE SIDEWALK (TYP.) 5' CONCRETE SIDEWALK (TYP.) 10' x 14' DUMPSTER ENCLOSURE (TYP.) 10' x 26' DUMPSTER ENCLOSURE PROPOSED 24' F.L.U.D EASEMENT PROPOSED 24' F.L.U.D EASEMENT PROPOSED 24' F.L.U.D EASEMENT GARAGE (TYP.) 0'-10' RETAINING WALL PROPOSED 6' ORNAMENTAL FENCING 758' BETWEEN DRIVEWAYS 6' ORNAMENTAL FENCING WHEN CROSSING EXISTING DRAINAGE EASEMENT 6' ORNAMENTAL FENCING W/ 20' GATE WHEN CROSSING EXISTING DRAINAGE & SEWER EASEMENT REF. LA PLANS FOR DETAIL MASONRY WALL PROPOSED POINT OF ENTRY FOR DOG RUN (TYP.) PROPOSED POINT OF ENTRY FOR DOG RUN (TYP.) NO V.A.M. REQUIRED DUE TO ROADWAY GEOMETRY NO V.A.M. REQUIRED DUE TO ROADWAY GEOMETRY GARAGE (TYP.) 3,500 S.F. DOG PARK PROP. REMOTE FDC'S RESIDENT ONLY SLIDING GATE W/ KNOX BOX AND OPTICOM RESIDENT ONLY SLIDING GATE W/ KNOX BOX AND OPTICOM S F S U S S U S S E1A 2C 2B 2C 2C 2C-M 2C 2C-M 2C 1B1A 1B 1C 2C 2B2A 2B-S 2B 2B-M 2A-M 2A 714.36 FF 715.25 FF716.00 FF716.00 FF716.75 FF716.75 FF717.25 FF 717.00 FF 715.50 FF716.00 FF716.00 FF716.75 FF 716.50 FF 716.00 FF 715.75 FF 717.50 FF 717.50 FF 716.75 FF 716.25 FF 715.75 FF 715.25 FF 714.50 FF UNIT 500 UNIT 501 UNIT 502 UNIT 503 UNIT 504 UNIT 505 UNIT 506 UNIT 507 UNIT 508 UNIT 509 UNIT 510 UNIT 511 UNIT 512 UNIT 513 UNIT 514 UNIT 515 UNIT 517 UNIT 519 UNIT 521 UNIT 600 UNIT 601 UNIT 602 UNIT 603 UNIT 604 UNIT 606 UNIT 608 UNIT 50 WWWWWWW W W W SS SS SS SSS WWWWWWWWWWWSSSSSSFL FL FL FL FL FL FL FLFLFLFLFLFLFLCCXXXXXXXXX5.0' S0°28'48"W 793.34' R = 3 9 5 . 0 0 '∆ = 4 7 ° 0 3 '4 5 "L = 3 2 4 . 4 5 'C B = N 2 4 ° 0 0 ' 4 0 " E C = 3 1 5 . 4 1' R = 3 3 5.00' ∆ = 4 6°5 7'45" L = 2 7 4.58' C B = N 2 4°03'40"E C = 2 6 6.96' 2 4 . 0 '5.5'18'24'18'10.0'10.0'20.0'4.5'2 4 119.6' 66 661 3 3 4 4 715714716 10'71 8 718 716 717 715 714 FENCED IN PRIVATE YARD TO EXTEND TO PROPERTY (TYP.) SIDEWALK EXTENDING TO EACH UNIT (TYP.) CAR PORT (TYP.) FRONT OF BUILDING BACK PATIO 5' CONCRETE SIDEWALK (TYP.) GARAGE (TYP.) RESIDENT ONLY SLIDING GATE W/ KNOX BOX AND OPTICOM W/ 25' CAR STACKING ZONE 10' x 26' DUMPSTER ENCLOSURE PROPOSED 24' F.L.U.D EASEMENT 745' BET W E E N D R I V E W A Y S PROPOSED V.A.M. EASEMENT - REMAINING V.A.M. EASEMENTS LOCATED IN RIGHT OF WAY 8' MASONRY WALL 8' MASONRY FENCE ALONG V.A.M. 25' FRONT BUILDING SETBACK EXISTING 20' LANDSCAPE BUFFER VOL.2019, PG. 776 P.R.C.C.T. 8' MASONRY FENCE EX. SIDEWALK NO APPURTENANCE BETWEEN THE HEIGHT OF 2.5' & 10' MAY BE PLACED IN THE VISIBILITY TRIANGLE S 2C 2C-M 2C 2B-M 2A-M 715.25 FF 715.50 FF716.00 FF 716.00 FF 715.75 FF 715.25 FF 714.50 FF UNIT 514 519 UNIT 521 601 UNIT 603 606 UNIT 608 WW SS WSFL FLX4.5'6 4 71 8 716 717 714 U 2A 2C 2B-M 2A-M 712.90 FF 715.25 FF 715.50 FF715.50 FF 715.75 FF 715.50 FF 714.50 FF 714.00 FF UNIT 516 521 UNIT 523 603 UNIT 605 608 UNIT 610 UNIT WW SS WFL FLX10.0' 2 6 2 4713 7 1 7 2B 714.00 FF UNIT 613 XXX1C-S 708.62 FF 710.50 FF UNIT 229UNIT 230 XXX4 710.92 FF UNIT 61 SS SS SS 20.0'45.0' 11.25' 11.25'11.25' 11.25'This document, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization and adaptation by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc.BYDATEAS SHOWNREVISIONSNo.DATESHEET NUMBER CHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECTLAST SAVED1/6/2023 9:59 AMPLOTTED BYDELLS, CHRIS 1/6/2023 1:23 PMDWG PATHK:\DAL_CIVIL\069264918-ANNA BTR\CAD\PLAN SHEETSDWG NAMEC-SITE-F.DWG , [ 24x36 ]IMAGESXREFS x2436 : xBase : xBndy_069264918 : xExUtil_069264918 : xSswr : xWatr : xHatch : xStrm : oFG_069264918 : xEsmt : xLabel : xExBase : xHscp : xLscpCITY OF ANNA, TEXAS01/06/2023069264918CTC AT ANNATOWN CENTERPREPARED FORTAYLOR MORRISON© 2023 KIMLEY-HORN AND ASSOCIATES, INC.PHONE: 972-770-1300 FAX: 972-239-3820WWW.KIMLEY-HORN.COM TX F-92813455 NOEL RD. TWO GALLERIA OFFICE TOWERSUITE 700 DALLAS, TX 75240CMDCMDJWHSITE PLANC-101NORTHMATCH LINE STAA-ASITE PLAN ANNA TOWN CENTER BLOCK A, LOT 5R 14.89 A.C. FRANCIS T. DAFFAU SURVEY, A-288 W.S. RATTON SURVEY, A-752, CITY OF ANNA, COLLIN COUNTY, TEXAS ENGINEER/SURVEYOR: KIMLEY-HORN AND ASSOCIATES, INC 13455 NOEL ROAD, TWO GALLERIA OFFICE TOWER, SUITE 700 DALLAS, TEXAS 75240 TEL. NO. 972-770-1300 CONTACT: JOSEPH HORNISHER, P.E. THE SITE PLAN IS FOR CITY REVIEW ONLY TO ILLUSTRATE COMPLIANCE WITH ZONING AND DEVELOPMENT REGULATIONS. IT IS NOT INTENDED FOR CONSTRUCTION PURPOSES. DEVELOPER: TAYLOR MORRISON 6735 SALT CEDAR WAY BUILDING 1, SUITE 200 FRISCO, TEXAS 75034 PHONE: 469-252-2194 CONTACT: JACK ROWE BUDDY HAYES BOULEVARD ThrockmortonCreekLair 75 455 KEERCEN VICINITY MAP SUBJECT SITE US 75FM 455 MATCH LINE STAA-APROPERTY LINE PROPOSED FIRE LANE PROPOSED CURB PROPOSED PARKING COUNT PROPOSED CARPORT PROPOSED FIRE, UTILITY, AND DRAINAGE EASEMENT LEGEND FL 12 WATER METER WATER METER SCHEDULE PROPOSED NUMBER OF METERS - 2" DOMESTIC PROPOSED NUMBER OF METERS - 1" IRRIGATION 10 1 STANDARD 2 - BEDROOM 37.9'10'10' MIN30.2'10'4' SIDEWALK BACKYARD STANDARD 1 - BEDROOM 10' MIN29.7'10'5' SIDEWALK AT BACK OF PARKING BACKYARD 10.0'27.0'10.0'27.0' F.L.U.D. STANDARD GARAGE 10' BUILDING NUMBER 1 = 1 BEDROOM DUPLEX 2 = 2 BEDROOM A,B,C = ELEVATION STYLE M = MIRRORED UNIT S = ALTERNATE SANITARY CONNECTION (BACK) W = ALTERNATE WATER CONNECTION ( FLIPPED) NOTES NORTH ACCORDING TO FLOOD PLAIN INSURANCE RATE MAP (FIRM), MAP #48085C0160J PREPARED BY THE FEDERAL EMERGENCY MANAGENET AGENCY (FEMA) FOR COLLIN COUNTY, TEXAS, THIS PROPERTY IS WITHIN ZONE X FLOODPLAIN NOTE EXHIBIT A APPROVED February 14, 2023 CITY COUNCIL CITY OF ANNA APPROVED February 6, 2023 P&Z COMMISSION CITY OF ANNA Item No. 6.i. City Council Agenda Staff Report Meeting Date: 2/14/2023 Staff Contact: Ross Altobelli AGENDA ITEM: Approve a Resolution regarding the Serenity at the Square, Block A, Lot 1, Preliminary Plat. (Director of Development Services Ross Altobelli) SUMMARY: Multiple-family residences on one lot on 11.0± acres located at the northeast corner of E. Finley Boulevard and Sharp Street. Zoned: Planned Development (Ord. No. 129- 2004, Ord. No. 691-2015, & Ord. No. 980-2022). The purpose of the Preliminary Plat is to propose lot and block boundaries and easements necessary for the future construction of the multiple-family residential development. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The Preliminary Plat is in conformance with the adopted Planned Development standards and with the city’s Subdivision Regulations and Zoning Ordinances. The Planning & Zoning Commission recommended approval subject to additions and/or alterations to the engineering plans as required by the Public Works Department. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. ATTACHMENTS: 1. Serenity at the Square, Block A, Lot 1 Locator Map 2. RESOLUTION (PP) Serenity at the Square, Block A, Lot 1 3. Exhibit A (Stamped) - Preliminary Plat - Serenity Square SOFI ALNJE S SIC A LY N N L N LILIANA LN ELENA DRMASTON DRCAINDRSHARP ST W A R N E R D R BROCK DR ADELYNSTROCKETBENDDRINDIANOLA TRLGRAHAMRDMA T H E W D R H AVEN DR SU S A N S T E L IZ A B E T H S T AM Y B L V D NUEHOFFDRF L O R ENCE WAY WILSONDRR O B E R T S T P E N N Y ST NELSONSTBURGERT DRANNECTERROL STCOUNTY ROAD 422 THAYNEDRHILLRICHDRDEYADRSUNBEAM CVLEONARDAVEASKEWDRS POWELL PKWYE FINLEY BLV D BROOK DR Copyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 400 800200 Feet January 2023 H:\Notification Maps\Notification Maps\ Preliminary Plat - Serenity at the Square, Block A, Lot 1 CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING SERENITY AT THE SQUARE, BLOCK A, LOT 1, PRELIMINARY PLAT WHEREAS, In order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the “City Council”) has adopted Article 9.02 (“Subdivision Regulations”) and Article 9.04 (“Zoning Ordinance”) of the Anna City Code of Ordinances; and WHEREAS, Baseer, LLC & Clear Water Commons, LLC have submitted an application for approval of the Serenity at the Square, Block A, Lot 1, Preliminary Plat; and WHEREAS, Serenity at the Square, Block A, Lot 1, Preliminary Plat conforms to the existing zoning; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Preliminary Plat The City Council hereby approves the Serenity at the Square, Block A, Lot 1, Preliminary Plat attached hereto as Exhibit A subject to additions and/or alterations to the engineering plans as required by the Public Works Department. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 14th day of February, 2023. ATTEST: APPROVED: _____________________________ ____________________________ City Secretary, Carrie L. Land Mayor, Nate Pike 0 N 10050 1" = 50' SCALE IN FEET SHEET 1 OF 2 TBPELS NO. 10194303 PJB SURVEYING, LLC 972-649-6669 ALLEN, TEXAS 75013 200 W. BELMONT, SUITE D SURVEYOR LEGEND VICINITY MAP NOT TO SCALE R.O.W. PG. VOL. INST. NO. P.R.C.C.T. D.R.C.C.T. O.P.R.C.C.T. (C.M.) FIP FIR Right-of-Way Page Volume Instrument Number County Texas Plat Records Of Collin County Texas Deed Records Of Collin Of Collin County Texas Official Public Records Controlling Monument Found Iron Pipe (as noted) Found Iron Rod (as noted) Unless otherwise noted (W/Red PJB SURVEYING Cap) 1/2" Set Iron Rod Monument Found (as noted) SITE (60 Feet Width Right-of-Way) (Vol. 2015, Pg. 262 P.R.C.C.T.) (Vol. 2016, Pg. 780, P.R.C.C.T.)(80 Feet Width Right-of-Way)(Vol. 2018, Pg. 693 P.R.C.C.T.)ABSTRACT NO. 798 GRANDERSON STARK SURVEY Deed LineO.P.R.C.C.T. Instrument No. 2022010000334 Anna Crossing Villas (50 Feet Width Right-of-Way) LILIANA LANE (Inst. No. 2022010000334, O.P.R.C.C.T.) CAP "RPLS 4838" 5/8" FIR w/ CAP "RPLS 4838" 5/8" FIR w/ CAP (C.M.) "RPLS 4838" 5/8" FIR w/ CAP (C.M.) "RPLS 4838" 5/8" FIR w/ CAP "RPLS 4838" 5/8" FIR w/ CAP "RPLS 4838" 5/8" FIR w/ CAP "RPLS 4838" 5/8" FIR w/ CAP "RPLS 4838" 5/8" FIR w/260.36'16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 BLOCK 1 BLOCK 1 PLAT PRELIMINARY BEGINNING POINT OF CAP (C.M.) "RPLS 4838" 5/8" FIR w/ 1 2 3 4 5 6 7 BLOCK 1 P.R.C.C.T. Vol. 2020, Pg. 272 Anna Crossing Phase 5 15' U.E. TRACT 3 H.O.A. LOT UTILITY EASEMENT LANDSCAPE, ACCESS & TRACT 2 H.O.A. LOTDRAINAGE EASEMENTH.O.A. TRACT 6XINST. NO. 2022010000334 EASEMENT 5' WALL MAINTENANCEN 31°18'05" E 413.64'S 47°41'46" E 415.17' = 381.89' = S64°55'07"E = 387.70' = 645.00' = 34°26'23" CH CB L R D S 82°08 '18" E 263 .42 'S 00°34'03" W 234.31'N 89°26'10" W 828.43' CH CB L R D = 36.00' = S88°22'08"W = 36.01' = 470.00' = 04°23'23" BLOCK A LOT 1 479,917 Sq. Ft. 11.0174 Acres 11.0174 ACRES BEING A PLAT OF LOT 1 BLOCK A CAP "RPLS 4838" 5/8" FIR w/ = 429.95' = N67°16'45"W = 440.85' = 570.00' = 44°18'51" CH CB L R D 10.00' N 44°15'26" W = 227.27'= N38°29'58"E= 227.88'= 900.00'= 14°30'26"CHCBLRD(BY THIS PLAT) UTILITY EASEMENT 26' FIRE LANE & (BY THIS PLAT)UTILITY EASE MENT 26' FIRE LANE & (BY THIS PLAT) UTILITY EASEMENT 26' FIRE LANE & (BY THIS PLAT) UTILITY EASEMENT 26' FIRE LANE & (BY THIS PLAT) UTILITY EASEMENT 26 ' FIRE LANE & 702-373-2993 Frisco, TX 75035 13861 Adare Manor Lane ENGINEER Urban Engineers Group, Inc. 214-252-1600 Dallas, TX 75207 167 Trurtle Creek Blvd. Ste. A P.R.C.C.T. Vol. 2015, Pg. 262 Phase 1A Anna Crossing SHARP STREET THAYME DRIVE(50 Feet Width Right-of-Way)(Vol. 2015, Pg. 262 P.R.C.C.T.)MASTON DRIVE(Vol. 2015, Pg. 262 P.R.C.C.T.)(Variable Width Right-of-Way)N SHARPFINLEYDARTPOWELLC.R. 423LEONARDLILIA N A DEYA ELENAERROL(BY THIS PLAT) EASEMENT 15' WATER (BY THIS PLAT) EASEMENT 15' WATER (BY THIS PLAT)EASE MENT 15' WATER (BY THIS PLAT) EASEMENT 15' WATER (BY THIS PLAT) EASEMENT 15' WATER (BY THIS PLAT) EASEMENT 15' WATER (BY THIS PLAT) EASEMENT 15' WATER (BY THIS PLAT) EASEMENT 15' WATER (BY THIS PLAT) EASEMENT 15' WATER (BY THIS PLAT) EASEMENT 15' WATER (BY THIS PLAT) EASEMENT 15' WATER (BY THIS PLAT) EASEMENT 15' WATER (BY THIS PLAT) EASEMENT 15' WATER (BY THIS PLAT) EASEMENT 15 ' DRAINAGE ERROL STREET(Vol. 2020, Pg. 272 P.R.C.C.T.)(50 Feet Width Right-of-Way)(BY THIS PLAT) EASEMENT 15' WATER (BY THIS PLAT) EASEMENT 15' WATER prepared September 19, 2022. "PJB SURVEYING" caps set were established with a Boundary Survey building certificates. statutes and is subject to fines and withholding of utilities and a violation of the city Subdivision Ordinance and State platting Selling off a portion of this addition by metes and bounds is Flood Insurance Rate Map No. 48085C0160J, dated June 2, 2009. be outside the 0.2% annual chance floodplain, as identified on Property is located in non-shaded Zone X, areas determined to Adjustment Realization 2011. North Texas Zone 4202, North American Datum of 1983, Bearings are referenced to the State Plane Coordinate System, tract of land. out of one (1) 9.919 acre tract of land and one 1.096 acre The purpose of this replat is to create one (1) lot 5. 4. 3. 2. 1. General Notes: 156.67'671.76' 194 .22 '69.20 'UPON AS A FINAL SURVEY DOCUMENT ANY PURPOSE AND SHALL NOT BE USED OR VIEWED OR RELIED PRELIMINARY, THIS DOCUMENT SHALL NOT BE RECORDED FORS 00°00'00" W 120.00'N 00°00'00" E 118.70'CH CB L R D = 29.41' = N29°20'57"W = 30.73' = 30.00' = 58°41'55"31.65'23.59' 23.59'15.00'CH CB L R D = 42.43' = S45°00'00"W = 47.12' = 30.00' = 90°00'00" N 90°00'00" W 110.08' S 90°00'00" E 174.13'137.07'10.76'17.56'15.00'5.22'19.78'16.58'N 5 8°4 1'5 4" W 1 5 4.5 3'9.81'29.59'15.00'S 5 8°4 1'5 4" E 1 2 7.9 3' = 79.20' = N13°41'54"W = 87.96' = 56.00' = 90°00'00" CH CB L R D = 42.43' = S13°41'54"E = 47.12' = 30.00' = 90°00'00" CH CB L R D 12.00' S 76°18'06" W 10.12' N 76°18'06" E 19.67'15.28'12.17'15.00' S 13°41'54" EN 31°18'06" E 215.81'S 31°18'06" W 199.10'= 16.19' = S74°20'57"E = 16.39' = 30.00' = 31°18'05" CH CB L R D (BY THIS PLAT) UTILITY EASEMENT 26' FIRE LANE &140.47'1 2.0 0' 1 2.0 0'43.63'N 47°42'02" W 97.46' S 47°42'02" E 395.59'34.65'26.49'37.18'13.03'15.0'13.53' 13.53' 321.25' 69.44'15.0'14.00' 14.00' CH CB L R D = 38.17' = N08°11'58"W = 41.37' = 30.00' = 79°00'08" 0.26'15.75'25.36'14.42'15.0'18.59' N 42°17'58" E 15.00' N 47°42'02" W 14.42' S 42°17'58" W CH CB L R D = 46.30' = S81°48'02"W = 52.88' = 30.00' = 100°59'52" N 47°42'02" W 205.47'58.38' 12.00'12.00'15.0' 13.53'13.53'30.00'3.48' (BY THIS PLAT)EASE MENT 30' WATER C H CB LR D = 1.02'= S48°40'35"E = 1.02'= 30.00'= 01°57'07" S 49°39'08" E 168.82'N 49°39'08" W 168.82'= 1.91' = N48°40'35"W = 1.91' = 56.00' = 01°57'07" CH CB L R D 132.08' 128.45' 15.0'11.73' N 42°17'58" E 42.01' N 47°42'02" W 12.25' S 42°17'58" W 15.64'CH CB L R D = 10.25' = S59°29'05"E = 10.30' = 30.00' = 19°39'53"= 19.13'= N59°29'05"W= 19.22'= 56.00'= 19°39'53"CHCBLRDN 69°19'02" W 137.11'S 69°19'02" E 137.11'9.71'5.36'S 33°50'26" W 82.82'N 33°50'26" E 78.06'8.20' S 78°50'26" W 4.53' N 78°50'26" E 3 9.6 1'' 1 1.3 3' = 29.54' = S74°42'20"E = 29.90' = 56.00' = 30°35'18" CH CB L R D CH CB L R D = 15.83' = N74°42'20"W = 16.02' = 30.00' = 30°35'18"101.35'15.00'S 20°40'58" W 87.94'N 20°40'58" E 90.68'3.13' S 00°00'00" W 15.00' 5.87' N 00°00'00" E 20.76' = 29.54' = N74°42'20"W = 29.90' = 56.00' = 30°35'18" CH CB L R D 15.14' = 15.83' = S74°42'20"E = 16.02' = 30.00' = 30°35'18" CH CB L R D N 90°00'00" W 270.58' S 90°00'00" E 270.58' = 12.50' = N75°43'40"W = 12.53' = 56.00' = 12°49'16" CH CB L R D 21 .56 '13.95'13.95'4.87' 157 .24 '82 .37 '15 .00 '(BY THIS PLAT) EASEMENT WATER S 82°08 '18" E 183 .67 'N 82°08 '18" W 183 .67 'CH CB L R D = 6 .70 '= S75°43 '40"E = 6 .71 '= 30 .00 '= 12°49 '16" 240.44' 9.50' N 30°35'19" E N 82°08 '18" W 96 .59 '12 .46 'N 36°30 '53" W 6 .10 'N 08°29 '07" E 150 .01 'S 59°02'07" W 58.49' 44.28'16 .38 'N 30°57 '53" W 14.21' 35 .93 '= 45.33' = S29°31'04"W = 47.40' = 46.00' = 59°02'07" CH CB L R D S00°00'00"E 150.01'S 00°00'00" W 170.01'= 73.58' = S41°04'09"E = 80.28' = 56.00' = 82°08'18" CH CB L R D 130.01'130.01'20.00'40.00'CH CB L R D = 36.00' = N88°16'16"E = 36.01' = 450.00' = 04°35'07" S 89°26'10" E 69.97' 27.91' N89°26'10"W 27.73' S 59°24'41" E S 5 9° 2 4'4 1" E 1 6 5.6 8'N 5 9° 2 4'4 1" W 1 6 5.6 8' 86 .30 '12.00'12.00'N 00°00'00" E 93.61'26.00'41.08'15.00'16.58' 16.58'37.53'10.76' 19.78' 17.56'15.00'1 6 .5 8'20.06'= 42.43'= N45°00'00"W= 47.12'= 30.00'= 90°00'00"CHCBLRD= 30.30' = S59°39'53"W = 31.77' = 30.00' = 60°40'14" CH CB L R D CH CB L R D = 19.87' = S00°00'00"W = 20.79' = 20.00' = 59°34'11" CH CB L R D = 26.51' = S55°54'57"E = 31.77' = 30.00' = 52°26'40" CAP "RPLS 4838" 5/8" FIR w/ CAP "RPLS 4838" 5/8" FIR w/ CAP "RPLS 4838" 5/8" FIR w/ (BY THIS PLAT) EASEMENT 20' UTILITY (BY THIS PLAT) EASEMENT DRAINAGE 214.25'JANUARY 23, 2023 26.00'' N 90°00'00" W 11.0'15.0'63.72'63.72'15.0' 29.59'38.76'62.67'EAST FINLEY BLVD.CAP "RPLS 4838" 5/8" FIR w/ CAP (C.M.) "RPLS 4838" 5/8" FIR w/ (BY THIS PLAT) 30' FRONT YARD SETBACK 1 2 3 1 2 3 17 16 18 19 1 2 7 8 9 10 BLOCK A OPEN SPACE B-1 BLOCK B BLOCK BBLOCK C ASKEW DRIVE(Vol. 2015, Pg. 262 P.R.C.C.T.)(50 Feet Width Right-of-Way)10' OPEN SPACE B-1 10' OPEN SPACE A-1 OPEN SPACE C-1 WILSON DRIVE(Vol. 2015, Pg. 262 P.R.C.C.T.)(50 Feet Width Right-of-Way)P.R.C.C.T. Vol. 2018, Pg. 253 Anna Elementary No. 3 LOT 1 BLOCK 1 O.P.R.C.C.T. Inst. No. 20211217002551410 Grand at Anna II Owner, LLC O.P.R.C.C.T. Inst. No. 20211208002488310 Grand at Anna II Owner, LLC (CALLED 9.919 ACRES) O.P.R.C.C.T. Inst. No. 20210830001757590 BASEER LLC (3%) CLEARWATER COMMONS, LLC (41%) GB PARTNERS, LLC (56%) (CALLED 1.096) O.P.R.C.C.T. 20210830001757600 Inst. No. & BASEER LLC (3%) COMMONS, LLC (41%) CLEARWATER GB PARTNERS, LLC (56%) 702-373-2993 Frisco, TX 75035 13861 Adare Manor Lane DEVELOPEROWNERS Baseer, LLC Clearwater Commons, LLC GB Partners, LLC (BY THIS PLAT) MAINTENANCE EASEMENT 10' PEDESTRIAN, ACCESS AND RADIUSNO. CURVE TABLE DELTA LENGTH CHORD DIST.CHORD BRG. C1 C2 C3 C4 C5 C6 C7 C 1218.23'105.72'27°45'21"104.69'S 68°04'59" E C2268.39'102.28'21°50'02"101.66S 66°41'20" E C3 173.84'110.90'36°33'09"109.03'S 81°00'50" E C4 273.41'103.99'21°47'34"103.37'S 87°08'49" E C5 89.82'199.38'S 88°45'40" E25°48'45"89.07' C6 283.43'148.02'29°55'23"146.35'S 89°28'07" E C7 267.27'116.96'25°04'25"116.03'N 88°27'43" E C8 230.12'21°44'57"C8 87.35'86.83'N 89°59'32" E 26.19' S 79°36'36" E C9 26°11'20"211.21'96.54'S 88°24'43" E 95.70' C9 28.92' N 80°16'32" E C10 15°01'08"229.91'60.27'N 86°41'45" E 60.09'C10 10.03' C11 C11 15°14'06"219.91'58.47'S 86°46'45" W 58.30' 28.86' S 80°16'32" W C12 C12 26°03'00"222.21'N 88°26'26" W 99.71'100.58' 25.86' N 79°36'36" W C13 C13 21°41'19"220.12'N 89°58'01" W 82.83'83.32' C14 C14 15°03'30"277.27'72.87'S 83°30'47" W 72.66' 9.26'S 46°22'22" E9.35'26°45'38"C15 C15 14.55' 20.01' C16 C16 14°26'36"30.01'7.56'N 27°36'51" W 7.54' C17 C17 07°41'33"37.23'N 82°45'54" W 37.20'277.27' C18 C18 30°03'11"277.43'N 89°27'11" W143.42'141.78' C19 N 88°47'59" W209.38'25°52'13"C19 94.54'93.74' C20 C20 21°45'45"263.41'N 87°08'20" W 99.45'100.05' C21 C21 36°42'43"183.84'117.79'N 80°53'58" W 115.79'C22C22 21°53'00"258.39'N 66°34'54" W98.69'98.09' C23 17.05'N 79°43'21" W17.06'228.23'04°16'56"C23 7.05' S 13°40'26" WC2 4 C24 01°02'36"570.00'10.40'N 60°47'59" W 10.38' C25 04°23'13"228.23'17.48'N 72°52'38" W 17.47' C 254.19' N 13°40'26" E 1.74' N 38°04'24" E 67.69' 34.68'2.59'SH 5E FOSTER CROSSING DR WARNER THAYNECOLLIN COUNTY, TEXAS THE CITY OF ANNA ABSTRACT NO. 798 GRANDERSON STARK SURVEY, \ SITUATED IN THE Partners, LLC. Anna Town Square AT THE SQUARE SERENITY FULLY WITHIN THE ROW MAINTENANCE EASEMENT VISIBILITY, ACCESS AND FULLY WITHIN THE ROW MAINTENANCE EASEMENT VISIBILITY, ACCESS AND (BY THIS PLAT) MAINTENANCE EASEMENT VISIBILITY, ACCESS AND 101.38'9.12'FULLY WI THI N THE ROWMAI NTENANCE EASEMENTVI SI BI LI TY, ACCESS ANDFULLY WITHIN THE ROWMAINTENANCE EASEMENTVISIBILITY, ACCESS ANDFULLY WITHIN THE ROWMAINTENANCE EASEMENTVISIBILITY, ACCESS AND101.13'39.63'(BY THIS PLAT)MAINTENANCE EASEMENTVISIBILITY, ACCESS AND City Secretary _____________________________________ Mayor ____________________________________ Council, City of Anna, Texas. APPROVED on this the ________day of ____________, 2023, by the City CERTIFICATE OF APPROVAL SHEET 2 OF 2 PLAT PRELIMINARY COLLIN COUNTY, TEXAS THE CITY OF ANNA GRANDERSON STARK SURVEY, ABSTRACT NO. 798 SITUATED IN THE 11.0174 ACRES BEING A PLAT OF LOT 1 BLOCK A State of Texas Notary Public in and for ________________________ __________________2023 Given under my hand and seal of office, this _______________ day of consideration therein expressed, and in the capacity therein stated instruement and acknowledged to me that he executed the same for the purposes and Copeland, known to me to be the person whose name is subscribed to the foregoing Before me, the undersigned authority, on this day personally appeared Dwayne H. COUNTY OF DALLAS } STATE OF TEXAS } Texas Registered Professional Land Surveyor No. 5504 Patrick J. Baldasaro ______________________ Dated this the __________day of ________________, 2022. representation of this Signed Final Plat. (d) & (e); and that the digital drawing files accompanying this plat is a precise placed in compliance with the City of Dallas Development Code, Sec. 51-A8.617 (a) (b) (c) Code, Chapter 212. I further affirm that monumentation shown hereon was either found or Development Code (Ordinance No. 19455, as amended) and the Texas Local Government the Texas Board of Professional Engineers and Land Surveyors, the City of Dallas documentation; and that this plat substantially complies with the Rules and Regulations of documentation, evidence collected on the ground during field operations and other reliable Texas, affirm that this plat was prepared under my direct supervision, from recorded I, Patrick J. Baldasaro, a Registered Professional Land Surveyor, licensed by the State of SURVEYOR'S STATEMENT: DERETSIGER P R O FES S IONALSAXETFOETATSL ANDSURVEYORPATRICK J. BALDASARO 5504 UPON AS A FINAL SURVEY DOCUMENT ANY PURPOSE AND SHALL NOT BE USED OR VIEWED OR RELIED PRELIMINARY, THIS DOCUMENT SHALL NOT BE RECORDED FOR JANUARY 23, 2023 TBPELS NO. 10194303 PJB SURVEYING, LLC 972-649-6669 ALLEN, TEXAS 75013 200 W. BELMONT, SUITE D SURVEYOR Anna Town Square Partners, LLC. 702-373-2993 Frisco, TX 75035 13861 Adare Manor Lane ENGINEER Urban Engineers Group, Inc. 214-252-1600 Dallas, TX 75207 167 Trurtle Creek Blvd. Ste. A 702-373-2993 Frisco, TX 75035 13861 Adare Manor Lane DEVELOPEROWNERS Baseer, LLC Clearwater Commons, LLC GB Partners, LLC this plat designating the herein above described property as THAT, GB Partners, LLC, Clearwater Commons, LLC and Baseer, LLC, do hereby adopt NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: OWNERS DEDICATION feet to the POINT OF BEGINNING and containing 11.0174 acres of land. Crossing Phase 5 addition and the east line of said 1.096 acre tract, a distance of 234.31 THENCE South 00 degrees 34 minutes 03 seconds West, with the west line of said Anna the west line of said Anna Crossing Phase 5 addition; 4838”(controlling monument) found at the northeast corner of said 1.096 acre tract, being in addition, a total distance of 263.42 feet to a 5/8-inch iron rod with cap stamped “RPLS said 9.919 acre tract, and continuing with the south line of said Anna Crossing Villas passing a 5/8-inch iron rod with cap stamped “RPLS 4838”found at the northeast corner of THENCE South 82 degrees 08 minutes 18 seconds East, at a distance of 69.22 feet monument) found; East, 381.89 feet) to a 5/8-inch iron rod with cap stamped “RPLS 4838” (controlling an arc distance of 387.70 feet (Chord Bearing South 64 degrees 55 minutes 07 seconds THENCE with the south line of said Anna Crossing Villas addition and said curve to the left, degrees 26 minutes 23 seconds; non-tangent curve to the left, having a radius of 645.00 feet and a central angle of 34 distance of 415.17 feet to a 5/8-inch iron rod with cap stamped “RPLS 4838” found on a East Finley Boulevard and with the south line of said Anna Crossing Villas addition, a THENCE South 47 degrees 41 minutes 46 seconds East, departing the east line of said Instrument No. 2022010000334, O.P.R.C.C.T.; the southwest corner of Anna Crossing Villas, an addition to the City of Anna, recorded in feet to a 1/2-inch iron rod with cap set at the northwest corner of said 9.919 acre tract and said East Finley Boulevard and the west line of said 9.919 acre tract, a distance of 413.64 THENCE North 31 degrees 18 minutes 05 seconds East, continuing with the east line of “PJB SURVEYING” (herein after referred to as “with cap”) set ; degrees 29 minutes 58 seconds East, 227.27 feet) to a 1/2-inch iron rod with cap stamped acre tract and said curve to the left, an arc distance of 227.88 feet (Chord Bearing North 38 THENCE with the east line of said East Finely Boulevard and the west line of said 9.919 angle of 14 degrees 30 minutes 26 seconds; and being on a non-tangent curve to the left, having a radius of 900.00 feet and a central 9.919 acre tract and being in the east line of East Finley Boulevard (80 foot Right-Of-Way) 5/8-inch iron rod with cap stamped “RPLS 4838” found at the southwest corner of said said Sharp Street and south line of said 9.919 acre tract, a distance of 10.00 feet to a THENCE North 44 degrees 15 minutes 26 seconds West, continuing with the north line of monument) found at the point of tangency; West, 429.95 feet) to a 5/8-inch iron rod with cap stamped “RPLS 4838” (controlling an arc distance of 440.85 feet (Chord Bearing North 67 degrees 16 minutes 45 seconds THENCE continuing with the north line of said Sharp Street and with said curve to the right, feet and a central angle of 44 degrees 18 minutes 51 seconds; monument) found at the point of curvature of a curve to the right, having a radius of 570.00 distance of 828.43 feet to a 5/8-inch iron rod with cap stamped “RPLS 4838”(controlling the north line of said Sharp Street and the south line of said 9.919 acre tract, a total said 1.096 acre tract and the southeast corner of said 9.919 acre tract, and continuing with passing a 5/8-inch iron rod with cap stamped “RPLS 4838”found at the southwest corner of THENCE North 89 degrees 26 minutes 10 seconds West, at a distance of 156.72 feet a 5/8-inch iron rod with cap stamped “RPLS 4838”found at the point of tangency; of 36.01 feet (Chord Bearing South 88 degrees 22 minutes 08 seconds West, 36.00 feet) to THENCE with the north line of said Sharp Street and said curve to the right, an arc distance a central angle of 04 degrees 23 minutes 23 seconds; Street (60 foot Right-Of-Way) and on a curve to the right having a radius of 470.00 feet and in the Plat Records of Collin County, Texas, (P.R.C.C.T.), being in the north line of Sharp Crossing Phase 5, an addition to the City of Anna, as recorded in Volume 2020, Page 272, found at the southeast corner of said 1.096 acre tract and the southwest corner of Anna BEGINNING at a 5/8-inch iron rod with cap stamped “RPLS 4838”(controlling monument) 20210830001757600, O.P.R.C.C.T., and being more particularly described as follows: Commons, LLC. (41%), and Baseer, LLC. (3%), recorded in Instrument No. of land described in special warranty deed to GB Partners, LLC. (56%), and Clearwater Public Records of Collin County, Texas (O.P.R.C.C.T.), and all of a called 1.096 acre tract and Baseer, LLC. (3%), recorded in Instrument No. 2021083000175790, in the Official special warranty deed to GB Partners, LLC. (56%), and Clearwater Commons, LLC. (41%), of Anna, Collin County, Texas, and being all of a called 9.919 acre tract of land described in Being a tract of land situated in the Granderson Stark Survey, Abstract No. 798, in the City COUNTY OF COLLIN STATE OF TEXAS OWNER'S CERTIFICATE rights and privileges set forth herein. times to enter upon the VAM easement or any part thereof for the purposes and with all thereon. The city, its successors, assigns, or agents, shall have the right and privilege at all any traffic control devices or signs on the VAM easement, and to remove any obstruction but not the obligation, to add any landscape improvements to the VAM easement, to erect constructed in, on, over, or across the VAM easement. The city shall also have the right, improvements or growths, which in any way endanger or interfere with the visibility, shall be responsibility for the VAM shall rest with the owners. No building, fence, shrub, tree or other may withdraw maintenance of the VAM easement at any time. The ultimate maintenance including without limitation, any trees, shrubs, flowers, ground cover, and fixtures. The city shall be premitted to remove and dispose of any and all landscaping improvements, landscaping within the VAM easement. Should the city exercise this maintenance right, it easement. The city shall have the right, but not the obligation, to maintain any and all easement to provide visibility, right of access, and maintenance upon and across said VAM easements are hereby given and granted to the city, its successors and assigns, as an The area or areas shown on the plat as "VAM" (Visibility, Access, and Maintenance) VAM Easements SERENITY AT THE SQUARE failure of any structure, or structures, within the Easement. nature resulting from the occurrence of these natural phenomena, or resulting from the cannot be definitely defined. The City shall not be held liable for any damages of any Easement is subject to storm water overflow and natural bank erosion to an extent which conditions which may occur. The natural drainage through the Drainage and Detention supervision of maintenance work by the property owner to alleviate any undesirable the City shall have the right of ingress and egress for the purpose of inspection and substance which would result in unsanitary conditions or obstruct the flow of water, and keep the Drainage and Detention Easement clean and free of debris, silt, and any any drainage facility deemed necessary for drainage purposes. Each property owner shall Easement at any point, or points, to investigate, survey or to erect, construct and maintain occasioned by the City shall have the right to enter upon the Drainage and Detention erecting any type of drainage structure in order to improve the storm drainage that may be understood that in the event it becomes necessary for the City to erect or consider hereinabove defined, unless approved by the City Engineer. Provided, however, it is building, fence, or any other structure within the Drainage and Detention Easement as natural flow of storm water run-off shall be permitted by construction of any type of results from conditions in the Easement, or for the control of erosion. No obstruction to the and operation of said Easement or for any damage to private property or person that Drainage and Detention Easement. The City will not be responsible for the maintenance sanitary condition by the owners of the lot or lots that are traversed by or adjacent to the limits of this addition, will remain open at all times and will be maintained in a safe and “Drainage and Detention Easement.” The Drainage and Detention Easement within the heirs, grantees and successors: The portion of Block 1, as shown on the plat is called “City”) subject to the following conditions which shall be binding upon the Owners, their This plat is hereby adopted by the Owners and approved by the City of Anna (called CITY OF ANNA COUNTY OF COLLIN STATE OF TEXAS DRAINAGE AND DETENTION EASEMENT for Fire Department and emergency use. such fire lanes and utility easements to be maintained free and unobstructed at all times Parking.” The police or his duly authorized representative is hereby authorized to cause appropriate signs in conspicuous places along such fire lanes, stating “Fire Lane, No lane easements is the responsibility of the owner, and the owner shall post and maintain other impediments to the access of fire apparatus. The maintenance of paving on the fire obstruction, including but not limited to the parking of motor vehicles, trailers, boats, or free and clear of any structures, fences, trees, shrubs, or other improvements or (they) shall maintain the same in a state of good repair at all times and keep the same the fire lane easements, as dedicated and shown hereon, a hard surface and that he That the undersigned does hereby covenant and agree that he (they) shall construct upon Fire Lane Easement premises. representatives having ingress, egress, and regress in, along, upon, and across said and privilege at all times of the City of Anna, its agents, employees, workmen, and Department and emergency use, in, along, upon, and across said premises, with the right purpose of general public vehicular and pedestrian use and access, and for Fire any person or the general public for ingress and egress to other real property, and for the The undersigned does covenant and agree that the access easement may be utilized by Access Easement BLOCK A, LOT 1 SERENITY AT THE SQUARE, State of Texas Notary Public in and for ________________________ __________________2023 Given under my hand and seal of office, this _______________ day of expressed, and in the capacity therein stated acknowledged to me that he executed the same for the purposes and consideration therein known to me to be the person whose name is subscribed to the foregoing instruement and Before me, the undersigned authority, on this day personally appeared OWNER NAME, COUNTY OF COLLIN } STATE OF TEXAS } By: Baseer, LLC ______________________ State of Texas Notary Public in and for ________________________ __________________2023 Given under my hand and seal of office, this _______________ day of expressed, and in the capacity therein stated acknowledged to me that he executed the same for the purposes and consideration therein known to me to be the person whose name is subscribed to the foregoing instruement and Before me, the undersigned authority, on this day personally appeared OWNER NAME, COUNTY OF COLLIN } STATE OF TEXAS } By: Clearwater Commons, LLC ______________________ State of Texas Notary Public in and for ________________________ __________________2023 Given under my hand and seal of office, this _______________ day of expressed, and in the capacity therein stated acknowledged to me that he executed the same for the purposes and consideration therein known to me to be the person whose name is subscribed to the foregoing instruement and Before me, the undersigned authority, on this day personally appeared OWNER NAME, COUNTY OF COLLIN } STATE OF TEXAS } By: GB Partners, LLC ______________________ Witnees my hand this ___________ day of ____________2023 of the City of Anna, Texas This plat approved subject to all Platting Ordinances, Rules, Regulations and Resolutions Fire Department and emergency use. such fire lanes and utility easements to be maintained free and unobstructed at all times for Parking.” The police or his duly authorized representative is hereby authorized to cause appropriate signs in conspicuous places along such fire lanes, stating “Fire Lane, No easements is the responsibility of the owner, and the owner shall post and maintain impediments to the access of fire apparatus. The maintenance of paving on the fire lane including but not limited to the parking of motor vehicles, trailers, boats, or other clear of any structures, fences, trees, shrubs, or other improvements or obstruction, shall maintain the same in a state of good repair at all times and keep the same free and the fire lane easements, as dedicated and shown hereon, a hard surface and that he (they) That the undersigned does hereby covenant and agree that he (they) shall construct upon respective systems without the necessity at any time of procuring permission from anyone. patrolling, maintaining, reading meters, and adding to or removing all or parts of their their respective easements for the purpose of constructing, reconstructing, inspecting, and public utility entities shall at all times have the full right of ingress and egress to or from maintenance, or efficiency of their respective systems in said easements. The City of Anna improvements or growths which may in any way endanger or interfere with the construction, and keep removed all or parts of any buildings, fences, trees, shrubs, or other Anna's use thereof. The City of Anna and public utility entities shall have the right to remove particular utilities, said use by public utilities being subordinate to the public's and City of public utilities desiring to use or using the same unless the easement limits the use to addition, utility easements may also be used for the mutual use and accommodation of all improvements may be placed in landscape easements, if approved by the City of Anna. In placed upon, over, or across the easements as shown, except that landscape buildings, fences, trees, shrubs, or other improvements or growths shall be constructed or shown, are dedicated for the public use forever, for the purposes indicated on this plat. No and alleys are dedicated for street purposes. The easements and public use areas, as in fee simple, to the public use forever, the streets and alleys shown thereon. The streets , an addition to the City of Anna, Texas, and does hereby dedicate, Item No. 6.j. City Council Agenda Staff Report Meeting Date: 2/14/2023 Staff Contact: Ross Altobelli AGENDA ITEM: Approve a Resolution regarding the Villages of Hurricane Creek North, Phase 1A, Block W, Lot 26X, Site Plan. (Director of Development Services Ross Altobelli) SUMMARY: Amenity center on one lot on 2.2± acres located on the west side of Stockport Drive, 260± feet north of Chasebrook Drive. Zoned: Planned Development (Ord. No. 932- 2021). The purpose of the Site Plan is to show the proposed amenity center site improvements. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The Site Plan is in conformance with the adopted Planned Development standards and the city’s Subdivision Regulations and Zoning Ordinances. The Planning & Zoning Commission recommended approval subject to additions and/or alterations to the engineering plans as required by the Public Works Department. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Active. ATTACHMENTS: 1. Villages of Hurricane Creek North, Phase 1A, Block W, Lot 26X Locator Map 2. RESOLUTION - (SP) Villages of Hurricane Creek North, Ph 1A, Bl W, Lt 26X 3. Exhibit A (Stamped) - SP (Villages of Hurricane Creek North, Phase 1A) CROSSING DR FORESTMANOR LNC R O S S S H O REDRM O R NIN G D E W DR URBAN WAYRIVERLAWN DR Copyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 300 600150 Feet January 2023 H:\Notification Maps\Notification Maps\ Site Plan - Villages of Hurricane Creek North, Phase 1A, Block W, Lot 26X CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING VILLAGES OF HURRICANE CREEK NORTH, PHASE 1A, BLOCK W, LOT 26X, SITE PLAN. WHEREAS, In order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the “City Council”) has adopted Article 9.02 (“Subdivision Regulation”) and Article 9.04 (“Zoning Ordinance”) of the Anna City Code of Ordinances; and WHEREAS, CADG Hurricane Creek, LLC, has submitted an application for approval of the Villages of Hurricane Creek North, Phase 1A, Block W, Lot 26X, Site Plan; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Site Plan The City Council hereby approves the Villages of Hurricane Creek North, Phase 1A, Block W, Lot 26X, Site Plan attached hereto as Exhibit A subject to additions and/or alterations to the engineering plans as required by the Public Works Department. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 14th day of February, 2023. ATTEST: APPROVED: _____________________________ ____________________________ City Secretary, Carrie L. Land Mayor, Nate Pike SSSS36"0,92M72"1,83M72"1,83M36"0,92MLOCATION MAPNOT TO SCALESITE PLANVILLAGES OF HURRICANECREEK NORTH, PH. 1ABlock W, Lot 26X~AMENITY CENTER~SITE NOTES:·NO 100 YEAR FLOOD PLAIN EXISTS ON PROPERTY.·NO PROTECTED TREES EXIST ON DEVELOPMENT SITE.·STRUCTURE IS A NON AIR CONDITIONED SPACE, NO HVACEQUIPMENT WILL BE LOCATED ON SITE.·MECHANICAL AND HEATING AND AIR CONDITIONING EQUIPMENTIN NON-RESIDENTIAL USES SHALL BE SCREENED FROM VIEW FROMTHE PUBLIC RIGHT-OF-WAY AND FROM ADJACENT RESIDENTIALPROPERTIES.·THE LIGHTING FOR THE SUBJECT PROPERTY WILL BECONSTRUCTED IN CONFORMANCE WITH CHAPTER 58 OF THE CITYOF ANNA CODE OF ORDINANCES.·ALL POOL EQUIPMENT AND TRASH CAN TOTES SHALL BE SCREENEDWITH A 6'-0' HT. WOODEN FENCE. A 5'-0" WIDE SOLID WOOD GATESHALL ALLOW ACCESS TO EQUIPMENT.·FOR ALL BARRIER FREE RAMPS NOTED ON PLAN, REFERENCE SHEETSD2 FOR CONSTRUCTION DETAILS.HANDICAP PARKING IS PROVIDED IN ACCORDANCE WITH ADA STANDARDSLEGENDEXISTING CONTOUR INTERVALBARRIER FREE RAMPPROPOSED PARKING COUNTPROPOSED TOP OF PAVEMENT CONTOUREXISTING FIRE HYDRANTPROPOSED DETECTOR CHECK VAULTPROPOSED IRRIGATION METERPROPOSED DOMESTIC WATER METERPROPOSED CURB INLETEXISTING POWER POLEBFREXISTING WATER MAIN W/ VALVEEXISTING SANITARY SEWER MANHOLEEXISTING POWER POLE W/ GUY WIREEXISTING LIGHTPOLEFINISHED FLOOR ELEVATIONFFBLOCK W, LOT 26X SITE INFORMATIONZONING:SINGLE FAMILYPROPOSED USE:PRIVATE RECREATION CENTERLAND AREA:96,182.06 S.F. OR 2.2 ACRESBUILDING AREA:2,572 SFRESTROOM: 286.6 SFATTACHED OUTDOOR: 10,910 SFBUILDING HEIGHTS:22' (1 STORY)FLOOR TO AREA:0.026:1 [2,572/96,182]LOT COVERAGE:2.67%PARKING REQUIRED:MIN 5 SPACES, 8 FOR SHARED AMENITIESPARKING PROVIDED:21 TOTAL, (w/ 2 HANDICAP)TOTAL IMPERVIOUS SURFACE:21,657 SF, 22.5%EXISTING SANITARY SEWEREXISTING STORMRIGHT-OF-WAYVISIBILITY, ACCESS, & MAINTENANCE EASEMENT(VAM)EXISTING BARRIER FREE RAMPEXISTING LIGHT POLE TO REMAINSubmittal 1-23-2023LANDSCAPE ARCHITECT:STUDIO 13 DESIGN GROUP, PLLC.386 W. MAIN STREETLEWISVILLE, TEXAS 75057PH. (469) 635-1900CONTACT: LEONARD REEVES, RLA, LIOWNER/DEVELOPER:CADG HURRICANE CREEK, LLC1800 VALLEY VIEW LN. SUITE 300FARMERS BRANCH, TEXAS 75234PH.(469) 892-7200CONTACT: TREVOR KOLLINGERCIVIL ENGINEER:PELOTON LAND SOLUTIONS11000 FRISCO ST. SUITE 400FRISCO, TEXAS 75033PH.(469) 213-1800CONTACT: MARC PAQUETTE, PESP1BFRWATER METER SCHEDULE*A 2" TO 1" REDUCER SHALL BE PLACED ON BOTHWATER SERVICE LINES PRIOR TO WATER METER INSTALLATIONIF REQUIRED.BLOCK W, LOT 26X2.21 ACRES, 96,182.06 SF Item No. 6.k. City Council Agenda Staff Report Meeting Date: 2/14/2023 Staff Contact: Ross Altobelli AGENDA ITEM: Approve a Resolution regarding the Villages of Hurricane Creek, Phase 1B, Block R, Lot 1X, Site Plan. (Director of Development Services Ross Altobelli) SUMMARY: Amenity center on one lot on 4.3± acres located at the southwest corner of Forest Hill Lane and Brookside Lane. Zoned Planned Development (Ord. No. 886-2020). The purpose of the Site Plan is to show the proposed amenity center development. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The Site Plan is in conformance with the adopted Planned Development standards and the city’s Subdivision Regulations and Zoning Ordinances. The Planning & Zoning Commission recommended approval subject to additions and/or alterations to the engineering plans as required by the Public Works Department. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Active. ATTACHMENTS: 1. Villages of Hurricane Creek, Phase 1B, Block R, Lot 1X Locator Map 2. RESOLUTION - (SP) Villages of Hurrican Creek, Phase 1B, Amenity Center 3. EXHIBIT A (Stamped) - SP (Hurricane Creek Ph 1B Amenity Center) HIDDEN VALLE Y D R LAKESHORE DR ROLL I N G MEADOW D R SSHADYBROOKTRLROLLINGMEADOWCTN S H A D Y BROOKTRLP A R K V I EW L N WANDERINGWAYCREEK MEADOW DR Copyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 400 800200 Feet January 2023 H:\Notification Maps\Notification Maps\ Site Plan - Villages of Hurricane Creek, Phase 1B, Block R, Lot 1X CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING VILLAGES OF HURRICANE CREEK, PHASE 1B, BLOCK R, LOT 1X, SITE PLAN. WHEREAS, In order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the “City Council”) has adopted Article 9.02 (“Subdivision Regulation”) and Article 9.04 (“Zoning Ordinance”) of the Anna City Code of Ordinances; and WHEREAS, CADG Hurricane Creek, LLC, has submitted an application for approval of the Villages of Hurricane Creek, Phase 1B, Block R, Lot 1X, Site Plan: and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Site Plan The City Council hereby approves the Villages of Hurricane Creek, Phase 1B, Block R, Lot 1X, Site Plan attached hereto as Exhibit A subject to additions and/or alterations to the engineering plans as required by the Public Works Department.. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 14th day of February, 2023. ATTEST: APPROVED: _____________________________ ____________________________ City Secretary, Carrie L. Land Mayor, Nate Pike 1031291011TOWERAMENITY CENTER BY OTHERSSSSSSSR1031291011TOWERAMENITY CENTER BY OTHERS36"0,92M48"1,22M60"1,53M72"1,83M114444WCWCWCWCLOCATION MAPNOT TO SCALESITE PLANTHE VILLAGES OFHURRICANE CREEK, PH. 1BBlock R, Lot 1X~AMENITY CENTER~SITE NOTES:·NO 100 YEAR FLOOD PLAIN EXISTS ON PROPERTY.·NO PROTECTED TREES EXIST ON DEVELOPMENT SITE.·STRUCTURE IS A NON AIR CONDITIONED SPACE, NO HVACEQUIPMENT WILL BE LOCATED ON SITE.·MECHANICAL AND HEATING AND AIR CONDITIONING EQUIPMENTIN NON-RESIDENTIAL USES SHALL BE SCREENED FROM VIEWFROM THE PUBLIC RIGHT-OF-WAY AND FROM ADJACENTRESIDENTIAL PROPERTIES.·ALL POOL EQUIPMENT AND TRASH CAN TOTES SHALL BESCREENED WITH A 6'-0' HT. WOODEN FENCE. A 5'-0" WIDESOLID WOOD GATE SHALL ALLOW ACCESS TO EQUIPMENT.·FOR ALL BARRIER FREE RAMPS NOTED ON PLAN, REFERENCESHEET SD2 FOR CONSTRUCTION DETAILS.HANDICAP PARKING IS PROVIDED IN ACCORDANCE WITH ADASTANDARDSLEGENDEXISTING CONTOUR INTERVALBARRIER FREE RAMPPROPOSED PARKING COUNTPROPOSED TOP OF PAVEMENT CONTOUREXISTING FIRE HYDRANTPROPOSED DETECTOR CHECK VAULTPROPOSED IRRIGATION METERPROPOSED DOMESTIC WATER METERPROPOSED CURB INLETEXISTING POWER POLEBFREXISTING WATER MAIN W/ VALVEEXISTING SANITARY SEWER MANHOLEEXISTING POWER POLE W/ GUY WIREEXISTING LIGHTPOLEFINISHED FLOOR ELEVATIONFFWATER METER SCHEDULEBLOCK R, LOT 1X SITE INFORMATIONPROPOSED USE:PRIVATE RECREATION CENTERLAND AREA:188,396.86 S.F. OR 4.32 ACRESBUILDING AREA:6,154.3 SFRESTROOM: 416.5 SFATTACHED OUTDOOR: 2,491.9 SFBUILDING HEIGHTS:25' (1 STORY)FLOOR TO AREA:0.329:1 [6154/188,397]LOT COVERAGE:3.26%PARKING REQUIRED:MIN 5 SPACES, 8 FOR SHARED AMENITIESPARKING PROVIDED:AMENITY CENTER-20 TOTAL, (w/ 2 HANDICAP)TENNIS COURT-11 TOTAL, (w/ 2 HANDICAP)TOTAL IMPERVIOUS SURFACE:56,404.1 SF, 30%EXISTING SANITARY SEWEREXISTING STORMRIGHT-OF-WAYVISIBILITY, ACCESS, & MAINTENANCE EASEMENT(VAM)EXISTING BARRIER FREE RAMPEXISTING LIGHT POLE TO REMAIN*A 2" TO 1" REDUCER SHALL BE PLACED ON WATER SERVICELINES PRIOR TO WATER METER INSTALLATION.Submittal 1/23/2023LANDSCAPE ARCHITECT:STUDIO 13 DESIGN GROUP, PLLC.386 W. MAIN STREETLEWISVILLE, TEXAS 75057PH. (469) 635-1900CONTACT: LEONARD REEVES, RLA, LIOWNER/DEVELOPER:CADG HURRICANE CREEK, LLC1800 VALLEY VIEW LN. SUITE 300FARMERS BRANCH, TEXAS 75234PH.(469) 892-7200CONTACT: TREVOR KOLLINGERCIVIL ENGINEER:PELOTON LAND SOLUTIONS11000 FRISCO ST. SUITE 400FRISCO, TEXAS 75033PH.(469) 213-1800CONTACT: MARC PAQUETTE, PESP1 of 1BLOCK R, LOT 1X4.32 ACRES / 188,396.86 SF Item No. 6.l. City Council Agenda Staff Report Meeting Date: 2/14/2023 Staff Contact: Dean Habel AGENDA ITEM: Approve Police Department Report on 2022 racial profiling data that was submitted to the Texas Commission on Law Enforcement (TCOLE). (Police Chief Dean Habel) SUMMARY: Approve Police Department Report on 2022 racial profiling data that was submitted to the Texas Commission on Law Enforcement (TCOLE). Texas Occupations Code 1701.164 specifies that all law enforcement agencies are to collect the attached data and submit the report to TCOLE, as well as the city's governing body. This applies to all agencies designated as "Full Reporting." Anna PD is designated as a full reporting agency due to the fact that we routinely make traffic stops. FINANCIAL IMPACT: None BACKGROUND: Texas Occupations Code 1701.164 specifies that all law enforcement agencies collect the attached data and submit the report to TCOLE, as well as the city's governing body. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Excellent. ATTACHMENTS: 1. 2022 Racial Profiling Rpt 2. 2022 Racial Profiling Analysis Racial Profiling Report | Full _______________________________________________________________________________________________________________________________ $JHQF\1DPH ANNA POLICE DEPT. Reporting Date: 01/27/2023 TCOLE Agency Number: 085204 Chief Administrator: DEAN R. HABEL Agency Contact Information: Phone: (972) 924-2848 Email: dhabel@annatexas.gov Mailing Address: 120 W 7th St. Anna ANNA, TX 75409-2604 This Agency filed a full report ANNA POLICE DEPT. has adopted a detailed written policy on racial profiling. Our policy: FOHDUO\GHILQHVDFWVFRQVWLWXWLQJUDFLDOSURILOLQJ 2) strictly prohibits peace officers employed by the ANNA POLICE DEPT. from engaging in racial profiling; 3) implements a process by which an individual may file a complaint with the ANNA POLICE DEPT. if the individual believes that a peace officer employed by the ANNA POLICE DEPT. has engaged in racial profiling with respect to the individual; 4) provides public education relating to the agency's complaint process; 5) requires appropriate corrective action to be taken against a peace officer employed by the ANNA POLICE DEPT. who, after an investigation, is shown to have engaged in racial profiling in violation of the ANNA POLICE DEPT. policy; 6) requires collection of information relating to motor vehicle stops in which a warning or citation is issued and to arrests made as a result of those stops, including information relating to: a. the race or ethnicity of the individual detained; b. whether a search was conducted and, if so, whether the individual detained consented to the search; c. whether the peace officer knew the race or ethnicity of the individual detained before detaining that individual; d. whether the peace officer used physical force that resulted in bodily injury during the stop; e. the location of the stop; f. the reason for the stop. 7) requires the chief administrator of the agency, regardless of whether the administrator is elected, employed, or appointed, to submit an annual report of the information collected under Subdivision (6) to: a. the Commission on Law Enforcement; and b. the governing body of each county or municipality served by the agency, if the agency is an agency of a county, municipality, or other political subdivision of the state. The ANNA POLICE DEPT. has satisfied the statutory data audit requirements as prescribed in Article 2.133(c), Code of Criminal Procedure during the reporting period. 