HomeMy WebLinkAboutCCpkt2023-03-28AGENDA
City Council Meeting
Tuesday, March 28, 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 03/28/2023 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.Recognition of Micah Noah Martinez. (Mayor Nate Pike)
b.Preview 2022 State of the City Video. (Interim City Manager Ryan Henderson)
5.Consent Items.
These items consist of non-controversial or "housekeeping" items required by law. Items may
be considered individually by any Council Member making such request prior to a motion and
vote on the Consent Items.
a.Approve City Council Meeting Minutes for March 14, 2023. (City Secretary Carrie Land)
b.Review Minutes from the February 27, 2023 Parks Advisory Board Meeting. (Assistant
Director of Neighborhood Services Jeff Freeth)
c.Approve a Resolution awarding the Primary Bank Depository Services to Independent
Financial. (Finance Director Alan Guard)
d.Approve Monthly Financial Report for the Month Ending February 28, 2023. (Budget
Manager Terri Doby)
e.Approve an Ordinance amending the FY2023 Budget to appropriate funding for
stormwater program services, and additional promotional expense funding for economic
development. (Budget Manager Terri Doby)
6.Items For Individual Consideration.
a.Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance for a Specific Use
Permit for a Kennel (no outside pens) on a portion of one lot on 4.7± acres located on the
east side of Victoria Falls Drive, 205± feet north of W. White Street. (Planner II Salena
Tittle)
b.Consider/Discuss/Action on a Resolution approving the emergency purchase of
materials, labor, and services for the construction of a sanitary sewer main near Slayter
Creek in the City of Anna, Texas. (Interim Assistant City Manager Greg Peters, P.E.)
c.Consider/Discuss/Action on a Resolution awarding the Phase 1 Downtown Utility
Rehabilitation Project to Canary Construction. (CIP Manager Justin Clay)
d.Consider/Discuss/Action on a Resolution authorizing the City Manager to execute
Professional Services Project Order number PARKS8 for the design of trail system
improvements adjacent to the Pecan Grove Subdivision. (Parks Planning & Development
Manager Dalan Walker)
7.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). Utility 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). Boards and
Commissions
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.
8.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.
9.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 03/24/2023.
Carrie L. Land, City Secretary
Item No. 4.a.
City Council Agenda
Staff Report
Meeting Date: 3/28/2023
Staff Contact: Carrie Land
AGENDA ITEM:
Recognition of Micah Noah Martinez. (Mayor Nate Pike)
SUMMARY:
Micah Noah Martínez is a resident of Anna who placed third in the 14/15-year-old Punt,
Pass & Kick national championship that was held in Tampa, Florida on January 28,
2023.
FINANCIAL IMPACT:
This item has no financial impact.
BACKGROUND:
Micah Noah Martínez, a resident of the City of Anna, won two silver medals for punting
and passing and three bronze medals for passing, the 40-yard dash and broad jump
events at the 2023 Punt, Pass & Kick National Championship that was held in Tampa,
Florida on January 28, 2023. He placed third overall in the nation for 14/15-year-old
boys. First and second place were won by two 15-year-olds. He was the only 14-year-
old boy to win a medal. He was one of three Texans present at the competition.
STRATEGIC CONNECTIONS:
This item has no strategic connection.
ATTACHMENTS:
1. Martinez Recognition
2. Micah Martinez
Certificate of Recognition
This certificate is proudly presented to
Micah Noah Martinez
In Recognition of
Placing Third in the 14/15-year-old Punt, Pass & Kick
National Championship in Florida
Presented this 28th day of May in the year 2023.
________________________________
Mayor Nate Pike
Item No. 4.b.
City Council Agenda
Staff Report
Meeting Date: 3/28/2023
Staff Contact: Frances La Rue
AGENDA ITEM:
Preview 2022 State of the City Video. (Interim City Manager Ryan Henderson)
SUMMARY:
Every year since 2019, the Mayor has given the State of the City. This year's State of
the City was filmed to capitalize on the organization's presence on the variety of social
media platforms used to engage our neighbors.
FINANCIAL IMPACT:
This item has no financial impact.
BACKGROUND:
The film was written and directed by staff. It will premier on our social media platforms
on Friday, March 31.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Neighborly.
ATTACHMENTS:
Item No. 5.a.
City Council Agenda
Staff Report
Meeting Date: 3/28/2023
Staff Contact: Carrie Land
AGENDA ITEM:
Approve City Council Meeting Minutes for March 14, 2023. (City Secretary Carrie Land)
SUMMARY:
Approve City Council Meeting Minutes for March 14, 2023.
FINANCIAL IMPACT:
This item has no financial impact.
BACKGROUND:
Approve City Council Meeting Minutes for March 14, 2023.
STRATEGIC CONNECTIONS:
This item has no strategic connection.
ATTACHMENTS:
1. CCmin2023-03-14
Regular City Council Meeting
Meeting Minutes
Tuesday, March 14, 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 03/14/2023 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 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- Arrived Late
Council Member Danny Ussery
Council Member Pete Cain
Members Absent:
None
2. Invocation and Pledge of Allegiance.
Mayor Pike led the Invocation and Pledge of Allegiance.
3. Neighbor Comments.
Jennifer Richardson and Blake Branson gave a presentation on behalf of their neighbors
from the Urban Crossing Neighborhood in opposition to the Gas Metering Station and
asked the Council to reconsider their previous decision.
4. Reports.
5. Work Session.
a. Discuss Stormwater Utility Budget. (Interim Assistant City Manager Greg Peters, P.E.)
Now that the Stormwater Utility is generating funds, staff is able to predict the amount
of monthly revenue the utility will generate. Staff presented service options and the
associated budget needs for the Stormwater Utility for the remainder of Fiscal Year 2023.
A new budget will be developed for the 2023-2024 Fiscal Year during the annual budget
process.
6. Consent Items.
MOTION: Council Member Toten moved to approve items 6 a.- e. & g.- q. Council
Member Ussery seconded. Motion carried 7-0.
a. Approve the City Council Meeting Minutes for February 28, 2023. (City Secretary Carrie
Land)
b. Review Minutes for the February 6, 2023 Planning & Zoning Commission Meeting.
(Director of Development Services Ross Altobelli)
c. Review Minutes of the December 19, 2022, Joint Community Development Corporation
and Economic Development Corporation Board Meetings. (Director of Economic
Development Joey Grisham)
d. Review Minutes from the December 19, 2022 and January 23, 2023 Parks Advisory Board
Meetings. (Assistant Director of Neighborhood Services Jeff Freeth)
e. Review Minutes from the September 6, 2022 and December 6, 2022 Diversity and
Inclusion Advisory Commission Meetings (Assistant to the City Manager Kimberly
Winarski)
f. Approve the Quarterly Investment Report for the Period Ending December 31, 2022.
(Finance Director Alan Guard)
In accordance with the Public Funds Investment Act (PFIA), the City of Anna is required to
submit a quarterly report on the investments of all public funds held by the City. The
report includes:
• Review of the City's holdings.
• Comparison of book value vs. market value.
• Allocation information by fund.
• Charts showing historical activity.
The City's portfolio as of the quarter ending December 31, 2022 earned an average yield
of 2.44%. This is an increase over the previous quarter of 0.66%. The City has taken
advantage of increased interest rates with Independent Financial and the state pooled
funds, TexPool and Texas CLASS. The City has invested the $65 million of Certificates of
Obligation for the wastewater treatment plant in a new money market fund provided by
Independent Financial. As a result, accrued interest for the first quarter is $1,049,383,
which is more than four times the previous quarter and more than two times all of FY
2022. Total investments have increased by almost $103 million due to the October bond
sale of $34 million, $65 million of Certificates of Obligation and collection of property
taxes through December.
MOTION: Mayor Pro Tem Miller moved to approve. Council Member Toten seconded.
Motion carried 7-0.
g. Approve a Resolution regarding Nelson Ranch, Block A, Lots 1-6 & Block B, Lot 1,
Amending Plat. (Director of Development Services Ross Altobelli)
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING NELSON RANCH, BLOCK A, LOTS
1-6 & BLOCK B, LOT 1, AMENDING PLAT
h. Approve a Resolution regarding Anna Fire Station No. 2, Block A, Lot 1, Minor Plat.
(Director of Development Services Ross Altobelli)
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING ANNA FIRE STATION NO. 2,
BLOCK A, LOT 1, MINOR PLAT
i. Approve a Resolution regarding Anna Ranch, Phase 1C, Final Plat. (Director of
Development Services Ross Altobelli)
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING ANNA RANCH, PHASE 1C, FINAL
PLAT.
j. Approve a Resolution regarding Rodriguez Estates, Block A, Lots 1 & 2, Final Plat. (Director
of Development Services Ross Altobelli)
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING RODRIGUEZ ESTATES, BLOCK A,
LOTS 1 & 2, FINAL PLAT
k. Approve a Resolution regarding The Grace and Peace Addition, Block A, Lot 1, Final Plat.
(Director of Development Services Ross Altobelli)
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE GRACE AND PEACE
ADDITION, BLOCK A, LOT 1, FINAL PLAT
l. Approve a Resolution regarding Anna Town Center Addition, Block A, Lots 6R & 12, Replat.
(Director of Development Services Ross Altobelli)
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING ANNA TOWN CENTER
ADDITION, BLOCK A, LOTS 6R & 12, REPLAT.
m. Approve a Resolution regarding Willow Creek Addition, Phase 1B, Block G, Lots 1R & 2,
Replat. (Director of Development Services Ross Altobelli)
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING WILLOW CREEK ADDITION,
PHASE 1B, BLOCK G, LOT 1R & 2, REPLAT
n. Approve a Resolution regarding Willow Creek Addition, Phase 1B, Block G, Lots 1R & 2,
Revised Site Plan. (Director of Development Services Ross Altobelli)
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING WILLOW CREEK ADDITION,
PHASE 1B, BLOCK G, LOT 1R & 2, REVISED SITE PLAN.
o. Approve a Resolution regarding Anna Station, Block A, Lot 1, Preliminary Plat. (Director of
Development Services Ross Altobelli)
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING ANNA STATION, BLOCK A, LOT
1, PRELIMINARY PLAT
p. Approve a Resolution regarding Chambers Grove, Revised Preliminary Plat. (Director of
Development Services Ross Altobelli)
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING CHAMBERS GROVE, REVISED
PRELIMINARY PLAT.
q. Approve a Resolution regarding Anacapri Laguna, Phase 1, Block A, Lots 1, 2, 3, 4, & 5,
Final Plat. (Director of Development Services Ross Altobelli)
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING ANACAPRI LAGUNA, PHASE 1,
BLOCK A, LOTS 1, 2, 3, 4, & 5, FINAL PLAT.
7. Items For Individual Consideration.
a. Consider/Discuss/Action on a discussion regarding a Specific Use Permit for a gas
metering station on one lot on 0.6± acre located on the north side of future Rosamond
Parkway, 995± feet west of County Road 368 per Section 9.04.043 (Amendments) of
Article 9.04 (Zoning Ordinance).(Director of Development Services Ross Altobelli)
On November 8, 2022, City Council voted to approve a Specific Use Permit to allow for a
gas metering station on one lot on 0.6± acre located on the north side of future Rosamond
Parkway, 995± feet west of County Road 368. The City of Anna Zoning Ordinance allows
gas metering stations within residential zoning districts with approval of a Specific Use
Permit.
At the Tuesday, February 28, 2023 City Council meeting, the council requested a
discussion item be placed on an upcoming council meeting to discuss a Specific Use Permit
that was granted for a gas metering station in November 2022.
MOTION: Council Member Carver moved to put the Specific Use Permit for a gas
metering station through the process again. Council Member seconded Ussery. Council
Member Toten, and Council Member Cain Opposed. Motion carried 5-2.
b. Conduct a Public Hearing on levying of assessments in Improvement Area #1 of The
Woods at Lindsey Place Public Improvement District and Consider/Discuss/Action on
adoption of an Ordinance of the City Council of the City of Anna, Texas accepting and
approving a Service and Assessment Plan and Assessment Roll for The Woods at Lindsey
Place Public Improvement District; making a finding of special benefit to the property in
the District; levying special Assessments against property within the District and
establishing a lien on such property; providing for the method of assessment and the
payment of the Assessments in accordance with Chapter 372, Texas Local Government
Code, as amended, providing penalties and interest on delinquent Assessments, providing
for severability, and providing an effective date. (Director of Economic Development Joey
Grisham)
Mayor Pike opened the public hearing at 7:13 PM.
No comments were given.
Mayor Pike closed the public hearing at 7:14 PM.
MOTION: Mayor Pro Tem Miller moved to approve. Council Member Carver seconded.
