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Home My WebLink AboutCCpkt2023-06-13 AGENDA City Council Work Session Tuesday, June 13, 2023 @ 5:30 PM Anna Municipal Complex - Council Chambers 120 W. 7th Street, Anna, Texas 75409 The City Council of the City of Anna will meet in Closed Session at 5:30 PM, on June 13, 2023, at the Anna Municipal Complex - Council Chambers, to consider the following items. 1. Call to Order, Roll Call, and Establishment of Quorum. 2. Closed Session (Exceptions). Under Tex. Gov't Code Chapter 551, the City Council may enter into Closed Session to discuss any items listed or referenced on this Agenda under the following exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov’t Code §551.071). Public Infrastructure b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov’t Code §551.072). c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov’t Code §551.087). d. Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074). Boards and Commissions 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. 3. 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. 4. 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 a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5:00 p.m. on 06/09/2023. Carrie L. Land, City Secretary AGENDA City Council Meeting Tuesday, June 13, 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 June 13, 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 Spring 2023 Neighbor Academy Graduates. (Assistant to the City Manager Kimberly Winarski) 5. Work Session. a. Zoning Discussion - The Home Depot. (Planning Manager Lauren Mecke) b. Anna Senior Transit Discussion (Economic Development Coordinator Kimberly Garduno) 6. Consent Items. These items consist of non-controversial or "housekeeping" items required by law. Items may be considered individually by any Council Member making such request prior to a motion and vote on the Consent Items. a. Approve the City Council Meeting Minutes for April 23, 2023. (City Secretary Carrie Land) b. Review Minutes of the May 4, 2023, Joint Community Development Corporation and Economic Development Corporation Board Meetings. (Director of Economic Development Joey Grisham) c. Review Minutes of the May 1, 2023 Planning & Zoning Commission Meeting. (Planning Manager Lauren Mecke) d. Approve a Resolution regarding the Prose Town Square, Block A, Lot 1, Final Plat. (Planning Manager Lauren Mecke) e. Approve a Resolution regarding the Anna Station, Block A, Lot 1, Final Plat. (Planning Manager Lauren Mecke) f. Approve a Resolution regarding the Anna Station, Block A, Lot 1, Site Plan. (Planning Manager Lauren Mecke) g. Approve a Resolution regarding the extension request for the One Anna Two, Block B, Lots 1 & 2, Final Plat. (Planning Manager Lauren Mecke) h. Approve a Resolution approving the funding of Fire Department equipment needs related to SCBA replacement airpacks, in an amount not to exceed $96,000. (Fire Chief Ray Isom) i. Approve a Resolution approving a contract with Valley View Consulting for Investment Advisory Services. (Finance Director Alan Guard) j. Approve a Resolution for THI Water Well to perform the installation of new equipment on Well 7. (Interim Director of Public Works Steven Smith). k. Approve a Resolution authorizing the City Manager to execute a Tower Site License Agreement by and between Towerstream Corporation and the City of Anna, Texas for the placement of telecommunications equipment on the existing Hackberry water tower located at 2609 Hackberry Dr. (Interim Director of Public Works Steven Smith) l. Approve a Resolution approving an Amended Economic Development Incentive Agreement between the City of Anna and 3 Nations Brewing Co., LLC. (Director of Economic Development Joey Grisham) 7. Items For Individual Consideration. a. Acting as the Anna Public Facility Corporation Board of Directors, Consider/Discuss/Action on approving a Memorandum of Understanding with JPI Real Estate Acquisition II, LLC for a multifamily