1 of 9 Executed by: DEAN R. HABEL Police Chief Date: 01/27/2023 2 of 9 Motor Vehicle Racial Profiling Information Total stops: 9946 _______________________________________________________________________________________________________________________________ Street address or approximate location of the stop City street 6220 US highway 2695 County road 97 State highway 699 Private property or other 235 Was race or ethnicity known prior to stop? Yes 112 No 9834 Race / Ethnicity Alaska Native / American Indian 92 Asian / Pacific Islander 238 Black 1943 White 6277 Hispanic / Latino 1396 Gender Female 4034 Alaska Native / American Indian 22 Asian / Pacific Islander 78 Black 837 White 2701 Hispanic / Latino 396 Male 5912 Alaska Native / American Indian 70 Asian / Pacific Islander 160 Black 1106 White 3576 Hispanic / Latino 1000 Reason for stop? Violation of law 187 Alaska Native / American Indian 2 Asian / Pacific Islander 4 Black 50 White 97 3 of 9 Hispanic / Latino 34 Preexisting knowledge 75 Alaska Native / American Indian 1 Asian / Pacific Islander 1 Black 16 White 40 Hispanic / Latino 17 Moving traffic violation 7178 Alaska Native / American Indian 69 Asian / Pacific Islander 182 Black 1375 White 4592 Hispanic / Latino 960 Vehicle traffic violation 2506 Alaska Native / American Indian 20 Asian / Pacific Islander 51 Black 502 White 1548 Hispanic / Latino 385 Was a search conducted? Yes 144 Alaska Native / American Indian 2 Asian / Pacific Islander 1 Black 45 White 65 Hispanic / Latino 31 No 9802 Alaska Native / American Indian 90 Asian / Pacific Islander 237 Black 1898 White 6212 Hispanic / Latino 1365 Reason for Search? Consent 18 Alaska Native / American Indian 0 Asian / Pacific Islander 0 Black 3 White 10 4 of 9 Hispanic / Latino 5 Contraband 18 Alaska Native / American Indian 1 Asian / Pacific Islander 0 Black 7 White 7 Hispanic / Latino 3 Probable 89 Alaska Native / American Indian 0 Asian / Pacific Islander 0 Black 30 White 38 Hispanic / Latino 21 Inventory 4 Alaska Native / American Indian 0 Asian / Pacific Islander 0 Black 1 White 2 Hispanic / Latino 1 Incident to arrest 15 Alaska Native / American Indian 1 Asian / Pacific Islander 1 Black 4 White 8 Hispanic / Latino 1 Was Contraband discovered? Yes 108 Did the finding result in arrest? (total should equal previous column) Alaska Native / American Indian 1 Yes 0 No 1 Asian / Pacific Islander 0 Yes 0 No 0 Black 37 Yes 5 No 8 White 49 Yes 11 No 15 Hispanic / Latino 21 Yes 8 No 5 No 36 Alaska Native / American Indian 1 Asian / Pacific Islander 1 Black 8 White 16 Hispanic / Latino 10 5 of 9 Description of contraband Drugs 74 Alaska Native / American Indian 0 Asian / Pacific Islander 0 Black 28 White 32 Hispanic / Latino 14 Weapons 2 Alaska Native / American Indian 0 Asian / Pacific Islander 0 Black 0 White 1 Hispanic / Latino 1 Currency 0 Alaska Native / American Indian 0 Asian / Pacific Islander 0 Black 0 White 0 Hispanic / Latino 0 Alcohol 26 Alaska Native / American Indian 1 Asian / Pacific Islander 0 Black 7 White 11 Hispanic / Latino 7 Stolen property 0 Alaska Native / American Indian 0 Asian / Pacific Islander 0 Black 0 White 0 Hispanic / Latino 0 Other 26 Alaska Native / American Indian 0 Asian / Pacific Islander 0 Black 7 White 15 Hispanic / Latino 4 Result of the stop Verbal warning 0 6 of 9 Alaska Native / American Indian 0 Asian / Pacific Islander 0 Black 0 White 0 Hispanic / Latino 0 Written warning 7599 Alaska Native / American Indian 56 Asian / Pacific Islander 186 Black 1522 White 5010 Hispanic / Latino 825 Citation 2292 Alaska Native / American Indian 35 Asian / Pacific Islander 50 Black 408 White 1241 Hispanic / Latino 558 Written warning and arrest 29 Alaska Native / American Indian 0 Asian / Pacific Islander 0 Black 8 White 14 Hispanic / Latino 7 Citation and arrest 26 Alaska Native / American Indian 1 Asian / Pacific Islander 2 Black 5 White 12 Hispanic / Latino 6 Arrest 0 Alaska Native / American Indian 0 Asian / Pacific Islander 0 Black 0 White 0 Hispanic / Latino 0 Arrest based on Violation of Penal Code 35 Alaska Native / American Indian 1 Asian / Pacific Islander 2 7 of 9 Black 7 White 18 Hispanic / Latino 7 Violation of Traffic Law 4 Alaska Native / American Indian 0 Asian / Pacific Islander 0 Black 1 White 1 Hispanic / Latino 2 Violation of City Ordinance 2 Alaska Native / American Indian 0 Asian / Pacific Islander 0 Black 0 White 1 Hispanic / Latino 1 Outstanding Warrant 14 Alaska Native / American Indian 0 Asian / Pacific Islander 0 Black 5 White 6 Hispanic / Latino 3 Was physical force resulting in bodily injury used during stop? Yes 1 Alaska Native / American Indian 0 Asian / Pacific Islander 0 Black 0 White 1 Hispanic / Latino 0 Resulting in Bodily Injury To: Suspect 0 Officer 0 Both 0 No 9945 Alaska Native / American Indian 0 Asian / Pacific Islander 0 Black 0 White 1 Hispanic / Latino 0 8 of 9 Submitted electronically to the The Texas Commission on Law Enforcement Number of complaints of racial profiling Total 1 Resulted in disciplinary action 0 Did not result in disciplinary action 1 Comparative Analysis Use TCOLE's auto generated analysis _ Use Department's submitted analysis Optional Narrative N/A 9 of 9 ANNA POLICE DEPT. 01. Total Traffic Stops:9946 02. Location of Stop: a. City Street 6220 62.54% b. US Highway 2695 27.10% c. County Road 97 0.98% d. State Highway 699 7.03% e. Private Property or Other 235 2.36% 03. Was Race known prior to Stop: a. NO 9834 98.87% b. YES 112 1.13% 04. Race or Ethnicity: a. Alaska/ Native American/ Indian 92 0.92% b. Asian/ Pacific Islander 238 2.39% c. Black 1943 19.54% d. White 6277 63.11% e. Hispanic/ Latino 1396 14.04% 05. Gender: a. Female 4034 40.56% i. Alaska/ Native American/ Indian 22 0.22% ii. Asian/ Pacific Islander 78 0.78% iii. Black 837 8.42% iv. White 2701 27.16% v. Hispanic/ Latino 396 3.98% b. Male 5912 59.44% i. Alaska/ Native American/ Indian 70 0.70% ii. Asian/ Pacific Islander 160 1.61% iii. Black 1106 11.12% iv. White 3576 35.95% v. Hispanic/ Latino 1000 10.05% 06. Reason for Stop: a. Violation of Law 187 1.88% i. Alaska/ Native American/ Indian 2 1.07% ii. Asian/ Pacific Islander 4 2.14% 1/27/2023 1 of 7 Racial Profiling Analysis Report iii. Black 50 26.74% iv. White 97 51.87% v. Hispanic/ Latino 34 18.18% b. Pre-Existing Knowledge 75 0.75% i. Alaska/ Native American/ Indian 1 1.33% ii. Asian/ Pacific Islander 1 1.33% iii. Black 16 21.33% iv. White 40 53.33% v. Hispanic/ Latino 17 22.67% c. Moving Traffic Violation 7178 72.17% i. Alaska/ Native American/ Indian 69 0.96% ii. Asian/ Pacific Islander 182 2.54% iii. Black 1375 19.16% iv. White 4592 63.97% v. Hispanic/ Latino 960 13.37% d. Vehicle Traffic Violation 2506 25.20% i. Alaska/ Native American/ Indian 20 0.80% ii. Asian/ Pacific Islander 51 2.04% iii. Black 502 20.03% iv. White 1548 61.77% v. Hispanic/ Latino 385 15.36% 07. Was a Search Conducted: a. NO 9802 98.55% i. Alaska/ Native American/ Indian 90 0.92% ii. Asian/ Pacific Islander 237 2.42% iii. Black 1898 19.36% iv. White 6212 63.37% v. Hispanic/ Latino 1365 13.93% b. YES 144 1.45% i. Alaska/ Native American/ Indian 2 1.39% ii. Asian/ Pacific Islander 1 0.69% iii. Black 45 31.25% iv. White 65 45.14% v. Hispanic/ Latino 31 21.53% 08. Reason for Search: a. Consent 18 0.18% 1/27/2023 2 of 7 Racial Profiling Analysis Report i. Alaska/ Native American/ Indian 0 0.00% ii. Asian/ Pacific Islander 0 0.00% iii. Black 3 16.67% iv. White 10 55.56% v. Hispanic/ Latino 5 27.78% b. Contraband in Plain View 18 0.18% i. Alaska/ Native American/ Indian 1 5.56% ii. Asian/ Pacific Islander 0 0.00% iii. Black 7 38.89% iv. White 7 38.89% v. Hispanic/ Latino 3 16.67% c. Probable Cause 89 0.89% ii. Alaska/ Native American/ Indian 0 0.00% i. Asian/ Pacific Islander 0 0.00% iii. Black 30 33.71% iv. White 38 42.70% v. Hispanic/ Latino 21 23.60% d. Inventory 4 0.04% i. Alaska/ Native American/ Indian 0 0.00% ii. Asian/ Pacific Islander 0 0.00% iii. Black 1 25.00% iv. White 2 50.00% v. Hispanic/ Latino 1 25.00% e. Incident to Arrest 15 0.15% i. Alaska/ Native American/ Indian 1 6.67% ii. Asian/ Pacific Islander 1 6.67% iii. Black 4 26.67% iv. White 8 53.33% v. Hispanic/ Latino 1 6.67% 09. Was Contraband Discovered: YES 108 1.09% i. Alaska/ Native American/ Indian 1 0.93% Finding resulted in arrest - YES 0 Finding resulted in arrest - NO 1 ii. Asian/ Pacific Islander 0 0.00% Finding resulted in arrest - YES 0 Finding resulted in arrest - NO 0 iii. Black 37 34.26% 1/27/2023 3 of 7 Racial Profiling Analysis Report Finding resulted in arrest - YES 5 Finding resulted in arrest - NO 8 iv. White 49 45.37% Finding resulted in arrest - YES 11 Finding resulted in arrest - NO 15 v. Hispanic/ Latino 21 19.44% Finding resulted in arrest - YES 8 Finding resulted in arrest - NO 5 b. NO 36 0.36% i. Alaska/ Native American/ Indian 1 2.78% i. Asian/ Pacific Islander 1 2.78% iii. Black 8 22.22% iv. White 16 44.44% v. Hispanic/ Latino 10 27.78% 10. Description of Contraband: a. Drugs 74 0.74% i. Alaska/ Native American/ Indian 0 0.00% ii. Asian/ Pacific Islander 0 0.00% iii. Black 28 37.84% iv. White 32 43.24% v. Hispanic/ Latino 14 18.92% b. Currency 0 0.00% i. Alaska/ Native American/ Indian 0 ii. Asian/ Pacific Islander 0 iii. Black 0 iv. White 0 v. Hispanic/ Latino 0 c. Weapons 2 0.02% i. Alaska/ Native American/ Indian 0 0.00% ii. Asian/ Pacific Islander 0 0.00% iii. Black 0 0.00% iv. White 1 50.00% v. Hispanic/ Latino 1 50.00% d. Alcohol 26 0.26% i. Alaska/ Native American/ Indian 1 3.85% ii. Asian/ Pacific Islander 0 0.00% iii. Black 7 26.92% iv. White 11 42.31% 1/27/2023 4 of 7 Racial Profiling Analysis Report v. Hispanic/ Latino 7 26.92% e. Stolen Property 0 0.00% i. Alaska/ Native American/ Indian 0 ii. Asian/ Pacific Islander 0 iii. Black 0 iv. White 0 v. Hispanic/ Latino 0 f. Other 26 0.26% i. Alaska/ Native American/ Indian 0 0.00% i. Asian/ Pacific Islander 0 0.00% iii. Black 7 26.92% iv. White 15 57.69% v. Hispanic/ Latino 4 15.38% 11. Result of Stop: a. Verbal Warning 0 0.00% i. Alaska/ Native American/ Indian 0 ii. Asian/ Pacific Islander 0 iii. Black 0 iv. White 0 v. Hispanic/ Latino 0 b. Written Warning 7599 76.40% i. Alaska/ Native American/ Indian 56 0.74% ii. Asian/ Pacific Islander 186 2.45% iii. Black 1522 20.03% iv. White 5010 65.93% v. Hispanic/ Latino 825 10.86% c. Citation 2292 23.04% i. Alaska/ Native American/ Indian 35 1.53% ii. Asian/ Pacific Islander 50 2.18% iii. Black 408 17.80% iv. White 1241 54.14% v. Hispanic/ Latino 558 24.35% d. Written Warning and Arrest 29 0.29% i. Alaska/ Native American/ Indian 0 0.00% ii. Asian/ Pacific Islander 0 0.00% iii. Black 8 27.59% iv. White 14 48.28% v. Hispanic/ Latino 7 24.14% 1/27/2023 5 of 7 Racial Profiling Analysis Report e. Citation and Arrest 26 0.26% i. Alaska/ Native American/ Indian 1 3.85% ii. Asian/ Pacific Islander 2 7.69% iii. Black 5 19.23% iv. White 12 46.15% v. Hispanic/ Latino 6 23.08% f. Arrest 0 0.00% i. Alaska/ Native American/ Indian 0 ii. Asian/ Pacific Islander 0 iii. Black 0 iv. White 0 v. Hispanic/ Latino 0 12. Arrest Based On: a. Violation of Penal Code 35 0.35% i. Alaska/ Native American/ Indian 1 2.86% ii. Asian/ Pacific Islander 2 5.71% iii. Black 7 20.00% iv. White 18 51.43% v. Hispanic/ Latino 7 20.00% b. Violation of Traffic Law 4 0.04% i. Alaska/ Native American/ Indian 0 0.00% ii. Asian/ Pacific Islander 0 0.00% iii. Black 1 25.00% iv. White 1 25.00% v. Hispanic/ Latino 2 50.00% c. Violation of City Ordinance 2 0.02% i. Alaska/ Native American/ Indian 0 0.00% ii. Asian/ Pacific Islander 0 0.00% iii. Black 0 0.00% iv. White 1 50.00% v. Hispanic/ Latino 1 50.00% d. Outstanding Warrant 14 0.14% i. Alaska/ Native American/ Indian 0 0.00% ii. Asian/ Pacific Islander 0 0.00% iii. Black 5 35.71% iv. White 6 42.86% v. Hispanic/ Latino 3 21.43% 1/27/2023 6 of 7 Racial Profiling Analysis Report 13. Was Physical Force Used: a. NO 9945 99.99% i. Alaska/ Native American/ Indian 0 0.00% ii. Asian/ Pacific Islander 0 0.00% iii. Black 0 0.00% iv. White 1 0.01% v. Hispanic/ Latino 0 0.00% b. YES 1 0.01% i. Alaska/ Native American/ Indian 0 0.00% ii. Asian/ Pacific Islander 0 0.00% iii. Black 0 0.00% iv. White 1 100.00% v. Hispanic/ Latino 0 0.00% b 1. YES: Physical Force Resulting in Bodily Injury to Suspect 0 0.00% b 2. YES: Physical Force Resulting in Bodily Injury to Officer 0 0.00% b 3. YES: Physical Force Resulting in Bodily Injury to Both 0 0.00% 14. Total Number of Racial Profiling Complaints Received:1 REPORT DATE COMPILED 01/27/2023 1/27/2023 7 of 7 Racial Profiling Analysis Report Item No. 6.m. City Council Agenda Staff Report Meeting Date: 2/14/2023 Staff Contact: Alan Guard AGENDA ITEM: Approve an Ordinance Adopting Financial Policies. (Finance Director Alan Guard) SUMMARY: City Manager recommends City Council approve the ordinance adopting financial policies and adding the use of fund balance from PID funds. The only update to the financial policies at this time regards the use of funds received from Public Improvement Development agreements. These funds may be used for any legal purpose. It is recommended these funds be used for pay-as-you-go contributions for capital projects. Staff would like to formalize the use of these funds within the City's financial policies. Any appropriation of these funds would require formal Council action.This recommended addition can be found in the highlighted area on pages 21 and 22 of the attached exhibit. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The City's financial policies were most recently updated in May of 2021 to revise budget policies, including cash-handling and internal controls, and include post-issuance debt management policies. Memorandum 23-108 was sent January 30, 2023 outlining the PID fund and future capital projects. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Excellent. ATTACHMENTS: 1. Ordinance Adopting Financial Policies 02142023 2. Financial Policy Update Markup February 14 2023 3. Memorandum 23-108 PID Fund Policy for Capital Projects ORD. PAGE 1 OF 2 CITY OF ANNA, TEXAS ORDINANCE NO._____________ AN ORDINANCE OF THE CITY OF ANNA, TEXAS ADOPTING FINANCIAL POLICIES WHEREAS, the City of Anna, Texas (the “City”) is committed to principles and practices of open and fair government that honor the public trust; and, WHEREAS, the City of Anna, Texas City Council (“City Council”) has determined that it is in the interest of the neighbors of Anna to adopt Financial Policies that establish policies and procedures to govern the management and care of public funds required for operation of the City; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: SECTION 1. Recitals Incorporated. The above-referenced recitals are incorporated herein as if set forth in full for all purposes. SECTION 2. Financial Policy Adoption. The Council hereby approves the Financial Policies attached hereto as Exhibit 1 and incorporated herein for all purposes. Section 3. Savings, Severability and Repealing Clauses. All ordinances of the City in conflict with the provisions of this ordinance are repealed to the extent of that conflict. If any section, subsection, sentence, clause, or phrase of this ordinance, or its application to a particular set of persons or circumstances, is declared invalid or adjudged unconstitutional by a court of competent jurisdiction, it does not affect the remaining portions of this ordinance, as the various portions and provisions of this ordinance are severable. The City Council, declares that it would have passed each and every part of this ordinance notwistanding the omission of any part that is declared invalid or unconstitutional. Section 4. Effective Date This ordinance shall become effective after its passage and upon the posting and/or publication, if required by law. PASSED AND APPROVED by the City Council of the City of Anna, Texas, this, the 14th day of February, 2023. ORD. PAGE 2 OF 2 ATTESTED: _____________________________ Carrie L. Land, City Secretary APPROVED: ________________________________ Nate Pike, Mayor 1 | P a g e City of Anna, Texas Financial Policies Adopted: February 14, 2023 2 | P a g e FINANCIAL POLICIES The City of Anna, Texas financial policies set forth the basic framework for the fiscal management of the City. These policies are to ensure consistency in the City's financial processes related to revenue, expenditures, purchasing, accounting, investing, fiscal management, internal controls, and fund balance, as well as integrity, communication, prudent stewardship, planning, accountability, and full disclosure. These policies are intended to: A. Assist the City to ensure long-term financial stability and a healthy financial position; B. Assist the City Council and City staff in evaluating current activities and proposals for future programs; C. Demonstrate to the Neighbors of Anna, the investment community, and the bond rating agencies that the City is committed to strong fiscal operations; D. Fairly present and fully disclose the financial position of the City in conformity with accounting practices generally accepted in the United States of America; and E. Demonstrate compliance with finance-related legal and contractual issues in accordance with the Texas Local Government Code and other related legal mandates upon the City. The policies are to be reviewed on an annual basis and modified to accommodate changing circumstances and conditions. 3 | P a g e TABLE OF CONTENTS I. ACCOUNTING, AUDITING, AND FINANCIAL REPORTING ...………………. 4 II. INTERNAL CONTROLS …………………………………………………………... 5 III. CASH HANDLING ………………………………………………………………….7 IV. ANNUAL BUDGET PROCESS …………………………………………………….10 V. BUDGET ADMINISTRATION ……………………………………………………..12 VI. ASSET MANAGEMENT ……………………………………………………………16 VII. FIXED ASSETS …………………………………………………………………… ..17 VIII. FUND BALANCE AND WORKING CAPITAL RESERVE POLICY……………..18 IX. DEBT MANAGEMENT POLICY …………………………………………………..21 X. POST ISSUANCE COMPLIANCE FOR TAX EXEMPT DEBT …………………..30 4 | P a g e FINANCIAL MANAGEMENT POLICIES I. ACCOUNTING, AUDITING, AND FINANCIAL REPORTING A. Accounting The Finance Director and Accounting Manager are responsible for establishing and maintaining the chart of accounts and for properly recording financial transactions. B. Funds The accounts of the City are organized and operated on the basis of funds and account groups. Each fund is created for a specific purpose except for the General Fund. The General Fund is used to account for all transactions not accounted for in other funds. Fund accounting is used to aid management in demonstrating compliance with finance-related legal and contractual provisions. The City's annual budget shall be prepared and adopted on a basis consistent with generally accepted accounting principles for all governmental and proprietary funds except the capital projects funds, which Council approves project-length budgets. Account balances shall be reported on the modified accrual basis of accounting within the General Fund and other governmental funds and the accrual basis of accounting in the Utilities Fund. C. External Auditing The City will be audited annually by an outside independent auditing firm or other times as may be deemed necessary. 1. External Auditor Repute – The auditors must be a CPA and must demonstrate that they have the breadth and depth of staff to conduct the City’s annual audit in accordance with generally accepted auditing standards, generally accepted government auditing standards, and contractual requirements. 2. Timing - An annual independent audit will be completed and filed with the City Secretary within one hundred eighty (180) days from the completion of each fiscal year, the results of which shall be presented to and approved by the City Council. 3. Financial Statements - The financial statements to the City are to be prepared in conformity with generally accepted accounting principles (GAAP) in the United States of America as applied to governmental units. The Governmental Accounting Standards Board (GASB) is the accepted standard-setting body for establishing governmental accounting and financial reporting principles. 4. Management Letter – The external auditor will prepare and review the Management 5 | P a g e Letter with the City Council within 180 days from the end of the fiscal year. The external auditor will present and review the audit with City Council at a regular scheduled meeting. 5. Rotation of External Auditor - As stated in the City Charter, the City shall not use the same firm for more than five consecutive years. D. External Financial Reporting The City will prepare and publish a Comprehensive Annual Financial Report (CAFR). The CAFR will be prepared in accordance with generally accepted accounting principles and will be presented annually to the Government Finance Officers Association (GFOA) for evaluation and awarding of the Certification of Achievement for Excellence in Financial Reporting. The CAFR will be published and presented to the City Council within 180 days after the end of the fiscal year. E. Internal Financial Reporting The Finance Department will monitor revenues and expenditures as compared to current year budgets and investigate any variances found. Staff will prepare internal financial reports on a monthly basis sufficient for management and Council to plan, monitor, and control the City’s fiscal affairs. This report will compare previous year-to-date (YTD) actuals to current YTD actuals of the same quarter, as well as percentage of budget remaining. In addition, a more detailed analysis and report will be completed on a quarterly basis and provided to the City Manager and City Council. The report shall accurately reflect the City’s current position in regard to revenue and expenditure performance, as well as any additional information that reflects the City’s current and future fiscal position. F. Bank Depository The City shall select a bank depository that will meet the needs of the City and comply with all state laws governing such depositories and the management and safeguarding of public funds. The City shall issue a request for proposals/qualifications for the bank depository services every five years, or more often if necessary. However, said requirements shall not restrict the number of years, either cumulatively or consecutively, that any bank depository shall be used. Depositories shall be selected on a number of criteria, including but not limited to, ability to comply with state and local statutes, customer service, hours of operation, yield on deposits, geographic proximity to City Hall, services offered, etc. II. INTERNAL CONTROLS A. Written Procedures 1. The City shall maintain an environment conducive to good internal control. 6 | P a g e 2. Definitions Internal Control comprises the plan of organization and all of the coordinated methods and measures adopted within the City to safeguard its assets, check the accuracy and reliability of its assets, check the accuracy and reliability of its accounting data, promote operational efficiency, and encourage adherence to prescribed managerial policies. (This is the broad definition, recognizing that a “system” of internal control extends beyond those matters which relate directly to the accounting and finance functions. Source: AICPA SAS). This broad definition can be subdivided into two components; accounting and administrative, as follows: a. Accounting controls comprise the plan of organization and all the methods and procedures that are concerned mainly with, and relate directly to, the safeguarding of assets and the reliability of the financial records. b. Administrative controls comprise the plan of organization and all the methods and procedures that are concerned mainly with operational efficiency and adherence to managerial policies and usually relate only indirectly to the financial records. This policy is concerned primarily with the “Accounting Controls” and when the terms “internal controls” or “controls” are used, it is meant as Accounting Controls. 3. Responsibilities The Finance Department is responsible for designing appropriate controls for the departments and the departments are responsible for implementation. Inherent in these responsibilities is the recognition that the cost of internal control should not exceed the benefits expected to be derived. Also, internal controls may become inadequate as conditions change, thus requiring review and modification. 4. Objectives To provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition, and that transactions are executed in accordance with management’s authorization and recorded properly to permit the preparation of general-purpose financial statements in accordance with generally accepted accounting principles. 5. Basic Elements of Internal Control a. Personnel - Objectives are dependent on competence and integrity of personnel, independence of assigned functions, and their understanding of prescribed procedures. b. Computer Data Processing - Control over development, modification, and maintenance of computer programs; control over use and changes to data maintained on computer files; application controls, for example, edits that verify vendor numbers for check writing. c. Segregation of Duties - Procedures designed to detect errors and irregularities should be performed by persons other than those who are in a position to perpetrate them. 7 | P a g e d. Execution of Transactions - There is reasonable assurance that transactions are executed as authorized. e. Recording of Transactions - To permit preparation of financial statements, transactions are recorded in the proper period, amounts, and classification. f. Access to Assets - Both direct physical access and indirect access through preparation/processing of documents that authorize the use or disposition of assets be limited to authorized personnel. g. Comparison of Recorded Accountability with Assets - Comparison of actual assets with the recorded accountability, such as bank reconciliations and physical inventories. Accounting will utilize these basic elements of internal control in formulating departmental plans suitable to each department’s needs. An annual review of the plans will be performed and modifications made as required (or as a result of internal or external audits). B. Internal Audit Program 1. Committee - An internal audit committee, consisting of the Finance Director, Accounting Manager, and Budget Manager will be established. Annually, the Internal Audit Committee will review the administrative directives for any process improvements or changes and submit them for approval to the City Manager 2. Departmental Audits – Departmental processes will be reviewed on an on-going basis to ensure dual control of City assets and to identify the opportunity for fraud potential, as well as to ensure that departmental internal procedures are documented and updated as needed. 3. Employee or Transaction Review – Programs to be audited include petty cash (cash drawers), city credit card accounts, time entry, and travel expense. Discrepancies will be identified and remedied. The Department Director will be notified of the situation and, in cases of serious infractions, the City Manager will also be notified as well. C. Department Director’s Responsibility Department Director’s responsibilities to the City are to ensure that good internal controls are followed throughout his or her department, that all guidelines on cash handling and internal controls are implemented, and that all internal or external auditor internal control recommendations are addressed. III. CASH HANDLING A. Purpose The Cash Handling Policy is meant to provide City of Anna employees with guidelines on handling cash from the initial point of collection through depositing and the reconciliation 8 | P a g e process. Well managed cash handling is critical to safeguard the liquid assets of the City of Anna, provides a sound basis for generating accurate and reliable information and encourages adherence to federal and State of Texas laws and regulations. Finally, well managed cash handling promotes departmental efficiency and encourages employees who handle cash and interface with the public to provide courteous and outstanding customer service and support while safeguarding public funds. B. Basic Cash Handling Principles: All monies in the possession of City of Anna employees must be managed with the utmost care and understanding of the public trust given when handling public money. It is expressly understood that public monies require employees to use their best judgement when processing and depositing cash they are responsible for. Employees should consider the following when handling cash: • Are funds safely kept? • Are transactions promptly processed? • Am I providing high levels of customer service? • Are funds being reconciled accurately? • Do my actions pose any risk of loss or theft of public funds? In consideration of the basic principle outlined above, the following directives are set forth to ensure the proper safeguarding and processing of public funds. All monies prepared for deposit shall not be commingled with or used in the following ways: • Employees’ personal money • Cashing employee personal checks • Making personal change for City employees • Combining deposits with another employees’ cash drawer onto a single report Employees who are authorized to handle cash shall be issued their own individual cash box/drawer/register. The Finance Director is authorized to open and review any cash box at any time against the daily transactions. This will only be done in the presence of at least two other employees. It is expected that any employees collecting cash are held accounting for the transactions they handle. It should be possible to accurately determine the amount of cash for which each employee is responsible for at any point in time during any day. Cash boxes/drawers/registers shall always be locked when unattended or not in use and prior to securing in their department safe at the close of each business day. Employees shall verify and balance in their box and prepare a report of transactions each day when preparing their daily deposit. C. Processing Transactions: Cash received in person from a payer by a City employee shall be kept in view of and 9 | P a g e counted in front of the payer until the receipt is issued to the payer and the payer is satisfied. The City cashier employee shall count change due to the customer/payer twice - once to himself and once back to the payer. A receipt represents proof of payment and employees shall issue a receipt for every payment they receive. Receipts that are computer-generated shall indicate the payment method (i.e. cash, check, money order, etc.). Payments are entered in the Cash Receipts Entry Screen in the current Computer Software System. All hand-written receipts shall be maintained in a receipt book with carbon copies maintain for inspection and inclusion with deposit reports. Hand- written receipts are not preferred and should only be used in rare events when the software system is down or to provide greater service and expediency to a customer. Checks must be made payable to the City of Anna. The City cannot accept third-party checks. Employees should review checks carefully to determine the legal amount of the check. If the numeric amount on the check differs from the written amount, the written amount prevails as the legal amount. If the check includes only a numeric amount, the numeric amount is the legal amount. Employees are not permitted to change any amounts on a check. Whenever a payment is received, it is expected that the payment will be processed and prepared for deposit within 24 hours. D. Deposits: At the conclusion of each day all cash and checks shall be secured in each respective employees’ cash boxes/drawer and placed in a safe until the bank deposit is prepared. A bank deposit that includes the previous day’s cash collections for all departments is hand-delivered to the finance department each morning by 9:00 a.m. Upon receipt of all cash for deposits, finance department will provide all deposits to the Utility Billing Supervisor to take to the bank for processing each morning. Unless expressly authorized by the City Manager of Finance Director no employees shall hold any payment for any reason. All payments are expected to be prepared for deposit within 24 hours of receipt. The City of Anna does not hold checks in anticipation of providing a refund. The practice of holding payments for a refund is strictly prohibited and considered a poor safekeeping of public funds. If an employee is found to engage in this practice there may be cause for disciplinary action. This applies to all services provided by the City of Anna, i.e., utility billing, parks fees, building & permit fees, etc. E. Reconciliations: Each employee authorized to handle cash shall prepare a daily reconciliation of his/her cash box. Amounts received, receipts issued and actual monies deposited must be reconciled each day. The total of all cash, checks, money orders and credit card received must equal the total amount of receipts issued to customers. A Notice of Error Statement–Cash Overage or Shortage Form must be prepared and given to the Finance Director in the event of a money overage or shortage 10 | P a g e discrepancy. This Form must contain the date, employee’s name, type of payment, overage or shortage amount, explanation as to what caused the error(s) and be signed by the applicable employee and Director of Finance. IV. ANNUAL BUDGET PROCESS Budgeting is an essential element of the financial planning, control, and evaluation process of municipal government. The budget shall be prepared on the basis of priorities outlined by the City Council and the City Manager in the Strategic Plan. In addition, the budget shall be prepared and presented to meet the requirements of Section 102 of the Texas Local Government Code. A. Fiscal Year The fiscal year of the City begins on the first day of October and ends on the last day of September on the next succeeding year. Such fiscal year also constitutes the budget and accounting year. B. Submission of Budget and Budget Message On or before the 15th day of August of the fiscal year, the City Manager must submit to the City Council a budget for the ensuing fiscal year and an accompanying budget message. C. Budget Message The City Manager's message must explain the budget both in fiscal terms and in terms of the work programs. It must outline the proposed financial policies of the City for the ensuing fiscal year, describe the important features of the budget, indicate any major changes from the current year in financial policies, expenditures, and revenues together with the reasons for such changes, summarize the City's debt position and include such other material as the City Manager deems desirable. D. Budget a Public Record The budget and all supporting schedules must be filed with the person performing the duties of City Secretary when submitted to the City Council and must be open to public inspection by anyone interested. E. Public Hearing on Budget The City Council shall hold a public hearing on the proposed budget. Any person may attend and may participate in the hearing. The hearing will be held after the 15th day after the date the proposed budget is filed with the City Clerk but before the date the City Council makes its tax levy. 11 | P a g e Notice of the date, time, and location of the hearing will be published not earlier than the 30th or later than the 10th day before the public hearing in at least one newspaper of general circulation in the county. The notice will include, in type of a size at least equal to the type used for other items in the notice, the statement “This budget will raise more total property taxes than last year’s budget by (insert total dollar amount of increase and percentage increase), and of that amount (insert amount computed by multiplying the proposed tax rate by the value of new property added to the roll) is tax revenue raised from new property added to the tax roll this year.” F. Adoption of Budget At the conclusion of the public hearing, the City Council shall take action on the proposed budget. A vote to adopt the budget must be a record vote. Adoption of a budget that will require raising more revenue from property taxes than in the previous year requires a separate vote of the City Council to ratify the property tax increase reflected in the budget. This vote is in addition to and separate from the vote to adopt the budget or a vote to set the tax rate. Should the City Council take no final action on or before such day, the current budget will continue to be in force on a month-to-month basis until a new budget is adopted. An adopted budget must contain a cover page that includes a statement that accurately describes the property tax revenue as increasing, decreasing or staying the same; the record vote of each member of the City Council by name; the municipal property tax rates for the preceding fiscal year and current fiscal year; and the total amount of debt obligation secured by property taxes. G. Budget, Appropriation and Amount to be Raised by Taxation On final adoption, the budget is in effect for the budget year. Final adoption of the budget by the City Council constitutes the official appropriations as proposed by expenditures for the current year and constitutes the basis of official levy of the property tax as the amount of tax to be assessed and collected for the corresponding tax year. Estimated expenditures will in no case exceed proposed revenue plus cash on hand. Unused appropriations may be transferred to any item required for the same general purpose. H. Certification; Copies Made Available A copy of the budget, as finally adopted, must be filed with the person performing the 12 | P a g e duties of City Secretary and such other places required by state law or as the City Council may designate. The final budget must be printed, or otherwise reproduced and sufficient copies made available upon request for the use of all offices, agencies, interested persons and civic organizations. I. Budget Document The annual budget document shall be published in a format that satisfies all criteria established by the Government Finance Officers Association's Distinguished Budget Program. The final budget document shall be published no later than 90 days following the date of the budget's adoption by the City Council. The City's annual budget shall be prepared and adopted on a basis consistent with generally accepted accounting principles for all governmental and proprietary funds except the capital projects funds, which Council approves project-length budgets. The basis of budgeting will be the same as the basis of accounting; that is, that budgets for the General Fund and all special revenue funds are prepared on the modified accrual basis of accounting, and budgets for the Utility (Proprietary) Fund are presented on a full accrual basis, except that capital purchases and depreciation are not adjusted until year-end financial reporting. A balanced budget is one in which total proposed expenditures shall not exceed the total estimated income. The City’s goal is to balance the operating budget with current revenues, whereby, current revenues match and fund on-going expenditures. The City considers the budget balanced when total expenditures are equal to total revenues. However, the budget is also balanced when total expenditures are less then total revenues, a surplus. There may also be instances where the City plans to spend excess fund balance accumulated from previous years on one-time non- recurring purchases, while maintaining established reserves. The City considers the budget to be balanced in this case as well. However, the plan shall not be to build on-going expenditures into this type of funding. V. BUDGET ADMINISTRATION The City’s Charter (Section 7.09) addresses amending the adopted budget. Under conditions which may arise and which could not reasonably have been foreseen in the normal process of planning the budget, the City Council may, by the affirmative vote of a majority of the full membership of the City Council, amend or change the budget to provide for any additional expense in which the general welfare of the citizenry is involved. These amendments must be by ordinance and must become an attachment to the annual budget. Transfers between funds must be accomplished by budget amendment approved by the City Council. Budget amendments calling for new fund appropriations must also be approved by the City Council. 13 | P a g e Expenditures within each fund will remain within each department's original appropriation unless a budget adjustment is approved by the City Manager. Transfers between expenditure accounts in one department may occur with the approval of the Budget Manager. Transfers between operating departments may occur with the approval of the City Manager. According to the City’s Charter (Section 7.13) all annual appropriations lapse at fiscal year-end. Under the City's budgetary process, outstanding encumbrances are reported as reservations of fund balances and do not constitute expenditures or liabilities since the commitments will be re-appropriated and honored the subsequent fiscal year. A. REVENUE MANAGEMENT To protect the City's financial integrity, the City will maintain a diversified and stable revenue system to shelter it from fluctuations in any one revenue source. Recognizing that sales tax is a volatile, unpredictable source of revenue, the City will attempt to reduce its dependence on sales tax revenue. 1. Property Tax Revenues For every annual budget, the City shall levy two property tax rates: debt service and operation/maintenance. The debt service levy shall be sufficient for meeting all principal and interest payments associated with the City's outstanding general obligation debt for that budget year. The debt service levy and related debt service expenditures shall be accounted for in the Debt Service Fund. The operation and maintenance levy shall be accounted for in the General Fund. According to the Texas Property Tax Reform and Transparency Act of 2019, the operation and maintenance levy will not exceed the three and one-half percent voter-approval property tax rate without a mandatory election. As a result, it should be the policy of the City of Anna to adopt a tax rate below the voter-approval property tax rate. The City will maintain a policy of levying the lowest tax rate on the broadest tax base. Minimal exemptions will be provided to homeowners, senior citizens, and disabled veterans. The City may consider providing tax abatements or other incentives to encourage development. 2. Sales Tax Revenue The State Comptroller’s Office collects, administers, and disburses sales tax on a monthly basis. However, there is a two-month lag between the month of sales and when the City receives the revenue. The Budget Manager monitors and reports the activity, reflecting any state audit adjustments, refunds to gross collections, or fees withheld for the collection process. Accounting staff reports the sales tax revenues based on the month of sales. This results in sales tax received in the month of October and November being accrued back to the previous year. 3. Utility Charges 14 | P a g e The City will establish utility fees (water, wastewater, and sanitation) at a level that attempts to recover the full cost of providing the service. • Utility rates should identify the relative costs of serving different classes of customers. • Where possible, utility rates should be designed to reduce peak (hour and day) demands on the utility systems. 4. Impact Fees Impact Fees are currently imposed for water, wastewater, and roadway in accordance with applicable City Ordinances and state law. Impact fees will be re-evaluated at least every five years, as required by state law. When developing the annual budget, the City Manager shall project revenues from every source based on actual collections from the preceding year and estimated collections of the current fiscal year, while taking into account known circumstances which will impact revenues for the new fiscal year. The revenue projections for each fund should be made conservatively so that total actual fund revenues exceed budgeted projections. B. OPERATING EXPENDITURES Operating expenditures shall be accounted, reported, and budgeted for in the following major categories: Operating, Recurring Expenditures: • PAYROLL • SUPPLIES • MAINTENANCE • CONTRACTUAL SERVICES Operating, Non-Recurring Expenditures • CAPITAL OUTLAY The annual budget shall appropriate sufficient funds for operating, recurring expenditures necessary to maintain established (i.e. status quo) quality and scope of city services. The City will constantly examine the methods for providing public services in order to reduce operating, recurring expenditures and/or enhance quality and scope of public services with no increase to cost. Payroll expenditures will reflect the minimum staffing needed to provide established quality and scope of city services. To attract and retain employees necessary for providing high-quality service, the City shall maintain a compensation and benefit package competitive with the public and, when quantifiable, private service industries. Supply expenditures shall be sufficient for ensuring the optimal productivity of City employees. 15 | P a g e Maintenance expenditures shall be sufficient for addressing the deterioration of the City’s capital assets to ensure the optimal productivity of the capital assets. Maintenance should be conducted to ensure a relatively stable level of maintenance expenditures for every budget year. The City will utilize contracted labor for the provision of city services whenever private contractors can perform the established level of service at less expense to the City. The City will regularly evaluate its agreements with private contractors to ensure the established levels of service are performed at the least expense to the City. Capital outlay is defined as machinery, vehicles or equipment that exceeds $5,000 and has a useful life of at least three years. Existing capital equipment shall be replaced when needed to ensure the optimal productivity of City employees. Capital improvement is defined as an enhancement that exceeds $50,000 and has a useful life of at least ten years. Capital improvements are budgeted as multi-year projects in the Community Investment Program budget. To assist in controlling the growth of operating expenditures, operating departments will submit their annual budgets to the City Manager within a ceiling calculated by the Budget Manager. Projected expenditures that exceed the ceiling must be submitted as separate supplemental budget request. C. LONG-TERM FINANCIAL PLANS The City will adopt every annual budget in context of a long-term financial plan for the General Fund. Financial plans for other funds may be developed as needed. The General Fund long-term plan will establish assumptions for revenues, expenditures, and changes to fund balance over a five-year horizon. The assumptions will be evaluated each year as part of the budget development process. D. BUDGET CONTINGENCY PLAN This policy is designed to establish general guidelines for managing revenue shortfalls resulting from local and national economic downturn that adversely affect the City’s revenue stream. 1. Immediate Action Once a budgetary shortfall is projected, the City Manager will take the necessary actions to offset the projected shortfall with a reduction in current expenditures. The City Manager may: a. Freeze all hiring and filling of vacant positions except those deemed to be absolutely 16 | P a g e necessary; b. Review and delay all planned remaining capital expenditures not funded by bond proceeds; c. Delay all “non-essential” spending or equipment replacement purchases. 2. Further Action If the above actions are insufficient to offset the revenue deficit and the shortfall continues to increase, the City Manager will further reduce operating expenses to balance the variance. Any remaining service level reductions, including workforce reductions, will be reviewed and addressed between the City Council and City Manager. VI. ASSET MANAGEMENT A. Investments 1. Investment Policy - The City Council has formally approved a separate Investment Policy for the City that meets the requirements of the Public Funds Investment Act (PFIA), Section 2256 of the Texas Local Government Code. The policy is reviewed annually by the Council and applies to all financial assets held by the City. 2. Quarterly Report - As required by the Public Funds Investment Act (PFIA), a Quarterly Investment Report will be prepared and provided to the City Council. The report shall consist of at a minimum the following: a) A comparison of the prior quarter investment’s book and market value; b) Contain the current quarter and year-to-date (YTD) average yields; c) Reference the amount of interest income by quarter and YTD; d) List each investment instrument for the previous and current quarter with its rate of return, purchase and maturity date, book value, and market value; e) Provide a summary of the investments by fund group; f) Compare the total investment portfolio performance to the performance of a government investment pool. B. Cash Management The City’s cash flow will be managed to maximize the cash available to invest. The City’s depository accounts shall be pooled to limit the numbers of accounts and to allow for the City to pool investment purchases between funding sources. The Finance Director is responsible for establishing internal controls for banking activities such as wires, ACH payments, and transfers. Dual authorization shall be required for all wires and ACH payments. 