Motion carried 7-0.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS ACCEPTING AND
APPROVING A SERVICE AND ASSESSMENT PLAN AND ASSESSMENT ROLL FOR THE WOODS
AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT; MAKING A FINDING OF SPECIAL
BENEFIT TO THE PROPERTY IN THE DISTRICT; LEVYING SPECIAL ASSESSMENTS AGAINST
PROPERTY WITHIN THE DISTRICT AND ESTABLISHING A LIEN ON SUCH PROPERTY;
PROVIDING FOR THE METHOD OF ASSESSMENT AND THE PAYMENT OF THE
ASSESSMENTS IN ACCORDANCE WITH CHAPTER 372, TEXAS LOCAL GOVERNMENT CODE,
AS AMENDED, PROVIDING PENALTIES AND INTEREST ON DELINQUENT ASSESSMENTS,
PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE.
c. Consider/Discuss/Act on a Resolution approving and authorizing the Mayor to execute
The Woods at Lindsey Place Public Improvement District Improvement Area #1 Funding
and Reimbursement Agreement, and resolving other matters related thereto. (Director
of Economic Development Joey Grisham)
Staff recommended that the City Council approve the Resolution approving a
Reimbursement Agreement with D.R Horton for The Woods at Lindsey Place Public
Improvement District to develop the Improvement Area #1 Assessed Property and be
reimbursed for a specified portion of the public improvement projects using the Bond
Proceeds.
MOTION: Mayor Pike moved to approve. Mayor Pro Tem Miller seconded. Motion
carried 7-0.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A RESOLUTION ADOPTING THE
WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT IMPROVEMENT AREA #1
FUNDING AND REIMBURSEMENT AGREEMENT
d. Consider/Discuss/Action on a Resolution authorizing the City Manager to execute
documents for the purchase of right-of-way for Leonard Avenue on and across a 2.89 acre
tract of land located north of East Foster Crossing Road and approve an ordinance
amending the FY2023 Roadway Impact Fee Funds budget. (Interim Assistant City Manager
Greg Peters, P.E.)
The City of Anna Master Thoroughfare Plan shows Leonard Avenue to be constructed as
a divided arterial roadway from the Anna Crossing neighborhood to the Collin County
Outer Loop. This item is to purchase the right-of-way needed from a parcel of land located
just south of the new Anna ISD Middle School. The City has negotiated a purchase-sale
agreement in the amount of $191,000 for the purchase of the right-of-way. The funds for
the purchase will come from Roadway Impact Fees. Purchasing this right-of-way will allow
the City to move forward in working with the developer of the property to the south of
this parcel on the design and construction of the western half of Leonard Avenue from
Foster Crossing to the middle school property. A separate project is already underway for
the design of Leonard Avenue from Foster Crossing to the Collin County Outer Loop.
MOTION: Council Member Toten moved to approve the Ordinance Amending the Fiscal
Year 2023 budget for the purchase of real property. Mayor Pro Tem Miller seconded.
Motion carried 7-0.
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.
MOTION: Mayor Pike moved to approve. Council Member Cain seconded. Motion
carried 7-0.
A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO
EXECUTE A PURCHASE SALE AGREEMENT AND CLOSING DOCUMENTS, IN A FORM
APPROVED BY THE CITY ATTORNEY, FOR THE PURCHASE OF REAL PROPERTY LOCATED AT
WEST LINE OF LEONARD AVENUE (CR 422), ANNA, TEXAS 75409; AND PROVIDING FOR AN
EFFECTIVE DATE.
e. Consider/Discuss/Action on a Resolution awarding the bid for the Municipal Complex
Parking Expansion and approve an ordinance amending the FY2023 Non-Bond Capital
Improvement Fund (Interim Assistant City Manager Greg Peters, P.E.)
The Adopted FY2023 budget included $400,000 to fund improvements on the Municipal
Complex property which were not included in the building construction project but were
deemed important for the use of the facilities. The primary need at the new facility is
additional parking, which was originally an "add-alternate" item in the building
construction project, but was not included due to the project budget.
Now that the Municipal Complex is in use, it is clear that additional parking is required for
the public, public safety staff, and general staff. This project will add 90 additional parking
spaces on the property. The paved areas will not only improve parking for regular use of
the facilities, but it will also provide the City with a larger area for attractions and booths
when the City hosts special events on the property.
The City publicly bid the project and opened up bids on March 3rd. The project was
advertised in the Anna Melissa Tribune. The City received 5 bids on the project.
The overall lowest qualified bid was received from Piazza Construction for an amount of
$437,742.50. A budget of $460,000 is recommended to provide a small amount of funding
for contingencies, which will only be used to address unforeseen issues during
construction.
Staff reviewed Piazza's references and work history and determined they have the
necessary experience and capability to complete the project. Work is anticipated to begin
early April. If approved by the Council, staff will work with the contractor to prepare a
detailed project schedule.
MOTION: Council Member Carver moved to approve the budget amendment for the
Municipal Complex Parking Expansion Project. Council Member Cain seconded. Motion
carried 7-0.
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.
MOTION: Mayor Pike moved to approve a Resolution regarding the parking lot expansion
on the East side of our Municipal Complex in regards to the recent amendment that was
just approved. Mayor Pro Tem Miller. Motion carried
A RESOLUTION OF THE CITY OF ANNA, TEXAS AWARDING THE MUNICIPAL COMPLEX
PARKING EXPANSION PROJECT TO CALD & A CONSULTING, LLC, IN THE AMOUNT NOT TO
EXCEED FOUR HUNDRED FIFTY-SEVEN THOUSAND SEVEN HUNDRED FOURTY-TWO
DOLLARS AND FIFTY CENTS ($457,742.50); AND PROVIDING FOR AN EFFECTIVE DATE.
f. Consider/Discuss/Action on a Resolution from the City Council of the City of Anna, Texas,
approving a waiver request from the Pecan Grove Homeowner's Association and
authorizing the City Manager to execute an agreement in a form approved by the City
Attorney for the waiver of impact fees related to the construction of a new amenity in the
Pecan Grove neighborhood. (Interim Assistant City Manager Greg Peters, P.E.)
Council Member Toten recused himself at 7:25 PM.
The Pecan Grove Homeowner's Association is seeking to construct a new amenity in the
Pecan Grove neighborhood, which includes a new swimming pool for the neighbors
residing in Pecan Grove. The subdivision is now built-out, and the original developer of
the project is no longer managing the Homeowner's Association, or any development or
improvements within the neighborhood. As such, the Homeowner's Association is
funding the design and construction of the amenity - the project is not being completed
by the developer.
The Pecan Grove Homeowners Association is requesting the City Council to consider
granting a waiver of the water and wastewater impact fees for the project.
In accordance with Article 9.08 Impact Fees, section 9.08.006 Credits and Offsets,
subsection 9.08.006(g)(3), “the City, at its sole discretion, may authorize alternative credit
or offset agreements upon request by the property owner in accordance with guidelines
promulgated by the City Council.”
Currently there are no proposed development agreements or subdivision improvement
agreements by and between the City of Anna and the Pecan Grove HOA. Based on that,
staff is processing this request as a waiver request made by the HOA to the City Council.
Some of the key factors for the request are listed in the bullet points below:
• Nature of the request: request to waive water and sewer impact fees
• Financial component of the request: $22,267.00 ($15,334 - water, $6,933 -
sewer)
• Unique Reason/Hardship faced by the requestor: the HOA amenity was not
constructed by the developer, and the impact fees were not paid by the
developer. This cost is now falling on the homeowners through their
Homeowners Association.
• Timing of construction of the improvements: The HOA plans to open the pool
in May of this year.
Staff reviewed the request and determined that this is a very unique situation which is
uncommon for an amenity center in a neighborhood. Staff's findings include:
• Amenity centers in residential neighborhoods are usually constructed by the
developer as a part of the construction phase of the project.
• The HOA is not requesting the City to waive inspection fees, permit fees, or plan
review fees - which are fees that go directly into the General Fund to fund the
staff positions who perform this work.
• Approval of the waiver of impact fees will not impact the City's operating
budget.
• The dollar amount of the impact fees is not at a level where the waiver would
prevent the City from moving forward with upcoming water and sewer capital
projects.
• The nature of this request is very specific - and it is unlikely for the City to receive
more requests of this specific nature in the future, as the impact fees associated
with amenity centers are typically paid by the developer, and the amenity is
typically constructed prior to the HOA being homeowner controlled.
• Approval of the request would fit with 2 of the City Council's Strategic Plan
Outcomes: active (swimming pool is an active place neighbors can exercise and
be active outside), and neighborly (approval of the request would have a positive
impact on the neighborhood's ability to successfully create a communal space for
neighbors residing in Pecan Grove)
Based on the findings listed above, staff is recommended approval of the waiver request
as shown in resolution. The waiver request is specific to the swimming pool amenity
project. If the project is not constructed, any future consideration of waiving fees for a
different amenity or improvement on the property would require City Council approval.
If the City Council approves the resolution, the City Manager or his/her designee will
coordinate with the City Attorney and the Pecan Grove Homeowners Association to craft
and execute a formal agreement. Said agreement will then be filed with the City
Secretary.
MOTION: Mayor Pro Tem Miller moved to approve. Council Member Carver seconded.
Motion carried 6-0.
A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN AGREEMENT WITH THE PECAN GROVE HOMEOWNERS ASSOCIATION FOR
THE WAIVER OF WATER AND SEWER IMPACT FEES FOR THE PECAN GROVE
HOMEOWNERS ASSOCIATION POOL AMENITY LOCATED AT 1004 CHERRY BLOSSOM
STREET, IN A FORM APPROVED BY THE CITY ATTORNEY.
Council Member Toten returned at 7:35 PM.
8. Future Agenda Consideration
a. Consider/Discuss/Action on Work Session Item for Future Agenda: Golf Cart Ordinance
(Councilman Kevin Toten)
MOTION: Mayor Pike moved to approve adding this to a future agenda to be discussed .
Council Member Toten seconded. Motion carried 7-0.
9. Closed Session (Exceptions).
Under Tex. Gov't Code Chapter 551, the City Council may enter into Closed Session to discuss any
items listed or referenced on this Agenda under the following exceptions:
a. Consult with legal counsel regarding pending or contemplated litigation and/or on
matters in which the duty of the attorney to the governmental body under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with
Chapter 551 of the Government Code (Tex. Gov’t Code §551.071).
b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov’t
Code §551.072).
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). Council liaison
positions.
MOTION: Mayor Pro Tem Miller moved to enter closed session. Council Member Toten
seconded. Motion carried 7-0
Mayor Pike recessed the meeting at 7:35 PM.
Mayor Pike reconvened the meeting at 8:44 PM.
Returned to Item 8.a.
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.
10. 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.
11. Adjourn.
Mayor Pike adjourned the meeting at 8:46 PM.
Approved on the 28th day of March 2023
__________________________________
Attested: Mayor Nate Pike
______________________________
City Secretary Carrie L. Land
Item No. 5.b.
City Council Agenda
Staff Report
Meeting Date: 3/28/2023
Staff Contact: Jeff Freeth
AGENDA ITEM:
Review Minutes from the February 27, 2023 Parks Advisory Board Meeting. (Assistant
Director of Neighborhood Services Jeff Freeth)
SUMMARY:
February 27, 2023 Parks Advisory Board Meeting minutes.
FINANCIAL IMPACT:
This item has no financial impact.
BACKGROUND:
The Parks Advisory Board approved these minutes at the March 20, 2023 Parks
Advisory Board Meeting.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing:
Goal 4 High Performing Professional City Objective: Have open and transparent City
government that is trusted by the neighbors (3). Value to Neighbors: Opportunities to
become involved in the City’s governance process (6).
ATTACHMENTS:
1. 2-27-2023 Park Advisory Board Meeting Minutes (signed)
Item No. 5.c.
City Council Agenda
Staff Report
Meeting Date: 3/28/2023
Staff Contact: Alan Guard
AGENDA ITEM:
Approve a Resolution awarding the Primary Bank Depository Services to Independent
Financial. (Finance Director Alan Guard)
SUMMARY:
Staff recommends that City Council approve the resolution awarding the primary bank
depository services agreement to Independent Financial.
FINANCIAL IMPACT:
The financial impact is provided in the summary.
BACKGROUND:
Chapter 105 (the "Depositories for Municipal Funds" Act) of the Local Government
Code governs the process for selection and award of depository bank services and
contracts. Valley View Consulting, L.L.C. has provided their expertise and assistance to
address this statutory requirement.
The City received three proposals for primary bank depository services, Independent
Financial, Cadence Bank, and First State bank. Finance staff along with Valley View
Consulting have reviewed the proposals submitted by each of the parties. The attached
summary and analysis prepared by Valley View Consulting provides the detail of the
solicitation requirements, procedural steps taken, analysis and recommendation.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Excellent.