project and resolutions authorizing the formation of entities and approving the form and substance of the respective limited liability company agreements. (Director of Economic Development Joey Grisham) b. First reading of a Resolution authorizing the Anna Community Development Corporation to undertake a grant agreement with the Anna Economic Development Corporation for economic development projects. (Director of Economic Development Joey Grisham) c. Second reading of a Resolution authorizing the Anna Community Development Corporation to undertake a grant agreement with the Anna Economic Development Corporation for economic development projects. (Director of Economic Development Joey Grisham) d. Consider/Discuss/Action regarding a Resolution authorizing the Anna Community Development Corporation to undertake a grant agreement with the Anna Economic Development Corporation for economic development projects. (Director of Economic Development Joey Grisham) e. Consider/Discuss/Action on a Resolution approving an Agreement Regarding Services including a plan for municipal services for 2.53± acres of land generally located on the east side of future N. Standridge Boulevard, 705± feet south of W Rosamond Parkway. (Planning Manager Lauren Mecke) f. Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance to annex 2.53± acres of land generally located on the east side of future N. Standridge Boulevard, 705± feet south of W Rosamond Parkway. (Planning Manager Lauren Mecke) g. Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance to amend a Planned Development (Ord. No. 860-2020) to incorporate an additional 2.53± acres of land generally located on the east side of future N. Standridge Boulevard, 705± feet south of W Rosamond Parkway. (Planning Manager Lauren Mecke) h. Consider/Discuss/Action on a Resolution regarding the White Rock Subdivision, Block A, Lots 1 -5, Final Plat. (Planning Manager Lauren Mecke) i. Slayter Creek Park, Henry Clay "Yank" Washington Park, and Natural Springs Park (Interim City Manager Ryan Henderson) I. Consider/Discuss/Action on an Ordinance Amending the FY2023 Park Development Fund budget. II. Consider/Discuss/Action on a Resolution awarding a construction agreement with A&C Construction for improvements to Slayter Creek Park, Henry Clay "Yank" Washington Park and Natural Springs Park. j. Bryant Park (Interim City Manager Ryan Henderson) I. Consider/Discuss/Action on an Ordinance Amending the FY2023 Park Development Fund budget. II. Consider/Discuss/Action on a Resolution authorizing the City Manager to execute a construction agreement with A New Deal, Inc. to install an irrigation system at Bryant Park. k. Consider/Discuss/Action on a Resolution authorizing the City Manager to sign a contract with Brinkley & Barfield for the design of a twelve-inch water line that will be constructed on FM 455 from Cowan Road to County Road 290. (CIP Manager Justin Clay) l. Consider/Discuss/Action authorizing the City Manager to execute a contract with BHC for the engineering design of the Highway 5 Utility Relocation Phase Two Project. (CIP Manager Justin Clay) m. Consider/Discuss/Action on adding local option property tax exemptions for FY2024. (Budget Manager Terri Doby) n. Consider/Discuss/Action on an appointment to fill a vacancy on the Parks Advisory Board. (Interview Committee) 8. Closed Session (Exceptions). Under Tex. Gov't Code Chapter 551, the City Council may enter into Closed Session to discuss any items listed or referenced on this Agenda under the following exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov’t Code §551.071). Public Infrastructure b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov’t Code §551.072). c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov’t Code §551.087). d. Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074). Boards and Commissions The Council further reserves the right to enter into Executive Session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 9. Consider/Discuss/Action on any items listed on any agenda - work session, regular meeting, or closed session - that is duly posted by the City of Anna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. 