17 | P a g e VII. FIXED ASSETS The City’s fixed (capital) assets are to be reasonably safeguarded and prudently insured against loss. The Finance Department is responsible for properly accounting for, reporting and capitalizing the assets in accordance with GAAP. A. Capitalization Criteria For the purposes of budgeting and accounting classification, the following criteria apply to assets to be capitalized: a) The asset must be owned by the City. b) The asset must be tangible. c) The expected useful life must be longer than three (3) years or must extend the useful life of an existing asset by more than two (2) years. d) The original cost of the asset must be greater than $5,000. e) Useful life will be established based on available sources that are in accordance with GAAP. f) On-going repairs and general maintenance will not be capitalized. g) Assets not meeting the above criteria will be expensed. B. New Purchases All costs associated with bringing the asset into working order will be capitalized as part of the asset cost. This will include start-up costs, engineering or consultant type fees that are incurred once the decision to purchase is made. The cost of land acquired should include all related costs associated with the purchase. C. Improvements and Replacements Improvements will be capitalized when they extend the useful life of an asset or when they make the asset more valuable than it was originally. The replacement of asset components will normally be expensed unless they are of a significant nature and meet all of the capitalization criteria. D. Contributed Capital Infrastructure assets received from developers will be recorded as equity contributions once the City Manager or Director of Public Works approves the letter of acceptance. E. Reporting and Inventory The Finance Department will maintain the permanent records of the city’s fixed assets, including description, cost, department of responsibility, date of acquisition, depreciation, and expected useful life. Periodic, random sampling will be performed to inventory fixed assets assigned to a department. Responsibility for safeguarding the City’s fixed assets lies with the department that has been assigned the asset. When an asset leaves a department’s responsibility due to disposition, sale or transfer, the assigned department is responsible to report the change in status or location to the Finance Department. 18 | P a g e VIII. FUND BALANCE AND WORKING CAPITAL RESERVE POLICY A. BACKGROUND The City of Anna (“City”) believes that sound financial management principles require that sufficient funds be retained by the City to provide a stable financial base at all times. To retain this stable financial base, the City needs to maintain a General Fund fund balance and Utility Fund working capital reserve sufficient to fund all cash flows of the City, to provide financial reserves for unanticipated expenditures and/or revenue shortfalls of an emergency nature, and to secure and maintain investment grade bond ratings. A fund’s equity in the General Fund is the difference between its total assets and total liabilities. On the other hand, working capital reserve in the Utility Fund is an excess of current assets over current liabilities. The purpose of this policy is to specify the size and composition of the City’s financial reserves and to identify certain requirements for replenishing any fund balance or working capital reserves utilized. The Governmental Accounting Standards Board (“GASB”) issued Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions (“GASB-54”). One objective of this standard was to improve, including the understandability, the usefulness of fund balance information by providing clear fund balance classifications. GASB-54 requires local governments to focus on the constraints imposed upon resources when reporting fund balance in governmental funds. Governmental funds are typically used to account for tax-supported activities (i.e. General Fund, Debt Service Fund). The fund balance classifications indicate the level of constraints placed upon how resources can be spent and identify the sources of those constraints. The following five classifications serve to inform readers of the financial statements of the extent to which the City is bound to honor constraints on the specific purposes for which resources in the General Fund can be spent. B. DEFINITIONS • Nonspendable Fund Balance – Fund balance reported as “nonspendable” represents fund balance that is (a) not in a spendable form such as prepaid items or (b) legally or contractually required to be maintained intact such as an endowment. • Restricted Fund Balance – Fund balance reported as “restricted” consists of amounts that can be spent only on the specific purposes stipulated by law or by the external providers of those resources. • Committed Fund Balance – Fund balance reported as “committed” are self-imposed limitations set in place prior to the end of the fiscal period. These amounts can be used only for the specific purposes determined by a formal action of the City Council, which is 19 | P a g e the highest level of decision-making authority, and that require the same level of formal action to remove the constraint. • Assigned Fund Balance – Fund balance reported as “assigned” consists of amounts that are subject to a purpose constraint that represents an intended use established by the City Council or by their designated body or official. The purpose of the assignment must be narrower than the purpose of the General Fund. Formal action is not necessary to impose, remove, or modify a constraint in Assigned Fund Balance. • Unassigned Fund Balance – Fund balance reported as “unassigned” represents the residual classification of fund balance and includes all spendable amounts not contained within the other classifications. C. ORDER OF EXPENDITURES When expenditures are incurred for the purposes for which multiple categories of fund balance can be utilized, the City will start with the most restrictive category and spend those funds first before moving down to the next category with available funds. D. POLICY ON COMMITTING FUND BALANCE In accordance with GASB-54, it is the policy of the City of Anna (“City”) that fund balance amounts will be reported as “Committed Fund Balance” only after formal action and approval by City Council. The action to constrain amounts in such a manner must occur prior to year- end; however, the actual dollar amount may be determined in the subsequent period. For example, the City Council may approve a motion prior to year-end to report within the year-end financial statements, if available, up to a specified dollar amount as Committed Fund Balance for a specified purpose. The exact dollar amount to be reported as Committed Fund Balance may not be known at the time of approval due to the annual financial audit not yet being completed. This amount can be determined at a later date when known and appropriately reported within the year-end financial statements due to the governing body approving this action before year-end. It is the policy of the City that the City Council may commit fund balance for any reason that is consistent with the definition of Committed Fund Balance contained within GASB-54. Examples of reasons to commit fund balance would be to display intentions to use portions of fund balance for future capital items, stabilization funds, or to earmark special General Fund revenue streams unspent at year-end that are intended to be used for specific purposes. After approval by the City Council, the amount reported as Committed Fund Balance cannot be reversed without utilizing the same process required to commit the funds. Therefore, in accordance with GASB-54, it is the policy of the City that funds can only be removed from the Committed Fund Balance category after motion and approval by the City Council. 20 | P a g e E. POLICY ON ASSIGNED FUND BALANCE In accordance with GASB-54, funds that are intended to be used for a specific purpose but have not received the formal approval action at the governing body level may be recorded as Assigned Fund Balance. Likewise, redeploying assigned resources to an alternative use does not require formal action by the governing body. GASB-54 states that resources can be assigned by the governing body or by another internal body or person whom the governing body gives the authority to do so, such as a committee or employee of the City. Therefore, having considered the requirements to assign fund balance, it is the policy of the City that the City Manager will have the authority to assign fund b alance of this organization based on intentions for use of fund balance communicated by the City Council. F. UNASSIGNED FUND BALANCE OF THE GENERAL FUND It is the goal of the City to achieve and maintain an unassigned General Fund fund balance equal to 40% of total appropriations. The City considers a balance of less than 25% to be a cause for concern, barring unusual or deliberate circumstances, and a balance of more than 40% as excessive. An amount in excess of 40% can be used in one of the following ways: • Increase the pay-as-you-go contributions needed to fund capital projects in the City’s Capital Improvement Plan. These funds will be transferred out to the Governmental Non- Bond Capital Projects Fund. • Increase funds contributed and transferred out to the Equipment Replacement Fund to assist in financing large capital equipment purchases. • Reduce accrued liabilities, including but not limited to the TMRS pension liability and capital lease liabilities. Prior to year-end, an Ordinance will be presented to Council when appropriate to give specific authority to the City Manager to make transfers of unexpended appropriations and excess revenues up to a certain threshold. The exact dollar amount to be transferred may not be known at the time of approval. This amount can be determined at a later date when known and appropriately reported within the year-end financial statements due to the governing body approving this action before year-end. In the event that the unassigned General Fund fund balance is less than the policy anticipates, the City shall adjust budget resources in the subsequent fiscal years to restore the balance or establish a time frame and work plan to replenish the fund balance. The work plan may include tax increases, fee increases, reduction of services, and/or reduction of expenditures (i.e. hiring freeze, salary freeze, or reduction of travel/training). Appropriation drawing down on unassigned General Fund fund balance shall require the approval of the City Council and shall be only for one-time expenditures, such as capital 21 | P a g e purchases, and not for ongoing expenditures unless a viable plan designated to sustain the expenditures is simultaneously adopted. G. WORKING CAPITAL RESERVES OF THE UTILITY FUND The City shall set aside resources during years of growth to fund a reserve for years of decline and/or to fund capital out of current funds for projects that would have otherwise been funded through debt financing. It shall be the goal of the City to maintain a working capital reserve in the Utility Fund of 25% of total appropriations in order to provide for potential unanticipated needs or the impact of weather. The City considers a balance of less than 25% to be a cause for concern, barring unusual or deliberate circumstances, and a balance of more than 40% as excessive. An amount in excess of 40% can be utilized in one of the following ways: • Increase the pay-as-you-go contributions needed to fund capital projects in the City’s Capital Improvement Plan. These funds will be transferred out to the Enterprise Non-Bond Capital Projects Fund. • Increase funds contributed and transferred out to the Equipment Replacement Fund to assist in financing large capital equipment purchases. • Reduce accrued liabilities, including but not limited to the TMRS pension liability and capital lease liabilities. Prior to year-end, an Ordinance will be presented to Council when appropriate to give specific authority to the City Manager to make transfers of unexpended appropriations and excess revenues up to a certain threshold. The exact dollar amount to be transferred may not be known at the time of approval. This amount can be determined at a later date when known and appropriately reported within the year-end financial statements due to the governing body approving this action before year-end. In the event the working capital reserves in the Utility Fund are less than the policy anticipates, a utility rate plan study will be utilized to determine the appropriate course of action when determining rates and establishing a timeframe to replenish the working capital reserves. This could include cost cutting, cost recovery, and revenue enhancing strategies. H. UNASSIGNED FUND BALANCE OF PUBLIC IMPROVEMENT DISTRICT FUNDS Funds collected from Public Improvement Districts (PIDs) through approved development agreements shall be treated in the following manner. PID funds may be used for any legal purpose. PID funds do not require any minimum fund balance reserve requirement. Any excess funds can be used to 22 | P a g e Increase the pay-as-you-go contributions needed to fund capital projects in the City’s Capital Improvement Plan. These funds will be transferred out to the Governmental Non- Bond Capital Projects Fund. At any time during the fiscal year, an Ordinance will be presented to Council when appropriate to give specific authority to the City Manager to make transfers of appropriated or unexpended PID funds and excess revenues up to a certain threshold. The exact dollar amount to be transferred may not be known at the time of approval. This amount can be determined at a later date when known and appropriately reported within the year-end financial statements due to the governing body approving this action before year-end. Appropriation drawing down on unassigned PID Fund balance shall require the approval of the City Council and shall be only for one-time expenditures, such as capital purchases, and not for ongoing expenditures unless a viable plan designated to sustain the expenditures is simultaneously adopted. IX. DEBT MANAGEMENT POLICY A. PURPOSE The purpose of this policy is to set forth the parameters for issuing new debt as well as managing the outstanding debt portfolio, identifying the types and amount of permissible debt, and maintaining or improving the current bond rating in order to minimize borrowing costs and preserving access to credit. Adherence to a debt management policy signals to rating agencies and capital markets that a government is well managed and should meet its obligations in a timely manner. Debt levels and their related annual costs are important long- term obligations that must be managed within available resources. This Policy establishes specific guidelines to ensure that the City adheres to sound financial practices whenever it incurs debt. The City should consider this Policy when recommending the issuance of debt. This Policy may be amended from time to time by the City Council to reflect innovative, but prudent financial and business practices. It is the intent of the City to establish this policy in order to: • Ensure high quality debt management decisions; • Ensure the debt management decisions are viewed positively by rating agencies, investment communities, and citizens; • Ensure support for debt issuance both internally and externally; • Ensure the legal and prudent use of the City’s bonding authority through an effective system of financial security and internal controls; 23 | P a g e • Promote sound financial management that utilizes long range financial planning; • Use debt financing where appropriate to match projected revenue streams; • Evaluate critical debt issuance options. B. POLICY STATEMENT Under the governance and guidance of Federal and State laws and the City’s Charter, ordinances and resolutions, the City may periodically enter into debt obligations to finance the construction or acquisition of infrastructure and other assets; or to refinance existing debt for the purpose of meeting its governmental obligation to its residents. It is the City’s desire and direction to ensure that such debt obligations are issued and administered in such fashion as to obtain the best long-term financial advantage to the City and its residents, while making every effort to maintain and improve the City’s bond ratings. The City shall not issue debt obligations or utilize debt proceeds to finance current operations of the City. C. CAPITAL IMPROVEMENT PROGRAM A Capital Improvement Program shall be prepared, submitted to, and approved by the Council annually. The Capital Improvement Program shall consist of at least a 5-year priority listing of long-term capital projects, accompanied by a financing plan which reflects potential financing options for all projects in the plan, and is supported by the appropriate sources of revenue. The financing plan shall be in accordance with the debt management policies contained herein. The CIP guides capital expenditures and funding requirements, and generally includes: • All capital projects, including outside funding sources such as grant funding, and those proposed to be financed, as available. • The fiscal impact these capital projects, once completed, will have on the City’s operating budget. D. DEBT LIMITS AND STRUCTURE As a Home Rule Charter City, the City of Anna is not limited in the amount of debt it may issue. However, the Texas Constitution, Article XI, Section 5 provides that the general property tax is limited to $2.50 per $100 of assessed valuation. Because the property tax is comprised of two components, Operations and Maintenance (O&M), plus Interest and Sinking (I&S) (which is the payment of principal and interest on legal debt instruments), the constitutional limits on the City’s property tax rate effectively establishes an absolute ceiling on the amount of debt that may be funded by property tax revenues. The determination of how much indebtedness the City can afford begins by assessing the 24 | P a g e sufficiency of future revenues through the use of a long-term financial projection. Factors such as debt service coverage requirements outlined in the bond indentures, the impact on the tax or utility rates, and any impact on the bond ratings shall be carefully considered. Debt service will be structured, to the greatest extent possible, to match projected cash flows, minimize the impact of future property tax levies, and maintain a relatively rapid payment of principle. The term of the debt issuance should not be greater than the expected useful life of the asset being financed, or the maximum maturity permitted by State law for the obligations to finance the acquisition or construction of the asset. E. RESPONSIBILITY The primary responsibility for developing financing recommendations rests with the City Manager and Finance Director. In developing financing recommendations, consideration will be given as follows: • The time proceeds are expected to remain on hand and the related carrying costs; • The options for interim financing including short term and interfund borrowing, taking into consideration federal and state reimbursement regulations; • The effect of the proposed action on the tax rate and user charges; • Trends in interest rates; • And other factors as appropriate. F. PROFESSIONAL CONSULTANTS A. Financial Advisor – A Financial Advisor will be used to assist in the issuance and administration of the City’s debt. The Financial Advisor will provide the City with objective advice and analysis on debt issuance. Financial services provided to the City shall include but shall not be limited to those listed below. • Provide analysis of the City’s financial capacity to authorize, issue, and service any debt instruments that are considered; • Monitor market opportunities, providing interpretation of market conditions which factor into timing of issuance; • Take primary responsibility for review of the quantitative analysis of the cash flows provided by the underwriter. Prepare reports matching all calculations for bond sizing, debt service schedules, savings calculations, bond calls, escrow calculations and cash flows on the project; • Coordinate assembly of data necessary for preparation of necessary petitions, ordinances, notices as may be required for elections to authorize debt instruments; 25 | P a g e • Maintain liaison with Bond Counsel utilized by the City in preparation of legal documents regarding authorization, sale and issuance of debt instruments; • Prepare official statements of disclosure as required; • Advise and facilitate obtaining credit ratings as necessary when issuing debt; • Attend meetings and make presentations as requested; • Participate in activities associated with rating agency reviews; • Other services as defined by the contract. B. Bond Counsel – The Bond Counsel will issue an opinion as to the legality and tax-exempt status of any obligation. The City will also seek the advice of Bond Counsel on all other types of financing and on any other questions involving federal tax or arbitrage l aw. The services provided by Bond Counsel will include but not limited to the list below. • Provide an objective legal opinion with respect to the authorization and issuance of debt obligations and whether interest paid is tax-exempt under federal and/or state laws and regulations; • Research applicable law; preparing documents; consulting with City staff and the Financial Advisor; reviewing proceedings; and performing additional duties as necessary to render the opinion; • Provide continuing legal advice regarding any actions necessary to ensure that interest will continue to be tax-exempt; • Participate, when requested, in activities associated with rating agency reviews; • Attend City Council meetings when the debt obligation for which Counsel is providing services is being considered; • Prepare the ordinance authorizing issuance of the obligations; • Other services as defined by the contract. G. APPROACH TO FINANCING A sound debt management program integrates pay-as-you-go project financing with projects financed through the issuance of debt. Pay-as-you-go financing may include; intergovernmental grants from federal, state, and other sources, current revenues and fund balance, private sector contributions, public/private partnerships, and/or leasing. The City’s Capital Improvement Program utilizes this combined approach to fund the City’s capital projects and capital assets. 26 | P a g e The City’s Debt Management Policy promotes the use of debt only in those cases where public policy, equity, and economic efficiency favor debt over cash (i.e., pay-as-you-go) financing or in the case where cash financing is not a possibility. Once the City has determined that “pay-as-you-go” is not a feasible financing option, the City may use Short-term or Long-term debt to finance capital projects. 1. Short Term Debt – Maturity of ten (10) years or less Short term obligations may be issued to finance projects or portions of projects. Typically, tax notes will be considered for smaller issues (less than $1 million). The City may also secure interim financing which shall eventually be refunded with the proceeds of long-term obligations. Short-term obligations may be backed with a tax or revenue pledge of available resources. Capital leases may be used to purchase high-priced equipment to manage year-to- year capital expenditure levels. 2. Long Term Debt (Bonds) – Maturity of ten (10) years up to thirty (30) years Long term general obligation or revenue bonds shall be issued to finance significant capital improvements or capital assets as set forth by the Capital Improvement Program (CIP). Long term debt may be incurred for only those purposes as provided by State law. The following list is factors which favor long term debt issuance. • Revenues available for debt service are sufficient and reliable such that long-term financing can be marketed with an investment grade credit rating. • Market conditions present favorable interest rates. • The project is required to meet or relieve capacity needs and current resources are insufficient or unavailable. • The life of the project or capital asset to be financed is 10 years or longer. Notwithstanding the above considerations, the City may consider the use of long-term debt in special circumstances for projects other than capital projects to better manage its assets and liabilities over time. H. CAPITAL LEASING Leasing shall not be considered when funds are on hand for the acquisition unless interest expense associated with the lease is less than the interest that can be earned by investing the funds on hand or when other factors such as budget constraints override the economic consideration. 27 | P a g e Whenever a lease is arranged with a private sector entity, a tax-exempt rate shall be sought. Whenever a lease is arranged with a government or other tax-exempt entity, the City shall strive to obtain an explicitly defined taxable rate so that the lease will not be counted in the City’s total annual borrowings subject to arbitrage rebate. The advice of the City’s Bond Counsel shall be sought in any leasing arrangement and when federal tax forms 8038 are prepared to ensure that all federal tax laws are obeyed. I. OTHER FINANCING ALTERNATIVES From time to time other types of financing may become available. Examples of these options are low-interest loans from State agencies. At the direction of the City Manager and Finance Director, the City’s Financial Advisor will prepare an analysis of the option. J. GENERAL DEBT GOVERNING POLICIES The primary use of debt the City is to fund capital projects; however, other debt may be issued as necessary and appropriate. Because of the use of facilities will occur over many years, it is appropriate to allocate the cost of the facilities over the useful life of the financed project. The City establishes the following policies concerning the issuance and management of debt: • The City will not issue debt obligations or use debt proceeds to finance current operations or normal maintenance. • The term of the bond shall not exceed thirty (30 years) unless there are extenuating circumstances that justify the longer term. • The City shall publish and distribute an official statement for each publicly traded Bond issue. • The City shall consider the purchase of private bond insurance at the time of the issuance, if it is financially beneficial to the transaction. • Debt financing includes, general obligation bonds, certificate of obligation bonds, revenue bonds, lease/purchase agreements and other obligations permitted to be issued under Texas law. • The City and the Financial Advisor shall review its outstanding debt annually for the purpose of determining if the financial marketplace will afford the City the opportunity to refund an issue and lessen its debt service costs. As a general rule, the present value savings of a particular refunding should exceed four (4%) of the refunded maturities, unless a restructuring or bond convent revision is necessary in order to facilitate the ability to provide services or issue additional debt in accordance with established debt policies, the refunding is done in combination with a new money issuance and involves maturities that would not be efficient to be refunded on a stand-alone basis, or a refunding that generates savings due to historically low interest rates or an unusual yield curve. 28 | P a g e • The City shall not issue bonded debt without enacting an authorizing Resolution. • The City shall seek to maintain the highest bond rating practical to ensure that borrowing costs are minimized and access to credit is preserved. • The City shall use a competitive bidding process in the sale of debt unless the nature of the issue warrants a negotiated sale or private placement. • The bond proceeds will be invested in accordance with the City’s Investment Policy. Interest earnings received on the investment bond proceeds shall be used to assist the costs associated with the capital project. • Debt shall be primarily used to finance capital projects or assets with a relatively long-life expectancy, i.e., generally five (5) years or greater. • Long-term debt will be structured such that the obligations do not exceed the expected useful life of the respective project or asset. • The City will primarily issue fixed rate bonds to protect the City against interest rate risk. The City does have the option to issue variable rate bonds and may, if market conditions warrant considering such a structure. • Short term debt may be issued as authorized by the City Council when circumstances or opportunities are present and such issuance will not adversely affect the operating funds, the ability to make debt payments, or jeopardize the financial integrity of the City or the component units. • The City shall have a program to comply with arbitrage rebate monitoring and filing. Because of the complexity of arbitrage rebate regulations and the severity of non- compliance penalties, the City will contract for these services. The City currently utilizes Hilltop Securities for these calculations. • The City is committed to continuing disclosure of financial and pertinent credit information relevant to the City’s outstanding securities and will abide by the provisions of Securities and Exchange Commission (SEC) Rule 15c2-12 concerning primary and secondary market disclosures. The City currently has a contract with Hilltop Securities to work with City staff to compile and file the required information in a timely manner. K. DEBT ISSUANCE AND REVENUE SOURCES General capital improvements shall be financed in accordance with the capital improvements program. Funds shall be for the financing of general improvements in accordance with the following: 29 | P a g e • To the extent funds described above are in excess of that required by the City’s General Fund operating budget, all or a portion of the excess amount shall be used for pay-as-you- go financing of general capital improvements or assets. • It shall be a goal, but not a requirement, of the City to finance a portion of the city-at-large capital improvement budget with pay-as-you-go financing with current resources remaining from year-end savings. • Outstanding bonds will be retired according to the debt repayment schedule. • Assumptions for taxable assessed value increases and revenues growth shall be conservative and justifiable. • Debt issued for water, sewer and other purposes for which operating and capital needs are supported by user fees, shall first be considered for issuance in the form of revenue bonds, certificates of obligation, or other debt instruments secured by the appropriate user fees. User fees shall be adequate to support operating requirements and revenue bond covenants for each purpose. Certificate of Obligation or General Obligation debt secured by operating revenues may also need to be secured with property taxes. L. METHODS OF SALE The City may use competitive sales, negotiated sales, or private placements. When considering the method of sale, the City will take the following conditions into consideration: a. Financial conditions; b. Market conditions; c. Transaction-specific conditions; d. City-related conditions; and e. Risks associated with each method. Additionally, the City considers the following criteria when determining the appropriate method of sale for any debt issuance: a. Complexity of the Issue – Municipal securities with complex security features require greater marketing and buyer education efforts on the part of the underwriter, to improve the investors’ willingness to purchase. b. Volatility of Bond Yields – If municipal markets are subject to abrupt changes in interest rates, there may be a need to have some flexibility in the timing of the sale to take advantage of positive market changes or to delay a sale in the face of negative market changes. 30 | P a g e c. Familiarity of Underwriters with the City’s Credit Quality – If underwriters are familiar with the City’s credit quality, a lower True Interest Cost (TIC) may be achieved. Awareness of the credit quality of the City has a direct impact on the TIC an underwriter will bid on an issue. Therefore, where additional information in the form of presale marketing benefits the interest rate, a negotiated sale may be recommended. The City strives to continue to increase the bond rating. d. Size of the Issue – The City may choose to offer sizable issues as negotiated so that pre- marketing and buyer education efforts may be done to more effectively promote the bond sale. M. DEFINITIONS OF METHODS OF SALE A Competitive Sale is when bonds are awarded in a sealed bid sale to an underwriter or syndicate of underwriters that provides the lowest True Interest Cost (TIC) bid. TIC is defined as the rate, which will discount the aggregate amount of debt service payable over the life of the bond issue to its present value on the date of delivery. A Negotiated Sale is when the City chooses an underwriter or underwriting syndicate, generally from the pool selected through its RFQ process, that is interested in reoffering a particular series of bonds to investors. A Private Placement is a sale of debt securities to a limited number of sophisticated investors. The City may engage a placement agent to identify likely investors. A private placement is beneficial when the issue size is small or when the security of the bonds is weak since the private placement permits issuers to sell more risky securities at a higher yield to investors that are familiar with the credit risk. N. FINANCING ALTERNATIVES It is the City’s intent to develop a level of cash and debt funded capital improvement projects that provide the citizens with the desired amount of City services at the lowest cost. The City may use general obligation debt, certificate of obligation debt, revenues bonds, tax notes, and capital leases as deemed appropriate by the City Staff, City’s Financial Advisors, and approved by the City Council. Below are guidelines the City utilizes in evaluating financing alternatives: • The City will fund the majority of capital projects with voter-approved debt; however, on occasion, it becomes necessary to seek additional financing in order to fund a particular non-quality of life project. • The total dollar amount of bond election propositions recommended to the voters shall not exceed the City’s estimated ability to issue said bonds within a normal 10-year period. • The use of reimbursement resolutions shall be encouraged as a cash management tool for general obligation and certificate of obligation debt funded projects. 31 | P a g e • Revenue Bond will be issued for projects will be issued for projects that generate revenues that are sufficient to repay the debt. Except where otherwise required by State Statutes, revenue bonds may be issued without voter approval and only in accordance with the laws of Texas. • The use of other debt obligations, permitted by law, including but not limited to tax notes and lease purchase obligations will be reviewed on a case-by-case basis. O. RATINGS • The City will strive to maintain good relationship with bond rating agencies as well as disclose financial reports and information to these agencies and to the public. • The City will obtain a rating from one nationally recognized bond-rating agency on all issues being sold on the public market. • Timely disclosure of annual financial information including other information will be provided to the rating agencies. • Timely disclosure of a pertinent financial information that could potentially affect the City’s credit rating will also be presented to the ratings agencies required information repositories and bond insurance companies insuring the City of Anna debt. This Debt Management Policy shall be reviewed at least annually, and any modifications must be adopted by the City Council. X. POST ISSUANCE COMPLIANCE FOR TAX-EXEMPT DEBT A. Purpose The purpose of these Procedures for Post-issuance Compliance (these “Procedures”) is to ensure that the bond financings of the City of Plano (the “City”) remain in compliance with the following federal tax requirements: • General Recordkeeping & Record Retention • Timely return filings • Proper and timely use of bond proceeds and bond-financed property • Arbitrage - yield restriction and rebate • Reissuance requirements • Corrective Action These Procedures apply to any obligations to which Sections 103 and 141 through 150 of the Internal Revenue Code of 1986 (the “Code”) apply, whether or not such obligations are in fact tax-exempt. For example, these Procedures will be followed with respect to any issue of tax credit bonds to which such sections of the Code apply. Further, the City is responsible for compliance with any requirements set forth in subsequent rulings and other advice published 32 | P a g e by the Internal Revenue Service (the “Service” or the “IRS”), as such authorities may apply to the City and its obligations. B. Responsible Parties The Finance Director of the City is ultimately responsible for the post-issuance compliance of bond financings. In addition, the following persons are responsible for the compliance roles described below: • Finance Director – Approval of policies, authorization of expenditures, delegation of responsibilities, and oversight of processes. • Accounting Manager – Review and reporting of expenditures of Bond proceeds, oversight of financial staff engaged in construction spending, coordination of expenditure, reporting on expenditure, financial reporting, internal controls and processing of invoice payments. • City Attorney – Coordination of legal services, review and records management of special legal entitlement agreements for Bond-financed facilities. • Finance Director – Day to day money management, investment of Bond related funds, investment and debt management services, investment and debt activity and coordination of records management of these details. • Budget Manager – Budgeting and determining bond-financed projects, and monitoring of bond-financed capital expenditures. Parties responsible for the financing aspects and the operations aspects of bond-financed facilities will coordinate efforts to ensure that any actions taken with respect to a bond-financed facility will be in compliance with the requirements of the Code. The City will provide training and/or make available educational materials regarding compliance requirements (e.g., private use requirements) to the parties responsible for the oversight of bond-financed facilities. C. General Recordkeeping and Records Retention General record retention duties are the responsibility of Finance Director and General Accounting Manager. The Finance Director will maintain a copy of the following documents on file at all times: • Audited Financial Statements • Reports of any examinations by the IRS of the City’s financing With respect to each issue of obligations, the Treasurer will retain the following for the life of the obligations (including the life of any issued to refunds the original debt) plus three years: • Bond transcript, including authorizing documents, offering document, the federal tax certificate and certificates regarding issue price • Minutes and resolution(s) authorizing the issue • Appraisals, demand surveys, and/or feasibility studies for bond-financed property • Related publications, brochures, and newspaper articles 33 | P a g e • Any formal elections (e.g., election to employ an accounting methodology other than specific tracing) • Records relating to the payment of debt service (including credit enhancement) • Documentation relating to investments and arbitrage compliance, as described in “Arbitrage – Yield Restriction and Rebate - Recordkeeping” below • Any grant requests or fundraising materials and documentation of grants or fundraising receipts relating to projects that also may be financed, in whole or in part, with bond proceeds • Any agreement listed in “Private Business Use – Special Legal Entitlements” that relates to a bond-financed facility • Bond paying agent/trustee statements • Rebate compliance reports • Related IRS filings (e.g. Form 8038-T Rebate) • IRS correspondence regarding such issue • Other documentation material to the particular requirements that are applicable to the tax status of the financing With respect to each issue of obligations, the Accounting Manager will retain Documentary evidence of when and for what purpose the bond proceeds were expended, as described in “Expenditures of Bond Proceeds - Recordkeeping” below (including the requisitions for expenditure of bond proceeds) for the life of the obligations (including the life of any obligations issued to refund the original debt) plus three years. Documents may be retained as hard copies or in an electronic format (in accordance with Revenue Procedure 97-22, 1997-1 C.B. 652), so long as such documents are retained in organized, accessible format that preserves the accuracy of such documents. D. Return Filings The Accounting Manager will be responsible for tracking the timely filing of the Form 8038-G information report (or such other series 8038 form as may be applicable to a specific issue of bonds) with the Service, which filing may be completed by bond counsel after the issuance of the obligations. The City must file a separate Form 8038-G for each issue of bonds not later than the 15th day of the second calendar month after the close of the calendar quarter in which the bonds are issued. E. Expenditure of Bond Proceeds 1. General The Controller is responsible for oversight of the expenditure of bond proceeds, including monitoring whether such expenditures are made in a timely manner for the purposes for which the bonds were authorized. The Controller will ensure that all proceeds of a bond issue are allocated to expenditures by the later of 18 months after the expenditure was made or the date the project is placed in service (and in no event, later than 60 days after (i) the fifth anniversary of the issue date or (ii) retirement of the issue). 34 | P a g e With respect to the reimbursement of any expenditure paid prior to the date of issue of the bonds, the Controller will ensure that such reimbursement allocation to bond proceeds is made not later than 18 months after the later of (i) the date the original expenditure is made or (ii) the date the project is placed in service, but in no event more than three years after the original expenditure is paid. Furthermore, the Controller will ensure that such reimbursement allocation is for the reimbursement of expenditures paid on or after 60 days prior to the date of a reimbursement resolution (including for this purpose a bond order). Bond Counsel should be consulted regarding allocation of expenditures between each Bond issue to ensure timely expenditure of Bond proceeds. In addition to ensuring the timely expenditure of bond proceeds, the Controller will ensure that bond proceeds are allocated to capital expenditures. Bond Counsel should be consulted regarding allocation of expenditures to non-capital items. 2. Recordkeeping With respect to each issue of obligations, the City will retain the following for the life of the obligations plus three years: • Documentation of allocations of bond proceeds to expenditures (e.g., allocation of bond proceeds for expenditures for the construction, renovation or purchase of facilities) • Documentation of allocations of bond proceeds to bond issuance costs • Copies of all requisitions, draw schedules, draw requests, invoices, bills, and cancelled checks related to bond proceeds spent during the construction period • Copies of all contracts entered into for the construction, renovation or purchase of bond- financed facilities • Records of expenditure reimbursements incurred prior to issuing bonds for bond-financed facilities • List or schedule of all bond-financed facilities or equipment • Depreciation schedules for bond-financed depreciable property • Documentation of any purchase or sale of bond-financed assets Documents may be retained as hard copies or in an electronic format (in accordance with Revenue Procedure 97-22, 1997-1 C.B. 652), so long as such documents are retained in organized, accessible format that preserves the accuracy of such documents. F. Private Business Use 1. General To confirm that the Bonds serve “purely” governmental purposes for the general public, it must be determined whether the issuer expects that there will be any private business use of the proceeds of the bonds. Private business use exists if more than the lesser of (i) five percent (and, in certain circumstances, ten percent) or (ii) $15,000,000 of the proceeds of the issue or the property to be financed by the bond proceeds are used directly or indirectly by any nongovernmental person in that person’s trade or business. In addition, no more than the lesser of (i) five percent (and, in certain circumstances, ten percent) or (ii) $15,000,000 of the proceeds of an issue may be secured directly or indirectly by property or payments derived from private business use under the “private security or payment test.” 35 | P a g e Private business use may occur due to trade or business use by unrelated third parties, the existence of special legal entitlements with respect to the bond-financed property or the sale or other transfer of bond-financed property. Finally, no more than the lesser of (i) five percent or (ii) $5,000,000 of the proceeds of an issue of bonds may be used to make loans or arrangement that allow a nongovernmental person to defer payments that it is obligated to make with respect to the financed property or the bonds. The City’s finance team will coordinate with the parties responsible for the operation of a bond-financed facility by communicating the private business use restrictions to such parties and requiring that all activity that may give rise to such use be communicated to the Finance Director. 2. Trade or Business Activities by Third Parties The City will maintain records of all trade or business activities by third parties allocable to its bond-financed facilities. Recognizing that trade or business activities by third parties may give rise to private business use, the City will maintain records of all unrelated trade or business activities allocable to its bond-financed facilities. The Controller is responsible for tracking trade or business activity by third parties as it relates to bond-financed facilities and will monitor such activity no less frequently than annually and, in any event, upon being notified of any new activity that will give rise to a significant amount of trade or business activity by a third party. 3. Special Legal Entitlements A special legal entitlement is an arrangement that conveys rights similar to ownership, a lease or a management contract (e.g., priority rights to use the facility). Recognizing that a special legal entitlement may give rise to private business use, each time the City intends to enter into one of the following, the City will determine if such agreement relates to any bond -financed facility: • Management and other service contracts • Research agreements • Naming rights contracts • Ownership • Leases • Subleases • Leasehold improvement contracts • Joint venture arrangements • Limited liability corporation arrangements • Partnership agreements • Non-contractual use of bond-financed office space and/or parking facilities by any nongovernmental person • Written contracts for special rates or priority for the purchase of output from bond- financed facilities (e.g., water) 36 | P a g e • Any other contract conferring a special legal entitlement or special economic benefit that are comparable to ownership If such an agreement will be with respect to a bond-financed facility, the City will take measures so that such agreement does not create impermissible private business use with respect to any issue of bonds used to finance such facility. Such measures may include ensuring that such agreement falls into an applicable safe harbor, making a determination that private use will not exceed the applicable limit or such other action as may be recommended by bond counsel. 4. Recordkeeping Related to Private Business Use With respect to each issue of bonds, the Controller will retain any records tracking private business use for the life of the bonds plus three years. In addition, with respect to each issue of bonds, the Controller will retain any agreements giving rise to private business use for the life of the bonds plus three years. G. Payments on the Bonds The trustee/paying agent for the bonds shall determine the amount of principal and interest payable on each payment date for the bonds. Periodically, and no less frequently than annually, the Controller will review the amount of the interest payments to verify that proper determinations of interest have been made. H. Arbitrage – Yield Restriction & Rebate 1. General The Treasurer is responsible for monitoring the City’s compliance with the yield restriction requirements of section 148(a) of the Code and the rebate requirements of section 148(f) of the Code. Such monitoring includes, but is not limited to: • Tracking the allocation of bond proceeds to expenditures for compliance with any temporary period and spending exceptions, no less frequently than yearly • Ensuring that any forms required to be filed with the IRS relating to arbitrage and any payments required pursuant thereto are filed in a timely manner • Ensuring that “fair market value” is used with respect to the purchase and sale of investments Additionally, the City will utilize a rebate analyst to monitor compliance with rebate and yield restriction rules on an annual basis. The City utilizes First Southwest to monitor arbitrage rebate and yield restriction. Compliance with the investment rules will require that the City be able to account for, in terms of dates and amounts, all uses (including disbursements and investment activity) of particular categories of bond-related money. The Controller will account for all of the following disbursements: monies in the project fund, debt service fund and any other fund 37 | P a g e into which proceed of the obligations have been deposited, including any reserve fund. In doing so, the Controller will use any reasonable consistently applied accounting method to account for gross proceeds, investments and expenditures of an issue. 