ATTACHMENTS:
1. Resolution Depository Services Contract 03.28.2023
2. Depository Agreement
3. Depository RFA Project Recap
CITY OF ANNA, TEXAS
RESOLUTION NO. ___________
A RESOLUTION OF THE CITY OF ANNA, TEXAS AWARDING THE PRIMARY
DEPOSITORY BANK SERVICES CONTRACT TO INDEPENDENT FINANCIAL AND
AUTHORIZING THE CITY MANAGER TO ACT ON THE CITY’S BEHALF IN
EXECUTING THE AGREEMENTS
WHEREAS, The State of Texas Local Government Codes: Chapter 105 Municipal
Depository Act, Chapter 176 Conflict of Interest Act: Chapter 2256 Public Funds
Investment Act, and Chapter 2257 Public Funds Collateral Act established the process
for selecting a depository bank; and,
WHEREAS, resolution 2022-11-1311 of the City of Anna, Texas (the “City”) authorized
applications to be received from financial institutions located outside the City; and
WHEREAS, the City received applications from Independent Financial, Cadence Bank
and First State Bank, and
WHEREAS, the City in concert with Valley View Consulting, has reviewed the
applica tions submitted and recommends that the Primary Depository Bank Services
contract be awarded to Independent Financial ;
NOW THEREFORE, BE IT RESOLVED 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. Approval and Authorization of Contract
The City Council hereby approves the contract award, subject to approval as to form by
the City Attorney, for Primary Depository Bank Services and authorizes the City
Manager’s execution of the same. The City Manager is hereby authorized to execute all
documents and to take all other actions necessary to finalize, act under, and enforce the
contract.
PASSED by the City Council of the City of Anna, Texas, on this the 28th day of March,
2023.
_____________________________________________________________________
CITY OF ANNA, TEXAS RESOLUTION NO. _____________ Page 2 of 2
ATTEST:
________________________________
Carrie L. Land, City Secretary
APPROVED:
________________________________
Nate Pike, Mayor
Primary Depository Services RFA
DEPOSITORY SERVICES CONTRACT
THIS DEPOSITORY SERVICES CONTRACT, hereinafter called the “Contract”, is made and entered
into on the date last herein written by and between the City of Anna, Texas, hereinafter called the “City”,
and _Independent Financial a banking association, organized under the law of the United States and
authorized by law to do banking business in the State of Texas, hereinafter called the "Bank”, and
provides as follows:
1.Designation of Depository. The City, through action of the City Council, on March 28, 2023,
hereby designates the Bank as a primary depository bank for the period beginning June 1, 2023, and
continuing through May 31, 2025, with the option for three (3) one-year extensions under the same terms
and conditions.
2.General. All services rendered to the City by the Bank under this Contract shall be performed
in accordance with commercially reasonable standards for public fund organizations and under the overall
direction and instructions of the City pursuant to the Bank’s standard operations, policies, and procedures.
3.Scope of Services. The Bank agrees to provide those services as described in the City’s
Request for Application for Depository Bank Services released on December 1, 2022, hereinafter referred
to as the “RFA”. The RFA and the Bank’s response to the RFA, hereinafter referred to as the “Application”,
are incorporated herein by reference. The Bank acknowledges that all services performed by the Bank are
subject to the approval of the City. The Bank agrees to provide additional services as requested from time
to time by the City and mutually agreed upon by the Bank.
4.City Representatives. During the term of this Contract, the City will, through appropriate
action of its City Council, designate the officer, or officers, who singly or jointly will be authorized to
represent and act on behalf of City in any and all matters of every kind arising under this Contract and to
(a) appoint and designate, from time to time, a person or persons who may request withdrawals, orders for
payment or transfer on behalf of the City in accordance with the electronic funds or funds transfer agreement
and addenda, and (b) make withdrawals or transfer by written instrument.
5.Custodian. The City and the Bank, by execution of this Contract, hereby designate
______________ as custodian, hereinafter called the “Custodian”, to hold in trust, according to the terms
and conditions of this Contract, the collateral described and pledged by the Bank in accordance with the
provisions of this Contract.
6.Custodial Fees. Any and all fees associated with the Custodian’s holding of collateral for the
benefit of the City shall be paid by the Bank, and the City will have no liability therefore.
7.Entire Agreement. The entire agreement between Bank and City shall consist of this Contract,
the City’s RFA (except to the extent Bank took specific exceptions in the Bank’s Application), the Bank’s
Application, the Custodial Agreement with Custodian, and other such bank service agreements, policies
and documents as may be required and approved by the parties (together, the “Banking Agreements”), each
incorporated by reference as they presently exist and each listed in governing order of precedence in the
event of conflict among the documents. This Contract supersedes any and all prior representations,
statements, and agreements, whether written or oral. The terms and provisions of this Contract may not be
amended, altered, or waived except by mutual agreement evidenced by a written instrument signed by duly
authorized representatives of both parties.
8.Collateralization. All funds on deposit with the Bank to the credit of the City shall be secured
by collateral as provided for in the Public Funds Investment Act (Chapter 2256 of the Texas Government
Code as amended), the Public Funds Collateral Act (Chapter 2257 of the Texas Government Code), the
City’s Investment Policy, and the Bank’s Application.. The City agrees to promptly provide to the Bank
any changes to its Investment Policy. The Depositor agrees that it shall only direct the Bank in writing to
make investments authorized pursuant to the foregoing.
Primary Depository Services RFA
If marketable securities are pledged by the Bank as collateral, the total market value of the securities
securing such deposits shall be in an amount at least equal to the minimum required amount as per the
City’s Investment Policy. The market value of any pledged securities (collateral) must be obtained from
non-Bank-affiliated sources. The Bank shall monitor and maintain the required collateral margins and
levels at all times.
The Bank has heretofore, or will immediately hereafter, deliver to the Custodian collateral of the
kind and character above mentioned of sufficient amount and market value to provide adequate collateral
for the funds of the City deposited with the Bank. The Custodian shall accept said collateral and hold the
same in trust for the purposes herein stated. Said collateral or substitute collateral, as hereinafter provided
for, shall be kept and retained by the Custodian in trust so long as deposits of the City remain with the Bank.
The Bank hereby grants a security interest in such collateral to City.
If at any time the collateral in the hands of Custodian shall have a market value in excess of the
required balances, the City may authorize the withdrawal of a specified amount of collateral, and the
Custodian shall deliver this amount of collateral (and no more) to the Bank.
If the Bank shall desire to sell or otherwise dispose of any one or more of said securities so
deposited with the Custodian, the Bank may substitute for any one or more of such securities other securities
of the same market value and of the character authorized herein. Such right of substitution shall remain in
full force and may be exercised by the Bank as often as it may desire; provided, however, that the aggregate
market value of all collateral pledged hereunder, shall be at least equal to the amount of collateral required
hereunder. If at any time, the aggregate market value of such collateral so deposited with the Custodian be
less than the total sum of the City’s funds on deposit with the Bank, the Bank shall immediately deposit
with the Custodian such additional collateral as may be necessary to cause the market value of such
collateral to equal the total amount of required collateral. The Bank shall be entitled to income on securities
held by the Custodian, and the Custodian may dispose of such income as directed by the Bank without
approval of the City.
If surety bonds or letters of credit are utilized, the City shall agree as to the issuer and form of
contract prior to pledge. The amount of surety bonds or letters of credit will be at least equal to the minimum
required amount as per the City’s Investment Policy.
9.Pledge Receipts. The Custodian shall promptly forward to the City copies of pledge receipts
covering all such collateral held for the City, including substitute collateral as provided for herein.
10.Default. Should the Bank fail at any time to pay and satisfy, when due, any check, draft, or
voucher lawfully drawn against any deposits and the interest on such deposits or in any manner breach the
Banking Agreements with the City, the City shall give written notice of such failure or breach to the Bank,
and the Bank shall have one (1) business day to cure such failure or breach. In the event the Bank shall fail
to cure any such failure or breach within one (1) business day or should the Bank be declared insolvent by
a Federal banking regulatory agency, it shall be the duty of the Custodian, upon demand of the City, to
surrender the above-described collateral to the City, or it shall be the duty of the surety bond or letter of
credit provider to perform under the terms of their respective contract.
The City may sell any part of such collateral, or receive all or any part of a surety bond or letter of
credit settlement, and out of the proceeds thereof, pay the City all damages and losses sustained by it,
together with all reasonable and documented expenses of any and every kind incurred by it on account of
such failure or insolvency, or sale, and account to the Bank for the remainder, if any, of said proceeds or
collateral remaining unsold.
11.Sale of Seized Collateral. Any sale of such seized collateral, or any part thereof, made by the
City hereunder may be either at public or private sale, provided however, it shall give both the Custodian
and the Bank two (2) hours’ prior written notice of the time and place where such sale shall take place, and
Primary Depository Services RFA
such sale shall be to the highest bidder therefore for cash. The City and the Bank shall have the right to bid
at such sale.
12.Release of Collateral. When the relationship of the City and the Bank shall have ceased and
when the Bank shall have properly paid out all deposits of the City, it shall be the duty of the City to give
the Custodian notice to that effect; whereupon the Custodian shall, with the approval of the City, redeliver
to the Bank all collateral then in its possession belonging to Bank. An order in writing to the Custodian
by the City and a receipt for such collateral by the Bank shall be a full and final release of the Custodian of
all duties and obligations undertaken by it by virtue of these presents.
13.Successors. This Contract shall be binding upon and inure to the benefit of the parties hereto
and their respective successors and assigns. Whenever a reference is made herein to either party, such
reference shall include the party’s successors and assigns.
14.Compensation. The City and the Bank agree that any compensation for the performance of all
duties and services and interest rate or earnings credit paid on all deposits is set forth in the Application
accepted by the City. Except as may otherwise be provided in the Banking Agreements, said compensation
shall constitute full payment for all services, liaison, products, materials, and equipment required to provide
the professional banking services, including services, materials, training, equipment, travel, overhead, and
expenses. Fees shall be fixed for the term of the Banking Agreements, including all extensions.
15.Consideration. The Banking Agreements, are executed by the parties hereto without coercion
or duress and for substantial consideration, the sufficiency of which is forever confessed.
16.Counterparts. This Contract and other agreements shall be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes. An electronic or other signature
shall also be deemed to constitute an original if properly executed.
17.Authority to Execute. The individuals executing this Contract and other agreements on behalf
of the respective parties below represent to each other and to others that all appropriate and necessary action
has been taken to authorize the individual who is executing this Contract and other agreements to do so for
and on behalf of the party for which his or her signature appears, that there are no other parties or entities
required to execute this Contract and other agreements in order for the same to be an authorized and binding
on the party for whom the individual is signing and that each individual affixing his or her signature hereto
is authorized to do so.
18.Governing Law and Venue. This Contract shall be governed by the laws of the State of Texas.
Collin County shall be the venue for any lawsuit arising out of this Contract.
19.Certification Regarding Boycotting of Israel. Texas Government Code, Title 10, Subtitle
F, Chapter 2271.002 - Provision Required in Contract. (a) This section applies only to a contract that:
(1) Is between a governmental entity and a company with 10 or more full-time employees; and
(2) Has a value of $100,000 or more that is to be paid wholly or partly from public funds of the
government entity.
(b) A governmental entity may not enter into a contract with a company for goods or services unless the
contract contains a written verification from the company that it:
(1) Does not boycott Israel; and
(2) Will not boycott Israel during the term of the contract.
20.Certification Regarding Boycotting of Certain Energy Companies. Texas Government
Code, Title 10, Subtitle F, Chapter 2274.002 - Provision Required in Contract. (a) This section applies
only to a contract that:
Primary Depository Services RFA
(1) Is between a governmental entity and a company with 10 or more full-time employees; and
(2) Has a value of $100,000 or more that is to be paid wholly or partly from public funds of the
government entity.
(b) Except as provided in Subsection (c), a governmental entity may not enter into a contract with a
company for goods or services unless the contract contains a written verification from the company that
it:
(1) Does not boycott energy companies; and
(2) Will not boycott energy companies during the term of the contract.
(c) Subsection (b) does not apply to a governmental entity that determines the requirement of Subsection
(b) are inconsistent with the governmental entity’s constitutional or statutory duties related to the
issuance, incurrence, or management of debt obligations or the deposit, custody, management, borrowing,
or investment of funds.
21.Certification Regarding Boycotting of Firearms Entity or Firearms Trade Association.
Texas Government Code, Title 10, Subtitle F, Chapter 2274.002 - Provision Required in Contract. (a)
This section applies only to a contract that:
(1) Is between a governmental entity and a company with at least 10 full-time employees; and
(2) Has a value of at least $100,000 that is paid wholly or partly from public funds of the government
entity.
(b) Except as provided by Subsection (c) and Section 2274.003, a governmental entity may not enter into
a contract with a company for the purchase of goods or services unless the contract contains a written
verification from the company that it:
(1) Does not have a practice, policy, guidance, or directive that discriminates against a firearm entity
of firearm trade association; and
(2) Will not discriminate during the term of the contract against a firearm entity or firearm trade
association.
(c) Subsection (b) does not apply to a governmental entity that:
(1) Contracts with a sole-source provider; or
(2) Does not receive any bids from a company that is able to provide the written verification required
by that subsection.
22.Notices. Except as may otherwise be specified in the applicable service-level agreements
and/or set-up forms, any demand, notice, request, instruction, designation, or other communication(s)
required in writing under this Contract shall be personally delivered or sent certified mail, return receipt
requested, to the other party as follows:
City:
Attn:
Bank:
Attn:
Alan Guard, Director of Finance
120 W. 7th St. Anna, TX 75409
aguard@annatexas.gov, (214) 831-5371
Kathy Armstrong, EVP Director of Specialty & Correspondent Banking
7777 Henneman Way, McKinney, TX 7507
Kathy.Armstrong@ifinancial.com, (214)-399-3968
Primary Depository Services RFA
Changes to notice information may be made by either party with written notification to the other party.