10. Adjourn. This is to certify that I, Carrie L. Land, City Secretary, posted this Agenda on the City’s website (www.annatexas.gov) and at the Anna Municipal Complex bulletin board at or before 5:00 p.m. on 06/09/2023. ________________________________ Carrie L. Land, City Secretary Item No. 4.a. City Council Agenda Staff Report Meeting Date: 6/13/2023 Staff Contact: Kimberly Winarski AGENDA ITEM: Recognition of Spring 2023 Neighbor Academy Graduates. (Assistant to the City Manager Kimberly Winarski) SUMMARY: This report is to recognize the 11 graduates of the 3rd Neighbor Academy cohort. FINANCIAL IMPACT: N/A BACKGROUND: For the first time this Spring, we have offered Neighbor Academy as a daytime, spring version. Anna's Neighbor Academy is a program designed for neighbors to learn more about the city and ways to become more involved in local government. Each cohort includes neighbors who are either new to civic engagement or have been actively volunteering in their neighborhood or with the city. This ten-session academy takes neighbors “behind the scenes” of City operations, programs, and initiatives. Participants are also empowered to take action by planning and completing a community service project at the end of the program. 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: 6/13/2023 Staff Contact: Lauren Mecke AGENDA ITEM: Zoning Discussion - The Home Depot. (Planning Manager Lauren Mecke) SUMMARY: Discuss and provide direction on potential considerations to modify existing Planned Development standards to accommodate the Home Depots development request. FINANCIAL IMPACT: This item is a workshop item, therefore it has no financial impact. BACKGROUND: Home Depot is looking to develop a 136,000 square foot store and associated site improvements on a tract of land that has existing Planned Development (PD) zoning that was established in 2014 (Ord. No. 648-2014). Some of the Development Standards within the PD include: ▪ Parking for retail uses: 4/1,000 sq.ft. (minimum) ▪ Outdoor display area (Garden Centers) o An outdoor display area (garden centers) may not exceed twenty-five percent (25%) of the adjoining building size. o The outdoor display area shall be enclosed by a 4' masonry wall with decorative ornamental iron fencing above, to not be less than eight feet (8') total in height. o Height of materials being screened must be lower than the screening fencing. o Landscaping shall be planted along the exterior side of any outdoor display area and maintained at a height of 3 feet along the front and Landscaping shall be planted on the side of any outdoor display area and maintained at a height of 6 feet. The Home Depot representatives would like to discuss their proposed development and the site constraints the existing zoning standards place on their conceptual layout. Attached is a narrative provided by the project representative along with plans showing the conceptual development layout and building architecture. STRATEGIC CONNECTIONS: This item is a workshop item, therefore it has no strategic connection. ATTACHMENTS: 1. HD Anna TX_Project Narrative and Amendment Request_05-30-2023_R 2. HD Anna TX_Site Plan_05-30-2023 3. HD Anna TX_Sign Exhibit_05-30-2023 4. HD Anna TX_Architectural Renderings_05-30-2023 5. Ord. No. 648-2014 kimley-horn.com 11720 Amber Park Drive, Suite 600, Alpharetta, GA 770 619 4280 MEMORANDUM To: City of Anna, Planning Department 120 W. 7th St. Anna, TX 75409 From: Jordan Corbitt, P.E. Kimley-Horn and Associates, Inc. Date: May 30, 2023 Subject: Anna Town Center, Blk A, Lt 6R - SEC of US HWY 75 frontage road and Hackberry Dr- PD Amendment Application The Home Depot – Anna, TX Kimley-Horn and Associates respectfully submits this Application for a Planned Development (PD) Amendment to the Planning Department