2. Recordkeeping With respect to each issue of obligations, the City will retain the following for the life of the obligations plus three years: • Documentation of allocations of investments and calculations of investment earnings • Documentation for investments of the bond proceeds related to: 1. Investment contracts (e.g., guaranteed investment contracts) 2. Credit enhancement transactions (e.g., bond insurance contracts) 3. Financial derivatives (e.g., swaps, caps, etc.) 4. Bidding of financial products • Documentation regarding arbitrage compliance, including: 1. Computation of bond yield 2. Computation of rebate and yield reduction payments 3. Form 8038-T, Arbitrage Rebate, Yield Reduction and Penalty in Lieu of Arbitrage Rebate 4. Form 8038-R, Request for Recovery of Overpayments Under Arbitrage Rebate Provisions Documents may be retained as hard copies or in an electronic format (in accordance with Revenue Procedure 97-22, 1997-1 C.B. 652), so long as such documents are retained in organized, accessible format that preserves the accuracy of such documents. I. Reissuance Prior to making any changes to the terms of an obligation, including its underlying security, the City will consult with bond counsel to determine whether such change will result in the reissuance of such obligation for federal tax law purposes. If it is determined that a change will result in a reissuance, the City will take such action, including the recalculation of yield, the filing of a new form 8038-G and the payment of rebate obligations, as is necessary to maintain the tax status of the bonds. J. Corrective Action Reports regarding the aforementioned compliance policies with respect to any issue of bonds will be made to the Finance Director no less frequently than the end of each bond year. At such time, 38 | P a g e the Finance Director will determine whether any corrective action is required with respect to the applicable issue. A corrective action may be required if, for example, it is determined that bond proceeds were not properly expended, the City is not in compliance with the arbitrage requirements imposed by the Code or the City has taken a deliberation action that results in impermissible private business use (e.g., sale of bond-financed property). If the City determines or is advised that corrective action is necessary with respect to any issue of its obligations, the City will, as may be applicable, in a timely manner: • Seek to enter into a closing agreement under the Tax-Exempt Bonds Voluntary Closing Agreement Program described in Notice 2008-31 (or any successor notice thereto) • Take remedial action described under Section 1.141-12 of the Code • Take such other action as recommended by bond counsel Item No. 6.n. City Council Agenda Staff Report Meeting Date: 2/14/2023 Staff Contact: Alan Guard AGENDA ITEM: Approve a Resolution amending the authorized signatories to execute checks currently on file at Independent Financial. (Finance Director Alan Guard) SUMMARY: Staff recommends that Council approve the resolution amending the authorized signatories to execute checks currently on file at Independent Financial bank. James Proce is currently authorized as a signatory on the bank accounts at Independent Financial. As his term as City Manager formally ended on January 14, 2023 and Ryan Henderson was appointed as Interim City Manager that same day, it is recommended that James Proce's name be removed from, and Ryan Henderson's name be added to the list of authorized signatories on the City's accounts. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: Alan Guard, Carrie Land, Nate Pike, and Lee Miller are current and will remain signatories to execute checks currently on file at Independent Financial. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Excellent. ATTACHMENTS: 1. Resolution approving bank signatories 02.2023 RES. PAGE 1 OF 1 CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, AMENDING THE AUTHORIZED SIGNATORIES TO EXECUTE CHECKS CURRENTLY ON FILE AT INDEPENDENT FINANCIAL BY REMOVING JAMES PROCE FROM THE LIST OF AUTHORIZED SIGNATORIES; REMAINING WILL BE ALAN GUARD, CARRIE LAND, NATE PIKE, LEE MILLER, AND ADDING RYAN HENDERSON TO THE NAMED AUTHORIZED SIGNATURES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the contract with Independent Financial provides that the City will identify individuals considered Authorized Representatives for the purpose of conducting banking business on behalf of the City; and WHEREAS, James Proce ended his term as the City Manager as of January 14, 2023; and WHEREAS, Ryan Henderson has been appointed the Interim City Manager as of January 14, 2023. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated. The facts and recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Acknowledgement The City Council hereby designates Ryan Henderson as the replacement for James Proce on the list of authorized signatories for Independent Financial. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 14th day of February, 2023. ATTESTED: _____________________________ Carrie L. Land, City Secretary APPROVED: ________________________________ Nate Pike, Mayor Item No. 6.o. City Council Agenda Staff Report Meeting Date: 2/14/2023 Staff Contact: Steven Smith AGENDA ITEM: Approve a Resolution of the City of Anna, Texas declaring certain property of surplus and authorizing the City Manager to execute the sale or disposal of said property. (Interim Public Works Director Steven Smith) SUMMARY: The City owns a late model Chevy Tahoe which has been retired and is no longer in service. The City is seeking to have the vehicle declared surplus property, so that it may be sold or disposed of. The decision to declare this vehicle as surplus property was reviewed and approved by the City Attorney and the Finance Director. FINANCIAL IMPACT: This item has minimal financial impact. BACKGROUND: . STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Excellent. ATTACHMENTS: 1. Resolution - Surplus Property Disposition CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS DECLARING CERTAIN PROPERTY AS SURPLUS AND AUTHORIZING THE CITY MANAGER TO EXECUTE SALE OR DISPOSAL OF SAID PROPERTY. WHEREAS, the City Council of the City of Anna, Texas (the “City Council”) is the owner of certain items of personal property more particularly described herein; and WHEREAS, it has been determined that the aforesaid personal property is not needed or required for the City’s foreseeable needs but still has some usefulness for the purpose it was originally intended and may or may not have value and therefore determined as surplus property; and WHEREAS, the City desires to dispose of the surplus property identified herein and authorize the City Manager to sell or dispose of said property; 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. Declaration of Surplus Property The City Council declares the personal property listed as not needed or required for the City’s foreseeable needs but finds still has use usefulness for the purpose it was originally intended any may or may not have value and therefore declared as surplus property of the City: •2016 Chevrolet Tahoe – VIN# 1GNLCDEC7GR383592 Section 3. Authorization of Sale or Disposal The City Manager is hereby authorized to sell or dispose of said personal property through the advertisement and acceptance of bids for said property described in Section 2; if the City receives no bids the City Manager is authorized to sell or dispose of said personal property in any other manner in compliance with State law. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this Xth day of XXX 2023. ATTEST: APPROVED: Carrie L. Land, City Secretary Mayor, Nathan Pike Item No. 7.a. City Council Agenda Staff Report Meeting Date: 2/14/2023 Staff Contact: Terri Doby AGENDA ITEM: Consider/Discuss/Action on an Ordinance Amending the FY2023 Community Investment Program (CIP) Budget to increase funding for Fire Station 2 Project and increase station size to six bays. (Interim City Manager Ryan Henderson) SUMMARY: The proposed budget amendment includes funding for the following purposes: • Fire Station 2 ($4,660,000) As the City of Anna has moved forward with the 2021 Capital Improvement Bond Program, it has become increasingly evident that the costs for land acquisition, design, and construction of these significant projects have been impacted by rising costs associated with inflation. After being presented with the option of increasing Fire Station 2 to a six-bay fire station and realizing the costs will continue to increase, City Council deliberated and decided that now was the opportune time to increase the scope of the project. This amendment will fund the cost of the increased scope. The funding source for this budgeted increase is Public Improvement District Fees. There are no restrictions on this special revenue, as the funds can be used for any legal purpose. According to the newly adopted PID fee policy, these developer- contributed fees are to be used towards capital projects that expand services to our community. Using PID fees will eliminate the necessity of allocating additional property taxes and maintains the principal of growth paying for growth without an impact to our neighbors. The use of these funds for capital projects will also allow the City to offset the impact of the current inflationary period, and if desired, also expand the service of capital projects. FINANCIAL IMPACT: Amend the FY2023 Adopted Budget BACKGROUND: In 2021 the City Council initiated a bond election process that included Proposition A - Public Safety in the amount of $8 million which included funding for an aerial fire apparatus and to build Fire Station 2. Fire Station 2 will be constructed on the Villages of Hurricane Creek site on the west side of US 75 (Creek Meadows Drive and Standridge) utilizing a design-build construction contract. A groundbreaking was held January 10, 2023, and completion of the facility is expected within eighteen months, weather permitting. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Safe. ATTACHMENTS: 1. February Budget Amendment Ordinance 2. February Budget Amendment Exhibit A Six Bays PAGE 1 OF 2 CITY OF ANNA ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 1002-2022 ADOPTING THE BUDGET FOR THE 2022-2023 FISCAL YEAR; PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, on September 13, 2022, the City Council of the City of Anna, Texas (“City Council”), after a duly noticed public hearing as required under Texas Local Gov’t Code §102.106, and in accordance with applicable provisions of the City of Anna, Texas Home- Rule Charter (“Charter”), adopted a budget of all municipal appropriations and expenditures for the 2022-2023 fiscal year; and WHEREAS, the City is authorized to make this budget amendment by majority vote of the City Council under Section 7.09 of the Charter; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: SECTION 1. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this ordinance for all purposes and are adopted as a part of the judgment and findings of the City Council with respect to the budget amendments described herein. SECTION 2. The City Council of the City officially finds, determines, and declares that the City of Anna 2022-2023 fiscal year budget is hereby amended with respect to its Hurricane Creek PID Capital Project Fund as set forth in the original budget adopted under Ordinance No. 1002-2022 by replacing the information regarding said funds with the information relating to said funds set forth in the attached Exhibit A, incorporated herein for all purposes. SECTION 4. Upon adoption and execution of this ordinance, the City Secretary is directed to attach same and its exhibits to the original City of Anna 2022-2023 fiscal year budget in all places where said budget is filed as of public record or posted for public inspection. SECTION 5. If any provision of this ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this ordinance would have been enacted without such invalid provision. SECTION 6. It is officially found, determined, and declared that the meeting at which this ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this PAGE 2 OF 2 ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. PASSED, APPROVED, AND ADOPTED on first and final reading on this 14th day of February, 2023. ATTESTED: _________________________ City Secretary, Carrie Land APPROVED: _________________________ Mayor, Nate Pike EXHIBIT A COMMUNITY INVESTMENT PROGRAM BUDGET Expense: Project No. Funding Source Project Title Budget Change Revised Budget 2022-1008 General Obligation Bonds Fire Station 2 6,340,000$ -$ 6,340,000$ 2022-1008 Hurricane Creek PID Capital Project Fund Fire Station 2 -$ 4,660,000$ 4,660,000$ 6,340,000$ 11,000,000$ Justification: As the City of Anna has moved forward with the 2021 Capital Improvement Bond Program, it has become increasingly evident that the costs for land acquisition, design, and construction of these significant projects have been impacted by rising costs associated with inflation. After being presented with the option of increasing Fire Station 2 to a six-bay fire station and realizing the costs will continue to increase, City Council deliberated and decided that now was the opportune time to increase the scope of the project. This amendment will fund the cost of the increased scope. CITY OF ANNA DETAIL OF RECOMMENDED FY2023 BUDGET AMENDMENTS Item No. 7.b. City Council Agenda Staff Report Meeting Date: 2/14/2023 Staff Contact: Gregory Peters AGENDA ITEM: Consider/Discuss/Action on a Resolution approving Change Order 1 and Change Order 2 for Fire Station 2 to build the facility as a 6-bay fire station. (Interim Assistant City Manager Greg Peters, P.E.) SUMMARY: This item is part of a four-part consideration. The City Council will be presented with two options (3-Bay station versus 6-bay station), and the associated budget amendments. Staff is asking the City Council to consider approval of either the 3-bay option or the 6-bay option, along with the matching budget amendment. This item is for the proposed 6-bay station. In 2019 the City developed a project budget of $6,400,000 for the design and construction of Fire Station #2. This budget, along with an additional $1,600,000 in funding for an aerial ladder truck, was included as Proposition A in the City of Anna's 2021 Bond Election. Proposition A was overwhelmingly approved by the voters. Following approval of the Bond Election in 2021, the City began the process of selecting a design build contractor in 2022. Crossland Construction was selected in April of 2022 to do the work. Design of the facility began in late summer of 2022. During the design process in 2022, the costs of building materials and labor increased significantly as inflation in the construction industry exceeded 15% year over year. When combined with the inflation seen in 2021, the combined effect of cost increases resulted in the original project budget being inadequate for the construction of Fire Station #2 as a three-bay fire station. Now that the project design is entering the final phase, and site work on the project is beginning soon, Crossland Construction is able to provide the City with firm construction costs on the project. The budget shortfall for a 3-bay fire station is $1,600,000. Staff requested Crossland to price out the cost of expanding the project to a 6-bay station,which is in line with the planned future build-out of the facility. The budget shortfall to expand the project to a six-bay station is an additional $3,000,000. Constructing the additional three bays now will be cheaper than constructing them as a future phase. It is anticipated that the additional three bays will be required to be built within the next 3-5 years. Since this project is a critical facility, staff has developed a funding plan to cover the budget shortfall without impacting the tax rate or using taxpayer dollars. Staff is recommending that PID fees be used to fund the $1,600,000 needed to complete the 3- bay project, with an additional amount of $3,000,000 in PID Fees to expand the project to a six-bay station. PID Fees are paid by developers as a part of the process of creating public improvement districts (PID's) for master-planned developments. Utilizing these developer funds is in-line with the City Council's strategic goal of having growth pay for growth. The estimated schedule impact of constructing the additional 3 bays is two months, taking the construction timeline from approximately 12 months to approximately 14 months. The final project timeline will depend upon weather and material lead times. FINANCIAL IMPACT: Funding for the Fire Station 2 project was appropriated in the FY2023 Community Investment Program budget in the amount of $6,340,000 million from the 2021 Bond Funds. The estimated cost of Fire Station 2 with six bays is $11,000,000. The additional $4,660,000 is proposed to be paid from the PID Fee fund. BACKGROUND: The City Council approved the original design build contract with Crossland Construction in April of 2022 via Resolution 2022-04-1155. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Safe. ATTACHMENTS: 1. Resolution - Change Order for 6-Bay - Fire Station 2 2. Anna FS CO#1 GMP Revision DD Budget 3. Anna FS CO#2 Alternate Bays Addition 4. Original Res 2022-04-1155 Design and Construction of Fire Station 2 5. Original Crossland Contract Fire Station #2 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 AND APPROVING CHANGE ORDER NO. 1 AND CHANGE ORDER NO. 2 TO THE CONTRACT FOR DESIGN-BUILD SERVICES WITH CROSSLAND CONSTRUCTION, INCORPORATED FOR THE DESIGN AND CONSTRUCTION OF FIRE STATION 2 AS A SIX BAY STATION IN THE AMOUNT NOT TO EXCEED FOUR MILLION SIX HUNDRED THOUSAND DOLLARS ($4,600,000); AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Anna voters approved Bond Proposition “A” in May of 2021 for Public Safety improvements, including the construction of a new fire station; and, WHEREAS, the original identified budget established in 2019 for the design and construction of Fire Station 2 was $6,400,000; and, WHEREAS, the City selected Crossland Construction Incorporated as one of the three pre-qualified Design-Build firms in the Multi-Disciplinary RFQ process in 2021 as documented in Resolution 2021-07-940; and, WHEREAS, Change Order No. 1 and No. 2 are required to fully fund the construction of Fire Station No. 2 as a six bay station due to the additional materials required for three additional bays and the unforeseen and unprecedented inflation in 2022, resulting in increased costs for building materials and labor; and, WHEREAS, the approval of Change Order No. 1 and No 2 will increase the project budget for the design and construction of Fire Station 2 to $11,000,000; and, WHEREAS, the funding for Change Order No. 1 and Change Order No. 2 shall come from PID Fees, which are paid by developers as a part of creating public improvement districts for new master-planned developments; and, WHEREAS, Change Order No. 1 and No. 2 will not require any additional taxpayer funding or an increase in the City’s tax rate; 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.Authorization of Agreement and Funding. That the City Council of the City of Anna hereby authorizes the City Manager to execute Change Order 1 in the amount of $1,600,000, and Change Order No. 2 in the amount of $3,000,000, increasing the project budget to $11,000,000 for the design and construction of Fire Station 2 as a six bay fire station. That funding for Change Order No. 1 and Change Order No. 2 shall come from PID Fees. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this ___ day of February 2023. ATTEST: APPROVED: __________________________ __________________________ City Secretary, Carrie Land Mayor, Nate Pike Exhibit A – Change Order 1 Exhibit B – Change Order 2 CITY OF ANNA, TEXAS RESOLUTION NO. cK4A " G 1 bt) A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR DESIGN -BUILD SERVICES, IN A FORM APPROVED BY THE CITY ATTORNEY, WITH CROSSLAND CONSTRUCTION, INCORPORATED FOR THE DESIGN AND CONSTRUCTION OF FIRE STATION 2 IN THE AMOUNT NOT TO EXCEED SIX MILLION FOUR HUNDRED THOUSAND DOLLARS ($6,400,000); AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, Anna voters approved Bond Proposition "A" in May of 2021 for Public Safety improvements, including the construction of a new fire station; and, WHEREAS, the Developer of the Hurricane Creek Subdivision has agreed to dedicate property to the City of Anna at the northwest corner of Standridge Parkway and Creek Meadow Drive for a new fire station; and, WHEREAS, the identified budget for the design and construction of Fire Station 2 is 6,400,000; and, WHEREAS, the City selected Crossland Construction Incorporated as one of the three pre -qualified Design -Build firms in the Multi -Disciplinary RFQ process in 2021 as documented in Resolution 2021-07-940; and, WHEREAS, the City of Anna interviewed the three pre -qualified firms and selects Crossland Construction, Inc. as the highest scoring firm for the Fire Station 2 project: and, WHEREAS, the City Attorney shall review and approve all contracts by and between the City of Anna and Crossland Construction, Incorporated prior to execution by the City Manager; 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. Authorization of Agreement and Funding. That the City Council of the City of Anna hereby authorizes the City Manager to execute a design -build contract in an amount not to exceed $6,400,000.00 to Crossland Construction, Incorporated for the design and construction of Fire Station 2. That funding for the project shall come from the voter approved 2021 Bond Funds. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this Z day of April 2022. ATTEST: L • 0 City Secretary, Carrie Land OF A/v, APPROVED: layor, Nate Pike i111 OR P 1 AM $o ry,l a A,r ti F p IF PC Ir - -r III • S i. } P1 1.. RI- ool I` • try ! lI Ise. 1• III. •, PRIOR AMIL A, Pro MAP MCI TP I MCI- IF ma 3 ILL illy ''-jo I' ' L4 ua •: ;all 'Lr , ply /T!a`,~emu_ III. it Rf i I, i Pool p S i 11,1771111;,]1a ylfill' y r 111dU1a ll,ly xr { 11117,111 ,111),ill1 d ntlll 1 IrrrII IC AIIH III I I _ _ : - R`+Illllllilllllll 11 - _- k »II)„itMill lo w '1 = C, ; 1l11111,11111 1 lint I R; q_ )glununrnItIf 1lnqurn 1 _ tn11111111111 nnnlllnl a :Y111!11 !!8t(R Lin O, a O-,Lwr 7`" t ! LL OR As All trmm; PCs r n ,1 Iu•u OR ei, IF 1 4 or to I/, Unu1 711 ,11'1 n ' i doll AM A MCI Mmi O It 11111 For 1 ; _ 1 _ ;' _ _ "maA.c0PARr[F 111111111111} Ill1)11/, ORooi U ? v R AI p j Q O ° 1 , 'I, 1 I Il,in„ J " I. . ; ,r , Or A A PC Im if d of rr , PC I 5.. T Or OROR ] MINI. Jul i a z Rjj 1P,iD sn r7f r PANIC r r_ OR Or ARM MCI too If AMR 4 A As Col INC m I ARI CA I lrol o = C1 i_ . . Cliff . i f y yLnr000, • ' ` Ln 1 t &`ARE N C O m W mCD c ZMW Wanz 00 C7 0 W W UU I0(DIc) ce) o') NM Ul J A F- m F- M m OO O N NO In W fOD a m l0° M nJ a 'a Ni 7 CJ 7 C] CJ O a fN N U c E O EoQU J W a U M V N V V C7 N V V N N N c 4] cc E o E F- o Q U J W a ol V V N V C M 7 VN NCQ E Q U J W a O M V V a V V M N N p E E t m o v 0 0 E m w o F- 1. U y Z- O Q W 7 U a m s OJL O u n OadU w oa O d O m Z a F w a O M vOi a a Q O E L m r E m c 3 d m a o c CC c a Z a o K w0moLLI o cc y E E a U U li m FL- iL a N d o JT L N m N Z v 3 a vmm a E M c f/ 2$g7){ o IN Is0EiaEfEEIIN IN PIN INA 0 CIS INA LU j f TIN w wJ IN f IN v x IL k mINN B E 0 k 7a5]}\ x ff[ i{§§) IN IN 3)))X INN PIN NJ LU Lq Lq lu j k E j f E m a q mFL ja Lu NN IN E 2 m e0 03 0 Item No. 7.c. City Council Agenda Staff Report Meeting Date: 2/14/2023 Staff Contact: Terri Doby AGENDA ITEM: Consider/Discuss/Action on an Ordinance Amending the FY2023 Community Investment Program (CIP) Budget to increase funding for Fire Station 2 Project. (Budget Manager Terri Doby) SUMMARY: The proposed budget amendment includes funding for the following purposes: • Fire Station 2 ($1,660,000) As the City of Anna has moved forward with the 2021 Capital Improvement Bond Program, it has become increasingly evident that the costs for land acquisition, design, and construction of these significant projects have been impacted by rising costs associated with inflation. This budget amendment will fully fund the cost of a Fire Station 2 of the quality expected by our neighbors. The funding source for this budgeted increase is Public Improvement District Fees. There are no restrictions on this special revenue, as the funds can be used for any legal purpose. According to the newly adopted PID fee policy, these developer- contributed fees are to be used towards capital projects that expand services to our community. Using PID fees will eliminate the necessity of allocating additional property taxes and maintains the principal of growth paying for growth without an impact to our neighbors. The use of these funds for capital projects will also allow the City to offset the impact of the current inflationary period, and if desired, also expand the service of capital projects. FINANCIAL IMPACT: Amend the FY2023 Adopted Budget BACKGROUND: In 2021 the City Council initiated a bond election process that included Proposition A - Public Safety in the amount of $8 million which included funding for an aerial fire apparatus and to build Fire Station 2. Fire Station 2 will be constructed on the Villages of Hurricane Creek site on the west side of US 75 (Creek Meadows Drive and Standridge) utilizing a design-build construction contract. A groundbreaking was held January 10, 2023, and completion of the facility is expected within eighteen months, weather permitting. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Safe. ATTACHMENTS: 1. February Budget Amendment Ordinance 2. February Budget Amendment Exhibit A Three Bays PAGE 1 OF 2 CITY OF ANNA ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 1002-2022 ADOPTING THE BUDGET FOR THE 2022-2023 FISCAL YEAR; PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, on September 13, 2022, the City Council of the City of Anna, Texas (“City Council”), after a duly noticed public hearing as required under Texas Local Gov’t Code §102.106, and in accordance with applicable provisions of the City of Anna, Texas Home- Rule Charter (“Charter”), adopted a budget of all municipal appropriations and expenditures for the 2022-2023 fiscal year; and WHEREAS, the City is authorized to make this budget amendment by majority vote of the City Council under Section 7.09 of the Charter; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: SECTION 1. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this ordinance for all purposes and are adopted as a part of the judgment and findings of the City Council with respect to the budget amendments described herein. SECTION 2. The City Council of the City officially finds, determines, and declares that the City of Anna 2022-2023 fiscal year budget is hereby amended with respect to its Hurricane Creek PID Capital Project Fund as set forth in the original budget adopted under Ordinance No. 1002-2022 by replacing the information regarding said funds with the information relating to said funds set forth in the attached Exhibit A, incorporated herein for all purposes. SECTION 4. Upon adoption and execution of this ordinance, the City Secretary is directed to attach same and its exhibits to the original City of Anna 2022-2023 fiscal year budget in all places where said budget is filed as of public record or posted for public inspection. SECTION 5. If any provision of this ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this ordinance would have been enacted without such invalid provision. SECTION 6. It is officially found, determined, and declared that the meeting at which this ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this PAGE 2 OF 2 ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. PASSED, APPROVED, AND ADOPTED on first and final reading on this 14th day of February, 2023. ATTESTED: _________________________ City Secretary, Carrie Land APPROVED: _________________________ Mayor, Nate Pike EXHIBIT A COMMUNITY INVESTMENT PROGRAM BUDGET Expense: Project No. Funding Source Project Title Budget Change Revised Budget 2022-1008 General Obligation Bonds Fire Station 2 6,340,000$ -$ 6,340,000$ 2022-1008 Hurricane Creek PID Capital Project Fund Fire Station 2 -$ 1,660,000$ 1,660,000$ 6,340,000$ 8,000,000$ Justification: As the City of Anna has moved forward with the 2021 Capital Improvement Bond Program, it has become increasingly evident that the costs for land acquisition, design, and construction of these significant projects have been impacted by rising costs associated with inflation. This budget amendment will fully fund the cost of a Fire Station 2 of the quality expected by our neighbors. CITY OF ANNA DETAIL OF RECOMMENDED FY2023 BUDGET AMENDMENTS Item No. 7.d. City Council Agenda Staff Report Meeting Date: 2/14/2023 Staff Contact: Gregory Peters AGENDA ITEM: Consider/Discuss/Action on a Resolution approving Change Order 1 for the construction of Fire Station 2 as a three bay fire station. (Interim Assistant City Manager Greg Peters, P.E.) SUMMARY: This item is part of a four-part consideration. The City Council will be presented with two options (3-Bay station versus 6-bay station), and the associated budget amendments. Staff is asking the City Council to consider approval of either the 3-bay option or the 6-bay option, along with the matching budget amendment. This item is for the proposed 3-bay station. In 2019 the City developed a project budget of $6,400,000 for the design and construction of Fire Station #2. This budget, along with an additional $1,600,000 in funding for an aerial ladder truck, was included as Proposition A in the City of Anna's 2021 Bond Election. Proposition A was overwhelmingly approved by the voters. Following approval of the Bond Election in 2021, the City began the process of selecting a design build contractor in 2022. Crossland Construction was selected in April of 2022 to do the work. Design of the facility began in late summer of 2022. During the design process in 2022, the costs of building materials and labor increased significantly as inflation in the construction industry exceeded 15% year over year. When combined with the inflation seen in 2021, the combined effect of cost increases resulted in the original project budget being inadequate for the construction of Fire Station #2 as a three-bay fire station. Now that the project design is entering the final phase, and site work on the project is beginning soon, Crossland Construction is able to provide the City with firm construction costs on the project. The budget shortfall for a 3-bay fire station is $1,600,000. Since this project is a critical facility, staff has developed a funding plan to cover the budget shortfall without impacting the tax rate or using taxpayer dollars. Staff is recommending that PID fees be used to fund the $1,600,000 needed to complete the project. PID Fees are paid by developers as a part of the process of creating public improvement districts (PID's) for master-planned developments. Utilizing these developer funds is in-line with the City Council's strategic goal of having growth pay for growth. FINANCIAL IMPACT: Funding for the Fire Station 2 project was appropriated in the FY2023 Community Investment Program budget in the amount of $6,340,000 million from the 2021 Bond Funds. The estimated cost of Fire Station 2 is $8,000,000. The additional $1,660,000 is proposed to be paid from the PID Fee fund. BACKGROUND: The City Council approved the original design build contract with Crossland Construction in April of 2022 via Resolution 2022-04-1155. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Safe. ATTACHMENTS: 1. Resolution - Change Order for 3-Bay - Fire Station 2 2. Anna FS CO#1 GMP Revision DD Budget 3. Original Res 2022-04-1155 Design and Construction of Fire Station 2 4. Original Crossland Contract Fire Station #2 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 AND APPROVING CHANGE ORDER NO. 1 TO THE CONTRACT FOR DESIGN-BUILD SERVICES WITH CROSSLAND CONSTRUCTION, INCORPORATED FOR THE DESIGN AND CONSTRUCTION OF FIRE STATION 2 AS A THREE BAY STATION IN THE AMOUNT NOT TO EXCEED ONE MILLION SIX HUNDRED THOUSAND DOLLARS ($1,600,000); AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Anna voters approved Bond Proposition “A” in May of 2021 for Public Safety improvements, including the construction of a new fire station; and, WHEREAS, the original identified budget established in 2019 for the design and construction of Fire Station 2 was $6,400,000; and, WHEREAS, the City selected Crossland Construction Incorporated as one of the three pre-qualified Design-Build firms in the Multi-Disciplinary RFQ process in 2021 as documented in Resolution 2021-07-940; and, WHEREAS, Change Order No. 1 is required to fully fund the construction of Fire Station No. 2 as a three bay station due to the unforeseen and unprecedented inflation in 2022, resulting in increased costs for building materials and labor; and, WHEREAS, the approval of Change Order 1 will increase the project budget for the design and construction of Fire Station 2 to $8,000,000; and, WHEREAS, the funding for Change Order 1 shall come from PID Fees, which are paid by developers as a part of creating public improvement districts for new master-planned developments; and, WHEREAS, Change Order 1 will not require any additional taxpayer funding or an increase in the City’s tax rate; 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.Authorization of Agreement and Funding. That the City Council of the City of Anna hereby authorizes the City Manager to execute Change Order 1 in the amount of $1,600,000, increasing the project budget to $8,000,000 for the design and construction of Fire Station 2. That funding for Change Order 1 shall come from PID Fees. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this ___ day of February 2023. ATTEST: APPROVED: __________________________ __________________________ City Secretary, Carrie Land Mayor, Nate Pike Exhibit A – Change Order 1 CITY OF ANNA, TEXAS RESOLUTION NO. cK4A " G 1 bt) A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR DESIGN -BUILD SERVICES, IN A FORM APPROVED BY THE CITY ATTORNEY, WITH CROSSLAND CONSTRUCTION, INCORPORATED FOR THE DESIGN AND CONSTRUCTION OF FIRE STATION 2 IN THE AMOUNT NOT TO EXCEED SIX MILLION FOUR HUNDRED THOUSAND DOLLARS ($6,400,000); AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, Anna voters approved Bond Proposition "A" in May of 2021 for Public Safety improvements, including the construction of a new fire station; and, WHEREAS, the Developer of the Hurricane Creek Subdivision has agreed to dedicate property to the City of Anna at the northwest corner of Standridge Parkway and Creek Meadow Drive for a new fire station; and, WHEREAS, the identified budget for the design and construction of Fire Station 2 is 6,400,000; and, WHEREAS, the City selected Crossland Construction Incorporated as one of the three pre -qualified Design -Build firms in the Multi -Disciplinary RFQ process in 2021 as documented in Resolution 2021-07-940; and, WHEREAS, the City of Anna interviewed the three pre -qualified firms and selects Crossland Construction, Inc. as the highest scoring firm for the Fire Station 2 project: and, WHEREAS, the City Attorney shall review and approve all contracts by and between the City of Anna and Crossland Construction, Incorporated prior to execution by the City Manager; 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. Authorization of Agreement and Funding. That the City Council of the City of Anna hereby authorizes the City Manager to execute a design -build contract in an amount not to exceed $6,400,000.00 to Crossland Construction, Incorporated for the design and construction of Fire Station 2. That funding for the project shall come from the voter approved 2021 Bond Funds. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this Z day of April 2022. ATTEST: L • 0 City Secretary, Carrie Land OF A/v, APPROVED: layor, Nate Pike i111 OR P 1 AM $o ry,l a A,r ti F p IF PC Ir - -r III • S i. } P1 1.. RI- ool I` • try ! lI Ise. 1• III. •, PRIOR AMIL A, Pro MAP MCI TP I MCI- IF ma 3 ILL illy ''-jo I' ' L4 ua •: ;all 'Lr , ply /T!a`,~emu_ III. it Rf i I, i Pool p S i 11,1771111;,]1a ylfill' y r 111dU1a ll,ly xr { 11117,111 ,111),ill1 d ntlll 1 IrrrII IC AIIH III I I _ _ : - R`+Illllllilllllll 11 - _- k »II)„itMill lo w '1 = C, ; 1l11111,11111 1 lint I R; q_ )glununrnItIf 1lnqurn 1 _ tn11111111111 nnnlllnl a :Y111!11 !!8t(R Lin O, a O-,Lwr 7`" t ! LL OR As All trmm; PCs r n ,1 Iu•u OR ei, IF 1 4 or to I/, Unu1 711 ,11'1 n ' i doll AM A MCI Mmi O It 11111 For 1 ; _ 1 _ ;' _ _ "maA.c0PARr[F 111111111111} Ill1)11/, ORooi U ? v R AI p j Q O ° 1 , 'I, 1 I Il,in„ J " I. . ; ,r , Or A A PC Im if d of rr , PC I 5.. T Or OROR ] MINI. Jul i a z Rjj 1P,iD sn r7f r PANIC r r_ OR Or ARM MCI too If AMR 4 A As Col INC m I ARI CA I lrol o = C1 i_ . . Cliff . i f y yLnr000, • ' ` Ln 1 t &`ARE N C O m W mCD c ZMW Wanz 00 C7 0 W W UU I0(DIc) ce) o') NM Ul J A F- m F- M m OO O N NO In W fOD a m l0° M nJ a 'a Ni 7 CJ 7 C] CJ O a fN N U c E O EoQU J W a U M V N V V C7 N V V N N N c 4] cc E o E F- o Q U J W a ol V V N V C M 7 VN NCQ E Q U J W a O M V V a V V M N N p E E t m o v 0 0 E m w o F- 1. U y Z- O Q W 7 U a m s OJL O u n OadU w oa O d O m Z a F w a O M vOi a a Q O E L m r E m c 3 d m a o c CC c a Z a o K w0moLLI o cc y E E a U U li m FL- iL a N d o JT L N m N Z v 3 a vmm a E M c f/ 2$g7){ o IN Is0EiaEfEEIIN IN PIN INA 0 CIS INA LU j f TIN w wJ IN f IN v x IL k mINN B E 0 k 7a5]}\ x ff[ i{§§) IN IN 3)))X INN PIN NJ LU Lq Lq lu j k E j f E m a q mFL ja Lu NN IN E 2 m e0 03 0 Item No. 7.e. City Council Agenda Staff Report Meeting Date: 2/14/2023 Staff Contact: Ross Altobelli AGENDA ITEM: Conduct a Public Hearing/Consider/Discuss/Action on a Resolution regarding the Avery Pointe, Phase 1, Block U, Lots CA-67R & 68, Residential Replat. (Director of Development Services Ross Altobelli) SUMMARY: Two vacant lots on 6.4± acres located on the north side of W. White Street, 143± feet west of Buffalo Bill Drive. Zoned: Planned Development (Ord. No. 673-2014). The purpose of the Replat is to dedicate lot and block boundaries and easements necessary to subdivide the property. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The Replat is in conformance with the city’s Subdivision Regulations and Zoning Ordinances and is subject to additions and/or alterations to the engineering plans as required by the Public Works Department. The Planning & Zoning Commission recommended approval. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. ATTACHMENTS: 1. Avery Pointe Phase 1 Residential Replat Locator Map 2. RESOLUTION - (RP) Avery Pointe, Phase 1, Block U, Lots CA-67R & 68 3. Exhibit A (Stamped) - (Replat) Avery Pointe Phase 1, Block U, Lots CA-67R & 68 AVERY POINTE DR W WHITE ST WATERTON DRCOPPERSWITCHDRTIMBERFALLS DR BUFFALO BILL DRBUTCH CASSIDY DRSFERGUSONPKWYBROOKVIEWCTDEERFIELD DR BAT MASTERSON DR DOC HOLLIDAY DR WYATT EARP DR WESTCROSSINGBLVDSCopyright nearmap 2015 Subject Property 200' Notice Boundary City Limits ETJ ¯ 0 200 400100 Feet November 2022 H:\Notification Maps\Notification Maps\ Residential Replat - Avery Pointe, Phase 1 CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AVERY POINTE, PHASE 1, BLOCK U, LOTS CA-67R & 68, REPLAT. WHEREAS, In order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the “City Council”) has adopted Article 9.02 (“Subdivision Regulation”) and Article 9.04 (“Zoning Ordinance”) of the Anna City Code of Ordinances; and WHEREAS, Avery Pointe Residential Community Inc C/O Danielle Lascalere Managing Agent & Novus NDT Realty LLC have submitted an application for the approval of the Avery Pointe, Phase 1, Block U, Lots CA-67R & 68, Replat; and WHEREAS, Avery Pointe, Phase 1, Block U, Lots CA-67R & 68, Replat conforms to the existing zoning; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Replat The City Council hereby approves the Avery Pointe, Phase 1, Block U, Lots CA-67R & 68, Replat attached hereto as Exhibit A subject to additions and/or alterations to the engineering plans as required by the Public Works Department. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 14th day of February, 2023. ATTEST: APPROVED: __________________________ __________________________ City Secretary, Carrie L. Land Mayor, Nate Pike DrafterProjectDateEN11/29/20222209.033EAGLE SURVEYING, LLC222 S. Elm Street, Suite: 200Denton, TX 76201(940) 222-3009TX Firm #10194177SURVEYOREagle Surveying, LLCContact: Brad Eubanks222 S. Elm Street, Suite: 200Denton, TX 76201(940) 222-3009OWNERNovus NDT Realty LLC10941 Pattison DriveFrisco, Texas 75035(614) 946-2271PAGE 2 OF 2APPROVED on this the _________ day of ______________________, 20____,by the City Council, City of Anna, Texas._____________________________________Mayor_____________________________________City SecretaryCERTIFICATE OF APPROVALOWNER'S CERTIFICATESTATE OF TEXAS§COUNTY OF COLLIN§WHEREAS, NOVUS NDT REALTY LLC and AVERY POINTE RESIDENTIAL COMMUNITY, INC, are the owners of a 6.37 acre tract of land situated in the FRANCIS T. DUFFAU SURVEY, ABSTRACT NUMBER 288, City of Anna, CollinCounty, Texas, being all of a called 0.918 acre tract of land conveyed to NOVUS NDT REALTY LLC by Special Warranty Deed recorded in Document Number 2022000122529 of the Official Public Records of Collin County, Texas, being aportion of a tract of land conveyed to AVERY POINTE RESIDENTIAL COMMUNITY, INC by Deed Without Warranty recorded in Document Number 20161006001353000 of the Official Public Records of Collin County, Texas, being all of LotCA-67, Block U, Avery Pointe Phase 1, a subdivision of record in Document Number 2016-454 of the Plat Records of Collin County, Texas, and being more particularly described as follows:BEGINNING, at a 1/2" iron rod with yellow plastic cap stamped "JBI" found in the north right-of-way line of White Street (variable width right-of-way), being the southeast corner of said Lot CA-67;THENCE1 :DORQJWKHQRUWKULJKWRIZD\RIVDLG:KLWH6WUHHWEHLQJWKHVRXWKOLQHRIVDLG/RW&$DGLVWDQFHRI IHHWWRDLURQURGIRXQGEHLQJWKHVRXWKHDVWFRUQHURIDFDOOHGDFUHWUDFWRIODQGFRQYH\HGWRNOVUS NDT REALTY LLC by Special Warranty Deed recorded in Document Number 2022000122529 of the Official Public Records of Collin County, Texas and the southwest corner of said Lot CA-67;THENCE, along the common lines between said 0.63 acre tract and said Lot CA-67, the following bearings and distances:1.1 (DGLVWDQFHRI IHHWWRDLURQURGIRXQGEHLQJWKHQRUWKHDVWFRUQHURIVDLGDFUHWUDFW 2.6 :DGLVWDQFHRIIHHWWRDLURQURGIRXQGLQWKHHDVWHUO\OLQHRIDFDOOHGDFUHWUDFWRIODQGFRQYH\HGWR129861'75($/7<//&E\6SHFLDO:DUUDQW\'HHGUHFRUGHGLQ'RFXPHQW1XPEHU of the Official Public Records of Collin County, Texas, being the northwest corner of said 0.63 acre tract;THENCE1 (DORQJWKHHDVWOLQHRIVDLGDFUHWUDFWEHLQJWKHZHVWOLQHRIVDLG/RW&$DGLVWDQFHRI IHHWWRDLURQURGZLWK\HOORZSODVWLFFDSVWDPSHG-%,IRXQGLQWKHVRXWKOLQHRI%ORFN8$YHU\3RLQWH3KDVHan addition to the City of Anna, Collin County, Texas according to the plat recorded in Document Number 20170712010003310 of the Plat Records of Collin County, Texas;THENCE, along the common lines between Block U of said Avery Pointe Phase 2 and said Lot CA-67, the following bearings and distances:1.6 (DGLVWDQFHRI IHHWWRDLURQURGZLWK\HOORZSODVWLFFDSVWDPSHG-%,IRXQG 2.1 (DGLVWDQFHRIIHHWWRDLURQURGZLWKUHGSODVWLFFDSVWDPSHG.+$IRXQG 3.1 :DGLVWDQFHRI IHHWWRDLURQURGZLWKUHGSODVWLFFDSVWDPSHG.+$IRXQG 4.1 (DGLVWDQFHRIIHHWWRDLURQURGZLWKUHGSODVWLFFDSVWDPSHG.+$IRXQG 5.6 (DGLVWDQFHRIIHHWWRDLURQURGZLWKUHGSODVWLFFDSVWDPSHG%*7IRXQG 6.6 (DGLVWDQFHRIIHHWWRDLURQURGZLWKUHGSODVWLFFDSVWDPSHG.+$IRXQGLQWKHZHVWOLQHRI%ORFN$6HWWOHUV :D\DQDGGLWLRQWRWKH&LW\RI$QQD&ROOLQ&RXQW\7H[DVDFFRUGLQJWRWKHSODWUHFRUGHGLQDocument Number 2004-0152884 of the Plat Records of Collin County, Texas, being the northeast corner of said Lot CA-67;THENCE6 :DORQJWKHZHVWOLQHRI%ORFN$RIVDLG6HWWOHUV :D\EHLQJWKHHDVWOLQHRIVDLG/RW&$DGLVWDQFHRIIHHWWRWKHPOINT OF BEGINNING, containing 6.37 acres or 277,277 square feet, more or less.;OWNER'S DEDICATIONSTATE OF TEXAS§COUNTY OF COLLIN§NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS:THAT, NOVUS NDT REALTY LLC and AVERY POINTE RESIDENTIAL COMMUNITY, INC., do hereby adopt this plat, designating herein described property as AVERY POINTE PHASE 1, LOT 68 AND LOT CA-67R, BLOCK U, an additionto the City of Anna, Texas, and does hereby dedicate, in fee simple, to the public use forever, the streets and alleys shown thereon. The streets and alleys are dedicated for street purposes. The easements and public use areas, as shown, arededicated for the public use forever, for the purposes indicated on this plat. No buildings, fences, trees, shrubs, or other improvements or growths shall be constructed or placed upon, over, or across the easements as shown, except thatlandscape improvements may be placed in landscape easements, if approved by the City of Anna. In addition, utility easements may also be used for the mutual use and accommodation of all public utilities desiring to use or using the sameunless the easement limits the use to particular utilities, said use by public utilities being subordinate to the public's and City of Anna's use thereof. The City of Anna and public utility entities shall have the right to remove and keep removed allor parts of any buildings, fences, trees, shrubs, or other improvements or growths which may in any way endanger or interfere with the construction, maintenance, or efficiency of their respective systems in said easements. The City of Annaand public utility entities shall at all times have the full right of ingress and egress to or from their respective easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, reading meters, and adding to orremoving all or parts of their respective systems without the necessity at any time of procuring permission from anyone.DRAINAGE AND DETENTION EASEMENTSTATE OF TEXAS §COUNTY OF COLLIN §CITY OF ANNA §This plat is hereby adopted by the Owners and approved by the City of Anna (called "City") subject to the following conditions which shall be binding upon the Owners, their heirs, grantees and successors: The portion of Block 1, asshown on the plat is called "Drainage and Detention Easement." The Drainage and Detention Easement within the limits of this addition, will remain open at all times and will be maintained in a safe and sanitary condition by theowners of the lot or lots that are traversed by or adjacent to the Drainage and Detention Easement. The City will not be responsible for the maintenance and operation of said Easement or for any damage to private property or personthat results from conditions in the Easement, or for the control of erosion. No obstruction to the natural flow of storm water run-off shall be permitted by construction of any type of building, fence, or any other structure within theDrainage and Detention Easement as hereinabove defined, unless approved by the City Engineer. Provided, however, it is understood that in the event it becomes necessary for the City to erect or consider erecting any type of drainagestructure in order to improve the storm drainage that may be occasioned by the City shall have the right to enter upon the Drainage and Detention Easement at any point, or points, to investigate, survey or to erect, construct andmaintain any drainage facility deemed necessary for drainage purposes. Each property owner shall keep the Drainage and Detention Easement clean and free of debris, silt, and any substance which would result in unsanitaryconditions or obstruct the flow of water, and the City shall have the right of ingress and egress for the purpose of inspection and supervision of maintenance work by the property owner to alleviate any undesirable conditions whichmay occur. The natural drainage through the Drainage and Detention Easement is subject to storm water overflow and natural bank erosion to an extent which cannot be definitely defined. The City shall not be held liable for anydamages of any nature resulting from the occurrence of these natural phenomena, or resulting from the failure of any structure, or structures, within the Easement.PRELIMINARYthis document shall not be recordedfor any purpose and shall not beused or viewed or relied upon as afinal survey documentCERTIFICATE OF SURVEYORSTATE OF TEXAS§COUNTY OF COLLIN§I, MATTHEW RAABE, Registered Professional Land Surveyor, do hereby certify that this plat was prepared froman actual survey made on the ground and that the monuments shown hereon were found or placed with 1/2-inchiron rods with green plastic caps stamped "EAGLE SURVEYING" under my direction and supervision inaccordance with the current provisions of the Texas Administrative Code and the Ordinances of the City of Anna,Collin County, Texas._________________________________________________________________Matthew Raabe, R.P.L.S. # 6402 DateSTATE OF TEXAS§COUNTY OF TARRANT§BEFORE ME, the undersigned authority, on this day personally appeared MATTHEW RAABE, known to me to bethe person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed thesame for the purposes and considerations therein expressed and in the capacity therein stated.GIVEN UNDER MY HAND AND SEAL OF THE OFFICE this ________ day of _________________________,2022.