23.Severability. If any provision of this Contract is held to be illegal, invalid, or unenforceable
by a court of competent jurisdiction, the parties, shall, if possible, agree on a legal, valid, and enforceable
substitute provision that is as similar in effect to the illegal, invalid, or unenforceable provision as possible.
The remaining portion of the Contract not declared illegal, invalid, or unenforceable shall remain valid and
in full force and effect for the term remaining.
24.Binding Commitment. The Bank hereby acknowledges itself duly and firmly bound for the
faithful performance of all the duties and obligations required by applicable law, including the Government
Code and Local Government Code, such that all funds deposited with it as depository shall be faithfully
kept by it and accounted for according to law.
25.Continuation. Unless this contract is terminated sooner, the Bank’s designation as the primary
City Depository will remain continuously in effect through May 31, 2025, subject to execution of the
extension options.
Executed by the undersigned duly authorized officers of the parties hereto:
CITY BANK
By: By:
Name: Name:
Title: Title:
Date: Date:
ATTEST: ATTEST
By: By:
Name: Name:
Title: Title:
Kathy Armstrong
EVP
Alan Guard
Director of Finance
Elizabeth Holland
AVP, TM Senior Public Fund Specialist
3/14/2023
2428 Carters Mill Road, Huddleston, VA 24104-4003
540.297.3419
March 13, 2023
Mr. Alan Guard, Finance Director
City of Anna
120 W. 7th St
Anna, TX 75409
Dear Mr. Guard:
Thank you for the opportunity to assist the City of Anna (the “City”) with this Depository Services
Request for Applications (the “RFA”) project. The objective of this engagement was to assist the City
in selecting a primary depository following the expiration of the current contract which ends May 31,
2023. The new contract period will be for an initial term of two (2) years commencing June 1, 2023 and
continuing through May 31, 2025, with three (3) one-year extension options under the same terms and
conditions.
Procedure
The Primary Depository Services RFA project began with the establishment of a Calendar of Events to
ensure that the required project steps were performed in a timely and sequential manner.
The process for selecting a Primary Depository is governed by the State of Texas Local Government
Codes: Chapter 105 Municipal Depository Act; Chapter 176 Conflict of Interest Act; Chapter 2256
Public Funds Investment Act; and Chapter 2257 Public Funds Collateral Act.
In addition to complying with these State statutory requirements, it was necessary to comply with the
City’s financial and purchasing policies, and Investment Policy.
The RFA procedure was conducted as follows:
1. Analyzed bank service usage and balance records.
2. Reviewed bank accounts and statements.
3. Established the minimum required banking services and potential additional services.
4. Developed a list of eligible financial institutions within the Zip Codes of 75409, 75454, 75495,
and/or 75009:
Page 2 of 4
2428 Carters Mill Road, Huddleston, VA 24104-4003
540.297.3419
a. Cadence Bank
b. CapTex Bank
c. First State Bank
d. Independent Financial (Incumbent)
e. Lamar National Bank
f. Texas Bank
g. Texas Republic Bank
5. Contacted the identified financial institutions.
6. Drafted the RFA for review and approval.
7. Advertised as required.
8. RFA documents were distributed to eligible banks via email.
9. Hosted a Pre-Application Zoom Conference Call that was attended by the following:
a. Cadence Bank
b. CapTex Bank
c. First State Bank
d. Independent Financial (Incumbent)
e. Lamar National Bank
10. By the deadline, three (3) applications were received from the following banks:
a. Cadence Bank
b. First State Bank
c. Independent Financial (Incumbent)
The evaluation of the applications was based on, but not limited to, the following criteria, in no particular
order of priority:
1. Ability to perform and provide the required and requested services
2. References provided and quality of services
3. Cost of services
4. Transition cost, retention and transition offers and incentives
5. Funds availability
6. Interest paid on interest bearing accounts and deposits
7. Earnings credit calculation on compensating balances
8. Completeness of application and agreement to points outlined in the RFA
9. Convenience of location(s)
10. Previous service relationship with the City
11. And financial strength and stability of the institution
Page 3 of 4
2428 Carters Mill Road, Huddleston, VA 24104-4003
540.297.3419
Fees – Depository Services
First State Bank and Independent Financial offered the most competitive pricing for services that the
City currently uses. Additionally, Independent Financial will waive all service fees for the first twelve
months.
Earnings on Balances
In addition to bank service charges, the bank’s interest rates on balances are an important part of the
relationship. There are two potential earnings sources for the balances held at the bank:
Earnings Credit: The earnings credit calculates “soft-dollar earnings” that can only be used to offset
banking fees. Earnings credit amounts above the applicable fees is not paid to the City as interest.
Independent Financial offered an earnings credit rate indexed to the upper end of the Fed Funds Target
rate, which at the time the application was submitted was at 4.75%. This was by far the highest rate of
the three banks that responded.
Hard-dollar Interest: Hard-dollar interest is “regular” interest earnings that result in a deposit to the
City’s account, typically at the end of each month. As with their Earnings Credit Rate, Independent
Financial offered an interest rate that is indexed to the upper end of the Fed Funds Target rate (4.75% at
the time of submittal). First State Bank offered an indexed rate of the lower end of the Fed Target Rate
minus 0.15%, and Cadence Bank offered a rate, also indexed to the upper end of the Fed Target Rate
minus 1.00%.
Response Analysis
In addition to the fees, earnings credit rates, and interest rates, all three banks offered to provide the City
with tamper proof deposit bags, endorsement stamps, deposit slips, and a free scanner for remote
depositing of checks. Because the offer was the same for all three banks, these incentives were not
factored into the analysis as they offset.
A financial analysis was prepared by Valley View Consulting to compare the impact of the service fees
and the interest rates offered by each bank. The results of each analysis are presented in the following
table.
Page 4 of 4
2428 Carters Mill Road, Huddleston, VA 24104-4003
540.297.3419
Recommendation
As the incumbent, Independent Financial has been a good business partner over the course of the
current contract and has proposed to continue to provide the required services at competitive prices.
Once all applications were reviewed and compared, the services and cost presented by Independent
Financial represent the best value for the City of Anna.
Therefore, we concur with the staff recommendation that the City Council award the Primary
Depository Bank Services contract to Independent Financial and authorize the City Manager to execute
the agreements incidental to continuing the banking relationship.
Upon approval, the new contract will commence on Thursday, June 1, 2023.
Please contact E.K. Hufstedler, Tom Ross, or me to discuss any questions or additional information
needs. Thank you for this opportunity to once again serve the City of Anna.
Sincerely,
Timothy Pinon
Valley View Consulting, L.L.C.
Cadence Bank First State Bank
Independent
Financial
(Incumbent)
$50,448,875 $50,448,875 $50,448,875
0.50%0.45%4.75%
Interest Rate 3.75%4.35%4.75%
($140,262)($15,691)($13,069)
140,262 15,691 13,069
2,614,815 4,237,373 4,778,122
$2,614,815 $4,237,373 $4,778,122
($350,655)($39,227)($52,276)
350,655 39,227 52,276
6,537,037 10,593,432 11,909,002
$6,537,037 $10,593,432 $11,909,002
Summary Financial Comparison
Net Five Year Income
Two Year Investment
Net Two Year Income
Fees for Five Year Term
Earnings Credit for Five
Five Year Investment
Average Bank Balance
Earnings Credit Rate
Fees for Two Year Term
Earnings Credit for 2 Years
Item No. 5.d.
City Council Agenda
Staff Report
Meeting Date: 3/28/2023
Staff Contact: Terri Doby
AGENDA ITEM:
Approve Monthly Financial Report for the Month Ending February 28, 2023. (Budget
Manager Terri Doby)
SUMMARY:
The City of Anna's financial policies require the publication of a financial report monthly.
This report covers the financial performance for Fiscal Year 2023 through February 28,
2023. Enclosed in the report is an executive dashboard that provides a high level look at
major funds along with detailed reporting of sales tax collections.
The financial condition of the City remains strong and the reported funds adhere to fund
balance requirements.
FINANCIAL IMPACT:
Information only
BACKGROUND:
The FY2023 Budget was adopted on September 13, 2022.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Excellent.
ATTACHMENTS:
1. FY2023 City Council Monthly Financial Report February
Positive Positive variance compared to historical trends
Warning Negative variance of 3%-5% compared to historical trends
Negative Negative variance of >5% compared to historical trends
FY2023 FY2023 %
Budget YTD
REVENUES
General Fund
Property Taxes 9,418,264$ 9,491,392$ 100.8%Property taxes are collected in January and February.
Sales Tax 4,293,100 1,338,753 31.2%Remitted from the Comptroller with lag time of 30 - 60 days;
Includes four months of remittances.
Franchise and Local Taxes 825,000 - 0.0%Payments are generally quarterly.
Charges for Services 273,000 325,565 119.3%
Fines 300,000 100,092 33.4%
Permits, Licenses and Fees 4,305,000 1,312,558 30.5%
Investment Income 50,000 68,975 138.0%
Other Revenues 16,300 32,696 200.6%
Revenue Total 19,480,664$ 12,670,031$ 65.0%With 41.7% of the year expired, revenues recorded are at 65.0%
of budget.
EXPENDITURES
General Fund
Expense Total 20,206,379$ 6,900,465$ 34.1%With 41.7% of the year expired, expenses are 34.1% of budget.
.
Utility Fund
REVENUES
Water Sales 6,510,000$ 3,065,274$ 47.1%
Sewer Charges 5,640,263 2,209,264 39.2%
Sanitation Revenue 1,760,000 921,186 52.3%
Other Charges for Services 802,000 296,193 36.9%
Permits, Licenses and Fees 461,000 267,125 57.9%
Investment Income 20,000 34,382 171.9%
Other Revenues 7,200 206 2.9%
Utility Fund Total 15,200,463$ 6,793,630$ 44.7%With 41.7% of the year expired, revenues recorded in the
General Ledger are at 44.7% of budget.
EXPENDITURES
Administration 1,801,749$ 711,071$ 39.5%
Water 5,522,940 2,988,753 54.1%Includes twice yearly debt service payments
Sewer 4,772,345 2,796,878 58.6%Includes twice yearly debt service payments
Sanitation 1,760,000 623,744 35.4%
Utility Billing 568,445 185,682 32.7%
Utility Fund Total 14,425,479$ 7,306,128$ 50.6%With 41.7% of the year expired, expenses are 50.6% of budget
but within historical norms.
CITY OF ANNA
GENERAL & UTILITY FUNDS DASHBOARD
Through February 28, 2023
Favorable / Unfavorable
% Change
2022-23 Collections from 2021-22 Collections
Monthly Prior Year Monthly
October 522,386$ 25.2% 417,343$
November 542,873 12.3% 483,556
December 622,388 12.7% 552,138
January 454,358 4.4% 435,037
February 416,044
March 583,700
April 494,472
May 511,309
June 583,874
July 570,950
August 533,224
September 575,011
2,142,005$ 6,156,658$
Budget: 6,753,000 31.7% 4,300,000
CITY OF ANNA
Schedule of Sales Tax Collections
For the month January 31, 2023
$0
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
$700,000
Monthly Sales Tax Collections:
3 Year Comparison
FY2020-21 FY2021-22 FY2022-23
Fiscal Year 2022-23 Fiscal Year 2021-22
Monthly Monthly
October 1 85
November 39 81
December 17 52
January 16 105
February 32 57
March 285
April 101
May 43
June 81
July 19
August 131
September 31
105 1,071
% Budget
FY2023 Budget: 1,100 9.5%
CITY OF ANNA
Building Permits Issued
Thru the month February 28, 2023
0
50
100
150
200
250
300
Monthly Building Permits Received:
2 Year Comparison
FY2022-23 FY2021-22
Item No. 5.e.
City Council Agenda
Staff Report
Meeting Date: 3/28/2023
Staff Contact: Terri Doby
AGENDA ITEM:
Approve an Ordinance amending the FY2023 Budget to appropriate funding for
stormwater program services, and additional promotional expense funding for economic
development. (Budget Manager Terri Doby)
SUMMARY:
The proposed budget amendment includes funding for the following purposes:
• The City of Anna adopted a Stormwater Utility fee on April 12, 2022 that was
implemented beginning October, 2022. With six months of history, staff is
confident in projecting future revenue and beginning to program expenses.
Budgeting the Stormwater Utility fee will allow the City to complete many needed
maintenance and improvement projects.
This budget amendment will add the following additional staff:
• Two additional Maintenance Worker positions (2 FTEs) to provide stormwater
maintenance and improvement projects including the maintenance of drainage
systems, replacement of undersized and inadequate storm systems, and the
improvement of flood prone areas.
Other additional expenditures include:
• Community Development ($39,511) Increase to promotion expense
• Economic Development ($21,147) Increase to promotion expense
FINANCIAL IMPACT:
Amend the FY2023 Adopted Budget.
BACKGROUND:
The FY2023 Budget was adopted by the City Council on September 13, 2022.
According to the City Charter, 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.