on behalf of The Home Depot. This PD Amendment substantially conforms with the Ordinance No. 648-2014 and THOR Thoroughfare Overlay District which allows for the parcel development of a new home improvement store. Site Development The proposed site is approximately 13 acres located at the northern end of the Anna Town Center Master Development. The Home Depot Store will front US Highway 75 Access Road located to the west. Hackberry Drive is located along the north side of the property and South Throckmorton Street runs along the eastern perimeter of the parcel. There are currently two outparcels shown within the Home Depot property area. Building Architecture The Home Depot is currently proposing a Building Area totaling 135,671 square feet. This area will include a new building with 106,270 square feet providing sales floor, stock storage and customer entry vestibule area. The store will also include a 28,118 square feet outdoor Garden Center and 1,283 square feet of customer vestibule area. The THOR Overlay District requires the building to be 100% masonry, therefore Home Depot will provide a concrete building with a mixture of smooth and textured concrete for interest. The building also includes details such as split-faced CMU and is articulated with a steel awning at the store entry. Page 2 kimley-horn.com 11720 Amber Park Drive, Suite 600, Alpharetta, GA 770 619 4280 Garden Center The Garden Center is located at the north side of the building along Hackberry Drive and is a 28,118 square foot enclosed outdoor space. Per the PD ordinance, the Garden Center can only be 25% (26,972 SF) of the adjoining building. However, The Home Depot’s prototypical Garden Center Design is 28,216 SF which is approximately 26% of the adjoining building. Therefore, an additional 1,244 SF (26.25%) is requested. The PD ordinance also stipulates the Garden Center be enclosed by a four-foot masonry wall with an eight-foot decorative metal fence. The Home Depot requests an allowance for the enclosure design to have masonry columns in lieu of the four-foot masonry wall. In addition to the Garden Center enclosure requirements, the PD ordinance requires outdoor display areas to be screened by landscape along the exterior side of the enclosure. The Home Depot requests an allowance to provide seasonal landscape and plant display areas in lieu of permanent landscape area along front and side of the Garden Center. Site Access and Parking Requirement The site will be accessed by way of a main drive off of US 75 Highway Access Drive. This proposed drive will be a right in/right out drive. There will be additional access drives located on the north side of the store and behind the store to the east. One full access drive is proposed along Hackberry Drive and two full access drives are proposed along Throckmorton Drive. The access drives along Throckmorton provide a separate entry for service trucks, delivery and lumber/material pickup. This drive will be screened by a 20’ landscape buffer. The main parking field is located in front of the home improvement store and secondary parking areas are located on the north side of the building in close proximity to the Garden Center, east side of the building along Throckmorton, and on the south side of the building adjacent to the Tool Rental Center. The majority of the parking spaces in front of the building with 356 spaces in the front parking field with (2) two spaces dedicated for Veteran parking, (8) eight spaces dedicated to Pro parking and (4) four spaces for online fulfillment. Accessible parking will be consolidated to the (6) six spaces closest to the main entry to meet current Texas Accessibility Standards (TAS). The PD ordinance currently requires 4 space per 1000 SF of building proposed resulting in 539 spaces required with the proposed building. The proposed site plan provides a total of 528 spaces, however, 81 of the total spaces will be allocated for accessory/non-parking uses such as display area, loading