___________________________________________Notary Public in and for the State of TexasREPLATAVERY POINTE PHASE 1LOT 68 & LOT CA-67R, BLOCK UZONED PD-RBEING A REPLAT OF LOT CA-67, BLOCK U, AVERY POINTE PHASE 1RECORDED IN DOCUMENT NUMBER 2016-454, P.R.C.C.T.AND BEING 6.37 ACRES OF LAND SITUATED IN THEFRANCIS T. DUFFAU SURVEY, ABSTRACT NO. 288,CITY OF ANNA, COLLIN COUNTY, TEXASDATE OF PREPARATION: NOVEMBER 29, 2022OWNER: NOVUS NDT REALTY LLCBY: ____________________________________________________________ Signature DateOwnerSTATE OF TEXAS§COUNTY OF ____________§BEFORE ME, the undersigned authority, on this day personally appeared ___________________,known to me to be the person whose name is subscribed to the foregoing instrument, andacknowledged to me that he executed the same for the purposes and considerations thereinexpressed and in the capacity therein stated.GIVEN UNDER MY HAND AND SEAL OF THE OFFICE this _______ day of_______________________, 2022.__________________________________________Notary Public in and for the State of TexasOWNER: AVERY POINTE RESIDENTIAL COMMUNITY, INC.BY: ____________________________________________________________ Signature DateOwnerSTATE OF TEXAS§COUNTY OF ____________§BEFORE ME, the undersigned authority, on this day personally appeared ___________________,known to me to be the person whose name is subscribed to the foregoing instrument, andacknowledged to me that he executed the same for the purposes and considerations thereinexpressed and in the capacity therein stated.GIVEN UNDER MY HAND AND SEAL OF THE OFFICE this _______ day of_______________________, 2022.__________________________________________Notary Public in and for the State of TexasOWNERAvery Pointe Residential Community, Inc.8668 John Hickman Parkway, Suite 801Frisco, Texas 75034(214) 705-1615 Item No. 7.f. City Council Agenda Staff Report Meeting Date: 2/14/2023 Staff Contact: Joey Grisham AGENDA ITEM: Conduct a Public Hearing and Consider/Discuss/Action on a Resolution regarding the creation of The Woods at Lindsey Place Public Improvement District and ordering public improvements to be made for the benefit of such district. (Director of Economic Development Joey Grisham) SUMMARY: Staff recommends that the City Council conduct a Public Hearing and approve a Resolution creating The Woods at Lindsey Place Public Improvement District. As previously discussed with the City Council, DR Horton has submitted its PID petition for The Woods at Lindsey Place Development located off Rosamond Pkwy. Chapter 372 of the Texas Local Government Code requires a public hearing that is set for February 14, 2023. FINANCIAL IMPACT: The City will receive approximately $3.23 million in PID fees. BACKGROUND: DR Horton approached the city months ago about the creation of a Public Improvement District for The Woods at Lindsey Place Development located off Rosamond Pkwy. Some of the benefits of creating a PID include the developer expediting the construction of their portion of Buddy Hayes Blvd. and adding several park features and amenities. The city will also receive PID fees estimated at over $3.2 million. The City Council approved the Amended Development Agreement with DR Horton on January 24, 2023. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique and Vibrant. ATTACHMENTS: 1. Resolution Creating the Lindsey Place PID v2 CERTIFICATE FOR RESOLUTION THE STATE OF TEXAS COLLIN COUNTY CITY OF ANNA We, the undersigned officers of the City of Anna, Texas (the "City"), hereby certify as follows: 1. The City Council (the "Council") of the City convened in a regular meeting on February 14, 2023, at the regular designated meeting place, and the roll was called of the duly constituted officers and members of the Council, to wit: Nate Pike, Mayor Stan Carver II, Council Member Lee Miller, Mayor Pro Tem Pete Cain, Council Member Randy Atchley, Deputy Mayor Pro-Tem Danny Ussery, Council Member Kevin Toten, Council Member Ryan Henderson, Interim City Manager Carrie Land, City Secretary and all of said persons were present, except , thus constituting a quorum. Whereupon, among other business the following was transacted at said meeting: a written A RESOLUTION REGARDING THE CREATION OF THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT AND ORDERING PUBLIC IMPROVEMENTS TO BE MADE FOR THE BENEFIT OF SUCH DISTRICT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND CONTAINING OTHER MATTERS RELATING TO THE SUBJECT. was duly introduced for the consideration of the Council. It was then duly moved and seconded that said Resolution be passed; and, after due discussion, said motion, carrying with it the passage of said Resolution, prevailed and carried, with all members of the Council shown present above voting "Aye," except as noted below: NAYS:ABSTENTIONS: 2. A true, full, and correct copy of the aforesaid Resolution passed at the meeting described in the above and foregoing paragraph is attached to and follows this Certificate; said Resolution has been duly recorded in the Council's minutes of said meeting; the above and foregoing paragraph is a true, full, and correct excerpt from the Council's minutes of said meeting pertaining to the passage of said Resolution; the persons named in the above and foregoing paragraph are the duly chosen, qualified, and acting officers and members of the Council as indicated therein; that each of the officers and members of the Council was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the aforesaid meeting, and that said Resolution would be introduced and considered for passage at said meeting, and each of said officers and members consented, in advance, to the holding of said meeting for such purpose; and that said meeting was open to the public, and public notice of the time, place, and purpose of said meeting was given all as required by the Texas Government Code, Chapter 551. 3. The Council has approved and hereby approves the Resolution; and the Mayor (or Mayor Pro Tem) and City Secretary hereby declare that their signing of this certificate shall constitute the signing of the attached and following copy of said Resolution for all purposes. SIGNED AND SEALED ON FEBRUARY 14, 2023. ATTEST: ___________________________________ Nate Pike, Mayor ___________________________________ Carrie L. Land, City Secretary (SEAL) CITY OF ANNA, TEXAS RESOLUTION NO. 2023-02-____ A RESOLUTION REGARDING THE CREATION OF THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT AND ORDERING PUBLIC IMPROVEMENTS TO BE MADE FOR THE BENEFIT OF SUCH DISTRICT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND CONTAINING OTHER MATTERS RELATING TO THE SUBJECT. WHEREAS, the City of Anna, Texas (the "City") is authorized by Chapter 372, Texas Local Government Code, as amended (the "Act") to create a public improvement district and to levy special assessments against property within the district to pay the costs of public improvement projects that confer a special benefit on property within the district; WHEREAS, on January 17, 2023, there was submitted to and filed with the City Secretary of the City (the “City Secretary”) pursuant to the Act that certain "Petition for Creation of The Woods at Lindsey Place Public Improvement District Within the City of Anna, Texas" (the "Petition") requesting the establishment of a public improvement district covering approximately 198.006 acres located within the City as described in the Petition and Exhibit A attached hereto (the “Property”), and to be known as "The Woods at Lindsey Place Public Improvement District" (the "District"); WHEREAS, the City Council of the City (the "City Council") received the Petition and determined that it satisfied the requirements of the Act; WHEREAS, after providing the notices required by the Act and by the Texas Open Meetings Act, Chapter 551, Texas Government Code, as amended, the City Council opened and conducted a public hearing on February 14, 2023, to determine the advisability of creating and establishing the District and undertaking the public improvement projects described in the Petition; WHEREAS, all owners of the Property located within the District and all other interested persons were given the opportunity at such public hearing to speak for or against the creation of the District and the proposed public improvements; and WHEREAS, the City Council has made findings based on the information contained in the Petition presented to the City Council and any comments received at the public hearing. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1. The City Council hereby approves the statements contained in the preamble of this Resolution and finds that all statements are true and correct and incorporate the same in the body of this Resolution. Section 2. The City Council, after considering the Petition and the evidence and testimony presented at the public hearing, hereby finds and determines that: (a) the Petition was filed with the City Secretary and was signed by owners of taxable real property representing more than fifty percent (50%) of the appraised value of taxable real property liable for assessment under the proposal, as determined by the current appraisal roll of the appraisal district in which the property is located, and by the record owners of real property liable for assessment under the proposal who own taxable real property that constitutes more than fifty percent (50%) of the area of all real property that is liable for assessment under the proposal; (b) the proposed public improvements described in the Petition are of the nature of the public improvements described in Section 372.003 of the Act and are advisable and desirable improvements for the District; (c) the proposed public improvements will promote the interests of the City and are of the nature that will confer a special benefit on the Property within the District by enhancing the value of such Property located within the District; (d) the general nature of the proposed public improvements and estimated costs thereof are set forth and described in Exhibit B attached hereto and made a part hereof for all purposes; (e) the boundaries of the District include all of the Property that is set forth and described in Exhibit A attached hereto and made a part hereof for all purposes; (f) the assessment of costs of the proposed improvements will be levied on each parcel of property within the District in a manner that results in imposing equal shares of the costs on property similarly benefitted; (g) the costs of the improvements shall be apportioned between the District and City such that all such costs are paid from the assessments levied on the Property within the District and other sources available to the owners and developers of the Property within the District, as further described in Exhibit B; and (h) the District shall be managed without the creation of an advisory body. Section 3. Based on the foregoing, the District is hereby created as a public improvement district under the Act in accordance with the findings of the City Council as to the advisability of the public improvements described in Exhibit B, the nature and the estimated costs of the public improvements, the boundaries of the District, the method of assessment, and the apportionment of costs as described herein, which are authorized to be made in accordance with the service and assessment plan to be approved by the City Council. Section 4. The City Council hereby authorizes and directs the City Secretary, on or before February 21, 2023, in accordance with the Act, to file this Resolution with the County Clerk of Collin County, Texas. Section 5. If any section, article, paragraph, sentence, clause, phrase or word in this resolution or application thereof to any persons or circumstances is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this resolution; and the City Council hereby declares it would have passed such remaining portions of the resolution despite such invalidity, which remaining portions shall remain in full force and effect. Section 6. This Resolution has been approved by majority vote of all members of the City Council and constitutes the improvement order establishing and creating the District in accordance with the Act. Section 7. This Resolution shall take effect immediately from and after the date of its passage in accordance with law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THIS 14TH DAY OF FEBRUARY, 2023. Nate Pike, Mayor ATTEST: Carrie L. Land, City Secretary EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY BEING a tract of land situated in the Town of Anna, Collin County, Texas, a part of Eli Witt Survey, Abstract No. 997, being part of a called 275.00 acre tract of land described in a Special Warranty Deed to D.R. Horton – Texas, Ltd., recorded in Instrument No. 20210212000310470, Official Public Records, Collin County, Texas (O.P.R.C.C.T), and being more particularly described as follows: COMMENCING at a five-eighths inch iron rod with yellow plastic cap that is illegible found at the southeast corner of said 275.00 acre tract of land, said iron rod being at the northeast corner of a called 226.62 acre tract of land described in a Warranty Deed to QJR Partnership, Ltd. recorded in Volume 5106, Page 2380, O.P.R.C.C.T and said iron rod being in the west line of a called 50.00 acre tract of land described in a Special Warranty Deed with Vendor’s Lien to MCI Preferred Income Fund II, LLC, recorded in Instrument No. 20210830001753370, (O.P.R.C.C.T); THENCE South 89 degrees 28 minutes 48 seconds West, a distance of 168.60 feet along the south line of said 275.00 acre tract of land and along the north line of said 226.62 acre tract of land to the POINT OF BEGINNING of the herein described tract of land; THENCE South 89 degrees 28 minutes 48 seconds West, a distance of 2,480.27 feet along the south line of said 275.00 acre tract of land) and along the north line of said 226.62 acre tract of land to a point for corner, from which a one-half inch iron rod with yellow plastic cap stamped ”BOHLER ENG” set (hereinafter called “iron rod set”) at the southwest corner of said 275.00 acre tract of land bears South 89 degrees 28 minutes 48 seconds West, a distance of 335.99 feet THENCE North 00 degrees 34 minutes 00 seconds West, a distance of 385.03 feet to a point for corner; THENCE North 29 degrees 27 minutes 03 seconds West, a distance of 120.00 feet to a point for corner; THENCE Northeasterly 44.49 feet along a non-tangent curve to the left, having a central angle of 03 degrees 13 minutes 35 seconds, a radius of 790.00 feet, a tangent of 22.25 feet and whose cord bears North 58 degrees 56 minutes 09 seconds East, a cord distance of 44.48 feet to a point for corner; THENCE Northeasterly 236.99 feet along a curve to the right, having a central angle of 14 degrees 55 minutes 17 seconds, a radius of 910.00 feet, a tangent of 119.17 feet and whose cord bears North 64 degrees 47 minutes 01 seconds East, a cord distance of 236.32 feet to a point for corner; THENCE North 00 degrees 33 minutes 39 seconds West, a distance of 652.43 feet to a point for corner; THENCE North 89 degrees 26 minutes 21 seconds East, a distance of 144.81 feet to a point for corner; THENCE North 02 degrees 33 minutes 19 seconds East, a distance of 504.55 feet to a point for corner; THENCE North 00 degrees 33 minutes 39 seconds West, a distance of 1,369.34 feet to a point for corner; THENCE South 89 degrees 26 minutes 21 seconds West, a distance of 620.00 feet to a point for corner; THENCE North 00 degrees 33 minutes 39 seconds West, a distance of 526.78 feet to a point for corner; THENCE Northeasterly 1,091.99 feet along a curve to the right, having a central angle of 32 degrees 41 minutes 20 seconds, a radius of 1,914.00 feet, a tangent of 561.30 feet and whose cord bears North 15 degrees 47 minutes 01 seconds East, a cord distance of 1,077.24 feet to a point for corner; THENCE North 32 degrees 39 minutes 37 seconds East, a distance of 90.00 feet to a point for corner; THENCE North 32 degrees 43 minutes 36 seconds East, a distance of 144.49 feet to a point in the north line of said 275.00 acre tract of land, said point being a the south line of a called 555.801 acre tract of land, described as Tract B in a Special Warranty Deed to Risland Mantua, LLC, recorded in Instrument No. 20180625000783630, (O.P.R.C.C.T); THENCE South 86 degrees 39 minutes 03 seconds East, a distance of 255.78 feet along the north line of said 275.00 acre tract of land and along a south line of said 555.801 acre tract of land to a one-half inch iron rod found for corner, from which a one-half inch iron rod found bears North 01 degrees 19 minutes 02 seconds West, a distance of 2.04 feet; THENCE South 89 degrees 10 minutes 24 seconds East, a distance of 1,018.92 feet along the north line of said 275.00 acre tract of land to a one-half inch iron rod set for corner, said iron rod being at the southwest corner of a called 83.36 acre tract of land described in a Quit Claim Deed to Alta McClain, recorded in Volume 626, Page 141, (D.R.C.C.T) which is now listed in the Collin County Appraisal District records as being owned by Laura Collins to which no transfer of title either direct or indirect can be found in Collin County Deed Records; THENCE South 89 degrees 16 minutes 53 seconds East, a distance of 111.06 feet along a north line of said 275.00 acre tract of land and along the south line of said 83.36 acre tract of land to a one-half inch iron rod set at the northeast corner of said 275.00 acre tract of land, said iron rod being at the northwest corner of a called 95.444 acre tract of land described in a Special Warranty Deed with Vendor’s Lien to MCI PREFERRED INCOME FUND II, LLC, recorded in Instrument No. 20210819001679920, (O.P.R.C.C.T); THENCE along the east line of said 275.00 acre tract of land and along the west line of said 95.444 acre tract of land as follows: South 01 degrees 16 minutes 44 seconds East, a distance of 1,185.56 feet to a one-half inch iron rod with yellow cap stamped “JBI” found for corner; South 00 degrees 47 minutes 08 seconds East, a distance of 1,100.00 feet to a one-half inch iron rod set at the most westerly southwest corner of said 95.444 acre tract of land; THENCE North 88 degrees 32 minutes 52 seconds East, a distance of 906.82 feet along the most easterly north line of said 275.00 acre tract of land and along the most westerly south line of said 95.444 acre tract of land to a point for corner; THENCE South 00 degrees 44 minutes 46 seconds East, a distance of 314.82 feet to a point for corner; THENCE South 89 degrees 28 minutes 48 seconds West, a distance of 481.91 feet to a point for corner; THENCE South 00 degrees 31 minutes 12 seconds East, a distance of 889.34 feet to a point for corner; THENCE Southeasterly 120.981 feet along a curve to the left, having a central angle of 14 degrees 35 minutes 35 seconds, a radius of 475.00 feet, a tangent of 60.82 feet and whose cord bears South 07 degrees 49 minutes 00 seconds East, a cord distance of 120.66 feet to a point for corner; THENCE South 39 degrees 17 minutes 34 seconds East, a distance of 55.80 feet to a point for corner; THENCE Southeasterly 38.63 feet along a non-tangent curve to the left, having a central angle of 04 degrees 51 minutes 53 seconds, a radius of 455.00 feet, a tangent of 19.33 feet and whose cord bears South 23 degrees 58 minutes 10 seconds East, a cord distance of 38.62 feet to a point for corner; THENCE South 26 degrees 24 minutes 07 seconds East, a distance of 56.52 feet to a point for corner; THENCE South 68 degrees 02 minutes 34 seconds East, a distance of 44.84 feet to a point for corner; THENCE Northeasterly 361.48 feet along a non-tangent curve to the right, having a central angle of 16 degrees 26 minutes 14 seconds, a radius of 1,260.00 feet, a tangent of 181.99 feet and whose cord bears North 79 degrees 13 minutes 01 seconds East, a cord distance of 360.24 feet to a point for corner; THENCE South 00 degrees 44 minutes 46 seconds East, a distance of 120.07 feet to a point for corner; THENCE Southwesterly 497.56 feet along a non-tangent curve to the left, having a central angle of 25 degrees 00 minutes 25 seconds, a radius of 1,140.00 feet, a tangent of 252.80 feet and whose cord bears South 74 degrees 44 minutes 27 seconds West, a cord distance of 493.62 feet to a point for corner; THENCE South 62 degrees 14 minutes 14 seconds West, a distance of 202.70 feet to a point for corner; THENCE South 27 degrees 45 minutes 46 seconds East, a distance of 15.00 feet to a point for corner; THENCE South 49 degrees 18 minutes 42 seconds East, a distance of 194.61 feet to a point for corner; THENCE South 00 degrees 31 minutes 12 seconds East, a distance of 305.98 feet to a point for corner; THENCE North 89 degrees 28 minutes 48 seconds East, a distance of 501.05 feet to a point for corner; THENCE South 01 degrees 14 minutes 22 seconds West, a distance of 327.87 feet to a point for corner; THENCE Southeasterly 60.96 feet along a curve to the left, having a central angle of 02 degrees 46 minutes 20 seconds, a radius of 1,260.00 feet, a tangent of 30.49 feet and whose cord bears South 00 degrees 08 minutes 48 seconds East, a cord distance of 60.96 feet to the POINT OF BEGINNING and containing 8,625,128 square feet or 198.006 acres. EXHIBIT B PROPOSED IMPROVEMENTS AND ESTIMATED COSTS Nature of the Authorized Improvements: The general nature of the proposed public improvements may include (i) acquisition, construction, or improvement of water, wastewater, or drainage facilities or improvements; (ii) acquiring, constructing, improving, widening, narrowing, closing, or rerouting of sidewalks or of streets, any other roadways, or their rights-of-way; (iii) landscaping; (iv) the establishment or improvement of parks; (v) erection of fountains, distinctive lighting, and signs; (vi) projects similar to those listed in (i)-(v); (vii) acquisition, by purchase or otherwise, of real property in connection with an authorized improvement; (viii) special supplemental services for improvement and promotion of the District, including services relating to advertising, promotion, health and sanitation, water and wastewater, public safety, security, business recruitment, development, recreation, and cultural enhancement; and (ix) payment of expenses incurred in the establishment, administration, and operation of the District, including the costs of financing the public improvements listed above. (collectively, the “Authorized Improvements”); and (b) the payment of expenses incurred in the establishment, administration, and operation of the District, including maintenance costs, costs of issuance, funding debt service and capitalized interest reserves and credit enhancement fees of any bonds issued by or on behalf of the District, if necessary. These Authorized Improvements shall promote the interests of the City and confer a special benefit upon the Property. Estimated Costs of the Authorized Improvements and Apportionment of Costs: The estimated total costs of the Authorized Improvements is $55,000,000.00, which costs shall be paid by assessment of the property owners within the proposed District. The City will not be obligated to provide any funds to finance the Authorized Improvements, other than from assessments levied on the Property. The developer of the property (the “Developer”) may also pay certain costs of the Authorized Improvements from other funds available to the Developer. Item No. 7.g. City Council Agenda Staff Report Meeting Date: 2/14/2023 Staff Contact: Joey Grisham AGENDA ITEM: Consider/Discuss/Action on a Resolution of the City of Anna, Texas determining the costs of certain authorized improvements to be financed by The Woods at Lindsey Place Public Improvement District; approving a Preliminary Service Plan and Assessment Plan, including a proposed Assessment Roll; calling a regular meeting and noticing a public hearing for March 14, 2023 to Consider an Ordinance levying assessments on property located within The Woods at Lindsey Place Public Improvement District; directing the filing of the proposed Assessment Roll with the City Secretary to make available for public inspection; directing City Staff to publish and mail notice of said public hearing; and resolving other matters incident and related thereto. (Director of Economic Development Joey Grisham) SUMMARY: Staff recommends the City Council approve a Resolution determining the costs of certain authorized improvements to be financed by The Woods at Lindsey Place Public Improvement District; approving a Preliminary Service and Assessment Plan, and calling a regular meeting and Public Hearing on March 14, 2023 to Consider an Ordinance levying assessments on property located in The Woods at Lindsey Place Public Improvement District. Now that The Woods at Lindsey Place Public Improvement District has been created, the next step is a Resolution approving the costs of authorized improvements, approving a Preliminary Service and Assessment Plan, and calling a Public Hearing to levy assessments. FINANCIAL IMPACT: The city will receive approximately $3.23 million in PID fees. BACKGROUND: DR Horton approached the city months ago about the creation of a Public Improvement District for The Woods at Lindsey Place Development located off Rosamond Pkwy. Some of the benefits of creating a PID include the developer expediting the construction of their portion of Buddy Hayes Blvd. and adding several park features and amenities. The City Council approved the Amended Development Agreement with DR Horton on January 24, 2023. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique and Vibrant. ATTACHMENTS: 1. 01 - Resolution Determining Costs v1 2. 2023-02-09_ANN_Lindsey Place_PSAP_v1.5 CERTIFICATE FOR RESOLUTION THE STATE OF TEXAS COLLIN COUNTY CITY OF ANNA We, the undersigned officers of the City of Anna, Texas (the "City"), hereby certify as follows: 1. The City Council (the "Council") of the City convened in a regular meeting on February 14, 2023, at the regular designated meeting place, and the roll was called of the duly constituted officers and members of the Council, to wit: Nate Pike, Mayor Stan Carver II, Council Member Lee Miller, Mayor Pro Tem Pete Cain, Council Member Randy Atchley, Deputy Mayor Pro-Tem Danny Ussery, Council Member Kevin Toten, Council Member Ryan Henderson, Interim City Manager Carrie Land, City Secretary and all of said persons were present, except , thus constituting a quorum. Whereupon, among other business the following was transacted at said meeting: a written A RESOLUTION OF THE CITY OF ANNA, TEXAS DETERMINING THE COSTS OF CERTAIN AUTHORIZED IMPROVEMENTS TO BE FINANCED BY THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT; APPROVING A PRELIMINARY SERVICE PLAN AND ASSESSMENT PLAN, INCLUDING PROPOSED ASSESSMENT ROLLS; CALLING A REGULAR MEETING AND NOTICING A PUBLIC HEARING FOR MARCH 14, 2023 TO CONSIDER AN ORDINANCE LEVYING ASSESSMENTS ON PROPERTY LOCATED WITHIN THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT; DIRECTING THE FILING OF THE PROPOSED ASSESSMENT ROLLS WITH THE CITY SECRETARY TO MAKE AVAILABLE FOR PUBLIC INSPECTION; DIRECTING CITY STAFF TO PUBLISH AND MAIL NOTICE OF SAID PUBLIC HEARING; AND RESOLVING OTHER MATTERS INCIDENT AND RELATED THERETO was duly introduced for the consideration of the Council. It was then duly moved and seconded that said Resolution be passed; and, after due discussion, said motion, carrying with it the passage of said Resolution, prevailed and carried, with all members of the Council shown present above voting "Aye," except as noted below: NAYS:ABSTENTIONS: 2. A true, full, and correct copy of the aforesaid Resolution passed at the meeting described in the above and foregoing paragraph is attached to and follows this Certificate; said Resolution has been duly recorded in the Council's minutes of said meeting; the above and foregoing paragraph is a true, full, and correct excerpt from the Council's minutes of said meeting pertaining to the passage of said Resolution; the persons named in the above and foregoing paragraph are the duly chosen, qualified, and acting officers and members of the Council as indicated therein; that each of the officers and members of the Council was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the aforesaid meeting, and that said Resolution would be introduced and considered for passage at said meeting, and each of said officers and members consented, in advance, to the holding of said meeting for such purpose; and that said meeting was open to the public, and public notice of the time, place, and purpose of said meeting was given all as required by the Texas Government Code, Chapter 551. 3. The Council has approved and hereby approves the Resolution; and the Mayor (or Mayor Pro Tem) and City Secretary hereby declare that their signing of this certificate shall constitute the signing of the attached and following copy of said Resolution for all purposes. SIGNED AND SEALED ON FEBRUARY 14, 2023. ATTEST: ___________________________________ Nate Pike, Mayor ___________________________________ Carrie L. Land, City Secretary (SEAL) CITY OF ANNA, TEXAS RESOLUTION NO.2023-02-______ A RESOLUTION OF THE CITY OF ANNA, TEXAS DETERMINING THE COSTS OF CERTAIN AUTHORIZED IMPROVEMENTS TO BE FINANCED BY THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT; APPROVING A PRELIMINARY SERVICE PLAN AND ASSESSMENT PLAN, INCLUDING PROPOSED ASSESSMENT ROLLS; CALLING A REGULAR MEETING AND NOTICING A PUBLIC HEARING FOR MARCH 14, 2023 TO CONSIDER AN ORDINANCE LEVYING ASSESSMENTS ON PROPERTY LOCATED WITHIN THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT; DIRECTING THE FILING OF THE PROPOSED ASSESSMENT ROLLS WITH THE CITY SECRETARY TO MAKE AVAILABLE FOR PUBLIC INSPECTION; DIRECTING CITY STAFF TO PUBLISH AND MAIL NOTICE OF SAID PUBLIC HEARING; AND RESOLVING OTHER MATTERS INCIDENT AND RELATED THERETO. RECITALS WHEREAS, the Public Improvement District Assessment Act, Texas Local Government Code, Chapter 372, as amended (the "Act") authorizes the governing body (the “City Council”) of the City of Anna, Texas (the “City”) to create a public improvement district within the City; and WHEREAS, on February 14, 2023, the City Council conducted a public hearing to consider a petition received by the City on January 17, 2023 titled “Petition for the Creation of a Public Improvement District Within the City of Anna, Texas” requesting the creation of a public improvement district; and WHEREAS, on February 14, 2023, the City Council approved Resolution No. 2023-02- ____ (the “Authorization Resolution”), authorizing, establishing and creating The Woods at Lindsey Place Public Improvement District (the "District"); and WHEREAS, the City authorized the creation of the District and funding up to $55,000,000.00 in costs for the District to finance certain public improvements authorized by the Act for the benefit of the property within the District (the "Authorized Improvements"); and WHEREAS, the City Council and the City staff have been presented a "The Woods at Lindsey Place Public Improvement District Preliminary Service and Assessment Plan", including the proposed assessment roll attached thereto (the "Proposed Assessment Roll") (collectively, the "Preliminary SAP"), a copy of which is attached hereto as Exhibit A and is incorporated herein for all purposes; and WHEREAS, the Preliminary SAP sets forth the estimated total costs of certain Authorized Improvements to be financed by the District for the initial phase of development and the Proposed Assessment Rolls state the assessments proposed to be levied against each parcel of land in the District as determined by the method of assessment chosen by the City; and WHEREAS, the Act requires that the Proposed Assessment Rolls be filed with the City Secretary of the City (the “City Secretary”) and be subject to public inspection; and WHEREAS, the Act requires that a public hearing (the “Assessment Hearing”) be called to consider proposed assessments and requires the City Council to hear and pass on any objections to the proposed assessments at, or on the adjournment of, the Assessment Hearing; and WHEREAS, the Act requires that notice of the Assessment Hearing be mailed to property owners liable for assessment and published in a newspaper of general circulation in the City and in the part of the extraterritorial jurisdiction in which the district is to be located or in which the improvements are to be undertaken before the tenth (10th) day before the date of the Assessment Hearing. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS AS FOLLOWS: SECTION 1. THAT the recitals set forth above in this Resolution are true and correct and are hereby adopted as findings of the City Council and are incorporated into the body of this Resolution as if fully set forth herein. SECTION 2. THAT the City Council does hereby accept the Preliminary SAP for the District, including the Proposed Assessment Roll, a copy of which is attached hereto as Exhibit A and is incorporated herein for all purposes. All capitalized terms not otherwise defined herein shall have the meanings given to such terms in the Preliminary SAP. SECTION 3. THAT the City Council hereby determines that the total costs of the Improvement Area #1 Projects (as defined in the Preliminary SAP) to be financed by the District are as set forth in Exhibit B-1 of the Preliminary SAP, which costs do include the payment of expenses incurred in the administration of the District or related to the issuance of any bonds. SECTION 4. THAT the City Council’s final determination and approval of the costs of the Improvement Area #1 Projects, or any portion thereof, shall be subject to and contingent upon City Council approval of a final Service and Assessment Plan which will include final Assessment Roll, after the properly noticed and held Assessment Hearing. SECTION 5. THAT the Proposed Assessment Rolls state the assessment proposed to be levied against each parcel of land in the District as determined by the method of assessment chosen by the City in the Authorization Resolution and as more fully described in the Preliminary SAP. SECTION 6. THAT the City Council expressly defers the levy of assessments against property within future phases for phase-specific improvements that will benefit only the property within each subsequent phase until such time as the costs of such phase-specific improvements can be determined with certainty as referenced in the Preliminary SAP. SECTION 7. THAT the City Council hereby authorizes and directs the filing of the Proposed Assessment Rolls with the City Secretary and the same shall be available for public inspection. SECTION 8. THAT the City Council hereby authorizes, and calls, a meeting and a public hearing (the Assessment Hearing as defined above) to be held on March 14, 2023 at 6:00 p.m. at Anna City Hall, Council Chambers, 120 W. 7th Street,, Anna, Texas 75409, or such other location as designated by the City and noticed pursuant to the Act, at which the City Council shall, among other actions, hear and pass on any objections to the proposed assessments; and, upon the adjournment of the Assessment Hearing, the City Council will consider an ordinance levying the assessments as special assessments on property within the District (which ordinance shall specify the method of payment of the assessments). SECTION 9. THAT the City Council hereby authorizes and directs the City Secretary to publish notice of the Assessment Hearing to be held on March 14, 2023, in substantially the form attached hereto as Exhibit B and incorporated herein for all purposes; provided however, that the location is subject to change as designated by the City, in a newspaper of general circulation in the City, on or before March 4, 2023, which is before the tenth (10th) day before the date of the Assessment Hearing, as required by Section 372.016(b) of the Act. SECTION 10. THAT when the Proposed Assessment Rolls are filed with the City Secretary, the City Council hereby authorizes and directs the City Secretary to mail to owners of property liable for assessment notice of the Assessment Hearing to be held on March 14, 2023, on or before March 4, 2023, as required by Section 372.016(c) of the Act. SECTION 11. THAT City staff is authorized and directed to take such other actions as are required (including, but not limited to, notice of the public hearing as required by the Texas Open Meetings Act) to place the public hearing on the agenda for the March 14, 2023 meeting of the City Council. SECTION 12. THAT this Resolution shall become effective from and after its date of passage in accordance with law. PASSED AND APPROVED on this the 14th day of February, 2023. ATTEST: _____________________________ Nate Pike, Mayor ____________________________ Carrie L. Land, City Secretary EXHIBIT A PRELIMINARY SERVICE AND ASSESSMENT PLAN EXHIBIT B CITY OF ANNA, TEXAS NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT a public hearing will be conducted by the City Council of Anna, Texas on March 14, 2023 at 6:00 p.m.at the at the Anna City Hall, City Council Chambers, 120 W. 7th Street, Anna, Texas 75409. The public hearing will be held to consider proposed assessments to be levied against the assessable property within The Woods at Lindsey Place Public Improvement District (the “District”) pursuant to the provisions of Chapter 372 of the Texas Local Government Code, as amended (the “Act”). The general nature of the proposed public improvements (collectively, the "Authorized Improvements") may include: (a) acquisition, construction and improvements, and maintenance of the improvements, consisting of (1) landscaping; (2) erection of fountains, distinctive lighting, and signs; (3) acquiring, constructing, improving, widening, narrowing, closing, or rerouting of sidewalks or of streets, any other roadways, or their rights-of-way, including related landscaping, lighting, traffic control devices, screening walls and retaining walls; (4) construction or improvement of pedestrian malls; (5) acquisition and installation of pieces of art; (6) acquisition, construction, or improvement of off-street parking facilities; (7) acquisition, construction, or improvement of water, wastewater, or drainage facilities or improvements; (8) the establishment or improvement of parks; (9) projects similar to those listed in (1)-(8); (10) acquisition, by purchase or otherwise, of real property or contract rights in connection with an authorized improvement; (11) special supplemental and maintenance services for improvement and promotion of the district, including services relating to advertising, promotion, health and sanitation, water and wastewater, roadways, public safety, security, business recruitment, development, recreation, and cultural enhancement (collectively, the “Authorized Improvements”); and (b) the payment of expenses incurred in the establishment, administration, and operation of the District, including maintenance costs, costs of issuance, funding debt service and capitalized interest reserves and credit enhancement fees of any bonds issued by or on behalf of the District, if necessary. These Authorized Improvements shall promote the interests of the City and confer a special benefit upon the Property. The total costs of the Improvement Area #1 Projects, including the costs of creating the District and issuing the bonds, is approximately [$______________]. The total costs of Authorized Improvements to benefit future phases within the District cannot be determined with certainty at this time, but shall not exceed an additional [$_______________]. The boundaries of the District include approximately 198.006 acres of land generally located immediately to the northwest, west, and southwest of Anna High School, located within the city limits of the City and as more particularly described by a metes and bounds description available for public inspection at the office of the City Secretary, 120 W. 7th Street, Anna, Texas 75409. All written or oral objections on the proposed assessment within the District will be considered at the public hearing. A copy of the Improvement Area #1 Assessment Roll (the "Assessment Roll"), which Assessment Roll includes the assessments to be levied against each parcel in the District for the Improvement Area #1 Projects, is available for public inspection at the office of the City Secretary, 120 W.7th Street, Anna, Texas 75409. THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 0 AUSTIN, TX | NORTH RICHLAND HILLS, TX | HOUSTON, TX The Woods at Lindsey Place Public Improvement District PRELIMINARY SERVICE AND ASSESSMENT PLAN FEBRUARY 14, 2023 THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 1 TABLE OF CONTENTS Table of Contents ...........................................................................................................................1 Introduction....................................................................................................................................3 Section I: Definitions.......................................................................................................................4 Section II: The District...................................................................................................................11 Section III: Authorized Improvements..........................................................................................11 Section IV: Service Plan.................................................................................................................14 Section V: Assessment Plan..........................................................................................................14 Section VI: Terms of the Assessments..........................................................................................18 Section VII: Assessment Roll.........................................................................................................23 Section VIII: Additional Provisions................................................................................................24 Exhibits .........................................................................................................................................26 Appendices...................................................................................................................................26 Exhibit A-1 – Map of the District ..................................................................................................27 Exhibit A-2 – Map of Improvement Area #1.................................................................................28 Exhibit A-3 – Lot Type Classification Map.....................................................................................29 Exhibit B-1 – Authorized Improvements.......................................................................................30 Exhibit B-2 – Remainder Area Apportionment of Costs...............................................................32 Exhibit C – Service Plan.................................................................................................................33 Exhibit D – Sources and Uses of Funds.........................................................................................34 Exhibit E – Maximum Assessment and Tax Rate Equivalent.........................................................35 Exhibit F-1 – Improvement Area #1 Assessment Roll...................................................................36 Exhibit F-2 – Projected Improvement Area #1 Annual Installment..............................................37 Exhibit G-1 – Maps of Improvement Area #1 Improvements.......................................................38 Exhibit G-2 – Maps of Major Improvements ................................................................................42 Exhibit H – Form of Notice of PID Assessment Termination.........................................................46 Exhibit I-1 – District Legal Description..........................................................................................49 Exhibit I-2 – Improvement Area #1 Legal Description..................................................................53 Appendix A – Engineer’s Report...................................................................................................57 Appendix B – Buyer Disclosures ...................................................................................................83 The Woods at Lindsey Place Public Improvement District Buyer Disclosure – Improvement Area #1 Initial Parcel.............................................................................................................................84 THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 2 The Woods at Lindsey Place Public Improvement District Buyer Disclosure Improvement Area #1 Lot Type 1................................................................................................................................90 The Woods at Lindsey Place Public Improvement District Buyer Disclosure Improvement Area #1 Lot Type 2................................................................................................................................96 [Remainder of page intentionally left blank.] THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 3 INTRODUCTION Capitalized terms used in this Service and Assessment Plan shall have the meanings given to them in Section I unless otherwise defined in this Service and Assessment Plan or unless the context in which a term is used clearly requires a different meaning. Unless otherwise defined, a reference to a “Section,” an “Exhibit,” or an “Appendix” shall be a reference to a Section of this Service and Assessment Plan or an Exhibit or Appendix attached to and made a part of this Service and Assessment Plan for all purposes. On February 14, 2023, the City Council passed and approved Resolution No. ________ authorizing the establishment of the District in accordance with the PID Act, which authorization was effective upon publication as required by the PID Act. The purpose of the District is to finance the Actual Costs of Authorized Improvements that confer a special benefit on approximately 198.006 acres located within the corporate limits of the City, as described by the legal description on Exhibit I-1 and depicted on Exhibit A-1. The PID Act requires a Service Plan covering a period of at least five years and defining the annual indebtedness and projected cost of the Authorized Improvements and including a copy of the notice form required by Section 5.014 of the Texas Property Code, as amended. The Service Plan is contained in Section IV. The PID Act requires that the Service Plan include an Assessment Plan that assesses the Actual Costs of the Authorized Improvements against the Assessed Property within the District based on the special benefits conferred on such property by the Authorized Improvements. The Assessment Plan is contained in Section V. The PID Act requires an Assessment Roll that states the Assessment against each Parcel determined by the method chosen by the City Council. The Assessment against each Parcel of Assessed Property must be sufficient to pay the share of the Actual Costs of the Authorized Improvements apportioned to such Parcel and cannot exceed the special benefit conferred on the Parcel by such Authorized Improvements. The Improvement Area #1 Assessment Roll is included as Exhibit F-1. THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 4 SECTION I: DEFINITIONS “Actual Costs” mean with respect to Authorized Improvements, including Developer costs to create the District, the actual costs of constructing or acquiring such Authorized Improvements, (either directly or through affiliates), including : (1) the costs for the design, planning, financing, administration/management, acquisition, installation, construction and/or implementation of such Authorized Improvements; (2) the fees paid for obtaining permits, licenses, or other governmental approvals for such Authorized Improvements; (3) the costs for external professional costs, such as engineering, geotechnical, surveying, land planning, architectural landscapers, appraisals, legal, accounting, and similar professional services; (4) all labor, bonds, and materials, including equipment and fixtures, by contractors, builders, and materialmen in connection with the acquisition, construction, or implementation of the Authorized Improvements; (5) all related permitting and public approval expenses, architectural, engineering, and consulting fees, and governmental fees and charges and (6) costs to implement, administer, and manage the above-described activities including, but not limited to, a construction management fee equal to four percent (4%) of construction costs if managed by or on behalf of the Developer. “Additional Interest” means the amount collected by the application of the Additional Interest Rate. “Additional Interest Rate” means the 0.50% additional interest rate that may be charged on Assessments securing PID Bonds pursuant to Section 372.018 of the PID Act. “Administrator” means the City or independent firm designated by the City who shall have the responsibilities provided in this Service and Assessment Plan, the Indenture, or any other agreement or document approved by the City related to the duties and responsibilities of the administration of the District. The initial Administrator is P3Works, LLC. “Annual Collection Costs” mean the actual or budgeted costs and expenses related to the operation of the District, including, but not limited to, costs and expenses for: (1) the Administrator; (2) City staff; (3) legal counsel, engineers, accountants, financial advisors, and other consultants engaged by the City; (4) calculating, collecting, and maintaining records with respect to Assessments and Annual Installments; (5) preparing and maintaining records with respect to Assessment Rolls and Annual Service Plan Updates; (6) paying and redeeming PID Bonds; (7) investing or depositing Assessments and Annual Installments; (8) complying with this Service and Assessment Plan and the PID Act with respect to the PID Bonds, including the City’s continuing disclosure requirements; and (9) the paying agent/registrar and Trustee in connection with PID Bonds, including their respective legal counsel. Annual Collection Costs collected but not