At their Special Called Joint meeting on March 8th, the CDC and EDC Boards approved
resolutions to amend the promotional expense line in both the CDC and EDC budgets.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Excellent.
ATTACHMENTS:
1. March 28 Budget Amendment Ordinance
2. March 28 Budget Amendment Exhibit A
3. CDC_Budget Amendment FY21_Resolution_Signed)_Updated
4. EDC_Budget Amendment FY21_Resolution_Signed_Updated
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
Stormwater Fund, Community Development Corporation, and Economic Development
Corporation 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 28th day of
March, 2023.
ATTESTED:
_________________________
City Secretary, Carrie Land
APPROVED:
_________________________
Mayor, Nate Pike
EXHIBIT A
STORMWATER FUND
Revenue:
Account Dept Account Title Budget Change
Revised
Budget
650-700-51150 Stormwater Stormwater Revenue -$ 345,000$ 345,000$
650-700-53916 Stormwater Late Payment Penalty -$ 6,000$ 6,000$
TOTAL REVENUE 351,000$
Expense:
Account Dept Account Title Budget Change
Revised
Budget
650-700-61010 Stormwater Salaries -$ 36,750$ 36,750$
650-700-61110 Stormwater Payroll Taxes-City Part FICA -$ 3,000$ 3,000$
650-700-61210 Stormwater Health Insurance -$ 12,800$ 12,800$
650-700-61220 Stormwater TMRS Retirement -$ 5,700$ 5,700$
650-700-61240 Stormwater Workers Compensation -$ 3,100$ 3,100$
650-701-62110 Stormwater Tools & Equipment -$ 2,000$ 2,000$
650-701-62310 Stormwater Clothing Supplies -$ 2,000$ 2,000$
650-701-62311 Stormwater Protective Gear -$ 500$ 500$
650-701-62510 Stormwater Vehicle Supplies - Fuel -$ 4,000$ 4,000$
650-701-62511 Stormwater Vehicle Supplies - Other -$ 500$ 500$
650-700-67000 Stormwater Contract Services -$ 30,000$ 30,000$
650-700-67063 Stormwater Operating Lease Expense -$ 2,500$ 2,500$
TOTAL EXPENSE 102,850$
Justification:
COMMUNITY DEVELOPMENT CORPORATION
Expense:
Account Dept Account Title Budget Change
Revised
Budget
890-825-67016 CDC Promotion Expense
200,000$ 39,511$ 239,511$
ECONOMIC DEVELOPMENT CORPORATION
Expense:
Account Dept Account Title Budget Change
Revised
Budget
892-825-67016 EDC Promotion Expense
-$ 21,147$ 21,147$
CITY OF ANNA
DETAIL OF RECOMMENDED FY2023 BUDGET AMENDMENTS
To appropriate the Stormwater Fee implemented in October 2022 and begin a stormwater maintenance program for the City of Anna.
ANNA COMMUNITY DEVELOPMENT CORPORATION
RESOLUTION NO. '2>.Qg .21;, ,C)\
A RESOLUTION OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION
REGARDING THE APPROVAL OF AND AUTHORITY TO AMEND THE
2022-2023 FISCAL YEAR BUDGET BY CARRYING FORWARD UNEXPENDED
PROMOTIONAL FUNDS IN THE AMOUNT OF $39,511.
WHEREAS, effective October 1, 2022, the Anna Community Development Corporation
(the "CDC"), with the approval of the City of Anna City Council, approved its current fiscal
year budget; and
WHEREAS, the CDC seeks to make one or more line item amendments to its budget
due to additional funds being needed in the promotion line item (890-825-67016).
NOW THEREFORE, BE IT RESOLVED BY THE ANNA COMMUNITY
DEVELOPMENT CORPORATION, THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Adoption of Amendment to the Current Fiscal Year Budget
The CDC Board of Directors hereby approves amending the Anna Community
Development Corporation current fiscal year budget as set forth in Exhibit A, amended
budget, attached hereto and incorporated herein for all purposes as if set forth in full. The
Board further directs that this amendment to the current fiscal year budget be submitted
to the City of Anna City Council for approval.
PASSED AND APPROVED by the Anna Community Development Corporation this 8th day
of March 2023.
APPROVED: ATTEST:
President CDC Secretary
ANNA ECONOMIC DEVELOPMENT CORPORATION RESOLUTION
A RESOLUTION OF THE ANNA ECONOMIC DEVELOPMENT CORPORATION
REGARDING THE APPROVAL OF AND AUTHORITY TO AMEND THE 2022-2023
FISCAL YEAR BUDGET BY CARRYING FORWARD UNEXPENDED PROMOTIONAL
FUNDS IN THE AMOUNT OF $21,147.
WHEREAS, effective October 1, 2022, the Anna Economic Development Corporation
(the "EDC"), with the approval of the City of Anna City Council, approved its current fiscal
year budget; and
WHEREAS, the Ebe seeks to make one or more line item amendments to its budget
due to additional funds being needed in the promotion line item (900-826-67016).
NOW THEREFORE, BE IT RESOLVED BY THE ANNA ECONOMIC
DEVELOPMENT CORPORATION, THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Adoption of Amendment to the Current Fiscal Year Budget
The EDC Board of Directors hereby approves amending the Anna Economic
Development Corporation current fiscal year budget as set forth in Exhibit A, amended
budget, attached hereto and incorporated herein for all purposes as if set forth in full. The
Board further directs that this amendment to the current fiscal year budget be submitted
to the City of Anna City Council for approval.
PASSED AND APPROVED by the Anna Economic Development Corporation this 8th day
of March 2023.
APPROVED: ATTEST:
President EDC Secretary
Item No. 6.a.
City Council Agenda
Staff Report
Meeting Date: 3/28/2023
Staff Contact: Salena Tittle
AGENDA ITEM:
Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance for a Specific Use
Permit for a Kennel (no outside pens) on a portion of one lot on 4.7± acres located on
the east side of Victoria Falls Drive, 205± feet north of W. White Street. (Planner II
Salena Tittle)
SUMMARY:
The applicant is requesting a Specific Use Permit (SUP) for a Kennel (no outside pens).
The Zoning Ordinance defines a kennel as:
Any structure, lot, or premises on which four or more dogs, cats, or other domestic
animals more than four months of age are housed or accepted for boarding, breeding,
training, selling, grooming and/or bathing for which remuneration is received.
The subject property is a multi-tenant shopping center zoned Planned Development-C-2
General Commercial (Ord. No. 119-2003). The applicant, Paw of the Family, is a current
tenant in one of the suites is looking to expand their business to offer more services
which fall under the definition of a kennel.
An operational statement, Exhibit A, provided by Paw of the Family accompanies this
request and provides a more in-depth description of services that will be provided.
Surrounding Land Use and Zoning
North Residential subdivision zoned PD-Single Family Residential (PD-R-1) (Ord
No. 2001-23)
East Residential subdivision zoned PD-SF-72 Single Family Residential (PD-SF-
72) (Ord. No. 673-2014)
South Bank zoned PD-C-2 General Commercial (PD-C-2) (Ord. No. 119-2003)
West Vacant lot zoned PD-C-2 General Commercial (PD-C-2) (Ord. No. 119-2003)
Specific Use Permit
The Zoning Ordinance designates certain uses as requiring a Specific Use Permit
(SUP) to allow the Planning & Zoning Commission and City Council to review requests
on a case-by-case basis as to its probable effect on the adjacent property and the
community welfare. The request may be approved or denied as the findings indicate
appropriate with regard to the health, safety and welfare of the general public.
The Zoning Ordinance allows for the use of a kennel within the C-2 General
Commercial district with the approval of a Specific Use Permit (SUP).
FINANCIAL IMPACT:
This item has no financial impact.
BACKGROUND:
The Planning and Zoning Commission voted 3-1 to recommend approval of the Specific
Use Permit at their March 6, 2023 meeting.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Unique.
ATTACHMENTS:
1. Victoria Falls Center Addition, Block A, Lot 1R Locator Map
2. Ordinance - (SUP) Victoria Falls Center Addition, Block A, Lot 1R (Kennel)
3. Ord. Exhibit A - Victoria Falls SUP Operational Statement
4. Zoning Proposal Response - Carl Murr
RIVER CROSSING DR
DEERCHASE DRSTANLEYFALL
S
DROAK HOLLOW LNSYCAMORESTKAIETEURDRNIAGARA FALLS DRP
E
N
T
O
N
LIN
N
S
D
R
PIN OAK TRL
AVERY POINTE DR
HILLTOPDRWESTPARK DRV
I
C
T
OR
I
AFALLSDRRHYMERS
GLEN DR
W WHITE ST
Copyright nearmap 2015
Subject
Property
200' Notice
Boundary
City Limits
ETJ
¯
0 200 400100
Feet
February 2023
H:\Notification Maps\Notification Maps\
Specific Use Permit - Victoria Falls Center Addition, Block A, Lot 1R
1
CITY OF ANNA, TEXAS
(Specific Use Permit for Kennel, no outside pens)
ORDINANCE NO. ________________
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.
WHEREAS, the City of Anna, Texas (“City”) has previously adopted ordinances, rules and
regulations governing the zoning in the City; and
WHEREAS, the City has received a requested specific use permit from RGR Development
Company LP on Property identified as Victoria Falls Center Addition, Block A, Lot 1R, Suites 120
and 130; and
WHEREAS, said Property is zoned Planned Development-C-2 General Commercial (PD-C-2)
(Ordinance No. 119-2003); and
WHEREAS, the Planning and Zoning Commission of the City and the City Council of the City of
Anna (“City Council”) have given the requisite notices by publication and otherwise and have held
the public hearings as required by law and afforded a full and fair hearing to all property owners
and generally to all persons interested in and situated in the affected area and in the vicinity
thereof, the City Council has concluded that the Zoning Ordinance of the City should be amended
as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS THAT:
Section 1.Recitals Incorporated
The above recitals are incorporated herein by reference for all purposes.
Section 2.Zoning Change
The Comprehensive Zoning Ordinance of the City of Anna, Texas, is amended by approving a
Specific Use Permit for the property described as Victoria Falls Center Addition, Block A, Lot 1R,
Suite 120 and Suite 130 and made an integral part of this ordinance, and approving the Specific
Use Permit in the Planned Development zoning district to allow the use of a kennel (no outside
pens) with services outlined in the Operational Statement on the attached Exhibit A.
Section 3.Official Zoning Map
2
The official Zoning Map of the City shall be corrected to reflect the change in zoning described
herein.
Section 4.Savings, Repealing and Severability Clauses
It is hereby declared to be the intention of the City Council that the words, sentences, paragraphs,
subdivisions, clauses, phrases, and provisions of this ordinance are severable and, if any phrase,
sentence, paragraph, subdivision, clause, or provision of this ordinance shall be declared
unconstitutional or otherwise invalid or inapplicable by the valid judgment or decree of any court
of competent jurisdiction, such unconstitutionality, invalidity or inapplicability shall not affect any
of the remaining words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions of
this ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional, invalid or inapplicable words,
sentences, paragraphs, subdivisions, clauses, phrases, or provisions. Further, all ordinances or
parts of ordinances in force when the provisions of this ordinance become effective that are
consistent and do not conflict with the terms and provisions of this ordinance are hereby ratified
to the extent of such consistency and lack of conflict, and all ordinances or parts of ordinances in
force when the provisions of this ordinance become effective that are inconsistent or in conflict
with the terms and provisions contained in this ordinance are hereby repealed only to the extent
of any such conflict. Notwithstanding any provision of this ordinance or the Anna Code, it is
intended that this ordinance fully comply with Chapter 3000 of the Texas Government Code
(“Chapter 3000”) and this ordinance shall and the City Code shall be interpreted in a manner to
comply with Chapter 3000. For the purposes of this ordinance, any provision of the City Code that
does not comply with Chapter 3000 shall be deemed to have been excluded and not a part of this
ordinance.
Section 5.Penalty
Any violation of any of the terms of this ordinance, whether denominated in this ordinance as
unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation shall
be fined in an amount not to exceed $2,000 for each incidence of violation. Each day a violation
exists is considered a separate offense and will be punished separately.
Section 6.Publication of the Caption and Effective Date
This ordinance shall be effective upon its passage by the City Council, approval by the Mayor,
and posting and/or publication, if required by law, of its caption. The City Secretary is hereby
authorized and directed to implement such posting and/or publication.
PASSED by the City Council of the City of Anna, Texas this 28th day of March 2023.
ATTESTED: APPROVED:
________________________________ _________________________
Carrie L. Land, City Secretary Nate Pike, Mayor
Paw of the Family, Anna, TX
Operational Summary
Goal: Expand our current booming grooming services, and introduce dog daycare
with minimal boarding options to grow.
Current space: 1700 SQ ft
New Additional space: 2370 SQ ft
Overviews and Objectives:
• Paw of the Family seeks to bring extended grooming services to our Anna,
Texas facility. We are currently limited to the number of dogs we can
accept due to the space we currently have available.
o We will add an additional 3 groomers.