and seasonal sales; therefore, these areas are not considered in the proposed parking counts. Parking reductions onsite will be necessary to accommodate the accessory/non-parking uses. The Home Depot has utilized their internal parking utilization model which evaluates parking needs based off anticipated store revenue at full store maturity (4+ years in operation) and has determined that only 409 parking spaces are needed to meet the anticipated demand. The proposed parking for the site will still provide more than The Home Depot will need to accommodate customers and perform store operations. Page 3 kimley-horn.com 11720 Amber Park Drive, Suite 600, Alpharetta, GA 770 619 4280 Signage According to the PD ordinance the maximum area allowed per pole sign is 200 SF. The prototypical Home Depot pylon sign is 14’x14’ (196 SF) and will be 35’ in height. Therefore, Home Depot’s current prototypical pylon sign meets the Sign Regulations set forth in Part III-D of Anna City Code of Ordinances and is within the current zoning allowance. Shopping Center Pylon A. Shopping Center Pylon Sign = 196 sf B. Shopping Center Monument Sign = 80 sf Conclusion / Summary of requested PD Amendments A summary of the requested changes to the existing PD zoning is as follows: 1) Garden Center area can only by 25% of the adjoining building. o We are requesting an additional 1,244 S.F. allowance for the Garden Center standard footprint. Allowable = 26,972 S.F. (25%); Proposed = 28,216 S.F. (26.25%) 2) Garden Center screening 3’ front and 6’ side around outdoor display area o HD will provide seasonal landscape and plant display areas in lieu of permanent landscape area along front and side of Garden Center 3) Parking Requirements = 4/1000 S.F. minimum o Required= 539 stalls; Proposed = 447 stalls => -92 stalls (quantities do not include seasonal displays) We appreciate your time and consideration of the approval for this PD Amendment and look forward to bringing The Home Depot to the Anna Community. For any questions or request for additional details, please contact Jordan Corbitt via phone (770) 545-6103 or by email at: Jordan.Corbitt@kimley-horn.com Sincerely, FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLVANXXFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLVANXXUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPYIELDYIELD YIELDYIELD STOPSTOPSTOPSTOPSTOP STOPSTOP STOPSTOP STOPSTOPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPSSSS SSSS SSSS SSSS SSSS SSSS SSSSOHPOHPOHPOHPOHPOHPOHPOHP OHP OHPOHPSTOPSTOP US HIGHWAY 75US HIGHWAY 75 ACCESS ROADSOUTH THROCKMORTON STREETHACKBERRY DRIVE HACKBERRY DRIVE25' FRONTBUILDING SETBACK25' FRONT BUILDING SETBACK20' LANDSCAPE BUFFER69'DEVELOPEROUTPARCEL 148,098 SF(1.10 AC)178'DEVELOPEROUTPARCEL 289,252 SF(2.05 AC)245'447'(435' MIN. TXDOT SPACING)THE HOME DEPOT PARCEL532,853 SF (12.23 AC)OUTPARCEL 126,836 SF(0.62 AC)OUTPARCEL 232,415 SF(0.74 AC)SHED DISPLAY1,600 SF10' UTILITYEASEMENTHD RENTALEQUIPMENT (10)TRAILERDISPLAY (8)EXISTINGACCESS DRIVEPOTENTIALACCESSDRIVE20' UTILITYEASEMENT20' UTILITYEASEMENTCURBSIDEPICKUP (4)LOAD-N-GO (2)HD TRUCKRENTAL (3)FRONT FIELD: 365 SPACESTOTAL PARKING: 446 SPACESPOTENTIALACCESS DRIVEVETERANPARKING (2)SEASONALSALES AREA(16,282 SF)PROPOSEDRI/RO DRIVEPROPOSED FULLACCESS DRIVEPROPOSED FULLACCESS DRIVEPROPOSEDFULLACCESSDRIVEPROPOSED FULLACCESS DRIVER50'12'12'12'50' FRONT BUILDING SETBACK25' FRONT BUILDING SETBACK50' FRONT BUILDING SETBACK484'TEMPORARY GCSTAGING INSTALLSOUTDOOR STAGING (1,549 SF)40'25'20'25'40'25'40'25'40'25'40'25'40'25'40'25'40'25'10' 10' 10'25'20'25'40'25'40'25'20'25'10'10'25'25'30' 30' 5'1' 5' 1'5' WIDE SIDEWALK LOCATED1' INSIDE PROPERTY LINE5' WIDE SIDEWALK LOCATED1' INSIDE PROPERTY LINE20' LANDSCAPE BUFFER20' LANDSCAPE BUFFER20' LANDSCAPE BUFFER20' LANDSCAPE BUFFER20' 22' 20'PROPOSEDHD PYLONSIGNFUTURE FULL ACCESSDRIVE CONNECTIONEXISTING RI/RO DRIVE20'25'25'10'25'PLANTTABLE (TYP.)LOADING PADOUTDOOR PICKUP LOCKERSOUTDOOR STORAGE &DISPLAY AREA (TYP.)PROPANESALES