expended in any year shall be carried forward and applied to reduce Annual Collection Costs for subsequent years. THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 5 “Annual Installment” means the annual installment payment of an Assessment as calculated by the Administrator and approved by the City Council, that includes: (1) principal; (2) interest; (3) Annual Collection Costs; and (4) Additional Interest, if applicable. “Annual Service Plan Update” means an update to this Service and Assessment Plan prepared no less frequently than annually by the Administrator and approved by the City Council. “Apportioned Property” means any Parcel within the District against which the costs of the Authorized Improvements are Apportioned based on special conferred benefit and against which an Assessment is anticipated to be levied, but not yet levied. “Apportionment of Costs” means an amount allocated by this Service and Assessment Plan to a Parcel within the District for future Authorized Improvement costs, other than Non-Benefitted Property and Non-Assessed Property, subject to a future levy of Assessments by the City and also subject to reallocation upon the subdivision of such Parcel or reduction according to the provisions herein and in the PID Act. “Assessed Property” means any Parcel within the District against which an Assessment is levied. “Assessment” means an assessment levied against a Parcel within the District, other than Non- Benefited Property, and imposed pursuant to an Assessment Ordinance and the provisions herein, as shown on an Assessment Roll, subject to reallocation upon the subdivision of such Parcel or reduction according to the provisions herein and in the PID Act. “Assessment Ordinance” means an ordinance adopted by the City Council in accordance with the PID Act that levies an Assessment on Assessed Property within the District, as shown on any Assessment Roll. “Assessment Plan” means the methodology employed to assess the Actual Costs of the Authorized Improvements against the Assessed Property within the District based on the special benefits conferred on such property by the Authorized Improvements, more specifically set forth and described in Section V. “Assessment Roll” means any assessment roll for the Assessed Property within the District, including the Improvement Area #1 Assessment Roll as updated, modified or amended from time to time in accordance with the procedures set forth herein and in the PID Act, including updates prepared in connection with the issuance of PID Bonds, if issued, or any Annual Service Plan Update. “Authorized Improvements” means (the improvements authorized by Section 372.003 of the PID Act, as depicted on Exhibit G-1, Exhibit G-2 and described in Section III. “Bond Issuance Costs” means the costs associated with issuing PID Bonds, including but not limited to attorney fees, financial advisory fees, consultant fees, appraisal fees, printing costs, THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 6 publication costs, capitalized interest, reserve fund requirements, underwriter’s discount, fees charged by the Texas Attorney General, and any other cost or expense incurred by the City directly associated with the issuance of any series of PID Bonds. “City” means the City of Anna, Texas. “City Council” means the governing body of the City. “County” means Collin County, Texas. “Delinquent Collection Costs” mean costs related to the foreclosure on Assessed Property and the costs of collection of delinquent Assessments, delinquent Annual Installments, or any other delinquent amounts due under this Service and Assessment Plan including penalties and reasonable attorney’s fees actually paid, but excluding amounts representing interest and penalty interest. “Developer” means D.R. Horton – Texas, LTD., a Texas limited partnership, and any successors or assigns thereof that intends to develop the property in the District for the ultimate purpose of transferring title to such property to end-users. “Development Agreement” means that certain Development Agreement entered into between the City and LHJH Properties, Ltd., a Texas limited partnership, effective November 10, 2020, applicable to all of the Property, as amended by First Amendment to Development Agreement entered into between the City and Developer, dated the 24th day of January, 2023. “District” means The Woods at Lindsey Place Public Improvement District containing approximately 198.006 acres located within the corporate limits of the City, and more specifically described in Exhibit I-1 and depicted on Exhibit A-1. “District Formation Expenses” means the costs associated with forming the District, including, but not limited to, attorney fees, and any other cost or expense incurred by the City or Developer directly associated with the establishment of the District. “Engineer’s Report” means a report provided by a licensed professional engineer that describes the Authorized Improvements, including their costs, location, and benefit, and is attached hereto as Appendix A for the Improvement Area #1 Improvements and Major Improvements. “Estimated Buildout Value” means the estimated value of an Assessed Property with fully constructed buildings, as provided by the Developer and confirmed by the City Council, by considering such factors as density, lot size, proximity to amenities, view premiums, location, market conditions, historical sales, builder contracts, discussions with homebuilders, reports from third party consultants, or any other factors that, in the judgment of the City, may impact value. The Estimated Buildout Value for each Lot Type is shown on Exhibit E. THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 7 “First Year Annual Collection Costs” means the estimated cost of first year Annual Collection Costs. “Improvement Area #1” means approximately 57.444 acres located within the District, more specifically described in Exhibit I-2 and depicted on Exhibit A-2. “Improvement Area #1 Annual Installment” means the Annual Installment of the Improvement Area #1 Assessment as calculated by the Administrator and approved by the City Council, that includes: (1) principal; (2) interest; (3) Annual Collection Costs; and (4) Additional Interest, if applicable. Additional Interest is not charged on the Improvement Area #1 Reimbursement Obligation, but will be included in the event Improvement Area #1 Bonds are issued. “Improvement Area #1 Assessed Property” means any Parcel within Improvement Area #1 against which an Improvement Area #1 Assessment is levied. “Improvement Area #1 Assessment” means an Assessment levied against a Parcel within Improvement Area #1 and imposed pursuant to an Assessment Ordinance and the provisions herein, as shown on the Improvement Area #1 Assessment Roll, subject to reallocation upon the subdivision of such Parcel or reduction according to the provisions herein and in the PID Act. “Improvement Area #1 Assessment Roll” means the Assessment Roll for the Improvement Area #1 Assessed Property, as updated, modified or amended from time to time in accordance with the procedures set forth herein and in the PID Act, including any updates prepared in connection with the issuance of PID Bonds or any Annual Service Plan Updates. The Improvement Area #1 Assessment Roll is included in this Service and Assessment Plan as Exhibit F-1. “Improvement Area #1 Bonds” means those certain PID “City of Anna, Texas Special Assessment Revenue Bonds, Series 2023 (The Woods at Lindsey Place Public Improvement District Improvement Area #1 Project)” that are secured by Improvement Area #1 Assessments, and expected to be issued in calendar year 2023. “Improvement Area #1 Improvements” means the Authorized Improvements which only benefit the Improvement Area #1 Assessed Property, as further described in Section III.A and depicted on Exhibit G-1. “Improvement Area #1 Initial Parcel” means all of the Improvement Area #1 Assessed Property against which the entire Improvement Area #1 Assessment is levied, as described in Exhibit I-2, and depicted on Exhibit A-2. “Improvement Area #1 Projects” means, collectively (1) the Improvement Area #1 Improvements; (2) the Bond Issuance Costs allocable to Improvement Area #1; and (3) the First Year Annual Collection Costs. THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 8 “Improvement Area #1 Reimbursement Agreement” means that certain “The Woods at Lindsey Place Public Improvement District Improvement Area #1 Funding and Reimbursement Agreement” entered into by and between the City and the Developer, as the developer of the Improvement Area #1 Projects, in which the Developer agrees to construct the Improvement Area #1 Projects and to fund certain Actual Costs of the Improvement Area #1 Projects and the City agrees to (i) pay directly or reimburse the Developer for Actual Costs of an Improvement Area #1 Projects from the proceeds of Improvement Area #1 Bonds, if issued, in accordance with the Act, this Service and Assessment Plan and the applicable Indenture, or (ii) reimburse the Developer for certain Actual Costs of Improvement Area #1 Projects not paid by proceeds of Improvement Area #1 Bonds solely from the revenue collected from Improvement Area #1 Assessments, including Improvement Area #1 Annual Installments, but subordinate to the lien on the Improvement Area #1 Assessments pledged to the payment of Improvement Area #1 Bonds. “Improvement Area #1 Reimbursement Obligation” means an amount secured by the Improvement Area #1 Assessment to be paid to the Developer pursuant to the Improvement Area #1 Reimbursement Agreement. The projected Improvement Area #1 Annual Installments for the Improvement Area #1 Reimbursement Obligation is shown on Exhibit F-2. “Indenture” means an Indenture of Trust entered into between the City and the Trustee in connection with the issuance of each series of PID Bonds, as amended from time to time, between the City and the Trustee setting forth terms and conditions related to a series of PID Bonds. “Lot” means (1) for any portion of the District for which a final subdivision plat has been recorded in the Official Public Records of the County, a tract of land described by “lot” in such subdivision plat; and (2) for any portion of the District for which a subdivision plat has not been recorded in the Plat or Official Public Records of the County, a tract of land anticipated to be described as a “Lot” in a final recorded subdivision plat as shown on a concept plan or a preliminary plat. A “Lot” shall not include real property owned by a government entity, even if such property is designated as a separate described tract or lot on a recorded subdivision plat. “Lot Type” means a classification of final building Lots with similar characteristics (e.g. lot size, home product, buildout value, etc.), as determined by the Administrator and confirmed by the City Council. In the case of single-family residential Lots, the Lot Type shall be further defined by classifying the residential Lots by the Estimated Buildout Value of the Lot as shown on Exhibit E, and the anticipated Lot Type classification map is identified on Exhibit A-3. “Lot Type 1” means a lot within Improvement Area #1 marketed to homebuilders as a 50’ Lot, with an Estimated Buildout Value of $360,000. THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 9 “Lot Type 2” means a lot within Improvement Area #1 marketed to homebuilders as a 60’ Lot, with an Estimated Buildout Value of $375,000. “Major Improvements” means the Authorized Improvements which provide benefit to the entirety of the district, as further described in Section III.B and depicted on Exhibit G-2. “Maximum Assessment” means for each Lot, an Assessment equal to the lesser of (1) the amount calculated pursuant to Section VI.A, or (2) for each Lot Type, the amount shown on Exhibit E. “Non-Assessed Property” means Parcels that accrue special benefit from the Authorized Improvements, as determined by the City Council, but are not assessed. The Non-Assessed Property includes the multifamily and commercial areas adjacent to the District. “Notice of Assessment Termination” means a document that shall be recorded in the Official Public Records of the County the termination of an Assessment, a form of which is attached as Exhibit H. “Parcel” or “Parcels” means a specific property within the District identified by either a tax parcel identification number assigned by the Collin Central Appraisal District for real property tax purposes, by legal description, or by lot and block number in a final subdivision plat recorded in the Plat or Official Public Records of the County, or by any other means determined by the City. “PID Act” means Chapter 372, Texas Local Government Code, as amended. “PID Bonds” means any bonds issued by the City in one or more series and secured in whole or in part by Assessments. “Prepayment” means the payment of all or a portion of an Assessment before the due date of the final Annual Installment thereof. Amounts received at the time of a Prepayment which represent a payment of principal, interest, or penalties on a delinquent installment of an Assessment are not to be considered a Prepayment, but rather are to be treated as the payment of the regularly scheduled Annual Installment. “Prepayment Costs” means interest, including Additional Interest and Annual Collection Costs to the date of Prepayment. “Remainder Area” means all property within the District save and except Improvement Area #1. “Remainder Area Apportioned Property” means any Parcel within the Remainder Area against which a portion of the Actual Costs of the Major Improvements are Apportioned based on special conferred benefit, and against which an Assessment is expected to be levied, but not yet levied. “Remainder Area Apportionment of Costs” means an Apportionment of Costs against a Parcel within the Remainder Area for the Remainder Area Projects, as shown on Exhibit B-2, subject to THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 10 reallocation upon the subdivision of such Parcel or reduction according to the provisions herein and in the PID Act. “Remainder Area Projects” means the pro rata portion of the Major Improvements allocable to the Remainder Area based on Estimated Buildout Value. “Service and Assessment Plan” means this The Woods at Lindsey Place Public Improvement District Service and Assessment Plan as updated, amended, or supplemented from time to time. “Service Plan” covers a period of at least five years and defines the annual indebtedness and projected costs of the Authorized Improvements, more specifically described in Section IV. “Trustee” means the trustee or successor trustee under an Indenture. THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 11 SECTION II: THE DISTRICT The District includes approximately 198.006 contiguous acres located within the corporate limits of the City, the boundaries of which are more particularly described by the legal description on Exhibit I-1 and depicted on Exhibit A-1. Development of the District is anticipated to include approximately 951 Lots developed with single-family homes. Improvement Area #1 includes approximately 57.444 contiguous acres located within the corporate limits of the City, the boundaries of which are more particularly described by the legal description on Exhibit I-2 and depicted on Exhibit A-2. Development of Improvement Area #1 is anticipated to include approximately 218 Lots developed with single-family homes (188 single- family homes classified as Lot Type 1, and 30 single-family homes classified as Lot Type 2). The Remainder Area includes approximately 140.562 contiguous acres located within the corporate limits of the City. Development of the Remainder Area is anticipated to include approximately 733 Lots developed with single-family homes. SECTION III: AUTHORIZED IMPROVEMENTS The City, based on information provided by the Developer and its engineer and reviewed by the City staff and by third-party consultants retained by the City, has determined that the Authorized Improvements confer a special benefit on the Assessed Property and/or the Apportioned Property. Authorized Improvements will be designed and constructed in accordance with the City’s standards and specifications and will be owned and operated by the City. The budget for the Authorized Improvements is shown on Exhibit B-1. A. Improvement Area #1 Improvements ▪Erosion Control Improvements including silt fences, inlet protection, rock check dams, drill seeding, soil retention blankets, biodegradable erosion control logs, and construction exit/entrances necessary to provide erosion control for all Lots within Improvement Area #1. ▪Excavation Excavation improvements include related earthworks, excavation, intersections, and re- vegetation of all disturbed areas within the right-of-way of Improvement Area #1. ▪Sanitary Sewer Sanitary Sewer improvements include trench excavation and embedment, trench safety, PVC piping, manholes, concrete easement, stub outs to future developments, testing, related earthwork, erosion control, and all necessary appurtenances required to provide THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 12 sanitary sewer service for all Lots within Improvement Area #1. ▪Storm Sewer Storm Sewer improvements include earthen channels, swales, RCP piping and boxes, manholes, curb and drop inlets, headwalls, concrete flumes, rock rip rap, stub outs to future developments, testing, related earthwork, erosion control, and all necessary appurtenances required to provide storm drainage for all Lots within Improvement Area #1. ▪Water Water improvements include trench excavation and embedment, trench safety, PVC piping, stub outs to future developments, testing, related earthwork, erosion control, and all necessary appurtenances required to provide water service for all Lots within Improvement Area #1. ▪Paving Roadway improvements include subgrade stabilization, concrete and reinforcing steel for roadways, testing, and handicapped ramps, related earthworks, intersections, and re- vegetation of all disturbed areas within the right-of-way of Improvement Area #1. ▪Street Lights Improvements including traffic signage, streetlights, and stop lights are included. These traffic and lighting improvements will provide a benefit to all Lots within Improvement Area #1. ▪Soft Costs Includes costs related to designing, constructing, and installing the Improvements Area #1 Improvements including land planning and design, City fees, engineering, soil testing, survey, construction management, contingency, legal costs, consultants, and costs associated with financing the Improvement Area #1 Improvements. B. Major Improvements ▪Excavation Excavation improvements include excavation, intersections, and re-vegetation of all disturbed areas within the right-of-way benefitting the entire District. ▪Sanitary Sewer Sanitary Sewer improvements include trench excavation and embedment, trench safety, PVC piping, manholes, concrete easement, stub outs to future developments, testing, THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 13 related earthwork, erosion control, and all necessary appurtenances required to provide sanitary sewer service to the entire District. ▪Storm Sewer Storm Sewer improvements include earthen channels, swales, RCP piping and boxes, manholes, curb and drop inlets, headwalls, concrete flumes, rock rip rap, stub outs to future developments, testing, related earthwork, erosion control, and all necessary appurtenances required to provide storm drainage to the entire District. ▪Water Water improvements include trench excavation and embedment, trench safety, PVC piping, stub outs to future developments, testing, related earthwork, erosion control, and all necessary appurtenances required to provide water service to the entire District. ▪Paving Paving improvements include subgrade stabilization, concrete and reinforcing steel for roadways, testing, and handicapped ramps, related earthworks, intersections, and re- vegetation of all disturbed areas within the right-of-way of the District. ▪Soft Costs Includes costs related to designing, constructing, and installing the Major Improvements including land planning and design, City fees, engineering, soil testing, survey, construction management, contingency, legal costs, consultants, District Formation Expenses, and costs associated with financing the Improvement Area #1 Improvements. C. Bond Issuance Costs ▪Debt Service Reserve Fund Equals the amount to be deposited in a debt service reserve fund under an applicable Indenture in connection with the issuance of PID Bonds. ▪Capitalized Interest Equals the amount required to be deposited for the purpose of paying capitalized interest under an applicable Indenture in connection with the issuance of PID Bonds. ▪Underwriter’s Discount Equals a percentage of the par amount of a particular series of PID Bonds related to the costs of underwriting such PID Bonds. ▪Underwriter’s Counsel Equals a percentage of the par amount of a particular series of PID Bonds reserved for the THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 14 underwriter’s attorney fees. ▪Cost of Issuance Includes costs of issuing a particular series of PID Bonds, including but not limited to issuer fees, attorney fees, financial advisory fees, consultant fees, appraisal fees, printing costs, publication costs, City costs, fees charged by the Texas Attorney General, and any other cost or expense directly associated with the issuance of PID Bonds. D. Other Costs ▪First Year Annual Collection Costs Equals the amount necessary to fund the first year’s Annual Collection Costs for a particular series of PID Bonds. SECTION IV: SERVICE PLAN The PID Act requires the Service Plan to (i) cover a period of at least five years, (ii) define the annual projected costs and indebtedness for the Authorized Improvements undertaken within the District during the five-year period and (iii) include a copy of the notice form required by Section 5.014 of the Texas Property Code, as amended. The Service Plan must be reviewed and updated by the City Council at least annually in each Annual Service Plan Update. Exhibit C summarizes the Service Plan for Improvement Area #1. The notice form required by Section 5.014 of the Texas Property Code is attached hereto as Appendix B. Exhibit D summarizes the sources and uses of funds required to construct the Authorized Improvements. The sources and uses of funds shown on Exhibit D shall be updated in the Annual Service Plan Update to reflect any budget revisions and Actual Costs. SECTION V: ASSESSMENT PLAN The PID Act allows the City Council to apportion the costs of the Authorized Improvements to the Assessed Property and Apportioned Property based on the special benefit received from the Authorized Improvements. The PID Act provides that such costs may be apportioned: (1) equally per front foot or square foot; (2) according to the value of property as determined by the City, with or without regard to improvements constructed on the property; or (3) in any other manner approved by the City that results in imposing equal shares of such costs on property similarly benefited. The PID Act further provides that the governing body may establish by ordinance or order reasonable classifications and formulas for the apportionment of the cost between the City THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 15 and the area to be assessed and the methods of assessing the special benefits for various classes of improvements. This section of this Service and Assessment Plan describes the special benefit received by each Parcel within the District as a result of the Authorized Improvements and provides the basis and justification for the determination that this special benefit equals or exceeds the amount of the Assessments to be levied on the Assessed Property for such Authorized Improvements. The determination by the City Council of the assessment methodologies set forth below is the result of the discretionary exercise by the City Council of its legislative authority and governmental powers and is conclusive and binding on the Developer and all future owners and developers of the Assessed Property and Apportioned Property. A. Assessment Methodology The City Council, acting in its legislative capacity based on information provided by the Developer and its engineer and reviewed by the City staff and by third-party consultants retained by the City, has determined that the costs related to the Authorized Improvements shall be allocated as follows: ▪The costs of the Improvement Area #1 Improvements shall be allocated 100% to Improvement Area #1 Assessed Property based on the ratio of the Estimated Buildout Value of each Lot Type designated as Improvement Area #1 Assessed Property to the Estimated Buildout Value of all Improvement Area #1 Assessed Property. Currently, the Improvement Area #1 Initial Parcel is the only Parcel within Improvement Area #1, and as such, the Improvement Area #1 Initial Parcel is allocated 100% of the Improvement Area #1 Improvements. ▪The costs of the Major Improvements shall be allocated 24.23% to Improvement Area #1 Assessed Property and 75.77% to the Remainder Area Apportioned Property pro rata based on the Estimated Buildout Value as illustrated on Exhibit B-1. B. Assessments Improvement Area #1 Assessments are levied on the Improvement Area #1 Assessed Property according to the Improvement Area #1 Assessment Roll attached hereto as Exhibit F-1. The projected Improvement Area #1 Annual Installments are shown on Exhibit F-2, and are subject to revisions made in any Annual Service Plan Update. The Maximum Assessment for each Lot Type within Improvement Area #1 is shown on Exhibit E. In no case will the Assessment for Lot Type 1, and Lot Type 2 within Improvement Area #1 exceed the corresponding Maximum Assessment. THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 16 C. Findings of Special Benefit The City Council, acting in its legislative capacity based on information provided by the Developer and its engineer and reviewed by the City staff and by third-party consultants retained by the City, has found and determined: ▪Improvement Area #1 ▪The total costs of the Improvement Area #1 Projects equal $9,877,603 as shown on Exhibit B-1; and ▪The Improvement Area #1 Initial Parcel receives special benefit from the Improvement Area #1 Projects equal to or greater than the Actual Cost of the Improvement Area #1 Projects; and ▪The Improvement Area #1 Initial Parcel will be allocated 100% of the Improvement Area #1 Assessment levied for the Improvement Area #1 Projects, which equals $7,419,000 as shown on the Improvement Area #1 Assessment Roll attached hereto as Exhibit F-1; and ▪The special benefit ( $9,877,603) received by the Improvement Area #1 Initial Parcel from the Improvement Area #1 Projects is equal to or greater than the amount of the Improvement Area #1 Assessment ($7,419,000) levied on the Improvement Area #1 Initial Parcel for the Improvement Area #1 Projects; and ▪At the time the City Council approved this Service and Assessment Plan, the Developer owned 100% of the Improvement Area #1 Initial Parcel. The Developer acknowledged that the Improvement Area #1 Projects confer a special benefit on the Improvement Area #1 Initial Parcel and consented to the imposition of the Improvement Area #1 Assessment to pay for the Actual Costs associated therewith. The Developer ratified, confirmed, accepted, agreed to, and approved: (1) the determinations and findings by the City Council as to the special benefits described herein and the applicable Assessment Ordinance; (2) this Service and Assessment Plan and the applicable Assessment Ordinance; and (3) the levying of the Improvement Area #1 Assessment on the Improvement Area #1 Initial Parcel. ▪Remainder Area ▪The total costs of the Remainder Area Projects allocable to the Remainder Area as financed by the Developer equals $4,051,780 as shown on Exhibit B-2; and ▪The Remainder Area receives special benefit from the Remainder Area Projects equal to or greater than the Actual Cost of the Remainder Area Projects apportioned to the Remainder Area Apportioned Property; and THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 17 ▪The Remainder Area Apportioned Property will be apportioned 100% of the Remainder Area Projects, which equals $4,051,780 as shown on Exhibit B-2, of which all or a portion of such amount is expected to be levied by the City at a later date; and ▪At the time the City Council approved this Service and Assessment Plan, the Developer owned 100% of the Remainder Area Apportioned Property. The Developer acknowledged that the Remainder Area Projects confer a special benefit on the Remainder Area Apportioned Property and consented to the imposition of the Remainder Area Apportionment of Costs in anticipation of a future levy of Assessments by the City Council to pay for all or a portion of the Remainder Area Apportionment of Costs of Remainder Area Projects associated therewith. The Developer ratified, confirmed, accepted, agreed to, and approved: (1) the determinations and findings by the City Council as to the special benefits described herein; (2) this Service and Assessment Plan; and (3) the Apportionment of Costs on the Remainder Area Apportioned Property. D. Annual Collection Costs The Annual Collection Costs shall be paid for annually by the owner of each Parcel pro rata based on the ratio of the amount of outstanding Assessment remaining on the Parcel to the total outstanding Assessment. The Annual Collection Costs shall be collected as part of and in the same manner as Annual Installments in the amounts shown on the Assessment Roll, which may be revised based on actual costs incurred in Annual Service Plan Updates. E. Additional Interest The interest rate on Assessments securing PID Bonds may exceed the interest rate on the PID Bonds by the Additional Interest Rate. To the extent required by any Indenture, Additional Interest shall be collected as part of each Annual Installment and shall be deposited pursuant to the applicable Indenture. The interest on the Improvement Area #1 Assessment securing the Improvement Area #1 Reimbursement Obligation shall be collected at rates established under the Improvement Area #1 Reimbursement Agreement as part of the Improvement Area #1 Annual Installment. Additional Interest cannot be collected on the Improvement Area #1 Assessment securing the Improvement Area #1 Reimbursement Obligation. SECTION VI: TERMS OF THE ASSESSMENTS A. Reallocation of Assessments 1. Upon Division Prior to Recording of Subdivision Plat THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 18 Upon the division of any Assessed Property (without the recording of subdivision plat), the Administrator shall reallocate the Assessment for the Assessed Property prior to the division among the newly divided Assessed Properties according to the following formula: A = B x (C ÷ D) Where the terms have the following meanings: A = the Assessment for the newly divided Assessed Property B = the Assessment for the Assessed Property prior to division C = the Estimated Buildout Value of the newly divided Assessed Property D = the sum of the Estimated Buildout Value for all of the newly divided Assessed Properties The calculation of the Assessment of an Assessed Property shall be performed by the Administrator and shall be based on the Estimated Buildout Value of that Assessed Property, relying on information from homebuilders, market studies, appraisals, Official Public Records of the County, and any other relevant information regarding the Assessed Property, as provided by the Developer. The Estimated Buildout Value for Lot Type 1 and Lot Type 2 are shown on Exhibit E and will not change in future Annual Service Plan Updates. The calculation as confirmed by the City Council shall be conclusive. The sum of the Assessments for all newly divided Assessed Properties shall equal the Assessment for the Assessed Property prior to subdivision. The calculation shall be made separately for each newly divided Assessed Property. The reallocation of an Assessment for an Assessed Property that is a homestead under Texas law may not exceed the Assessment prior to the reallocation. Any reallocation pursuant to this section shall be reflected in the next Annual Service Plan Update and approved by the City Council. 2. Upon Subdivision by a Recorded Subdivision Plat Upon the subdivision of any Assessed Property based on a recorded subdivision plat, the Administrator shall reallocate the Assessment for the Assessed Property prior to the subdivision among the new subdivided Lots based on Estimated Buildout Value according to the following formula: A = [B x (C ÷ D)]/E Where the terms have the following meanings: A = the Assessment for the newly subdivided Lot B = the Assessment for the Parcel prior to subdivision C = the sum of the Estimated Buildout Value of all newly subdivided Lots with same Lot Type THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 19 D = the sum of the Estimated Buildout Value for all of the newly subdivided Lots excluding Non-Benefited Property E= the number of newly subdivided Lots with same Lot Type Prior to the recording of a subdivision plat, the Developer shall provide the City an Estimated Buildout Value for each Lot to be create after recording the subdivision plat as of the date of the subdivision plat is anticipated to be recorded. The calculation of the Assessment for a Lot shall be performed by the Administrator and confirmed by the City Council based on Estimated Buildout Value information provided by the Developer, homebuilders, third party consultants, and/or the Official Public Records of the County regarding the Lot. The Estimated Buildout Value for Lot Type 1 and Lot Type 2 are shown on Exhibit E and will not change in future Annual Service Plan Updates. The sum of the Assessments for all newly subdivided Lots shall not exceed the Assessment for the portion of the Assessed Property subdivided prior to subdivision. The calculation shall be made separately for each newly subdivided Assessed Property. The reallocation of an Assessment for an Assessed Property that is a homestead under Texas law may not exceed the Assessment prior to the reallocation. Any reallocation pursuant to this section shall be reflected in the next Annual Service Plan Update and approved by the City Council. 3. Upon Consolidation If two or more Lots or Parcels are consolidated into a single Parcel or Lot, the Administrator shall allocate the Assessments against the Lots or Parcels before the consolidation to the consolidated Lot or Parcel, which allocation shall be reflected in the next Annual Service Plan Update and approved by the City Council. The Assessment for any resulting Lot may not exceed the Maximum Assessment for the applicable Lot Type and compliance may require a mandatory Prepayment of Assessments pursuant to Section VI.C. B. Mandatory Prepayment of Assessments If an Assessed Property or a portion thereof is conveyed to a party that is exempt from payment of the Assessment under applicable law, or the owner causes a Lot, Parcel or portion thereof to become Non-Benefited Property, the owner of such Lot, Parcel or portion there of shall pay to the City the full amount of the Assessment, plus all Prepayment Costs and Delinquent Collection Costs for such Assessed Property, prior to any such conveyance or act. Following payment of the foregoing costs in full, the City shall provide the owner with a recordable “Notice of PID Assessment Termination,” a form of which is attached hereto as Exhibit H. C. True-Up of Assessments if Maximum Assessment Exceeded at Plat THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 20 Prior to the City approving a final subdivision plat, the Administrator will certify that such plat will not result in the Assessment per Lot for any Lot Type to exceed the Maximum Assessment. If the Administrator determines that the resulting Assessment per Lot for any Lot Type will exceed the Maximum Assessment for that Lot Type, then (1) the Assessment applicable to each Lot Type shall each be reduced to the Maximum Assessment, and (2) the person or entity filing the plat shall pay to the City the amount the Assessment was reduced, plus Prepayment Costs and Delinquent Collection Costs, if any, prior to the City approving the final plat. The City’s approval of a plat without payment of such amounts does not eliminate the obligation of the person or entity filing the plat to pay such amounts. D. Reduction of Assessments If as a result of cost savings or the failure to construct all or a portion of an Authorized Improvement, the Actual Costs of completed Authorized Improvements are less than the Assessments, (i) in the event PID Bonds are not issued, the City Council shall reduce each Assessment on a pro rata basis such that the sum of the resulting reduced Assessments for all Assessed Property equals the reduced Actual Costs that were expended, or (ii) in the event that PID Bonds are issued, the Trustee shall apply amounts on deposit in the applicable account of the Project Fund, relating to the PID Bonds, that are not expected to be used for purposes of the Project Fund to redeem outstanding PID Bonds, unless otherwise directed by the applicable Indenture. Excess PID Bond proceeds shall be applied to redeem outstanding PID Bonds. The Assessments shall not, however, be reduced to an amount less than the amount required to pay all debt service requirements on all outstanding PID Bonds. The Administrator shall update (and submit to the City Council for review and approval as part of the next Annual Service Plan Update) the Assessment Roll and corresponding Annual Installments to reflect the reduced Assessments. E. Prepayment of Assessments The owner of any Assessed Property may pay, at any time, all or any part of an Assessment in accordance with the PID Act. Prepayment Costs, if any, may be paid from a reserve established under the applicable Indenture. If an Annual Installment has been billed, or the Annual Service Plan Update has been approved by City Council prior to the Prepayment, the Annual Installment shall be due and payable and shall be credited against the Prepayment. If an Assessment on as Assessed Property is prepaid in full, with Prepayment Costs, (1) the Administrator shall cause the Assessment to be reduced to zero on said Assessed Property and the Assessment Roll to be revised accordingly; (2) the Administrator shall prepare the revised Assessment Roll and submit such revised Assessment Roll to the City Council for review and approval as part of the next Annual Service Plan Update; (3) the obligation to pay the Assessment and corresponding Annual THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 21 Installments shall terminate with respect to said Assessed Property; and (4) the City shall provide the owner with a recordable "Notice of PID Assessment Termination.” If an Assessment on an Assessed Property is prepaid in part, with Prepayment Costs: (1) the Administrator shall cause the Assessment to be reduced on said Assessed Property and the Assessment Roll revised accordingly; (2) the Administrator shall prepare the revised Assessment Roll and submit to the City Council for review and approval as part of the next Annual Service Plan Update; and (3) the obligation to pay the Assessment will be reduced to the extent of the Prepayment made. For purposes of Prepayments, the Improvement Area #1 Reimbursement Obligation is and will remain subordinated to (i) the Improvement Area #1 Bonds and (ii) any additional PID Bonds secured by a parity lien on the Improvement Area #1 Assessments issued to refinance all or a portion of the Improvement Area #1 Reimbursement Obligation. For purposes of Prepayments, additional PID Bonds issued to refinance all or a portion of the Improvement Area #1 Reimbursement Obligation will be on parity with the Improvement Area #1 Bonds. F. Payment of Assessment in Annual Installments Assessments that are not paid in full shall be due and payable in Annual Installments. Exhibit F-2 shows the projected Improvement Area #1 Annual Installments. Annual Installments are subject to adjustment in each Annual Service Plan Update. Prior to the recording of a final subdivision plat, if any Parcel shown on the Assessment Roll is assigned multiple tax parcel identification numbers for billing and collection purposes, the Annual Installment shall be allocated pro rata based on the acreage of the property not including any Non-Benefited Property or Non-Assessed Property, as shown by the Collin Central Appraisal District for each tax parcel identification number. The Administrator shall prepare and submit to the City Council for its review and approval an Annual Service Plan Update to allow for the billing and collection of Annual Installments. Each Annual Service Plan Update shall include updated Assessment Rolls and updated calculations of Annual Installments. The Annual Collection Costs for a given Assessment shall be paid by the owner of each Parcel pro rata based on the ratio of the amount of outstanding Assessment remaining on the Parcel to the total outstanding Assessment. Annual Installments shall be reduced by any credits applied under an applicable Indenture, such as capitalized interest, interest earnings on account balances, and any other funds available to the Trustee for such purposes. Annual Installments shall be collected by the City in the same manner and at the same time as ad valorem taxes. Annual Installments shall be subject to the penalties, procedures, and foreclosure sale in case of delinquencies as set forth in the PID Act and in the same manner as ad valorem taxes due and owing to the City. The City Council may provide for other means of collecting Annual Installments. Assessments shall have the lien priority specified in the PID Act. THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 22 Sales of the Assessed Property for nonpayment of Annual Installments shall be subject to the lien for the remaining unpaid Annual Installments against the Assessed Property, and the Assessed Property may again be sold at a judicial foreclosure sale if the purchaser fails to timely pay any of the remaining unpaid Annual Installments as they become due and payable. The City reserves the right to refund PID Bonds in accordance with applicable law, including the PID Act. In the event of a refunding, the Administrator shall recalculate the Annual Installments so that total Annual Installments will be sufficient to pay the refunding bonds, and the refunding bonds shall constitute “PID Bonds.” Each Annual Installment of an Assessment, including interest on the unpaid principal of the Assessment, shall be updated annually. Each Annual Installment shall be due when billed and shall be delinquent if not paid prior to February 1 of the following year. The initial Annual Installments shall be due when billed and shall be delinquent if not paid prior to February 1, 2024. Failure of an owner of an Assessed Property to receive an invoice for an Annual Installment on the property tax bill shall not relieve said owner of the responsibility for payment of the Assessment. Assessments, or Annual Installments thereof, that are delinquent shall incur Delinquent Collection Costs. The City may provide for other means of collecting the Annual Installments to the extent permitted by the PID Act, or other applicable law. G. Prepayment as a Result of an Eminent Domain Proceeding or Taking Subject to applicable law, if any portion of any Parcel of Assessed Property is taken from an owner as a result of eminent domain proceedings or if a transfer of any portion of any Parcel of Assessed Property is made to an entity with the authority to condemn all or a portion of the Assessed Property in lieu of or as a part of an eminent domain proceeding (a “Taking”), the portion of the Assessed Property that was taken or transferred (the “Taken Property”) shall be reclassified as Non-Benefited Property. For the Assessed Property that is subject to the Taking as described in the preceding paragraph, the Assessment that was levied against the Assessed Property (when it was included in the Taken Property) prior to the Taking shall remain in force against the remaining Assessed Property (the Assessed Property less the Taken Property) (the “Remaining Property”), following the reclassification of the Taken Property as Non-Benefited Property, subject to an adjustment of the Assessment applicable to the Remaining Property after any required Prepayment as set forth below. The owner of the Remaining Property will remain liable to pay in Annual Installments, or payable as otherwise provided by this Service and Assessment Plan, as updated, or the PID Act, the Assessment that remains due on the Remaining Property, subject to an adjustment in the Assessment applicable to the Remaining Property after any required Prepayment as set forth below. Notwithstanding the foregoing, if the Assessment that remains due on the Remaining Property exceeds the applicable Maximum Assessment, the owner of the Remaining Property THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 23 will be required to make a Prepayment in an amount necessary to ensure that the Assessment against the Remaining Property does not exceed such Maximum Assessment, in which case the Assessment applicable to the Remaining Property will be reduced by the amount of the partial Prepayment. If the City receives all or a portion of the eminent domain proceeds (or payment made in an agreed sale in lieu of condemnation), such amount shall be credited against the amount of prepayment, with any remainder credited against the assessment on the Remaining Property. In all instances the Assessment remaining on the Remaining Property shall not exceed the applicable Maximum Assessment. By way of illustration, if an owner owns 100 acres of Assessed Property subject to a $100 Assessment and 10 acres is taken through a Taking, the 10 acres of Taken Property shall be reclassified as Non-Benefited Property and the remaining 90 acres of Remaining Property shall be subject to the $100 Assessment (provided that this $100 Assessment does not exceed the Maximum Assessment on the Remaining Property). If the Administrator determines that the $100 Assessment reallocated to the Remaining Property would exceed the Maximum Assessment, as applicable, on the Remaining Property by $10, then the owner shall be required to pay $10 as a Prepayment of the Assessment against the Remaining Property and the Assessment on the Remaining Property shall be adjusted to be $90. Notwithstanding the previous paragraphs in this subsection, if the owner of the Taken Property notifies the City and the Administrator that the Taking prevents the Remaining Property from being developed for any use which could support the Estimated Buildout Value requirement, the owner shall, upon receipt of the compensation for the Taken Property, be required to prepay the amount of the Assessment required to buy down the outstanding Assessment to the applicable Maximum Assessment on the Remaining Property to support the Estimated Buildout Value requirement. Said owner will remain liable to pay the Annual Installments on both the Taken Property and the Remaining Property until such time that such Assessment has been prepaid in full. Notwithstanding the previous paragraphs in this subsection, the Assessments shall never be reduced to an amount less than the amount required to pay all outstanding debt service requirements on all outstanding PID Bonds. SECTION VII: ASSESSMENT ROLL The Improvement Area #1 Assessment Roll is attached as Exhibit F-1. The Administrator shall prepare and submit to the City Council for review and approval proposed revisions to the Improvement Area #1 Assessment Roll and Improvement Area #1 Annual Installments for each Parcel as part of each Annual Service Plan Update. THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 24 SECTION VIII: ADDITIONAL PROVISIONS A. Calculation Errors If the owner of a Parcel claims that an error has been made in any calculation required by this Service and Assessment Plan, including, but not limited to, any calculation made as part of any Annual Service Plan Update, said owner’s sole and exclusive remedy shall be to submit a written notice of error to the Administrator by December 1st of the year following City Council’s approval of the calculation. Otherwise, said owner shall be deemed to have unconditionally approved and accepted the calculation. The Administrator shall provide a written response to the City Council and the owner not later than 30 days of such receipt of a written notice of error by the Administrator. The City Council shall consider the owner’s notice of error and the Administrator’s response at a public meeting, and not later than 30 days after closing such meeting, the City Council shall make a final determination as to whether an error has been made. If the City Council determines that an error has been made, the City Council take such corrective action as is authorized by the PID Act, this Service and Assessment Plan, the applicable Assessment Ordinance, the applicable Indenture, or as otherwise authorized by the discretionary power of the City Council. The determination by the City Council as to whether an error has been made, and any corrective action taken by the City Council, shall be final and binding on the owner and the Administrator. B. Amendments Amendments to this Service and Assessment Plan must be made by the City Council in accordance with the PID Act. To the extent permitted by the PID Act, this Service and Assessment Plan may be amended without notice to owners of the Assessed Property: (1) to correct mistakes and clerical errors; (2) to clarify ambiguities; and (3) to provide procedures to collect Assessments, Annual Installments, and other