• Paw of the Family seeks to bring dog daycare to central Anna, and with
time, limited boarding.
o We are positioned Centrally in Anna on the busiest street with 15k
cars passing everyday. This gives us a competitive advantage over
the other 2 locations. In addition, we will also be joined with our pre-
existing pet store, which the other 2 facilities are lacking. This will
become a true one stop shop location with well-rounded services
and supplies.
o We will provide daycare for approximately 30 dogs per day
• Expansion services:
o Daycare
▪ Provide up to 12 hours of daycare (7 to 7)
▪ Provide a minimum of 4 hours of daycare
▪ Provide daycare for parents that can’t pick up grooming pets
immediately (hourly)
▪ Treats of the day
▪ Provide food when requested (either provided or in house
food)
▪ 2 employees for up to 30 dogs, plus 2 owners, security
cameras and recordings for visibility, and cameras for pet
parents to view on our site.
o Grooming
▪ Add 3 additional groomers
▪ Bathe daycare pets
▪ Trim daycare nails
▪ Provide daycare upsell for pet parents running late
▪ Traditional grooming services
Item No. 6.b.
City Council Agenda
Staff Report
Meeting Date: 3/28/2023
Staff Contact: Gregory Peters
AGENDA ITEM:
Consider/Discuss/Action on a Resolution approving the emergency purchase of
materials, labor, and services for the construction of a sanitary sewer main near Slayter
Creek in the City of Anna, Texas. (Interim Assistant City Manager Greg Peters, P.E.)
SUMMARY:
The City of Anna is currently under construction for a new splash pad to replace an old
splash pad in Slayter Creek Park. The old splash pad discharged chlorinated water
from the facility into an existing drainage channel within the park. This is not in
conformance with TCEQ guidelines regarding how to properly handle discharge from
aquatic facilities. As such, the new splash pad must have a connection to a public
sanitary sewer main, so that the discharge is properly conveyed to a wastewater
treatment facility.
Due to the short project timeline, the city did not have reasonable time to go through the standard
process of design-bid-build for this sewer extension. City staff coordinated with the City
Attorney to confirm that the emergency extension of a sewer main to the facility meets
State Law requirements regarding emergency purchases.
Staff reached out to reputable contractors experienced with performing this type of work
in the region. Quirino Construction was the first to respond and are able to mobilize
immediately to ensure the project could be completed as fast as possible. Quirino
Construction has mobilized to the site and begun work. This item authorizes the City
Manager to execute purchase orders for the construction and survey work associated
with the extension of the sewer line. City staff is overseeing the project and providing
engineering guidance under the direction of the Interim Assistant City Manager Greg
Peters, P.E., who is a Licensed Professional Engineer in the State of Texas.
FINANCIAL IMPACT:
The total cost is estimated at $130,000, with funding to come from the annual Public
Works Sanitary Sewer Maintenance budget.
BACKGROUND:
The City has an active Splash Pad construction project on an accelerated timeline.
There is not an existing sewer main for the facility to tie into, as the prior splash pad
was not constructed in accordance with current TCEQ requirements for discharge of
water form an aquatic facility.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Resilient.
ATTACHMENTS:
1. Resolution - Emergency Sewer Project
CITY OF ANNA, TEXAS
RESOLUTION NO. _______________
A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE PURCHASE ORDERS FOR A SANITARY SEWER
MAINTENANCE CONSTRUCTION PROJECT AS SHOWN IN EXHIBIT “A”
ATTACHED HERETO, IN THE AMOUNT NOT TO EXCEED ONE HUNDRED THIRTY
FIVE THOUSAND DOLLARS AND ZERO CENTS ($135,000); AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City of Anna is responsible for protecting the health, safety, and welfare
of the community; and,
WHEREAS, in order to provide for the welfare of the community, the City’s sanitary sewer
system requires regular maintenance up to and including replacement and extension of
mains; and,
WHEREAS, The City of Anna completes sanitary sewer maintenance projects on an
annual basis as identified in the Sanitary Sewer Utility section of the Public Works annual
operating budget; and,
WHEREAS, a sanitary sewer main is needed along Slayter Creek to address sanitary
sewer deficiencies in the area related to the previous splash pad discharging chlorinated
water into the storm system; and,
WHEREAS, the new splash pad construction is underway and must be connected to a
sanitary sewer main to properly convey the chlorinated water to a wastewater treatment
facility; and,
WHEREAS, the City of Anna contacted reputable utility contractors in regards to the
emergency and received a quote for the work from the contractor able to respond first to
the need; and,
WHEREAS, the total cost of the project is estimated to be $135,000, including $1,750 for
construction staking and $20,166.84 for contingency funds.
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 Payment and Funding.
That the City Manager is hereby authorized to execute purchase orders to Quirino
General Contractors, LLC and North Texas Surveying, LLC in a total amount not to
exceed $130,000.00 for an emergency sewer project along Slayter Creek in the City of
Anna, Texas.
That funding for the purchase orders shall come from the Public Works Department
Utility Division Fund annual Sanitary Sewer Maintenance line item.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this ___
day of March, 2023.
ATTEST: APPROVED:
__________________________ __________________________
City Secretary, Carrie L. Smith Mayor, Nate Pike
Exhibit “A”
Item No. 6.c.
City Council Agenda
Staff Report
Meeting Date: 3/28/2023
Staff Contact: Justin Clay
AGENDA ITEM:
Consider/Discuss/Action on a Resolution awarding the Phase 1 Downtown Utility
Rehabilitation Project to Canary Construction. (CIP Manager Justin Clay)
SUMMARY:
The City of Anna approved Resolution 2022-04-1157 authorizing the execution of
professional services to Grantham & Associates for the Downtown Utility Rehabilitation
project. The consultant and city staff have been working on preparing plans and
construction documents for the rehabilitation of key water and sewer systems in
downtown over the past year. Phase 1 of the project has been bid and is ready for
construction. The city publicly advertised the project and opened bids on March 10,
2023. Seven bids were received, with the lowest qualified bid from Canary
Construction, in the amount of $325,333.00. Staff is recommending a total budget of
$365,333.00 for the project to provide $40,000 in contingencies. The funding source is
the Coronavirus Local Fiscal Recovery as shown in the Fiscal Year 2022-2023 Budget.
The contractor will be installing new water mains on Riggins from 4th Street to 7th
Street, and from 7th Street to Interurban. A new sewer line will also be installed on
Interurban, crossing under 5th Street.
The 2nd phase of the project will include a larger scope of utility replacements, and is
planned to be advertised for bid later this year.
FINANCIAL IMPACT:
Funding for the Coronavirus Local Fiscal Recovery project was appropriated in the
FY2023 Community Investment Program budget in the amount of $3.716 million from
the American Recovery Act Fund. The estimated cost of Downtown Utility
Rehabilitation Phase 1 Project is $365,333.00, including $40,000 in contingency.
BACKGROUND:
The downtown utility rehabilitation project is being funded through the Coronavirus State
and Local FIscal Recovery Funds the City of Anna received from the federal
government. This is the first phase of construction.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Resilient.
ATTACHMENTS:
1. Map
2. 1448 Contractor Recommendation/Bid Tabs
3. Resolution and Bid Tabulation - Phase 1 Downtown Utility Rehabilitation
H:\WPDOCS\PROJECTS\ANNA\1448-22 2022 Anna Downtown Water & Sanitary Sewer Improvements\Contractor
Recommendation Ph 1\1448 Contractor Recommendation.docx
March 13, 2023
Mr. Justin Clay
City of Anna
3223 North Powell Parkway
Anna, TX 75409
G&A No. 1448-22
Re: Downtown Water & Sanitary Improvements – Phase 1
Recommendation of Award to Canary Construction, Inc.
Dear Mr. Clay:
On Friday, March 10, 2023, the City of Anna publicly opened 7 bids for the above referenced project.
Grantham & Associates, Inc. (G&A) tabulated the bids (see attached bid tabulation) and the results are
summarized below.
Company Name Total Bid
1. Canary Construction $ 325,333.00
2. A&M Construction $ 332,736.50
3. Hayes Construction $ 359,790.00
4. Thomas II Development $ 385,730.00
5. Dickerson Construction $ 406,555.00
6. J&L Construction $ 437,461.54
7. Atkins Brother Equipment $ 516,834.00
Canary Construction, Inc. was the low bidder with a bid of $325,333. Canary Construction has
successfully completed a previous project for Grantham & Associates. In addition, the references for
Canary Construction, Inc. provided positive comments. Consequently, we recommend that the City
award the subject project to Canary Construction, Inc. in the amount of $325,333.00.
Please contact me if you need any additional information.
Sincerely,
Molly Pierson, P.E.
Attachment
Bid Tabulation
Downtown Water & Sanitary Improvements - Phase 1
City of Anna
March 10, 2023
ITEM NO.DESCRIPTION UNIT BID TOTAL UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST
1 SAWCUT, REMOVE & DISPOSE CONCRETE DRIVEWAY PAVEMENT SY 21 $30.00 $630.00 $75.00 $1,575.00 $40.00 $840.00 $140.00 $2,940.00
2 SAWCUT, REMOVE & DISPOSE ASPHALT PAVEMENT SY 201 $30.00 $6,030.00 $75.00 $15,075.00 $35.00 $7,035.00 $45.00 $9,045.00
3 REMOVE & DISPOSE GRAVEL DRIVEWAY SY 10 $10.00 $100.00 $55.00 $550.00 $42.00 $420.00 $30.00 $300.00
4 FURNISH & INSTALL ASPHALT PAVEMENT (2" TYPE D & 6" TYPE B)SY 201 $60.00 $12,060.00 $90.00 $18,090.00 $80.00 $16,080.00 $105.00 $21,105.00
5 FURNISH & INSTALL CONCRETE DRIVEWAY (4,000 PSI)SY 21 $65.00 $1,365.00 $90.00 $1,890.00 $150.00 $3,150.00 $160.00 $3,360.00
6 FURNISH & INSTALL GRAVEL DRIVEWAY SY 10 $40.00 $400.00 $40.00 $400.00 $50.00 $500.00 $60.00 $600.00
7 REMOVE & DISPOSE MANHOLE EA 1 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,850.00 $1,850.00 $2,200.00 $2,200.00
8 FURNISH & INSTALL WATER 6" DR-18 PVC LF 5 $75.00 $375.00 $650.00 $3,250.00 $105.00 $525.00 $450.00 $2,250.00
9 FURNISH & INSTALL WATER LOWERING 6" DR-18 PVC LF 20 $80.00 $1,600.00 $420.00 $8,400.00 $227.00 $4,540.00 $250.00 $5,000.00
10 FURNISH & INSTALL WATER 8" DR-18 PVC LF 1265 $85.00 $107,525.00 $85.00 $107,525.00 $79.00 $99,935.00 $90.00 $113,850.00
11 FURNISH & INSTALL WATER LOWERING 8" DR-18 PVC LF 60 $95.00 $5,700.00 $320.00 $19,200.00 $265.00 $15,900.00 $125.00 $7,500.00
12 FURNISH & INSTALL WATER 12" DR-18 PVC LF 13 $115.00 $1,495.00 $420.00 $5,460.00 $126.00 $1,638.00 $230.00 $2,990.00
13 FURNISH & INSTALL DUCTILE IRON FITTINGS TN 0.85 $6,000.00 $5,100.00 $15,000.00 $12,750.00 $8,900.00 $7,565.00 $20,000.00 $17,000.00
14 FURNISH & INSTALL 8"x8" TAPPING SLEEVE & VALVE EA 1 $6,000.00 $6,000.00 $6,500.00 $6,500.00 $6,778.00 $6,778.00 $9,500.00 $9,500.00
15 FURNISH AND INSTALL 6" INSERT-A-VALVE EA 1 $15,000.00 $15,000.00 $7,500.00 $7,500.00 $10,362.00 $10,362.00 $13,000.00 $13,000.00
16 FURNISH AND INSTALL 8" GATE VALVE EA 7 $3,000.00 $21,000.00 $2,500.00 $17,500.00 $2,369.00 $16,583.00 $3,900.00 $27,300.00
17 FURNISH AND INSTALL 12" GATE VALVE EA 1 $6,500.00 $6,500.00 $4,500.00 $4,500.00 $3,880.00 $3,880.00 $5,800.00 $5,800.00
18 FURNISH & INSTALL FIRE HYDRANT WITH 6" VALVE & 6" LEAD EA 3 $5,000.00 $15,000.00 $7,800.00 $23,400.00 $8,483.00 $25,449.00 $9,500.00 $28,500.00
19 FURNISH & INSTALL 1" WATER SERVICE EA 4 $1,800.00 $7,200.00 $1,500.00 $6,000.00 $2,430.00 $9,720.00 $1,900.00 $7,600.00
20 LOCATE AND CONNECT TO EX WATER ON SW CORNER OF 7TH AND RIGGINS LS 1 $20,000.00 $20,000.00 $2,200.00 $2,200.00 $6,261.00 $6,261.00 $4,500.00 $4,500.00
21 TRENCH SAFETY (FOR WATER)LF 1350 $2.00 $2,700.00 $2.00 $2,700.00 $1.25 $1,687.50 $3.00 $4,050.00
22 FURNISH & INSTALL SANITARY SEWER 10" PVC SDR-26 ASTM D3034 LF 216 $100.00 $21,600.00 $125.00 $27,000.00 $119.00 $25,704.00 $95.00 $20,520.00
23 FURNISH & INSTALL SANITARY SEWER MANHOLE 4' DIA EA 1 $7,000.00 $7,000.00 $8,500.00 $8,500.00 $9,380.00 $9,380.00 $8,800.00 $8,800.00
24 CONNECT 10" PVC SANITARY SEWER TO EXISTING MANHOLE EA 1 $500.00 $500.00 $1,520.00 $1,520.00 $1,950.00 $1,950.00 $4,500.00 $4,500.00
25 FURNISH & INSTALL BYPASS PUMPING LS 1 $7,500.00 $7,500.00 $5,500.00 $5,500.00 $12,000.00 $12,000.00 $9,000.00 $9,000.00
26 TRENCH SAFETY (FOR SEWER)LF 216 $2.00 $432.00 $3.00 $648.00 $1.50 $324.00 $5.00 $1,080.00
27 EROSION CONTROL LS 1 $5,000.00 $5,000.00 $1,500.00 $1,500.00 $7,920.00 $7,920.00 $2,500.00 $2,500.00
28 MOBILIZATION LS 1 $15,000.00 $15,000.00 $6,000.00 $6,000.00 $15,500.00 $15,500.00 $17,000.00 $17,000.00
29 FURNISH & INSTALL TRAFFIC CONTROL LS 1 $7,500.00 $7,500.00 $3,000.00 $3,000.00 $10,560.00 $10,560.00 $3,000.00 $3,000.00
30 FURNISH AND INSTALL TEMPORARY CONSTRUCTION FENCE LF 200 $10.00 $2,000.00 $15.00 $3,000.00 $13.50 $2,700.00 $15.00 $3,000.00
31 Materials Testing LS 1 $12,000.00 $12,000.00 $3,200.00 $3,200.00 $6,000.00 $6,000.00 $2,000.00 $2,000.00
TOTAL:$315,312.00 $325,333.00 $332,736.50 $359,790.00
Indicates error on bid form
Canary ConstructionEngineer's Estimate A&M Construction Hayes Construction
Page 1 of 2
Bid Tabulation
Downtown Water & Sanitary Improvements - Phase 1
City of Anna
March 10, 2023
ITEM NO.DESCRIPTION UNIT BID TOTAL
1 SAWCUT, REMOVE & DISPOSE CONCRETE DRIVEWAY PAVEMENT SY 21
2 SAWCUT, REMOVE & DISPOSE ASPHALT PAVEMENT SY 201
3 REMOVE & DISPOSE GRAVEL DRIVEWAY SY 10
4 FURNISH & INSTALL ASPHALT PAVEMENT (2" TYPE D & 6" TYPE B)SY 201
5 FURNISH & INSTALL CONCRETE DRIVEWAY (4,000 PSI)SY 21
6 FURNISH & INSTALL GRAVEL DRIVEWAY SY 10
7 REMOVE & DISPOSE MANHOLE EA 1
8 FURNISH & INSTALL WATER 6" DR-18 PVC LF 5
9 FURNISH & INSTALL WATER LOWERING 6" DR-18 PVC LF 20
10 FURNISH & INSTALL WATER 8" DR-18 PVC LF 1265
11 FURNISH & INSTALL WATER LOWERING 8" DR-18 PVC LF 60
12 FURNISH & INSTALL WATER 12" DR-18 PVC LF 13
13 FURNISH & INSTALL DUCTILE IRON FITTINGS TN 0.85
14 FURNISH & INSTALL 8"x8" TAPPING SLEEVE & VALVE EA 1
15 FURNISH AND INSTALL 6" INSERT-A-VALVE EA 1
16 FURNISH AND INSTALL 8" GATE VALVE EA 7
17 FURNISH AND INSTALL 12" GATE VALVE EA 1
18 FURNISH & INSTALL FIRE HYDRANT WITH 6" VALVE & 6" LEAD EA 3
19 FURNISH & INSTALL 1" WATER SERVICE EA 4
20 LOCATE AND CONNECT TO EX WATER ON SW CORNER OF 7TH AND RIGGINS LS 1
21 TRENCH SAFETY (FOR WATER)LF 1350
22 FURNISH & INSTALL SANITARY SEWER 10" PVC SDR-26 ASTM D3034 LF 216
23 FURNISH & INSTALL SANITARY SEWER MANHOLE 4' DIA EA 1
24 CONNECT 10" PVC SANITARY SEWER TO EXISTING MANHOLE EA 1
25 FURNISH & INSTALL BYPASS PUMPING LS 1
26 TRENCH SAFETY (FOR SEWER)LF 216
27 EROSION CONTROL LS 1
28 MOBILIZATION LS 1
29 FURNISH & INSTALL TRAFFIC CONTROL LS 1
30 FURNISH AND INSTALL TEMPORARY CONSTRUCTION FENCE LF 200
31 Materials Testing LS 1
TOTAL:
Indicates error on bid form
UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST
$100.00 $2,100.00 $25.00 $525.00 $173.86 $3,651.06 $116.00 $2,436.00
$50.00 $10,050.00 $15.00 $3,015.00 $41.48 $8,337.48 $116.00 $23,316.00
$300.00 $3,000.00 $50.00 $500.00 $172.50 $1,725.00 $75.00 $750.00
$50.00 $10,050.00 $120.00 $24,120.00 $118.92 $23,902.92 $70.00 $14,070.00
$375.00 $7,875.00 $150.00 $3,150.00 $175.86 $3,693.06 $300.00 $6,300.00
$100.00 $1,000.00 $100.00 $1,000.00 $316.00 $3,160.00 $60.00 $600.00
$1,200.00 $1,200.00 $2,000.00 $2,000.00 $3,079.00 $3,079.00 $2,190.00 $2,190.00
$103.00 $515.00 $150.00 $750.00 $255.00 $1,275.00 $150.00 $750.00
$103.00 $2,060.00 $250.00 $5,000.00 $163.35 $3,267.00 $200.00 $4,000.00
$97.00 $122,705.00 $135.00 $170,775.00 $134.38 $169,990.70 $150.00 $189,750.00
$140.00 $8,400.00 $275.00 $16,500.00 $183.28 $10,996.80 $200.00 $12,000.00
$125.00 $1,625.00 $300.00 $3,900.00 $276.31 $3,592.03 $3,500.00 $45,500.00
$11,000.00 $9,350.00 $23,000.00 $19,550.00 $21,460.00 $18,241.00 $5,000.00 $4,250.00
$5,400.00 $5,400.00 $6,000.00 $6,000.00 $10,103.00 $10,103.00 $1,300.00 $1,300.00
$8,800.00 $8,800.00 $9,500.00 $9,500.00 $13,646.00 $13,646.00 $10,000.00 $10,000.00
$3,500.00 $24,500.00 $2,500.00 $17,500.00 $4,131.50 $28,920.50 $2,500.00 $17,500.00
$6,900.00 $6,900.00 $3,500.00 $3,500.00 $6,769.00 $6,769.00 $4,500.00 $4,500.00
$8,800.00 $26,400.00 $8,000.00 $24,000.00 $8,966.67 $26,900.01 $7,000.00 $21,000.00
$1,075.00 $4,300.00 $2,100.00 $8,400.00 $1,946.50 $7,786.00 $4,500.00 $18,000.00
$1,800.00 $1,800.00 $6,500.00 $6,500.00 $3,489.00 $3,489.00 $1,028.00 $1,028.00
$6.00 $8,100.00 $1.00 $1,350.00 $2.11 $2,848.50 $1.00 $1,350.00
$125.00 $27,000.00 $165.00 $35,640.00 $107.16 $23,146.56 $250.00 $54,000.00
$9,500.00 $9,500.00 $7,500.00 $7,500.00 $11,061.00 $11,061.00 $15,000.00 $15,000.00
$1,200.00 $1,200.00 $1,000.00 $1,000.00 $2,739.00 $2,739.00 $1,028.00 $1,028.00
$12,000.00 $12,000.00 $4,800.00 $4,800.00 $6,292.00 $6,292.00 $25,000.00 $25,000.00
$25.00 $5,400.00 $5.00 $1,080.00 $3.62 $781.92 $1.00 $216.00
$5,000.00 $5,000.00 $1,000.00 $1,000.00 $7,278.00 $7,278.00 $2,000.00 $2,000.00
$35,000.00 $35,000.00 $20,000.00 $20,000.00 $15,385.00 $15,385.00 $10,000.00 $10,000.00
$15,000.00 $15,000.00 $4,500.00 $4,500.00 $5,508.00 $5,508.00 $5,000.00 $5,000.00
$25.00 $5,000.00 $5.00 $1,000.00 $27.54 $5,508.00 $20.00 $4,000.00
$4,500.00 $4,500.00 $2,500.00 $2,500.00 $4,389.00 $4,389.00 $20,000.00 $20,000.00
$385,730.00 $406,555.00 $437,461.54 $516,834.00
J&L Construction Atkins Bros. Equip.Thomas II Development Dickerson Construction
Page 2 of 2
CITY OF ANNA, TEXAS
RESOLUTION NO. _______________
A RESOLUTION OF THE CITY OF ANNA, TEXAS AWARDING THE BID FOR PHASE
1 OF THE DOWNTOWN UTILITY REHABILITATION PROJECT TO CANARY
CONSTRUCTION, INCORPORATED IN THE AMOUNT NOT TO EXCEED THREE
HUNDRED SIXTY FIVE THOUSAND THREE HUNDRED THIRTY THREE DOLLARS
($365,333.00); AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Downtown Utility Rehabilitation Project is identified as a capital utility
project in the City of Anna, Texas; and,
WHEREAS, multiple water and sanitary sewer utilities in the downtown area have been
identified as being in poor condition and the City of Anna is seeking to complete major
rehabilitation of the system; and,
WHEREAS, the City of Anna publicly advertised the phase 1 portion of the project and
open bids in accordance with Texas Local Government Code; and,
WHEREAS, the lowest qualified bid was received from Canary Construction,
Incorporated in the amount of $325,333 as shown in Exhibit A, attached; and,
WHEREAS, the City will include $40,000 in contingency funds for the construction project
to provide funding only to be spent when required for unforeseen changes to the project
scope which may be necessary during construction; and.
WHEREAS, the project funding will come from the Coronavirus State and Local Fiscal
Recovery Funds received from the Federal Government in accordance with the Fiscal
Year 2022-2023 Budget; 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 Payment and Funding.
That the City Council of the City of Anna hereby awards the project to Canary
Construction, Incorporated, and authorizes the City Manager to execute a construction
contract in a form approved by the City Attorney, in an amount not to exceed $365,333.00
to Canary Construction, Incorporated for the Phase 1 Downtown Utility Rehabilitation
Project.
That funding for the project shall come from the State and Local Coronavirus Fiscal
Recovery Funds.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this ___
day of March 2023.
ATTEST: APPROVED:
__________________________ __________________________
City Secretary, Carrie Land Mayor, Nate Pike
Exhibit A
Item No. 6.d.
City Council Agenda
Staff Report
Meeting Date: 3/28/2023
Staff Contact: Dalan Walker
AGENDA ITEM:
Consider/Discuss/Action on a Resolution authorizing the City Manager to execute
Professional Services Project Order number PARKS8 for the design of trail system
improvements adjacent to the Pecan Grove Subdivision. (Parks Planning &
Development Manager Dalan Walker)
SUMMARY:
The proposed design services include the development of 100% construction
documents for a 10' wide concrete trail between Luscombe Lane and Leslie Drive. The
proposed trail segments run the length of Pecan Grove Park. Jacobs Engineering will
also provide 10% plans for a connection to the Park Place trail to the north, which will
require a bridge crossing. They will also perform a hydraulic analysis to determine the
location of bridge abutments and the specifications of the bridge.
FINANCIAL IMPACT:
CIP Budget: Funding for the Trails project was appropriated in the FY2023 Community
Investment Program budget in the amount of $1.068 million from the 2021 General
Obligation Bond Fund. The estimated cost of design services is $114,000. The
construction cost for the trail will be presented when plans have been completed.
BACKGROUND:
This trail segment was chosen first because the City owns all of the property on which
the trail is aligned, and there are no major utility easements to contend. There are four
additional segments that will begin design soon. Partially completed plans will be
submitted to the County in grant applications.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Active.
ATTACHMENTS:
1. City of Anna - Trail Luscombe to Leslie V2 Signed by Jacobs
2. Resolution approving Project Specific Purchase Order for Pecan Grove Trail
Improvements
Master PSA# 2021-2026 1
PSPO# PARK8
EXHIBIT 8
Professional Service Project Order #PARKS8
Pursuant to and subject to the referenced Master Agreement for Professional Services (Master PSA),
between the City and Firm, City hereby requests that Firm perform, and Firm agrees to perform, the
work described below upon the terms and conditions set forth in said Master PSA, which are incorporated
herein by reference for all purposes, and in this Professional Service Project Order (PSPO).