charges imposed by this Service and Assessment Plan. C. Administration and Interpretation The Administrator shall: (1) perform the obligations of the Administrator as set forth in this Service and Assessment Plan; (2) administer the District for and on behalf of and at the direction of the City Council; and (3) interpret the provisions of this Service and Assessment Plan. Interpretations of this Service and Assessment Plan by the Administrator shall be in writing and shall be appealable to the City Council by owners of Assessed Property adversely affected by the interpretation. Appeals shall be decided by the City Council after holding a public meeting at which all interested parties have an opportunity to be heard. Decisions by the City Council shall be final and binding on the owners of Assessed Property and developers and their successors and assigns. THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 25 D. Form of Buyer Disclosure/Filing Requirements Per Section 5.014 of the Texas Property Code, as amended, this Service and Assessment Plan, and any future Annual Service Plan Updates, shall include a form of the buyer disclosures for the district. The buyer disclosures are attached hereto as Appendix B. Within seven days of approval by the city Council, the City shall file and record in the real property records of the County the executed ordinance of this Service and Assessment Plan, or any future Annual Service Plan Updates. The executed ordinance, including any attachments, approving this Service an Assessment Plan or any future Annual Service Plan Updates shall be filed and recorded in their entirety. E. Severability If any provision of this Service and Assessment Plan is determined by a governmental agency or court to be unenforceable, the unenforceable provision shall be deleted and, to the maximum extent possible, shall be rewritten to be enforceable. Every effort shall be made to enforce the remaining provisions. THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 26 EXHIBITS The following Exhibits are attached to and made a part of this Service and Assessment Plan for all purposes: Exhibit A-1 Map of the District Exhibit A-2 Map of Improvement Area #1 Exhibit A-3 Lot Type Classification Map Exhibit B-1 Authorized Improvements Exhibit B-2 Remainder Area Apportionment of Costs Exhibit C Service Plan Exhibit D Sources and Uses of Funds Exhibit E Maximum Assessment and Tax Rate Equivalent Exhibit F-1 Improvement Area #1 Assessment Roll Exhibit F-2 Projected Improvement Area #1 Annual Installments Exhibit G-1 Maps of Improvement Area #1 Improvements Exhibit G-2 Maps of Major Improvements Exhibit H Form of Notice of PID Assessment Termination Exhibit I-1 District Legal Description Exhibit I-2 Improvement Area #1 Legal Description APPENDICES The following Appendices are attached to and made a part of this Service and Assessment Plan for all purposes: Appendix A Engineer’s Report Appendix B Buyer Disclosures THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 27 EXHIBIT A-1 – MAP OF THE DISTRICT THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 28 EXHIBIT A-2 – MAP OF IMPROVEMENT AREA #1 THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 29 EXHIBIT A-3 – LOT TYPE CLASSIFICATION MAP THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 30 EXHIBIT B-1 – AUTHORIZED IMPROVEMENTS %Cost %Cost Improvement Area #1 Improvements Erosion Control 57,000$ -$ -$ 57,000$ 100.00%57,000$ 0.00%-$ Excavation 162,500 --162,500 100.00%162,500 0.00%- Sanitary Sewer 1,053,228 --1,053,228 100.00%1,053,228 0.00%- Storm Sewer 1,771,838 --1,771,838 100.00%1,771,838 0.00%- Water 1,123,596 --1,123,596 100.00%1,123,596 0.00%- Paving 1,772,441 --1,772,441 100.00%1,772,441 0.00%- Street Lights 66,000 --66,000 100.00%66,000 0.00%- Soft Costs3 1,329,145 --1,329,145 100.00%1,329,145 0.00%- 7,335,748$ -$ -$ 7,335,748$ 7,335,748$ -$ Major Improvements Excavation 612,616$ 93,824 -$ 518,792$ 24.23%125,685$ 75.77%393,107$ Sanitary Sewer 1,212,374 185,679 -1,026,695 24.23%248,732 75.77%777,963 Storm Sewer 1,136,739 174,095 -962,644 24.23%233,215 75.77%729,429 Water 758,402 116,152 -642,250 24.23%155,595 75.77%486,655 Paving 1,450,080 222,084 -1,227,996 24.23%297,501 75.77%930,495 Soft Costs3 1,144,068 175,218 -968,850 24.23%234,719 75.77%734,132 6,314,279$ 967,052$ -$ 5,347,227$ 1,295,447$ 4,051,780$ Private Improvements Private Improvements 5,957,494$ -$ 5,957,494$ -$ $ - $ - 5,957,494$ -$ 5,957,494$ -$ $ - $ - Bond Issuance Costs Debt Service Reserve Fund 538,608$ -$ -$ 538,608$ 538,608$ -$ Capitalized Interest ------ Underwriter Discount 148,400 --148,400 148,400 - Underwriter's Counsel 74,200 --74,200 74,200 - Cost of Issuance 445,200 --445,200 445,200 - 1,206,408$ -$ -$ 1,206,408$ 1,206,408$ -$ Other Costs First Year Annual Collection Costs 40,000$ -$ -$ 40,000$ $ 40,000 $ - 40,000$ -$ -$ 40,000$ $ 40,000 $ - Total $ 20,853,929 $ 967,052 $ 5,957,494 $ 13,929,383 $ 9,877,603 $ 4,051,780 Footnotes: (1) Costs based on Engineer's Report, attached hereto as Appendix A. (2) Non-Assessed Property allocated 15.32% of Major Improvements based on Acreage ($6,314,279 * 15.32% = $967,052). (3) Includes Engineering and Contingency as detailed in the Engineer's Report. Total1 Non-Assessed Property2 Private District Eligible Costs Improvement Area #1 Remainder Area THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 31 EXHIBIT B-2 – REMAINDER AREA APPORTIONMENT OF COSTS %Costs Improvement Area #1 218 78,930,000$ 24.23%1,295,447$ Remainder Area 733 246,870,000$75.77%4,051,780$ 4,051,780$ Total 951 325,800,000$100.00%5,347,227$ Footnotes: 1) Reimbursable in part or in full from future Assessessments levied in the Remainder Area. 2)The costs of the Major Improvements apportioned pro rata based on Estimated Buildout Value between Improvement Area #1 and the Remainder Area. Major Improvements2 Total Apportionment for Future Funding1Improvement Area Units1 Estimated Buildout Value THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 32 EXHIBIT C – SERVICE PLAN Annual Installments Due 1/31/2024 1/31/2025 1/31/2026 1/31/2027 1/31/2028 Principal 3,000.00$ 3,000.00$ 2,000.00$ 1,000.00$ -$ Interest 572,004.90$ 571,773.60$ 571,542.30$ 571,388.10$ 571,311.00$ (1)575,004.90$ 574,773.60$ 573,542.30$ 572,388.10$ 571,311.00$ Annual Collection Costs (2)40,000.00$ 40,800.00$ 41,616.00$ 42,448.32$ 43,297.29$ Additional Interest1 (3)-$ -$ -$ -$ -$ Total Annual Installment (3) = (1) + (2)615,004.90$ 615,573.60$ 615,158.30$ 614,836.42$ 614,608.29$ Footnotes: 1)Additional Interest will not be charged on the Improvement Area #1 Reimbursement Obligation.In the event Improvement Area #1 Bonds are issued,the Service Plan and Assessment Roll shall be updated to reflect the Additional Interest collected for the Improvement Area #1 Bonds. Improvement Area #1 THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 33 EXHIBIT D – SOURCES AND USES OF FUNDS Private/ Non-Assessed Property Improvement Area #1 Remainder Area Total Improvement Area #1 Reimbursement Obligation -$ 7,419,000$ -$ 7,419,000$ Developer Contribution - Improvement Area #11 -2,458,603 -2,458,603 Developer Contribution - Remainder Area3 --4,051,780 4,051,780 Developer Contribution - Non-Assessed Property1 967,052 --967,052 Developer Contribution - Private Improvements1 5,957,494 --5,957,494 Total Sources 6,924,546$ 9,877,603$ 4,051,780$20,853,929$ Improvement Area #1 Improvements -$ 7,335,748$ -$ 7,335,748$ Major Improvements 967,052 1,295,447 4,051,780 6,314,279 Private Improvements 5,957,494 --5,957,494 6,924,546$ 8,631,195$ 4,051,780$ 19,607,521$ Bond Issuance Costs 2 Debt Service Reserve Fund -$ 538,608$ -$ 538,608$ Capitalized Interest ---- Underwriter's Discount -148,400 -148,400 Underwriter's Counsel -74,200 -74,200 Cost of Issuance -445,200 -445,200 -$ 1,206,408$ -$ 1,206,408$ Other Costs First Year Annual Collection Costs -40,000 -40,000 -$ 40,000$ -$ 40,000$ Total Uses 6,924,546$ 9,877,603$ 4,051,780$20,853,929$ Footnotes: Sources of Funds Uses of Funds 1) Not reimbursable to the Developer through Assessments or PID Bond proceeds. 2) Preliminary estimate only, to be updated if Improvement Area #1 Bonds are issued. 3) Apportioned costs to be levied in part or in full at a later date. THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 34 EXHIBIT E – MAXIMUM ASSESSMENT AND TAX RATE EQUIVALENT Per Unit Total Per Unit Total Per Unit Total Improvement Area #1 Lot Type 1 (50')188 360,000$67,680,000$ 33,838$6,361,560$2,805$ 527,416$ 0.78$ Lot Type 2 (60')30 375,000$11,250,000$ 35,248$1,057,440$2,922$ 87,669$ 0.78$ Total 218 78,930,000$ 7,419,000$615,085$ Footnotes: 1) Per information provided by the Developer. Estimated Buildout Value1 Assessment Average Annual Installment Lot Type Units1 PID TRE THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 35 EXHIBIT F-1 – IMPROVEMENT AREA #1 ASSESSMENT ROLL Property ID1 Lot Type Outstanding Assessment Annual Installment due 1/31/24 2832376 Improvement Area #1 Initial Parcel 7,419,000.00$ 615,004.90$ 7,419,000.00$ 615,004.90$ Footnotes: Total 1)The entire Improvement Area #1 is contained within Property ID 2832376.For billing purposes, the Improvement Area #1 Annual Installment due 1/31/2024 shall be allocated pro rata based on acreage. THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 36 EXHIBIT F-2 – PROJECTED IMPROVEMENT AREA #1 ANNUAL INSTALLMENT Annual Installments Due 1/31 Principal Interest1 Annual Collection Costs Total Annual Installment2 2024 3,000.00$ 572,004.90$ 40,000.00$ 615,004.90$ 2025 3,000.00$ 571,773.60$ 40,800.00$ 615,573.60$ 2026 2,000.00$ 571,542.30$ 41,616.00$ 615,158.30$ 2027 1,000.00$ 571,388.10$ 42,448.32$ 614,836.42$ 2028 -$ 571,311.00$ 43,297.29$ 614,608.29$ 2029 151,000.00$ 420,147.00$ 44,163.24$ 615,310.24$ 2030 159,000.00$ 411,585.30$ 45,046.50$ 615,631.80$ 2031 167,000.00$ 402,570.00$ 45,947.43$ 615,517.43$ 2032 175,000.00$ 393,101.10$ 46,866.38$ 614,967.48$ 2033 184,000.00$ 383,178.60$ 47,803.71$ 614,982.31$ 2034 194,000.00$ 372,745.80$ 48,759.78$ 615,505.58$ 2035 204,000.00$ 361,746.00$ 49,734.98$ 615,480.98$ 2036 214,000.00$ 350,179.20$ 50,729.68$ 614,908.88$ 2037 225,000.00$ 338,045.40$ 51,744.27$ 614,789.67$ 2038 237,000.00$ 325,287.90$ 52,779.16$ 615,067.06$ 2039 249,000.00$ 311,850.00$ 53,834.74$ 614,684.74$ 2040 262,000.00$ 297,731.70$ 54,911.43$ 614,643.13$ 2041 276,000.00$ 282,876.30$ 56,009.66$ 614,885.96$ 2042 291,000.00$ 267,227.10$ 57,129.85$ 615,356.95$ 2043 306,000.00$ 250,727.40$ 58,272.45$ 614,999.85$ 2044 322,000.00$ 233,377.20$ 59,437.90$ 614,815.10$ 2045 339,000.00$ 215,119.80$ 60,626.66$ 614,746.46$ 2046 357,000.00$ 195,898.50$ 61,839.19$ 614,737.69$ 2047 376,000.00$ 175,656.60$ 63,075.97$ 614,732.57$ 2048 396,000.00$ 154,337.40$ 64,337.49$ 614,674.89$ 2049 418,000.00$ 131,884.20$ 65,624.24$ 615,508.44$ 2050 440,000.00$ 108,183.60$ 66,936.72$ 615,120.32$ 2051 464,000.00$ 83,235.60$ 68,275.45$ 615,511.05$ 2052 489,000.00$ 56,926.80$ 69,640.96$ 615,567.76$ 2053 515,000.00$ 29,200.50$ 71,033.78$ 615,234.28$ Total 7,419,000.00$ 9,410,838.90$ 1,622,723.23$ 18,452,562.13$ Footnotes: 1)The interest rate is calculated at 7.71%for years 1-5,and 5.67%for the remaining term,as described in the Improvement Area #1 Reimbursement Agreement. 2)The figures shown above are estimates only and subject to change in Annual Service Plan Updates. Changes in Annual Collection Costs,interest earnings,or other available offsets could increase or decrease the amounts shown. THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 37 EXHIBIT G-1 – MAPS OF IMPROVEMENT AREA #1 IMPROVEMENTS THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 38 THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 39 THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 40 THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 41 EXHIBIT G-2 – MAPS OF MAJOR IMPROVEMENTS THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 42 THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 43 THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 44 THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 45 EXHIBIT H – FORM OF NOTICE OF PID ASSESSMENT TERMINATION P3Works, LLC 9284 Huntington Square, Suite 100 North Richland Hills, TX 76182 ______________________________________________________________________________ [Date] Collin County Clerk’s Office Honorable [County Clerk] Collin County Administration Building 2300 Bloomdale Rd, Suite 2106 McKinney, TX 75071 Re: City of Anna Lien Release documents for filing Dear Ms./Mr. [County Clerk] Enclosed is a lien release that the City of Anna is requesting to be filed in your office. Lien release for [insert legal description]. Recording Numbers: [Plat]. Please forward copies of the filed documents to my attention: City of Anna Attn: City Secretary 120 W. 7th Street Anna, TX 75409 Please contact me if you have any questions or need additional information. Sincerely, [Signature] P3Works, LLC (817) 393-0353 Admin@P3-Works.com www.P3-Works.com THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 46 AFTER RECORDING RETURN TO: [City Secretary Name] 120 W. 7th Street Anna, TX 75409 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. FULL RELEASE OF PUBLIC IMPROVEMENT DISTRICT LIEN STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN § THIS FULL RELEASE OF PUBLIC IMPROVEMENT DISTRICT LIEN (this "Full Release") is executed and delivered as of the Effective Date by the City of Anna, Texas, a Texas home rule municipality (the “City”). RECITALS WHEREAS, the governing body (hereinafter referred to as the "City Council") of the City of Anna, Texas is authorized by Chapter 372, Texas Local Government Code, as amended (hereinafter referred to as the "Act"), to create public improvement districts within the corporate limits of the City; and WHEREAS, on February 14, 2023, the City Council of the City approved Resolution No. ________ creating The Woods at Lindsey Place Public Improvement District (the “District”); and WHEREAS, the District consists of approximately 198.006 contiguous acres within the corporate limits of the City; and WHEREAS, on ____________, the City Council, approved Ordinance No. __________, (hereinafter referred to as the "Assessment Ordinance") approving a service and assessment plan and assessment roll for the real property located with the District, the Assessment Ordinance being recorded on _____________, as Instrument No. ________ in the Official Public Records of Collin County, TX; and WHEREAS, the Assessment Ordinance imposed an assessment in the amount of [amount] (hereinafter referred to as the "Lien Amount") and further imposed a lien to secure the payment of the Lien Amount (the “Lien”) against the following property located within the District, to wit: THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 47 [legal description], an addition to the City of [City], [County], Texas, according to the map or plat thereof recorded as Instrument No. ________ in the Map Records of Collin County, Texas (the "Property"); and WHEREAS, the Lien Amount has been paid in full. RELEASE NOW THEREFORE, for and in consideration of the full payment of the Lien Amount, the City/County hereby releases and discharges, and by these presents does hereby release and discharge, the Lien to the extent that is affects and encumbers the Property. EXECUTED to be EFFECTIVE this the _____ day of _________, 20__. CITY OF ANNA, TEXAS, A Texas home rule municipality, By: _______________________________ [Manager Name], City Manager ATTEST: _______________________________ [Secretary Name], City Secretary STATE OF TEXAS § § COUNTY OF COLLIN § This instrument was acknowledged before me on the ____ day of ________, 20__, by [City Manager], City Manager for the City of Anna, Texas, a Texas home rule municipality, on behalf of said municipality. _______________________________ Notary Public, State of Texas THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 48 EXHIBIT I-1 – DISTRICT LEGAL DESCRIPTION THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 49 THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 50 THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 51 THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 52 EXHIBIT I-2 – IMPROVEMENT AREA #1 LEGAL DESCRIPTION THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 53 THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 54 THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 55 THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 56 APPENDIX A – ENGINEER’S REPORT [Remainder of page left intentionally blank.] THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 57 THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 58 THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 59 THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 60 THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 61 THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 62 THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 63 THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 64 THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 65 THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 66 THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 67 THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 68 THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 69 THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 70 THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 71 THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 72 THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 73 THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 74 THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 75 THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 76 THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 77 THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 78 THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 79 THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 80 THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN 81 APPENDIX B – BUYER DISCLOSURES Forms of the buyer disclosures for the following Lot Types are found in this Appendix: ▪Improvement Area #1 o Improvement Area #1 Initial Parcel o Lot Type 1 o Lot Type 2 [Remainder of page left intentionally blank.] THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT BUYER DISCLOSURE – IMPROVEMENT AREA #1 INITIAL PARCEL NOTICE OF OBLIGATIONS RELATED TO PUBLIC IMPROVEMENT DISTRICT A person who proposes to sell or otherwise convey real property that is located in a public improvement district established under Subchapter A, Chapter 372, Local Government Code (except for public improvement districts described under Section 372.005), or Chapter 382, Local Government Code, shall first give to the purchaser of the property this written notice, signed by the seller. For the purposes of this notice, a contract for the purchase and sale of real property having a performance period of less than six months is considered a sale requiring the notice set forth below. This notice requirement does not apply to a transfer: 1) under a court order or foreclosure sale; 2) by a trustee in bankruptcy; 3) to a mortgagee by a mortgagor or successor in interest or to a beneficiary of a deed of trust by a trustor or successor in interest; 4) by a mortgagee or a beneficiary under a deed of trust who has acquired the land at a sale conducted under a power of sale under a deed of trust or a sale under a court-ordered foreclosure or has acquired the land by a deed in lieu of foreclosure; 5) by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust; 6) from one co-owner to another co-owner of an undivided interest in the real property; 7) to a spouse or a person in the lineal line of consanguinity of the seller; 8) to or from a governmental entity; or 9) of only a mineral interest, leasehold interest, or security interest The following notice shall be given to a prospective purchaser before the execution of a binding contract of purchase and sale, either separately or as an addendum or paragraph of a purchase contract. In the event a contract of purchase and sale is entered into without the seller having provided the required notice, the purchaser, subject to certain exceptions, is entitled to terminate the contract. A separate copy of this notice shall be executed by the seller and the purchaser and must be filed in the real property records of the county in which the property is located at the closing of the purchase and sale of the property. AFTER RECORDING1 RETURN TO: ____________________ ____________________ ____________________ ____________________ ____________________ NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT TO CITY OF ANNA, TEXAS CONCERNING THE FOLLOWING PROPERTY __________________________________________ PROPERTY ADDRESS IMPROVEMENT AREA #1 INITIAL PARCEL PRINCIPAL ASSESSMENT: $7,419,000.00 As the purchaser of the real property described above, you are obligated to pay assessments to the City of Anna, Texas, for the costs of a portion of a public improvement or services project (the "Authorized Improvements") undertaken for the benefit of the property within The Woods at Lindsey Place Public Improvement District (the "District") created under Subchapter A, Chapter 372, Local Government Code. AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE AUTHORIZED IMPROVEMENTS, WHICH MAY BE PAID IN FULL AT ANY TIME. IF THE ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN ANNUAL INSTALLMENTS THAT WILL VARY FROM YEAR TO YEAR DEPENDING ON THE AMOUNT OF INTEREST PAID, COLLECTION COSTS, ADMINISTRATIVE COSTS, AND DELINQUENCY COSTS. The exact amount of the assessment may be obtained from the City of Anna. The exact amount of each annual installment will be approved each year by the Anna City Council in the annual service plan update for the district. More information about the assessments, including the amounts and due dates, may be obtained from the City of Anna. Your failure to pay any assessment or any annual installment may result in penalties and interest being added to what you owe or in a lien on and the foreclosure of your property. 1 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Collin County when updating for the Current Information of Obligation to Pay Improvement District Assessment. Signature Page to Initial Notice of Obligation to Pay Improvement District Assessment [The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. DATE:DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER The undersigned seller acknowledges providing this notice to the potential purchaser before the effective date of a binding contract for the purchase of the real property at the address described above. DATE:DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER]2 2 To be included in copy of the notice required by Section 5.014, Tex. Prop. Code, to be executed by seller in accordance with Section 5.014(a-1), Tex. Prop. Code. Purchaser Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment [The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. The undersigned purchaser acknowledged the receipt of this notice including the current information required by Section 5.0143, Texas Property Code, as amended. DATE:DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER STATE OF TEXAS § § COUNTY OF COLLIN § The foregoing instrument was acknowledged before me by ______________________and ____________________, known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this _________________, 20__. Notary Public, State of Texas]3 3 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Collin County. Seller Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment [The undersigned seller acknowledges providing a separate copy of the notice required by Section 5.014 of the Texas Property Code including the current information required by Section 5.0143, Texas Property Code, as amended, at the closing of the purchase of the real property at the address above. DATE:DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER STATE OF TEXAS § § COUNTY OF COLLIN § The foregoing instrument was acknowledged before me by ______________________and ____________________, known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this _________________, 20__. Notary Public, State of Texas]4 4 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Collin County. Annual Installment Schedule to Notice of Obligation to Pay Improvement District Assessment ANNUAL INSTALLMENTS – IMPROVEMENT AREA #1 INITIAL PARCEL Annual Installments Due 1/31 Principal Interest1 Annual Collection Costs Total Annual Installment2 2024 3,000.00$ 572,004.90$ 40,000.00$ 615,004.90$ 2025 3,000.00$ 571,773.60$ 40,800.00$ 615,573.60$ 2026 2,000.00$ 571,542.30$ 41,616.00$ 615,158.30$ 2027 1,000.00$ 571,388.10$ 42,448.32$ 614,836.42$ 2028 -$ 571,311.00$ 43,297.29$ 614,608.29$ 2029 151,000.00$ 420,147.00$ 44,163.24$ 615,310.24$ 2030 159,000.00$ 411,585.30$ 45,046.50$ 615,631.80$ 2031 167,000.00$ 402,570.00$ 45,947.43$ 615,517.43$ 2032 175,000.00$ 393,101.10$ 46,866.38$ 614,967.48$ 2033 184,000.00$ 383,178.60$ 47,803.71$ 614,982.31$ 2034 194,000.00$ 372,745.80$ 48,759.78$ 615,505.58$ 2035 204,000.00$ 361,746.00$ 49,734.98$ 615,480.98$ 2036 214,000.00$ 350,179.20$ 50,729.68$ 614,908.88$ 2037 225,000.00$ 338,045.40$ 51,744.27$ 614,789.67$ 2038 237,000.00$ 325,287.90$ 52,779.16$ 615,067.06$ 2039 249,000.00$ 311,850.00$ 53,834.74$ 614,684.74$ 2040 262,000.00$ 297,731.70$ 54,911.43$ 614,643.13$ 2041 276,000.00$ 282,876.30$ 56,009.66$ 614,885.96$ 2042 291,000.00$ 267,227.10$ 57,129.85$ 615,356.95$ 2043 306,000.00$ 250,727.40$ 58,272.45$ 614,999.85$ 2044 322,000.00$ 233,377.20$ 59,437.90$ 614,815.10$ 2045 339,000.00$ 215,119.80$ 60,626.66$ 614,746.46$ 2046 357,000.00$ 195,898.50$ 61,839.19$ 614,737.69$ 2047 376,000.00$ 175,656.60$ 63,075.97$ 614,732.57$ 2048 396,000.00$ 154,337.40$ 64,337.49$ 614,674.89$ 2049 418,000.00$ 131,884.20$ 65,624.24$ 615,508.44$ 2050 440,000.00$ 108,183.60$ 66,936.72$ 615,120.32$ 2051 464,000.00$ 83,235.60$ 68,275.45$ 615,511.05$ 2052 489,000.00$ 56,926.80$ 69,640.96$ 615,567.76$ 2053 515,000.00$ 29,200.50$ 71,033.78$ 615,234.28$ Total 7,419,000.00$ 9,410,838.90$ 1,622,723.23$ 18,452,562.13$ Footnotes: 1)The interest rate is calculated at 7.71%for years 1-5,and 5.67%for the remaining term,as described in the Improvement Area #1 Reimbursement Agreement. 2)The figures shown above are estimates only and subject to change in Annual Service Plan Updates. Changes in Annual Collection Costs,interest earnings,or other available offsets could increase or decrease the amounts shown. THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT BUYER DISCLOSURE IMPROVEMENT AREA #1 LOT TYPE 1 NOTICE OF OBLIGATIONS RELATED TO PUBLIC IMPROVEMENT DISTRICT A person who proposes to sell or otherwise convey real property that is located in a public improvement district established under Subchapter A, Chapter 372, Local Government Code (except for public improvement districts described under Section 372.005), or Chapter 382, Local Government Code, shall first give to the purchaser of the property this written notice, signed by the seller. For the purposes of this notice, a contract for the purchase and sale of real property having a performance period of less than six months is considered a sale requiring the notice set forth below. This notice requirement does not apply to a transfer: 1) under a court order or foreclosure sale; 2) by a trustee in bankruptcy; 3) to a mortgagee by a mortgagor or successor in interest or to a beneficiary of a deed of trust by a trustor or successor in interest; 4) by a mortgagee or a beneficiary under a deed of trust who has acquired the land at a sale conducted under a power of sale under a deed of trust or a sale under a court-ordered foreclosure or has acquired the land by a deed in lieu of foreclosure; 5) by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust; 6) from one co-owner to another co-owner of an undivided interest in the real property; 7) to a spouse or a person in the lineal line of consanguinity of the seller; 8) to or from a governmental entity; or 9) of only a mineral interest, leasehold interest, or security interest The following notice shall be given to a prospective purchaser before the execution of a binding contract of purchase and sale, either separately or as an addendum or paragraph of a purchase contract. In the event a contract of purchase and sale is entered into without the seller having provided the required notice, the purchaser, subject to certain exceptions, is entitled to terminate the contract. A separate copy of this notice shall be executed by the seller and the purchaser and must be filed in the real property records of the county in which the property is located at the closing of the purchase and sale of the property. AFTER RECORDING1 RETURN TO: ____________________ ____________________ ____________________ ____________________ ____________________ NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT TO CITY OF ANNA, TEXAS CONCERNING THE FOLLOWING PROPERTY __________________________________________ PROPERTY ADDRESS LOT TYPE 1 PRINCIPAL ASSESSMENT: $33,838.08 As the purchaser of the real property described above, you are obligated to pay assessments to the City of Anna, Texas, for the costs of a portion of a public improvement or services project (the "Authorized Improvements") undertaken for the benefit of the property within The Woods at Lindsey Place Public Improvement District (the "District") created under Subchapter A, Chapter 372, Local Government Code. AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE AUTHORIZED IMPROVEMENTS, WHICH MAY BE PAID IN FULL AT ANY TIME. IF THE ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN ANNUAL INSTALLMENTS THAT WILL VARY FROM YEAR TO YEAR DEPENDING ON THE AMOUNT OF INTEREST PAID, COLLECTION COSTS, ADMINISTRATIVE COSTS, AND DELINQUENCY COSTS. The exact amount of the assessment may be obtained from the City of Anna. The exact amount of each annual installment will be approved each year by the Anna City Council in the annual service plan update for the district. More information about the assessments, including the amounts and due dates, may be obtained from the City of Anna. Your failure to pay any assessment or any annual installment may result in penalties and interest being added to what you owe or in a lien on and the foreclosure of your property. 1 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Collin County when updating for the Current Information of Obligation to Pay Improvement District Assessment. Signature Page to Initial Notice of Obligation to Pay Improvement District Assessment [The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. DATE:DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER The undersigned seller acknowledges providing this notice to the potential purchaser before the effective date of a binding contract for the purchase of the real property at the address described above. DATE:DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER]2 2 To be included in copy of the notice required by Section 5.014, Tex. Prop. Code, to be executed by seller in accordance with Section 5.014(a-1), Tex. Prop. Code. Purchaser Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment [The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. The undersigned purchaser acknowledged the receipt of this notice including the current information required by Section 5.0143, Texas Property Code, as amended. DATE:DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER STATE OF TEXAS § § COUNTY OF COLLIN § The foregoing instrument was acknowledged before me by ______________________and ____________________, known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this _________________, 20__. Notary Public, State of Texas]3 3 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Collin County. Seller Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment [The undersigned seller acknowledges providing a separate copy of the notice required by Section 5.014 of the Texas Property Code including the current information required by Section 5.0143, Texas Property Code, as amended, at the closing of the purchase of the real property at the address above. DATE:DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER STATE OF TEXAS § § COUNTY OF COLLIN § The foregoing instrument was acknowledged before me by ______________________and ____________________, known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this _________________, 20__. Notary Public, State of Texas]4 4 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Collin County. Annual Installment Schedule to Notice of Obligation to Pay Improvement District Assessment ANNUAL INSTALLMENTS – LOT TYPE 1 Annual Installments Due 1/31 Principal Interest2 Annual Collection Costs Total Annual Installment1 2024 13.68$ 2,608.92$ 182.44$ 2,805.04$ 2025 13.68$ 2,607.86$ 186.09$ 2,807.63$ 2026 9.12$ 2,606.81$ 189.81$ 2,805.74$ 2027 4.56$ 2,606.10$ 193.61$ 2,804.27$ 2028 -$ 2,605.75$ 197.48$ 2,803.23$ 2029 688.71$ 1,916.29$ 201.43$ 2,806.43$ 2030 725.20$ 1,877.24$ 205.46$ 2,807.90$ 2031 761.69$ 1,836.12$ 209.57$ 2,807.38$ 2032 798.18$ 1,792.94$ 213.76$ 2,804.87$ 2033 839.22$ 1,747.68$ 218.03$ 2,804.94$ 2034 884.83$ 1,700.09$ 222.39$ 2,807.32$ 2035 930.44$ 1,649.92$ 226.84$ 2,807.21$ 2036 976.05$ 1,597.17$ 231.38$ 2,804.60$ 2037 1,026.23$ 1,541.83$ 236.01$ 2,804.06$ 2038 1,080.96$ 1,483.64$ 240.73$ 2,805.32$ 2039 1,135.69$ 1,422.35$ 245.54$ 2,803.58$ 2040 1,194.98$ 1,357.96$ 250.45$ 2,803.39$ 2041 1,258.84$ 1,290.20$ 255.46$ 2,804.50$ 2042 1,327.25$ 1,218.82$ 260.57$ 2,806.65$ 2043 1,395.67$ 1,143.57$ 265.78$ 2,805.02$ 2044 1,468.64$ 1,064.43$ 271.10$ 2,804.17$ 2045 1,546.18$ 981.16$ 276.52$ 2,803.86$ 2046 1,628.28$ 893.49$ 282.05$ 2,803.82$ 2047 1,714.94$ 801.17$ 287.69$ 2,803.80$ 2048 1,806.16$ 703.93$ 293.44$ 2,803.53$ 2049 1,906.50$ 601.52$ 299.31$ 2,807.34$ 2050 2,006.84$ 493.43$ 305.30$ 2,805.57$ 2051 2,116.31$ 379.64$ 311.40$ 2,807.35$ 2052 2,230.33$ 259.64$ 317.63$ 2,807.61$ 2053 2,348.92$ 133.18$ 323.99$ 2,806.09$ Total 33,838.08$ 42,922.87$ 7,401.25$ 84,162.20$ Footnotes: 1)The interest rate is calculated at 7.71%for years 1-5,and 5.67%for the remaining term,as described in the Improvement Area #1 Reimbursement Agreement. 2)The figures shown above are estimates only and subject to change in Annual Service Plan Updates. Changes in Annual Collection Costs,interest earnings,or other available offsets could increase or decrease the amounts shown. THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT BUYER DISCLOSURE IMPROVEMENT AREA #1 LOT TYPE 2 NOTICE OF OBLIGATIONS RELATED TO PUBLIC IMPROVEMENT DISTRICT A person who proposes to sell or otherwise convey real property that is located in a public improvement district established under Subchapter A, Chapter 372, Local Government Code (except for public improvement districts described under Section 372.005), or Chapter 382, Local Government Code, shall first give to the purchaser of the property this written notice, signed by the seller. For the purposes of this notice, a contract for the purchase and sale of real property having a performance period of less than six months is considered a sale requiring the notice set forth below. This notice requirement does not apply to a transfer: 1) under a court order or foreclosure sale; 2) by a trustee in bankruptcy; 3) to a mortgagee by a mortgagor or successor in interest or to a beneficiary of a deed of trust by a trustor or successor in interest; 4) by a mortgagee or a beneficiary under a deed of trust who has acquired the land at a sale conducted under a power of sale under a deed of trust or a sale under a court-ordered foreclosure or has acquired the land by a deed in lieu of foreclosure; 5) by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust; 6) from one co-owner to another co-owner of an undivided interest in the real property; 7) to a spouse or a person in the lineal line of consanguinity of the seller; 8) to or from a governmental entity; or 9) of only a mineral interest, leasehold interest, or security interest The following notice shall be given to a prospective purchaser before the execution of a binding contract of purchase and sale, either separately or as an addendum or paragraph of a purchase contract. In the event a contract of purchase and sale is entered into without the seller having provided the required notice, the purchaser, subject to certain exceptions, is entitled to terminate the contract. A separate copy of this notice shall be executed by the seller and the purchaser and must be filed in the real property records of the county in which the property is located at the closing of the purchase and sale of the property. AFTER RECORDING1 RETURN TO: ____________________ ____________________ ____________________ ____________________ ____________________ NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT TO CITY OF ANNA, TEXAS CONCERNING THE FOLLOWING PROPERTY __________________________________________ PROPERTY ADDRESS IMPROVEMENT AREA #1 LOT TYPE 2: $35,248.00 As the purchaser of the real property described above, you are obligated to pay assessments to the City of Anna, Texas, for the costs of a portion of a public improvement or services project (the "Authorized Improvements") undertaken for the benefit of the property within The Woods at Lindsey Place Public Improvement District (the "District") created under Subchapter A, Chapter 372, Local Government Code. AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE AUTHORIZED IMPROVEMENTS, WHICH MAY BE PAID IN FULL AT ANY TIME. IF THE ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN ANNUAL INSTALLMENTS THAT WILL VARY FROM YEAR TO YEAR DEPENDING ON THE AMOUNT OF INTEREST PAID, COLLECTION COSTS, ADMINISTRATIVE COSTS, AND DELINQUENCY COSTS. The exact amount of the assessment may be obtained from the City of Anna. The exact amount of each annual installment will be approved each year by the Anna City Council in the annual service plan update for the district. More information about the assessments, including the amounts and due dates, may be obtained from the City of Anna. Your failure to pay any assessment or any annual installment may result in penalties and interest being added to what you owe or in a lien on and the foreclosure of your property. 1 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Collin County when updating for the Current Information of Obligation to Pay Improvement District Assessment. Signature Page to Initial Notice of Obligation to Pay Improvement District Assessment [The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. DATE:DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER The undersigned seller acknowledges providing this notice to the potential purchaser before the effective date of a binding contract for the purchase of the real property at the address described above. DATE:DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER]2 2 To be included in copy of the notice required by Section 5.014, Tex. Prop. Code, to be executed by seller in accordance with Section 5.014(a-1), Tex. Prop. Code. Purchaser Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment [The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. The undersigned purchaser acknowledged the receipt of this notice including the current information required by Section 5.0143, Texas Property Code, as amended. DATE:DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER STATE OF TEXAS § § COUNTY OF COLLIN § The foregoing instrument was acknowledged before me by ______________________and ____________________, known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this _________________, 20__. Notary Public, State of Texas]3 3 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Collin County. Seller Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment [The undersigned seller acknowledges providing a separate copy of the notice required by Section 5.014 of the Texas Property Code including the current information required by Section 5.0143, Texas Property Code, as amended, at the closing of the purchase of the real property at the address above. DATE:DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER STATE OF TEXAS § § COUNTY OF COLLIN § The foregoing instrument was acknowledged before me by ______________________and ____________________, known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this _________________, 20__. Notary Public, State of Texas]4 4 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Collin County. Annual Installment Schedule to Notice of Obligation to Pay Improvement District Assessment ANNUAL INSTALLMENTS – IMPROVEMENT AREA #1 LOT TYPE 2 Annual Installments Due 1/31 Principal Interest1 Annual Collection Costs Total Annual Installment2 2024 14.25$ 2,717.62$ 190.04$ 2,921.92$ 2025 14.25$ 2,716.52$ 193.84$ 2,924.62$ 2026 9.50$ 2,715.42$ 197.72$ 2,922.64$ 2027 4.75$ 2,714.69$ 201.67$ 2,921.12$ 2028 -$ 2,714.32$ 205.71$ 2,920.03$ 2029 717.41$ 1,996.14$ 209.82$ 2,923.37$ 2030 755.42$ 1,955.46$ 214.02$ 2,924.89$ 2031 793.42$ 1,912.63$ 218.30$ 2,924.35$ 2032 831.43$ 1,867.64$ 222.66$ 2,921.74$ 2033 874.19$ 1,820.50$ 227.12$ 2,921.81$ 2034 921.70$ 1,770.93$ 231.66$ 2,924.29$ 2035 969.21$ 1,718.67$ 236.29$ 2,924.18$ 2036 1,016.72$ 1,663.72$ 241.02$ 2,921.46$ 2037 1,068.99$ 1,606.07$ 245.84$ 2,920.89$ 2038 1,126.00$ 1,545.46$ 250.76$ 2,922.21$ 2039 1,183.01$ 1,481.61$ 255.77$ 2,920.40$ 2040 1,244.77$ 1,414.54$ 260.89$ 2,920.20$ 2041 1,311.29$ 1,343.96$ 266.10$ 2,921.35$ 2042 1,382.55$ 1,269.61$ 271.43$ 2,923.59$ 2043 1,453.82$ 1,191.22$ 276.86$ 2,921.89$ 2044 1,529.84$ 1,108.79$ 282.39$ 2,921.01$ 2045 1,610.60$ 1,022.04$ 288.04$ 2,920.69$ 2046 1,696.12$ 930.72$ 293.80$ 2,920.65$ 2047 1,786.39$ 834.55$ 299.68$ 2,920.62$ 2048 1,881.41$ 733.26$ 305.67$ 2,920.35$ 2049 1,985.94$ 626.59$ 311.78$ 2,924.31$ 2050 2,090.46$ 513.99$ 318.02$ 2,922.46$ 2051 2,204.48$ 395.46$ 324.38$ 2,924.32$ 2052 2,323.26$ 270.46$ 330.87$ 2,924.59$ 2053 2,446.79$ 138.73$ 337.48$ 2,923.01$ Total 35,248.00$ 44,711.32$ 7,709.63$ 87,668.96$ Footnotes: 1)The interest rate is calculated at 7.71%for years 1-5,and 5.67%for the remaining term,as described in the Improvement Area #1 Reimbursement Agreement. 2)The figures shown above are estimates only and subject to change in Annual Service Plan Updates. Changes in Annual Collection Costs,interest earnings,or other available offsets could increase or decrease the amounts shown. Item No. 7.h. City Council Agenda Staff Report Meeting Date: 2/14/2023 Staff Contact: Gregory Peters AGENDA ITEM: Consider/Discuss/Action on a Resolution approving an Impact Fee Reimbursement Agreement between the City of Anna, Texas and Qualico Developments U.S., Incorporated for the Leonard Trails development. (Interim Assistant City Manager Greg Peters, P.E.) SUMMARY: Qualico Developments U.S., Incorporated is seeking to construct a planned development project south of FM 455 and east of the DART rail line. As a part of the project, there is roadway, water, and sanitary sewer infrastructure which is required to be built. This infrastructure is also shown in the City of Anna Master Thoroughfare Plan, Master Water Plan, and Wastewater Master Plan. As such, the proposed improvements are eligible for impact fee reimbursement in accordance with state law. The proposed improvements included in this agreement are listed below: • Roadway Project - construction of Leonard Avenue from fm 455 to the southern edge of the property, tying into the existing endpoint of Leonard Avenue in the Ana Crossing development. • Water Project - construction of a 12-inch water main (impact fees to fund the upsize cost from an 8-inch main to a 12-inch main) in accordance with the City Water Master Plan • Sewer Project - construction of an off-site sewer main to extend sewer availability to the area north of the Anna Crossing development. Staf finds that these projects will benefit the larger Anna community and recommends approval of the resolution. FINANCIAL IMPACT: Funding for the City's contribution to the roadway, water, and sanitary sewer projects will come from roadway, water, and sewer impact fees collected from the subject property. The estimated total impact fee reimbursement for the construction of the roadway, water, and sanitary sewer project is $2,533,453. BACKGROUND: The zoning, site plan, and development agreement for the proposed development project was approved at the January 10, 2023 City Council Meeting by a vote of 4-3. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Resilient. ATTACHMENTS: 1. Resolution and Agreement Final 2. Roadway Project Exhibit 3. Water Project Exhibit 4. Sanitary Sewer Project Exhibit Impact Fee Reimbursement Agreement – Page 1 CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN IMPACT FEE REIMBURSEMENT AGREEMENT WITH QUALICO DEVELOPMENTS U.S., INCORPORATED FOR THE CONSTRUCTION OF PUBLIC ROADWAY, WATER, AND SANITARY SEWER IMPROVEMENTS, IN A FORM APPROVED BY THE CITY ATTORNEY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Qualico Developments, Incorporated is seeking to develop property south of Farm to Market Road 455 and east of the DART rail line; and, WHEREAS, Leonard Avenue is shown in the Master Thoroughfare Plan for the City of Anna, Texas as a major arterial; and, WHEREAS, there is proposed Water and Sanitary Sewer Infrastructure shown in the City of Anna Water Master Plan and Wastewater Master Plan which is on, across, and adjacent to the subject property; and, WHEREAS, the City has identified the construction of Leonard Avenue from FM 455 to Finley Boulevard as a critical infrastructure project for the City; and, WHEREAS, Qualico Developments U.S., Incorporated, agrees to provide the design and construction of the identified roadway, water, and sanitary sewer improvements in accordance with the City of Anna design standards and regulations, subject to Impact Fee reimbursement from the City of Anna; and, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Authorization of Payment and Funding. That the City Council of the City of Anna hereby authorizes the City Manager to execute the Impact Fee Reimbursement Agreement in a form approved by the City Attorney. That funding for the project shall come from Roadway, Water, and Wastewater Impact Fees. Impact Fee Reimbursement Agreement- Page 2 PASSED AND APPROVED by the City Council of the City of Anna, Texas on this ___ day of February 2023. ATTEST: APPROVED: __________________________ __________________________ City Secretary, Carrie Land Mayor, Nate Pike Impact Fee Reimbursement Agreement- Page 3 Exhibit A (see Impact Fee Reimbursement Agreement) Impact Fee Reimbursement Agreement- Page 4 IMPACT FEE REIMBURSEMENT AGREEMENT FOR LEONARD TRAILS DEVELOPMENT This Impact Fee Reimbursement Agreement (this "Agreement") is entered into by and between the City of Anna, Texas (the "City") and Qualico Developments (U.S.), Incorporated, a Delaware Corporation (the “Developer”). WHEREAS, Developer and the City are sometimes collectively referenced in this Agreement as the "Parties," or, each individually, as "Party"; and WHEREAS, it is the Parties' mutual intent that this Agreement shall govern only the subject matter specifically set forth herein and that this Agreement shall supersede any previous agreement between the Parties regarding the subject matter hereof; and WHEREAS, Developer desires to develop certain real property in Collin County, Texas, composed of approximately 97.646 acres of land located entirely within the corporate limits of the City of Anna, more particularly described in the attached Exhibit A (the "Property"); 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 Agreement and said recitals constitute representations by the Parties. SECTION 2 DEFINITIONS City Approval Date has the meaning ascribed to that term in Section 3(a). City Code means the Anna City Code of Ordinances. City Manager means the current or acting City Manager of the City of Anna or a person designated to act on behalf of the City Manager with respect to this Agreement if the designation is in writing and signed by the current or acting City Manager. City Regulations mean City Code provisions, ordinances, design standards, and uniform codes, duly adopted by the City. Collected Impact Fees shall have the meaning ascribed to that term in Section 4(b)(1). Developer’s Design Cost, with respect to the Roadway, Water and Sanitary Sewer Project, means: the dollar amount actually paid by or on behalf of Developer for the engineering, design, and land surveying of the Roadway Project, which shall generally include but not be limited to the items listed in the cost breakdown attached hereto as Exhibit F. City inspection fees shall not be included in Developer’s Design Cost. Impact Fee Reimbursement Agreement- Page 5 Final Reimbursement Amount, with respect to the Roadway Project, Sanitary Sewer Project, and Water Project, means a dollar amount equal to the lesser of: 1. The total roadway, water and sanitary sewer impact fees collected from the Impact Fee Reimbursement Area 2. The Developer’s final design and construction costs for the Roadway Project, Water Project and the Sanitary Sewer Project. 