MPSA#
2021-2026
MASTER PSA CATEGORY: F-Landscape Architecture and
Park Planning
ANNA PROJECT CODE: 2021-ENG08
FIRM NAME Jacobs
Project Name: Pecan Grove Trail
# Of Consecutive Business
Days to Complete Project: 120
Original Project Fee: $114,000
OWNER OPTIONAL INFORMATION:
1. Date and Time to Commence: Upon Receipt of Signed Professional Services Project Order,
City’s Purchase Order and Notice to Proceed
2. Other: Architectural Barrier Requirements: Yes X No __
INVOICE SUBMITTAL
Billing Period:
Monthly-Through the end of each month, billed by the 10th of the
following month.
Invoice Mailing Instructions:
Mail to: Attn: Dalan Walker
City of Anna
Neighborhood Services
120 W 7th St
Anna, TX 75409
Include work order number, PO number, billing period, and project
name.
Master PSA# 2021-2026 2
PSPO# PARK8
Documents:
The PSPO DOCUMENTS as that term is used herein, shall mean and include the following
documents, and expressly incorporates the following by reference for all purposes.
A. Master Agreement for Professional Services 2021-2026 effective July 13, 2021; and
B. This Professional Services Project Order (PSPO) # PARKS8; and
This PSPO shall incorporate the terms of all the documents in their entirety. To the extent that
there are any conflicts with provisions of the Master PSA, this PSPO or each other, the provisions
of the Master PSA, then the provisions of this PSPO shall prevail in that order.
Scope of Services: Provide design services for a 100% plan set for a 10’ wide concrete trail from
Luscombe Ln to Leslie Dr. Provide 10% plans for a bridge crossing to Parc Place to include a
survey and hydraulic study.
Schedule of Work and Completion Deadline(s): Work will take approximately 4 months.
Acceptance:
The individuals executing this Agreement on behalf of the respective parties below represent to each other that all
appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do
so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities
required to execute this Agreement in order for the same to be an authorized and binding agreement on the other
party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto
is authorized to do so, and such authorization is valid and effective on the date hereof.
CITY OF ANNA, TEXAS JACOBS
Signature Signature
Ryan Henderson, Interim City Manager Chad St.John, Manager of Projects
Printed Name & Title Printed Name & Title
3.22.203
Date Date
Scope of Services – Luscombe Lane to Leslie Dr
[Document number] 1
1.0 Scope of Services
Overview
Jacobs’ scope of services includes design and construction documents for a trail at Luscombe Lane to
Leslie Dr within The City of Anna. It is our understanding that these projects will run concurrently, and we
will combine meetings to discuss projects simultaneously.
The project will include the following meetings:
1. Project kick-off meeting with the client to confirm project goals, objectives, priorities, schedule of work
and design considerations. Obtain base information files, background studies and other relevant
criteria as provided by the client prior to proceeding with subsequent tasks.
2. Conduct a half-day visual analysis of existing conditions and community characteristics at the project
site. Document summary findings in a photographic collage depicting design influences on a summary
drawing sheet (documentation will happen after the meeting).
3. Attend a meeting with client and stakeholders to discuss preliminary park/trail design criteria, phasing
and related budgets and concepts.
4. Attend bi-weekly virtual meetings with the client for the duration of the project. It is assumed this is a
3 month design process and will include 4 meetings.
Overall Assumptions/Clarifications
Jacobs’ scope is based on the following set of assumptions and clarifications. Additional project specific
assumptions are included within each individual project scope.
1. Written approval of design to be provided by client prior to commencement of construction
documentation. Changes after approval provided requiring a significant re-design shall be considered
additional services and may impact fees and proposed schedule.
2. Additional fees may apply for public meetings and/or presentations.
3. Jacobs assumes The City of Anna will provide existing survey and Geotech files as available.
4. The correction or resolution of erroneous, deficient, or ambiguous easement descriptions is not
included within this scope.
5. The resolution of boundary conflicts or gaps discovered during the survey is not included within this
scope.
6. This scope of work does not include any form of platting or re-platting exercises.
7. This scope does not include the location or identification of trees.
The following sections will break out the scope of services by project.
2.0 Luscombe Lane to Leslie Dr
The City has provided two options for this section of trail.
Option A includes a 0.7 mile section from Luscombe Lane to Leslie Dr, a 0.5
Trail heads and/or site furniture opportunities will be identified on the plans for future pricing purposes.
Scope of Services – Luscombe Lane to Leslie Dr
[Document number] 2
Fees will be determined for each option and one will be chosen by the City for the 10% design process.
Jacobs shall be responsible for undertaking the following the following tasks for the project. Submittals
for all tasks shall include electronic pdf copies (unless otherwise noted).
Topographic Survey
Topographic Survey to include:
Being a portion of (1) common area in the form of a Homeowners Association Lot
located at north of FM 366 and west of Pecan Grove Dr. (W Foster Crossing Rd) situated
in the T Rattan Survey, Abstract #782, the H. Smith Survey, Abstract #823, the R.
Johnson Survey, Abstract #479, the J. Slater Survey, Abstract #868, the E. Shelby Survey,
Abstract #839, and the W. Kitchings Survey, Abstract #505 City of Anna, Collin County,
Texas
Exclusions
• Boundary Survey and mapping of easements from abstracting and / or existing plats
• Topographical Survey not to exceed a limit of 50 foot in width of the proposed trail location.
• Hike and Bike / Trail Easements written not to exceed (3) based on deeds from landowner recordation
and / or platting information found at the time of abstracting.
SCOPE OF SERVICES:
TOPOGRAPHIC SURVEY
Perform a field topographic survey that is in compliant with the standards and specifications of a Category
6, Topographical Survey as defined in the current MANUAL OF PRACTICE for Land Surveying in the State
of Texas, published by the Texas Society of Professional Surveyors.
Unless otherwise specified, the survey will be established using existing physical monumentation to
identify the horizontal and vertical control for the project area. The project will then be adjusted
horizontally to client specifications and vertically to the North American Vertical Datum (NAVD) 88 for
orthometric heights and GEOID 18 for geoidal separations with references to a published benchmark, if
available.
Provide topographic mapping with a minimum of one foot contour intervals depicting, but not limited to,
the following information not to exceed a 50-foot swath for the proposed trail location as shown in the
below Exhibit A’s.
Scope of Services – Luscombe Lane to Leslie Dr
[Document number] 3
Positions and elevations of natural ground features, edge of pavement, curb islands, top back of curb with
flow lines, valley gutters, cross sections of roadways, median openings and intersections of adjacent
streets and roads, top of block wall footings, flow lines, top of bank and toe of slope of creeks, canals, or
ditches; exterior edges of water; sign and fences; and any other above ground visible features.
The location, elevation and description of all surface visible utilities (i.e., manholes including inverts, flow
line elevations and pipe sizes to the best of our abilities as viewed in the field, inlets, fire hydrants, water
valves, street lights, vaults and meter locations).
NOTE: THIS SCOPE DOES NOT INCLUDE THE LOCATION OR IDENTIFICATION OF TREES.
STANDARD LAND SURVEY – CATEGORY 1B
Perform a boundary survey that is in compliant with the standards and specifications of a Category 1B,
Condition II, Standard Land Survey as defined in the current MANUAL OF PRACTICE for Land Surveying in
the State of Texas, published by the Texas Society of Professional Surveyors. A Standard Land Survey is
not for title insuring purposes.
Jacobs will make an independent abstract of title / easement estate through a third-party title company of
ALL subject properties affected by the design of any additional park features and proposed trail locations.
The intent of the abstracting exercise is to map all easements provided from a chain of title to prevent any
encroachment from said design.
LEGAL DESCRIPTION AND EXHIBIT
Perform metes and bounds legal descriptions and graphic exhibits not to exceed (12) legal descriptions
for the purpose of describing the proposed trail locations as a form of an easement for the above-
described properties as specified by the Client. The task will include a boundary survey to locate and verify
the correctness of the physical monumentation in relationship to the deed as indicated in Scope Item B.
The legal description will be prepared based on a field survey of the subject tract of land affected. The
description will meet the current Texas Board of Professional Engineering and Land Surveying Standards
and Procedures of Practice. The description and exhibit will be provided to the Client or Client’s agent to
be included as part of the transfer documents (prepared by others).
EXCLUSIONS:
• The preparation of front-end documents to be negotiated between grantor and grantee are not
included in this scope of service and are to be negotiated between Grantor and Grantee.
• The correction or resolution of erroneous, deficient, or ambiguous easement descriptions is not
included within this scope.
• The resolution of boundary conflicts or gaps discovered during this survey is not included within this
scope.
• This scope of work does not include any form of platting or re-platting exercises.
90% and Final Construction Plan Submittal
1. Grading and drainage plans Plan view with Contours
2. Trail Layout plans
3. Trail Details
Scope of Services – Luscombe Lane to Leslie Dr
[Document number] 4
4. Final draft construction plans (90%) and Project Manual shall be submitted to CITY per the approved
Project Schedule.
5. The ENGINEER will provide a PDF set of plans with the utility conflicts highlighted .
6. Following a 90% construction plan review meeting with the CITY, the ENGINEER shall submit Final
Plans (100%) to the CITY per the approved Project Schedule. Each plan sheet shall be stamped, dated,
and signed by the ENGINEER registered in State of Texas.
7. A Quantity Summary page will be included in both the 90% and 100% design plans. Each design sheet
of the plans shall also include a quantity take off table.
8. The ENGINEER shall submit an estimate of probable construction cost with both the 90% and 100%
design packages. This estimate shall use standard CITY or TxDOT bid items, as applicable.
10% Plan Submittal for Bridge Crossing
Jacobs will provide conceptual layout for a prefabricated bridge crossing across Slater Creek to the north.
Jacobs will review the FEMA flood models provided by the city to evaluate any conflicts, mitigation, or
impacts to the creek. Jacobs will provide a memo of stating future tasks to be completed in order to
construct the trail to the north.
1. Provide preliminary alignment of trail to cross Slater Creek
2. Provide preliminary mass grading to establish bridge elevation for review in the flood modeling
3. Provide Memo of finding for hydraulic analysis of Slater creek.
Assumptions/Clarifications
Jacobs’ scope is based on the following set of assumptions and clarifications:
• Survey scope of work assumes tree survey is not included.
• Floodplain modeling is not included.
• The preferred alignment option will be selected by the City before survey begins.
• Alignment changes after the topographical survey is complete are not included in this scope of
service.
• Meetings and overall assumptions/clarifications are included in section 1.0 of this document.
• Jacobs will not provide structural drawings for bridge crossings within the scope of work.
• City to provide Flood models of Slater Creek
Scope of Services – Luscombe Lane to Leslie Dr
[Document number] 5
3.0 Design Fees
Based on the detailed project scope listed above, Jacobs will complete this work for a lump sum amount
including reimbursable expenses on a per task basis as detailed below, payable in response to monthly
invoices during each task of Jacobs’ work. Reimbursable Expenses are in addition to the compensation for
Professional and Technical services and include the cost incurred by Jacobs on behalf of the project.
The breakdown of the proposed fee is as listed:
Pecan Grove Trail to Taylor Boulevard $114,000.00
- Survey Cost $33,000.00
- Design & Engineering $70,000.00
- Hydraulic Review of Slater Creek $11,000.00
All expenses are included in overall fee and shall include TDLR submittal, survey equipment, and
title extract.
CITY OF ANNA, TEXAS
RESOLUTION NO. _______________
A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A TASK ORDER FOR THE DESIGN OF A NEW HIKE AND
BIKE TRAIL ADJACENT TO THE PECAN GROVE SUBDIVISION IN THE AMOUNT
NOT TO EXCEED ONE HUNDRED FOURTEEN THOUSAND DOLLARS
($114,000.00); AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Pecan Grove Trail Project from Luscombe Lane to Leslie Drive is
identified as a capital improvement project in the City of Anna, Texas as shown in the City
of Anna Parks and Trails Master Plan; and,
WHEREAS, the proposed trail will connect the southwest and northwest portions of the
subdivision and provide for outdoor activities for Anna families and provide for a
connection point to the Park Place Subdivision to the north; and,
WHEREAS, Jacobs Solutions, Incorporated was selected by the City as a consultant for
the Landscape Architecture and Parks Planning Category in the multidisciplinary request
for qualifications process in 2021; and,
WHEREAS, the City has received a scope of services from Jacobs Solutions,
Incorporated as shown in Exhibit A, attached; and,
WHEREAS, the City of Anna 2021 Bond Election included funding for trails as a portion
of Proposition C; and,
WHEREAS, the project funding will come from 2021 Bond Funds in accordance with the
Fiscal Year 2022-2023 Budget; 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 Payment and Funding.
That the City Council of the City of Anna hereby authorizes the City Manager to execute
a Project Specific Purchase Order with Jacobs Solutions, Incorporated, in a form
approved by the City Attorney, in an amount not to exceed $114,000.00 for the design of
the Pecan Grove Trail Project.
That funding for the project shall come from 2021 Bond Funds.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this ___
day of March 2023.
ATTEST: APPROVED:
__________________________ __________________________
City Secretary, Carrie Land Mayor, Nate Pike
Exhibit A