3. The cost estimate for the City’s contribution for each project as shown in Exhibit F, attached as: a. Roadway Impact Fee Reimbursement - $1,942,318 b. Sanitary Sewer Impact Fee Reimbursement - $438,203 c. Water Impact Fee Reimbursement - $152,932 Impact Fee Reimbursement Area means real property as shown in Exhibit B attached. Reimbursement has the meaning ascribed to that term in Section 4(b)(1). Roadway Improvements means right of way preparation, paving excavation, construction of concrete paving, storm drainage, curbs, signage, roadway transitions, turn lanes, pavement markings, sidewalks, irrigation, landscaping, lighting and any other improvements necessary for a complete roadway system for the Roadway Project. Roadway Project means the design of Leonard Avenue Roadway Improvements generally described, without limitation, as the design of a 4-lane divided roadway complete with an underground drainage system and associated public water and sanitary sewer improvements which are located within the road corridor and generally depicted in Exhibit C, attached hereto, and in accordance with construction plan(s) approved by the City. Sanitary Sewer Improvements means easement preparation, paving excavation, construction of sanitary sewer mains, manholes, sewer laterals, installation of new or additional pumps, wet wells, sewer structures, installation of new or additional electronic equipment and SCADA systems, and any other improvements necessary for a complete sanitary sewer system for the Sanitary Sewer Project. Sanitary Sewer Project means the design and construction of an off-site sewer main and lift station upgrades generally described, without limitation, as a 10-inch sanitary sewer main with manholes and associated laterals, and improvements to the existing Anna Crossing Sanitary Sewer Lift Station as required to provide adequate capacity for the development of the subject property, and generally depicted in Exhibit D, attached hereto, and in accordance with construction plan(s) approved by the City. Impact Fee Reimbursement Agreement- Page 6 Water Improvements means easement preparation, paving excavation, construction of water mains, valves, hydrants, and appurtenances, and any other improvements necessary for a complete public Water Project. Water Project means the design and construction of a public water main in the Leonard Avenue Right-of-Way from FM 455 to the south property line of the subject property, generally described, without limitation, as a 12-inch water main with valves, hydrants, and appurtenances, as required to provide adequate capacity for the development of the subject property and in accordance with the City of Anna Water Master Plan, and generally depicted in Exhibit E, attached hereto, and in accordance with construction plan(s) approved by the City. SECTION 3 GENERAL PROVISIONS (a) Documentation of Actual Amount Paid. Once Developer fully completes the Roadway Project, the Water Project and the Sanitary Sewer Project, and before the City has accepted the Roadway Project, Water Project and Sanitary Sewer Project, Developer shall provide the City Manager with documentation reasonably acceptable to the City Manager evidencing Developer’s Design and Construction Costs. The City Manager shall review the documentation provided and shall approve or deny Developer’s Design and Construction Costs within fifteen (15) business days of receipt thereof (which approvals shall not be unreasonably withheld). If the City Manager takes no action within such fifteen (15) day period, the documentation and Developer’s Design and Construction Costs shall be deemed approved. Upon approval (or deemed approval) of Developer’s Design and Construction Costs, the City shall issue a written acceptance letter to Developer, which shall signify final acceptance by the City of the Roadway Project, the Water Project and the Sanitary Sewer Project (referred to as the "City Acceptance Date"). (b) Approval of Plats/Plans. Approval by the City, the City's engineer or other City employee or representative, of any plans, designs or specifications submitted by Developer pursuant to this Agreement or pursuant to City Regulations shall not constitute or be deemed to be a release of the responsibility and liability of Developer, its engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Further, any such approvals shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by Developer's engineer, its officers, agents, servants or employees, it being the intent of the Parties that approval by the City's engineer signifies the City's approval on only the general design concept of the improvements to be constructed and that the design plans and specifications meet the requirements of the City Regulations. (c) Insurance. Developer or its contractor(s) shall acquire and maintain, during the period of time when the Roadway Project is under design: (a) workers compensation insurance in the amount required by law; and (b) commercial general liability insurance including personal injury liability, premises operations liability, and contractual liability, covering, but not limited to, the liability assumed under any indemnification provisions of this Agreement, with limits of liability for bodily injury, death and property damage of not less than $1,000,000.00. Impact Fee Reimbursement Agreement- Page 7 Such insurance shall also cover any and all claims which might arise out of the Roadway Project design contracts, whether by Developer, a contractor, subcontractor, engineer, materialman, or otherwise. Coverage must be on a "per occurrence" basis. All such insurance shall: (i) be issued by a carrier which is rated "A-1" or better by A.M. Best's Key Rating Guide and licensed to do business in the State of Texas; and (ii) name the City as an additional insured and contain a waiver of subrogation endorsement in favor of the City. Upon the execution of design contracts, Developer shall provide to the City certificates of insurance evidencing such insurance coverage together with the declaration of such policies, along with the endorsement naming the City as an additional insured. Each such policy shall provide that, at least 30 days prior to the cancellation, non-renewal or modification of the same, the City shall receive written notice of such cancellation, non-renewal or modification. (d) Indemnification and Hold Harmless. DEVELOPER COVENANTS AND AGREES TO INDEMNIFY AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING, WITHOUT LIMITATION, DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND RELATED EXPENSES, EXPERTWITNESS FEES AND RELATED EXPENSES AND OTHER CONSULTANT FEES AND RELATED EXPENSES) ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE NEGLIGENT OR OTHERWISE WRONGFUL ACTS OR OMISSIONS OF DEVELOPER, ITS AGENTS, SERVANTS, CONTRACTORS, SUBCONTRACTORS, MATERIAL MEN OR EMPLOYEES IN CONNECTION WITH THE DESIGN OF THE ROADWAY PROJECT, INCLUDING BUT NOT LIMITED TO INJURY OR DAMAGE TO CITY PROPERTY. SUCH INDEMNITY SHALL SURVIVE THE TERM OF THIS AGREEMENT. IF THE ROADWAY PROJECT IS CONSTRUCTED BY DEVELOPER AT NO TIME SHALL THE CITY HAVE ANY CONTROL OVER OR CHARGE OF THE DESIGN OF THE ROADWAY PROJECT BY DEVELOPER AND THE SUBJECT OF THIS AGREEMENT, NOR THE MEANS, METHODS, TECHNIQUES, SEQUENCES OR PROCEDURES UTILIZED FOR SAID DESIGN. THIS AGREEMENT DOES NOT CREATE A JOINT ENTERPRISE BETWEEN THE CITY AND DEVELOPER. DEVELOPER FURTHER COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY AGAINST ANY AND ALL CLAIMS OR SUITS, BY ANY PERSON CLAIMING AN INTEREST IN THE PROPERTY WHO HAS NOT SIGNED THIS AGREEMENT AND WHICH CLAIMS: (1) ARISE IN ANY WAY FROM THE CITY'S RELIANCE UPON DEVELOPER'S REPRESENTATIONS IN THIS AGREEMENT; OR (2) RELATE IN ANY MANNER OR ARISE IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH DEVELOPER’S OBLIGATIONS UNDER THIS AGREEMENT. NOTWITHSTANDING THIS PROVISION OR ANY OTHER PROVISION OF THIS AGREEMENT, DEVELOPER SHALL NOT BE OBLIGATED TO INDEMNIFY, DEFEND, OR HOLD THE CITY HARMLESS FOR THE CITY'S OWN NEGLIGENCE, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, THIS INDEMNIFICATION AND Impact Fee Reimbursement Agreement- Page 8 HOLD HARMLESS PROVISION SHALL ONLY APPLY TO DEVELOPER IF DEVELOPER CONSTRUCTS THE ROADWAY PROJECT. SECTION 4 ROADWAY PROJECT, WATER PROJECT AND SANITARY SEWER PROJECT (a) Developer Obligations. As a condition to receipt of the impact fee reimbursement set forth herein, Developer agrees to design and construct the Roadway Improvements, Sanitary Sewer Improvements, and Water Improvements. Developer agrees to commence design within 60 days of execution of this agreement and commence construction within 365 days of the execution of this agreement. (b) City Obligations (1) City shall acquire the necessary off-site easements and rights-of-way required for the Roadway Project, Sanitary Sewer Project, and the Water Project within 90 days of the City approval of the Developer’s engineering design plans (construction plans). If the City is unable to acquire the necessary easements and rights-of-way within such a period of time, the City hereby agrees to utilize the condemnation authority of the City to acquire the necessary easements and rights-of-way for the projects. (2) In accordance with City Regulations and state law, the City shall provide the Developer with payments equal to the Final Reimbursement Amount. The reimbursement payments shall be made by the City to the Developer on a quarterly basis as impact fees are received from building permits within the Impact Fee Reimbursement Area until the Final Reimbursement Amount for the Design and Construction Cost has been paid in full. (3) Notwithstanding Section 4(b)(1) above, the Reimbursement authorized by this Agreement shall expire on December 31 in the tenth year after the City Approval Date. SECTION 5 EFFECTIVE DATE The "Effective Date" of this Agreement is the date that the last of the Parties' signatures to this Agreement is fully and properly affixed to this Agreement and acknowledged by a public notary. The City's duties and obligations hereunder shall not arise unless and until all Parties have duly executed this Agreement. SECTION 6 TERMINATION This Agreement and all obligations of the Parties hereto, shall terminate upon full performance of the terms of this Agreement. SECTION 7 SUCCESSORS AND ASSIGNS (a) All obligations and covenants under this Agreement shall bind Developer and its successors and assigns. Impact Fee Reimbursement Agreement- Page 9 (b) Except for future owners of all or a portion of the Property, this Agreement shall not be assignable by Developer without the prior written consent of the City. SECTION 8 MISCELLANEOUS PROVISIONS (a) Authority to execute contract. The undersigned officers and/or agents of the Parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the Parties hereto, and each Party hereby certifies to the other that any necessary resolutions or other act extending such authority have been duly passed and are now in full force and effect. (b) Notice. All notices, demands or other communications required or provided hereunder shall be in writing and shall be deemed to have been given on the earlier to occur of actual receipt or three (3) days after the same are given by hand delivery or deposited in the United States mail, certified or registered, postage prepaid, return receipt requested, addressed to the Parties at the addresses set forth below or at such other addresses as such Parties may designate by written notice to the other Parties in accordance with this notice provision. If to the City: City of Anna Attn: City Manager P.O. Box 776 111 N. Powell Parkway Anna, TX 75409 If to Developer: Qualico Developments (U.S.), Inc. Attn: John Vick 6950 TPC Drive, Suite 150 McKinney, TX 75070 (c) Complete Agreement. This Agreement embodies the entire Agreement between the Parties and cannot be varied or terminated except as set forth in this Agreement, or by written agreement of all Parties expressly amending the terms of this Agreement. (d) Applicable Law and Venue. This Agreement shall be performable and all compensation payable in Collin County, Texas. Venue and exclusive jurisdiction under this Agreement lies in a court of competent jurisdiction in Collin County, Texas. (e) Severability. If any clause, paragraph, section or portion of this Agreement shall be found to be illegal, unlawful, unconstitutional or void for any reason, the balance of the Agreement shall remain in full force and effect and the unlawful provision shall be replaced with a provision as similar in terms and effect to such unlawful provision as may be valid, legal and enforceable. Impact Fee Reimbursement Agreement- Page 10 (f) Representation. Each signatory representing this Agreement has been read by the party for which this Agreement is executed and that such Party has had an opportunity to confer with its counsel. (g) Consideration. This Agreement is executed by the Parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is hereby acknowledged. (h) Waiver. Waiver by any Party or any breach of this Agreement, or the failure of any Party to enforce any of the provisions of this Agreement, at any time shall not in any way affect, limit or waive such Party's right thereafter to enforce and compel strict compliance of the Agreement. (i) Miscellaneous Drafting Provisions. This Agreement was drafted equally by the Parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any Party shall not apply. Headings in this Agreement are for the convenience of the Parties and are not intended to be used in construing this document. (j) No Other Beneficiaries. This Agreement is for the sole and exclusive benefit of the Parties hereto and is not intended to and shall not confer any rights or benefits on any third party not a signatory hereto. (k) Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. (l) No Waiver of Development Ordinances. No waiver of any provision of this Agreement will be deemed to constitute a waiver of any other provision or any other agreement among the Parties. No waiver of any provision of this Agreement will be deemed to constitute a continuing waiver unless expressly provided for by written amendment to this Agreement; nor will the waiver of any default under this Agreement be deemed a waiver of any subsequent defaults of the same type. Nothing herein shall waive any obligations of Developer under applicable City Regulations. [SIGNATURE PAGES FOLLOW, REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] Impact Fee Reimbursement Agreement – Signature Page Qualico Developments (U.S.), Inc., a Delaware corporation By: Name: John Vick Title: Assistant Secretary IN WITNESS WHEREOF: STATE OF TEXAS § § COUNTY OF _______ § Before me, the undersigned notary public, on the _______ day of __________, 2023, personally appeared John Vick, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his capacity as Assistant Secretary of Qualico Developments (U.S.), a Delaware corporation. Notary Public, State of Texas (SEAL) Impact Fee Reimbursement Agreement – Signature Page CITY OF ANNA By: Ryan Henderson, Interim City Manager IN WITNESS WHEREOF: STATE OF TEXAS § § COUNTY OF COLLIN § Before me, the undersigned notary public, on the ______ day of ___________, 2023, personally appeared Jim Proce, 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 (SEAL) Impact Fee Reimbursement Agreement – Signature Page ATTACHMENTS Exhibit A - The Property (legal description and drawing) Exhibit B – Impact Fee Reimbursement Area Exhibit C – Roadway Project Exhibit D – Sanitary Sewer Project Exhibit E – Water Project Exhibit F – Cost Estimate (including design and construction) Impact Fee Reimbursement Agreement – Exhibit A EXHIBIT A The Property Impact Fee Reimbursement Agreement – Exhibit A PROPERTY DESCRIPTION SITUATED in the State of Texas, County of Collin and City of Anna, being part of the Granderson Stark Survey, Abstract No. 798, being all of a Tract 2: 62.485 acre tract as recorded under County Clerk No. 20211215002524980 and all of a Tract 1: 35.161 acre tract as recorded under County Clerk No. 20220106000036410 of the Collin County Land Records with said premises being more particularly described by metes and bounds as follows: BEGINNING at a 4”x4” concrete monument found marking the southeast corner of said 62.485 are tract, the southwest corner of said 35.161 acre tract, and being in the north line of a called 103.347 acre tract as recorded under County Clerk No. 20150730000952300 of the Collin County Land Records; THENCE with the south line of said 62.485 acre tract, and the north line of said called 103.347 acre tract, North 89°49'55" W, passing at 662.00 feet a 4"x4" concrete monument found on line for reference, continuing with the south line of said 62.485 acre tract and passing at 1,279.75 feet a Carter & Burgess 5/8" capped iron rod found on line, and continuing for a total distance of 2027.59 feet to a point marking the southwest corner of said 62.485 acre tracts, said corner being 50 feet from the centerline of the D.A.R.T. Railway, from which a railroad spike found in a wooden fence corner post bears for reference North 59°23'41" East, 1.66 feet; THENCE with the west line of said 62.485 acre tract, and being 50 feet east of and parallel to the centerline of said D.A.R.T. Railway, North 00°50'40" East, 1,166.45 feet to a Roome capped iron rod found marking the westerly most northwest corner of said 62.485 acre tract, and the southwest corner of a 15.00 acre tract "save and excepted" tract; THENCE with a north line of said 62.485 acre tract, and the south line of said "save and except" 15.00 acre tract, South 89°09'20" East, 1,121.41 feet to a Roome capped iron rod found for corner in the approximate middle of a Lone Gas pipeline, and marking an interior corner of said 62.485 acre tract, and the southeast corner of said "save and except 15.00 acre tract"; THENCE with a common line between said 62.485 acre tract and said "save and except 15 acre tract, and with the approximate middle of said Lone Star Gas pipeline, North 20°11'43" East, 572.12 feet to a Roome capped iron rod found for corner in a north line of said 62.485 acre tract, said iron marking the northeast corner of said "save and except 15.00 acre tract", and being in the south line of a 2.028 acre right-of-way line for F.M. 455 (White Street), as recorded in Volume 685, Page 331 of the Collin County Land Records; THENCE with the south right-of-way line of F.M. 455 (White Street), a north line of said 62.485 acre tract, North 88°34'45" East, 37.25 feet to a Roome capped iron rod found marking the southeast corner of said 2.028 acre right-of-way tract, and an ell corner of said 62.485 acre tract, and the southwest corner of Collin County called 1.051 acre road easement as recorded in Volume 685, Page 324 of the Collin County Land Records; THENCE with a west line of said 62.485 acre tract, the west line of said called 1.051 acre right-of-way tract, and the east line of said 2.028 acre right-of-way tract, North 00°15'32" East, 74.83 feet to a Roome capped iron rod found marking the northwest corner of said 1.051 acre right-of-way tract, and the northerly most northwest corner of said 62.485 acre tract; Impact Fee Reimbursement Agreement – Exhibit A THENCE with the northerly most north line of 62.485 acre tract, and the north line of said 1.051 acre right-of-way tract, South 89°50'28" East, 363.61 feet to a Roome capped iron rod found marking the northerly most northeast corner of said 62.485 acre tract, and the northwest corner of a 0.67 acre tract as recorded under County Clerk No. 20170811001075300 of the Collin County Land Records; THENCE with the east line of 62.485 acre tract, and the west line of said 0.67 acre tract, South 00°08'33" West, 310.76 feet to a Roome capped iron rod found marking the southwest corner of said 0.67 acre tract, and an interior ell corner of said 62.485 acre tract; THENCE with a north line of said 62.485 acre tract, the south line of said 0.67 acre tract, the south line of a 0.792 acre tract and 0.59 acre tract as recorded in Volume 1487, Page 677 and Volume 6049, Page 4566 of the Collin County Land Records, North 89°10'32" East, 292.29 feet to a Roome capped iron rod found marking the southeast corner of said 0.59 acre tract, the easterly most northeast corner of said 62.485 acre tract, and being in the west line of a 1.00 acre tract as recorded in Volume 4790, Page 2324 of the Collin County Land Records; THENCE with the east line of said 62.485 acre tract, and the west line of said 1.00 acre tract, South 00°27'08" East, 79.74 feet to a Carter & Burgess capped iron rod found marking the southwest corner of said 1.00 acre tract, and the northwest corner of the aforementioned 35.161 acre tract; THENCE North 88°24'06" East, with the north line of said 35.161 acre tract, passing at 128.73 feet the southeast corner of said 1.00 acre tract, the southwest corner of a 0.780 acre tract as recorded in Volume 1671, Page 563 of the Collin County Land Records, continuing for a total distance of 228.60 feet to a ½” iron rod found marking the southeast corner of said 0.780 acre tract, and marking an ell corner of said 35.161 acre tract; THENCE North 00°36'41" East, 145.29 feet with the east line of said 0.780 acre tract, and a west line of said 35.161 to a ½” iron rod found marking the southwest corner of a called 0.491 acre tract as recorded under County Clerk No. 20200722001149630 of the Collin County Land Records, and marking an ell corner of said 35.161 acre tract; THENCE North 88°33'26" East, 109.96 feet with the south line of said 0.491 acre tract, and a north line of said 35.161 acre tract to a ½” iron rod found marking its southwest corner, an ell corner of said 35.161 acre tract, and being in the west line of a called 1.50 acre tract as recorded under County Clerk No. 1997013000007700 of the Collin County Land Records; THENCE South 00°18'51" West, 145.18 feet with the west line of said 1.50 acre tract, and a west line of said 35.161 acre tract to a point for corner in a 5" Hackberry Tree marking its southwest corner of said 1.50 acre tract, and an ell corner of said 35.161 acre tract; THENCE North 88°16'13" East, 198.34 feet with the south line of said 1.50 acre tract and a north line of said 35.161 acre tract to a ½” iron rod found marking the southeast corner of said 1.50 acre tract, and an ell corner of said 35.161 acre tract; THENCE North 00°24'04" East, 328.55 feet with the east line of said 1.50 acre tract, and a west line of said 35.161 to a ½” iron rod found in the south right-of-way line of F.M. 455 (E. White Street-a variable width right-of-way), said iron marking the northeast corner of said 1.50 acre tract, and the most Impact Fee Reimbursement Agreement – Exhibit A northerly northwest corner of said 35.161 acre tract; THENCE with the south right-of-way line of F. M. 455 (E. White Street) and the most northerly north line of said 35.161 acre tract, North 88°37'54" East, 368.12 feet (Basis of Bearings) to a Roome capped iron rod found marking the northeast corner of said 35.161 acre tract, and the northwest corner of a 70.322 acre tract; THENCE departing said roadway, and with a common line between said 35.161 acre tract and 70.322 acre tract, South 00°03'55" West, 1,737.50 feet to Roome capped iron rod found marking the southeast corner of said 35.161 acre tract, the southwest corner of said 70.322 acre tract, and being in the north line of the aforementioned 103.347 acre tract; THENCE with the general course of a barbed wire fence along the south line of said 35.161 acre tract, and the north line of said 103.347 acre tract as follows: North 89°21'55" West, 165.30 feet to a point for corner; North 89°51'25" West, 341.36 feet to a point for corner; and South 89°55'05" West, 475.71 feet to the place of beginning and containing 97.646 gross acres of land Impact Fee Reimbursement Agreement – Exhibit B EXHIBIT B Impact Fee Reimbursement Area Impact Fee Reimbursement Agreement – Exhibit C EXHIBIT C The Road Project Impact Fee Reimbursement Agreement – Exhibit D EXHIBIT D The Sanitary Sewer Project Impact Fee Reimbursement Agreement – Exhibit E EXHIBIT E The Water Project Impact Fee Reimbursement Agreement – Exhibit F EXHIBIT F Breakdown of Costs1 1 Note, costs are an estimate only and the final construction costs are subject to change. The estimated costs herein shall in no manner limit the eligible reimbursement. Impact Fee Reimbursement Agreement – Exhibit F Impact Fee Reimbursement Agreement – Exhibit F Impact Fee Reimbursement Agreement – Exhibit F Impact Fee Reimbursement Agreement – Exhibit F Item No. 7.i. City Council Agenda Staff Report Meeting Date: 2/14/2023 Staff Contact: Ryan Henderson AGENDA ITEM: Consider/Discuss/Action on a Resolution Approving Interim City Manager Employment Agreement (Interim City Manager Ryan Henderson) SUMMARY: An employment agreement between the Interim City Manager and the City Council. FINANCIAL IMPACT: There is a yearly financial impact of $8,673 which is a five percent increase over Henderson's current salary. The adjustment of salary follows the administrative practice of recognizing additional duties during an interim stint by increasing the employee's current salary by five percent. BACKGROUND: On January 14, the City Council appointed Assistant City Manager Ryan Henderson as the Interim City Manager. The agreement before the City Council is retroactive to that date of action and stipulates the term and duties of the interim appointment. STRATEGIC CONNECTIONS: This item has no strategic connection. ATTACHMENTS: 1. Interim City Manager (Ryan Henderson) Employment Agreement 2. Resolution Approving Interim City Manager Employment Agreement Interim City Manager Agreement Page 1 of 10 CITY OF ANNA, TEXAS INTERIM CITY MANAGER AGREEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN § THIS INTERIM CITY MANAGER AGREEMENT (“Agreement”) is made and entered into effective the ___ day of _______________ 2023, by and between the City of Anna, Texas, a Texas municipal corporation (the “City”) and Ryan Henderson (“Henderson,” “Manager,” “City Manager,” or “Interim City Manager”). W I T N E S S E T H: WHEREAS, regardless of the use of the terms “Manager,” “City Manager,” or “Interim City Manager” in this Agreement it is understood by Henderson and the City of Anna City Council (the “Council” or “City Council”) that Henderson is employed by the City solely as “Interim City Manager” unless or until this Agreement is expressly amended to provide otherwise; WHEREAS, the Council and the Manager believe that an employment agreement negotiated between the Council, on behalf of the City, and the Manager can be mutually beneficial to the City, the Manager, and the community they serve; WHEREAS, when appropriately structured, the Council and the Manager believe an employment agreement strengthens the Council-Manager relationship by enhancing the excellence and continuity of the management of the City to the benefit of its citizens; WHEREAS, the Council, on behalf of the City, desires to employ the services of the Manager, as and in the position of Interim City Manager of the City of Anna, Texas (the “City Manager”) pursuant to the terms, conditions and provisions of this Agreement; WHEREAS, the Manager has agreed to accept employment as the City Manager, subject to the terms, conditions and provisions of this Agreement; NOW, THEREFORE, the City and the Manager, for and in consideration of the terms, conditions and provisions hereinafter established have agreed, and do hereby agree as follows: Article I. Term 1.1 Term. The term of this Agreement shall be for one year (the “Initial Term”) deemed to have begun on the 14th day of January 2023, provided, however, that the term of this Agreement shall be subject to earlier termination under any circumstance described by Article VI of this Agreement. Upon expiration of the Initial Term, this Agreement shall automatically be extended for an additional year, unless the Council Interim City Manager Agreement Page 2 of 10 notifies the Manager in writing at least four (4) months prior to the anniversary of the effective date of this Agreement that it has voted to not extend this Agreement. The Council may elect in its sole discretion to not extend this Agreement for an additional year as set forth in this Paragraph for any reason, with or without cause. Article II. Employment 2.1 Chief Administrative Officer. The Manager is the chief administrative officer of the City and shall faithfully perform the duties of the City Manager as prescribed in the job description, as set forth in the City of Anna, Texas Home-Rule Charter (the “Charter”) and City ordinances, and as may be lawfully assigned by the Council (collectively the “City Manager’s Duties”). All duties assigned to the Manager by the Council shall be appropriate to and consistent with the professional role and responsibility of the City Manager position. 2.2 Duties. The Council does hereby employ the Manager as Interim City Manager to perform the City Manager’s Duties in accordance with the Charter, code of ordinances, and applicable law, and as reasonably required by the Council, and each of the following duties consistent with and to the full extent not prohibited by or in material conflict with any existing provisions of the Charter or applicable law: a. appoint, suspend and remove all City employees and appointive administrative officers provided for in the Charter, except as otherwise provided by the Charter or personnel rules adopted by the City Council in accordance with the Charter; b. direct and supervise the administration of all departments, offices and agencies of the City, except as otherwise provided by law or the Charter; c. see that all state laws and City ordinances are effectively enforced; d. attend all City Council meetings—or if absent designate another City employee to attend—with the right to take part in discussion, but the City Manager may not vote; e. prepare and accept, or designate an appropriate department head or City employee to prepare and accept, items for inclusion in the official agenda of all City Council meetings and meetings of all boards and commissions; f. prepare and recommend to the City Council the annual budget and capital program, and administer the budget as adopted by the City Council; Interim City Manager Agreement Page 3 of 10 g. keep the City Council fully advised at least quarterly as to the financial conditions and future needs of the City, and make such recommendations concerning the affairs of the City, as the City Manager or the City Council deems desirable or necessary; h. make reports as the City Council may require concerning the operations of the City departments, offices, or agencies subject to the City Manager’s direction or supervision; and i. perform such other duties as are specified in the Charter or may be required by the City Council, and as are consistent with the Charter or state and federal law. The Manager shall perform the City Manager’s Duties with reasonable care, diligence, skill and expertise. 2.3 Reassignment. The Manager cannot be reassigned from the position of City Manager to another position without the Manager's prior express written consent. The Manager may, upon thirty (30) days written notice to the City Council (the “Reassignment Period”), return to the position of Assistant City Manager at the same salary and benefits he received prior to the Effective Date of this Agreement. Upon returning to the position of Assistant City Manager this Agreement shall terminate and Henderson’s position of Assistant City Manager shall be governed under the Personnel Manual. Notwithstanding the foregoing or any other provision of this Agreement, at any time during the Reassignment Period, the Council may: (1) make the Manager’s return to the position of Assistant City Manager effective sooner than the expiration of the Reassignment Period; or (2) remove the Manager from employment with the City in accordance with Article VI. 2.4 Council Meetings. Except to the extent prohibited by or in material conflict with applicable law, the Manager or the Manager’s designee shall attend, and shall be permitted to attend, all meetings of the Council, both public and closed, with the exception of those closed meetings devoted to: (1) the consideration of any action or lack of action on this Agreement, or any amendment thereto; (2) evaluations of the Manager, City Secretary, Municipal Court Judge and the City Attorney; (3) addressing conflicts between individual Council members; and (4) instances where the attendance of the Manager would create a conflict of interest or impediment to the Council receiving candid legal or other professional advice. 2.5 Criticisms, Complaints, and Suggestions. The Council, individually and collectively, shall refer in a timely manner all substantive criticisms, complaints, and suggestions called to the Council’s attention to the Manager for study and/or appropriate action, and the Manager shall refer the matter(s) to the appropriate City Interim City Manager Agreement Page 4 of 10 employee or shall investigate such matter(s) and inform the Council of the results of such efforts. 2.6 Indemnification. THE CITY SHALL DEFEND, HOLD HARMLESS, AND INDEMNIFY THE MANAGER TO THE FULL EXTENT IT MAY BE PERMITTED TO DO BY CHAPTER 102 OF THE TEXAS CIVIL PRACTICE & REMEDIES CODE. The provisions of this Paragraph 2.6 shall survive the termination, expiration or other end of this Agreement and/or the Manager’s employment with the City. 2.7 Appropriation. The Council has appropriated, set aside and encumbered, and does hereby appropriate, set aside, and encumber, available and otherwise unappropriated funds of the City in an amount sufficient to fund and pay all financial obligations of the City pursuant to this Agreement. 2.8 Hours of Work. The Manager acknowledges the proper performance of the City Manager’s Duties require the Manager to generally observe normal business hours and will also often require the performance of necessary services outside of normal business hours. The Manager agrees to devote such additional time as is necessary for the full and proper performance of the City Manager’s Duties and that the compensation herein provided includes compensation for the performance of all such services. However, the City intends that reasonable time off be permitted the Manager, such as is customary for exempt employees so long as the time off does not interfere with the normal conduct of the office of the City Manager. The Manager will devote full time and effort to the performance of the City Manager’s Duties, and shall remain in the exclusive employ of the City during the term of this Agreement. Article III. Compensation, Benefits, and Expenses 3.1 Salary. For the Initial Term, the City shall provide the Manager with an annual salary in the sum of $182, 145. The Manager’s salary shall be paid to the Manager in equal installments on the schedule of other City employees and shall be paid net of any applicable withholding or deductions required by applicable law. 3.2 Salary Adjustment. At any time during the term of this Agreement, the Council may, in its discretion, review and adjust the salary of the Manager. Such adjustments shall be made pursuant to lawful Council resolutions. In such event, the parties agree to provide their best efforts and reasonable cooperation to execute an amendment to this Agreement incorporating the adjusted salary. Beginning in 2023, the Manager’s then current salary shall be considered for adjustment each year, at or near the time other employees appointed by the City Council receive their increased compensation adjustments, or at such other specific time as may be agreed upon. It is generally the intent of the City and the Manager that the Council shall conclude its consideration of the Manager’s salary adjustment before the end of September of each year; provided, however, that failure of the Council to conclude its consideration of the Interim City Manager Agreement Page 5 of 10 salary adjustment within this time period shall not be considered a breach of this Agreement. The Council shall base said adjustment on the performance of the Manager and may use factors such as comparable municipal compensation for the city manager position. 3.3 Paid Leaves – Vacation, Sick and Holiday. The Manager shall begin employment with 120 hours of vacation leave and vacation leave shall thereafter be governed by the City of Anna Personnel Manual (the “Personnel Manual”), except that beginning on the Manager’s first day of employment and continuing for each year thereafter, the Manager shall accrue 8 hours of vacation leave per month, and shall accrue a maximum of the greater of 240 hours of annual vacation leave or the maximum provided for in the Personnel Manual for City employees. The vacation leave taken by the Manager will be taken at such time or times as will not materially interfere with the performance of the City Manager’s Duties. The Manager shall begin employment with 80 hours of sick leave and shall otherwise be governed by the same sick leave benefits as authorized for other employees of the City under the Personnel Manual. The Manager shall observe the same legal holidays as provided under the Personnel Manual. 3.4 Benefits – General. Unless expressly provided otherwise in this Agreement, in addition to those benefits specifically set forth herein, the Manager shall be entitled to the same benefits that are enjoyed by other administrative employees of the City pursuant to all applicable law. 3.5 Insurance – Health. During the term of this Agreement, the City agrees to pay the complete premiums for health, hospitalization, vision, dental and comprehensive medical insurance for the Manager and the Manager’s dependents pursuant to the group health care plan provided by the City for its administrative employees. 3.6 Retirement Benefit. The City agrees to enroll the Manager into the TMRS retirement system and the City’s 457 Plan and to make at least the same level of contributions for the Manager or on the Manager’s behalf as the City does for its other administrative employees consistent with all applicable law. 3.7 Expenses. The City shall pay or reimburse the Manager for reasonable expenses incurred by the Manager in the continuing performance of the City Manager’s Duties. Actual or incidental costs may include, but are not limited to, gasoline, hotels, and accommodations, meals, rental car, and other expenses incurred in the performance of the business of the City. The Manager shall comply with all procedures and documentation requirements to recover expenses in accordance with the Personnel Manual and applicable law. 3.8 Bonds. The City shall bear the full cost of any fidelity or other bonds required of the Manager under any law or ordinance. Interim City Manager Agreement Page 6 of 10 3.9 Civic Activities. The Manager is encouraged to participate in community and civic organizations and activities. The cost of such activities shall be borne by the City. 3.10 Vehicle Allowance. The Manager shall be paid $400 per month as a vehicle allowance. 3.11 Moving Expenses. Upon the Manager relocating his residence to the City of Anna, the City shall reimburse Manager up to a maximum of $2,500, upon receipts for expenses as otherwise required under the Personnel Manual. 3.12 Mobile Phone. The City shall provide and pay for the Manager’s mobile phone for professional and reasonable personal use; provided, however, that at the Manager’s option the City shall provide an allowance to the Manager for a mobile phone that the Manager may use for professional and reasonable personal use. 3.13 Discretionary Reimbursable Expenses. In addition to reimbursement for normal and customary expenses described in paragraph 3.7 and Article IV of this Agreement, the City shall reimburse the Manager up to $2,500 for other expenses incurred by the Manager in the Manager’s discretion in the continuing performance of the City Manager’s Duties. Article IV. Professional Growth 4.1 Professional Dues and Subscriptions. The City agrees to budget for and to pay for reasonable professional dues and subscriptions of the Manager necessary for continuation and full participation in national, state, regional, and local associations and organizations as necessary and/or desirable for the good of the City through the Manager’s continued professional participation growth and advancement, including ICMA, TCMA, local service clubs or other similar local organizations. 4.2 Professional Development Travel. The City agrees to budget for and to pay for reasonable travel and subsistence expenses of the Manager for professional and official travel and meetings to adequately continue the professional development of the Manager and to pursue necessary official functions for the City, including but not limited to the ICMA annual and regional conferences, the Texas Municipal League, the Texas City Management Association, and such other national, regional, state and local government groups and committees in which the Manager is a member. 4.3 Professional Continuing Education. The City also agrees to budget for and to pay for reasonable travel and subsistence expenses of Manager for short courses, institutes, and seminars that are necessary and/or desirable for the good of the City through the Manager’s professional development. Interim City Manager Agreement Page 7 of 10 Article V. Performance Evaluation 5.1 Evaluation Process. The Council shall review the Manager’s job performance at least once annually. Said job performance evaluation shall be undertaken at the time when other employees appointed by the Council receive their increased compensation adjustments, or at such other specific time as may be agreed upon. Said Evaluation Process shall include Council review of a comprehensive overview, prepared by the Manager, of the prior year or time period achievements, work efforts, and project progress of the City organization. The Council may supplement the overview prepared by the Manager. It is the intent of the evaluation process that the Manager and Council establish an effective communication linkage so that each knows the goals and objectives to be pursued and the perception of the other party as to the implementation success achieved. The annual performance reviews and evaluations shall be in writing and in accordance with criteria and format developed jointly by the Council and the Manager. The Council shall provide the Manager a reasonable and adequate opportunity to discuss with the Council and/or respond to the Manager’s evaluation. It is the intent of the evaluation process that the Manager and Council establish an effective communication linkage so that each knows the goals and objectives to be pursued and the perception of the other party as to the implementation success achieved. 5.2 Confidentiality. Unless the Manager expressly requests otherwise in writing, except to the extent prohibited by or in material conflict with applicable law, the evaluation of the Manager shall at all times be conducted in closed session of the Council and shall be considered confidential to the maximum and full extent permitted by law. Nothing herein shall prohibit the Council or the Manager from sharing the content of the Manager’s evaluation with their respective legal counsel. 5.3 Modification of Evaluation Process. In the event the Council determines that the evaluation instrument, format and/or procedure are to be modified by the Council, and such modifications would require new or different performance expectations, then the Manager shall be provided at least six (6) months to demonstrate such expected performance before being evaluated. Article VI. Termination 6.1 Termination Events. This Agreement shall terminate upon any of the following: a. Separation by voluntary resignation of the Manager; b. Separation by mutual agreement of the Council and Manager in writing and signed by them; Interim City Manager Agreement Page 8 of 10 c. Separation by retirement or death of the Manager; d. Termination of the Manager’s employment by majority vote of the full membership of the Council, in accordance with the City’s Charter, Sec. 4.01(c). e. A reassignment under Paragraph 2.3. 6.2 Compensation Upon Termination. Upon a Termination Event, the Manager shall be entitled to receive compensation of salary earned up until the time of the termination plus the value of any accrued but unused vacation and sick/personal leave days. These amounts shall be computed on an hourly basis using 2,080 as the annual number of hours. Notwithstanding the foregoing, this Paragraph 6.2 shall not apply if the Manager is entitled to Severance under Paragraph 6.3. 6.3 Severance. This Paragraph 6.3 shall only apply to a Termination Event under Paragraph 6.1.b to the extent expressly set forth in a written agreement under said paragraph or Paragraph 6.1d.; provided, however, that this Paragraph 6.3 shall not apply and the Manager shall not be entitled to the Severance Amount or Severance Benefits for any Termination Event under Paragraph 6.1.b or 6.1.d. that is made on the basis of Good Cause. For the purposes of this Paragraph, “Good Cause” means that: (1) the Manager has been convicted of a felony, a crime of moral turpitude, or any other crime or Charter violation that would lawfully require the Manager’s removal from or forfeiture of the position of City Manager; or (2) the Manager fails to reside within the City to the extent required under the Charter. For the Purposes of this Paragraph, “Severance Amount” means an amount equal to the value of six (6) months of the Manager's then current salary and the value of any accrued but unused vacation and sick/personal leave days, computed on an hourly basis using 2,080 as the annual number of hours; provided, however, that the Severance Amount shall increase by the value of one month of the Manager’s then current salary for each year of service as Manager under this Agreement up to a maximum of six (6) months of the Manager's then current salary and the value of any accrued but unused vacation and sick/personal leave days, computed on an hourly basis using 2,080 as the annual number of hours. For the Purposes of this Paragraph "Severance Benefits" means, at the City's expense, provision of continued health insurance benefit pursuant to Paragraph 3.5 of the Agreement, for a time period that is the earlier of: (1) six (6) months; or (2) until the Manager obtains other fulltime employment and coverage through a group health insurance plan from the Manager's new employer. If this Paragraph 6.3 applies to a Termination Event, the Manager shall be entitled to receive the Severance Amount and the Severance Benefits. The Manager may elect by written notice to the City to receive the Severance Amount in a single lump sum payment or paid in equal Interim City Manager Agreement Page 9 of 10 installments over a six-month period from the time of the Manager’s separation from employment with the City. If the Manager fails to make such an election, the Manager shall be paid the Severance Amount in a single lump sum payment. Article VII. Residency Requirement 7.1 Residency Requirement. The Manager and the City Council recognize that the Manager is only serving in the role of Manager on an interim basis and therefore the Manager need not be a resident of the City during the term of this Agreement. Article VIII. General Provisions 8.1 Complete Agreement. This Agreement sets forth and establishes the entire understanding between the City and the Manager relating to the employment of the Manager by the City. Any prior discussions or representations by or between the parties are merged into and rendered null and void by this Agreement. The parties by mutual written signed agreement may amend any provision of this Agreement during the term of this Agreement; such amendments shall be incorporated and made a part of this Agreement. 8.2 Binding Effect. This Agreement shall be binding on the City and the Manager as well as their heirs, assigns, executors, personal representatives and successors in interest. 8.3 Savings Clause. If any term or provision of this Agreement, as applied to any party or to any circumstance, is declared by a court of competent jurisdiction hereof to be illegal, unenforceable or void in any situation and in any jurisdiction, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or the validity or enforceability of the offending provision in any other situation or in any other jurisdiction. The parties agree that the court making such determination shall have the power to reduce the scope, duration, area or applicability of the term or provision, to delete specific words or phrases or to replace any illegal, unenforceable or void term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision. 8.4 Conflicts. In the event of any conflict between the terms, conditions and provisions of this Agreement and applicable law, then, unless otherwise prohibited by law, the terms of this Agreement shall take precedence over the contrary provisions of applicable law during the term of this Agreement. Interim City Manager Agreement Page 10 of 10 8.5 Controlling Law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Texas and shall be performable in Collin County, Texas unless otherwise provided by law. City of Anna, Texas By: _____________________________________ Nate Pike, Mayor Executed on this the ___ day of _________________ 2023. Interim City Manager By: _____________________________________ Ryan Henderson Executed on this the ___ day of _________________ 2023. RES. PAGE 1 OF 1 CITY OF ANNA, TEXAS RESOLUTION NO. ___________ A RESOLUTION OF THE CITY OF ANNA, TEXAS, APPROVING AN INTERIM CITY MANAGER EMPLOYMENT AGREEMENT. WHEREAS, the City Council may appoint a person to serve as the City Manager upon the affirmative vote of a majority of the full membership of the City Council; WHEREAS, the City Council approved a motion at the January 14, 2023, Special City Council Meeting appointing Ryan Henderson as the Interim City Manager; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated. The facts and recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Appointment of Interim City Manager Ryan Henderson was appointed to serve as the Interim City Manager for the City of Anna, Texas, effective January 14, 2023. Section 3. Approval of Employment Agreement The City Council hereby approves the employment agreement with said appointed Interim City Manager and authorizes the Mayor to execute same. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 14th day of February, 2023. ATTESTED: _____________________________ Carrie L. Land, City Secretary APPROVED: ________________________________ Nate Pike, Mayor