AREATRC ENCLOSURE(886 SF)TRC (2,465 SF)REAR CANTILEVERRACKROLL-UP DOORREAR STAGINGAREA (TYP.)PROPANE CAGEGENERATORTRANSFORMERCOMPACTORLOADINGDOCKLUMBERCANOPYLUMBERPADTHE HOME DEPOTVERIFY ACTUAL BLDG. AREA WITH ARCHITECTURAL BLDG. PLANFFE = 722.00GARDENCENTER28,118 SFBUILDING 106,270 S.F.VESTIBULES 1,283 S.F.EXT. ELECTRICAL 342 S.F.GARDEN CENTER28,118 S.F. 136,014 S.F.CARTSPROPARKING (8)5'16.6'NO BUILD EASEMENT FOR60' CLEAR ZONE FORHOME DEPOT BUILDING20'±4.5% SLOPE25'25'10'20'40'10'40' 25'OUTDOOR STAGING (784 SF)25'25'45'STOPSTOP25'154.3'STOPSTOP36'SITE AREATHE HOME DEPOT PARCEL12.23 AC532,853 SFOUTPARCEL 10.62 AC26,836 SFOUTPARCEL 20.74 AC32,415 SF TOTAL THD SITE AREA13.59 AC592,104 SFDEVELOPER OUTPARCEL 1 1.10 AC48,098 SFDEVELOPER OUTPARCEL 22.05 AC 89,252 SFSHOPPING CENTER PARCEL84.24 AC3,669,147 SF TOTAL SITE AREA100.98 AC4,398,601 SFBUILDING AREATHE HOME DEPOT106,270 SFGARDEN CENTER28,118 SFVESTIBULES1,283 SF TOTAL THD AREA135,671 SFPARKING REQUIREDTHE HOME DEPOT4 / 1,000 SF426 STALLSGARDEN CENTER4 / 1,000 SF113 STALLS TOTAL HD PARKING 539 STALLSPARKING PROVIDEDFRONT FIELD365 STALLSSIDE FIELD / REAR81 STALLS TOTAL THD PARKING 446 STALLSINCLUDED IN PARKING PROVIDEDACCESSIBLE STALLS (9 REQ @ 401-500)10 STALLSPRO PARKING8 STALLSVETERAN PARKING2 STALLSONLINE PARKING4 STALLSNOT INCLUDED IN PARKING PROVIDEDLOAD-N-GO2 STALLSTHD TRUCK RENTAL3 STALLSTRAILER DISPLAY8 STALLSSHED DISPLAY 1,600 SF0 STALLSTHD EQUIPMENT RENTAL10 STALLSSEASONAL SALES AREA 16,282 SF48 STALLSCART CORRALS10 STALLSACCESSORY PARKING NOT INCLUDED 81 STALLS TOTAL THD PARKING PROVIDED528 STALLSZONING CLASSIFICATIONJURISDICTIONCITY OF ANNAZONING CLASSIFICATIONIDENTIFICATION (PD-C)THD USE PERMITTED BY RIGHTYESOUTDOOR STORAGE/DISPLAY PERMITTED BY RIGHTYESBULK REGULATIONSREQUIREDPROVIDEDMIN. FRONT SETBACK (BLDG.)50'330'MIN. FRONT SETBACK (BLDG.)25'25'MIN. SIDE SETBACK (BLDG.)10'10'MIN. REAR SETBACK (BLDG.)10'N/AMIN. LANDSCAPE BUFFER (FRONT) 20'20'MIN. LANDSCAPE BUFFER (SIDE)0'5'MAX. IMPERVIOUS COVERAGESILENTTBDMAX. BUILDING COVERAGE70%TBDMAX. BUILDING HEIGHT60'24'MIN. PRKG STALL SIZE180 SF200 SF (10'x20')NOTES:1.SITE PROPERTY BOUNDARY IS BASED ON SITE PLAN,PROVIDED BY STEVECO COMMERCIAL REAL ESTATE.THE HOME DEPOTANNA, TXSOUTH THROCKMORTON STREETHACKBERRY DRIVETX - SITE PLAN 12DRAWING ISSUE DATE05.30.2023HD SITE SELECTION NUMBERSS-02879.2002PROJECTSITESCALE: 1"=40"NON-PROTOTYPICAL MODIFICATIONS·NON-PROTOTYPICAL CONCRETE LUMBER PADSHAPE/DIMENSIONS.·GC LOADING PAD IN REAR.·STORE USE PROPANE CAGE LOCATION.·INTERIOR ELEC. ROOM.·TRANSFORMER AND GENERATOR ON SIDE OF BUILDING.·10' x 20' PARKING STALLS.TRAFFIC FLOW LEGENDTHD TRAFFIC FLOW INTHD TRAFFIC FLOW OUTTHD GOODS TRAFFIC FLOW FLFLFLFLFLFLFLFLFL FLFLFLFLFLVANS FL FLFLFL FLZONE A (1% ANNUAL CHANCE FLOOD PLAIN) ZONE A (1% ANNUAL CHANCE FLOOD PLAIN)EYIELDYIELDEYIELDYIELDFUELSTATION1,440 S.F.FFE = 700.00UGT UGT UGT UGT UGT UGT UGT UGT GAS GAS GAS EE FLFLFLFLFLFLFLFLFLFL FLFLFLFLFLVANS FL FLFLFL FLZONE A (1% ANNUAL CHANCE FLOOD PLAIN) ZONE A (1% ANNUAL CHANCE FLOOD PLAIN)EYIELDYIELDEYIELDYIELDFUELSTATION1,440 S.F.FFE = 700.00UGT UGT UGT UGT UGT UGT UGT UGT GAS GAS GAS EE FLUGPUGPUGPUGPUGPUGPUGPUGPYIELDYIELD YIELDYIELD STOPSTOPSTOPSTOPSTOP STOPSTOP STOPSTOPSTOPSTOPOHPOHPOHPOHPOHPOHP SSSS SSSS SSSSSSSSSSSSSSSSSSSSSSSSSSSS SSSSSSSSSTOPSTOPUS HIGHWAY 75US HIGHWAY 75 ACCESS ROADUS HIGHWAY 75 ACCESS ROADSOUTH THROCKMORTON STREETHACKBERRY DRIVEPROPOSEDRI/RODRIVEPROPOSED FULLACCESS DRIVEPROPOSEDFULLACCESSDRIVEPROPOSEDFULLACCESSDRIVEEXISTING NONSIGNALIZEDINTERSECTIONEXISTINGSIGNALIZEDINTERSECTIONWALMART DRW WHITE STREETW WHITE STREETPROPOSED FULLACCESS DRIVEFUTUREFULLACCESSDRIVECONNECTIONEXISTING RI/RO DRIVEEXISTINGSIGNALIZEDINTERSECTIONTHE HOME DEPOTVERIFY ACTUAL BLDG. AREA WITH ARCHITECTURAL BLDG. PLANFFE = 722.00GARDENCENTER28,118 SFBUILDING 106,270 S.F.VESTIBULES 1,283 S.F.EXT. ELECTRICAL 342 S.F.GARDEN CENTER28,118 S.F. 136,014 S.F.±4.5% SLOPESTOPSTOPSTOPSTOPSITE AREATHE HOME DEPOT PARCEL12.23 AC532,853 SFOUTPARCEL 10.62 AC26,836 SFOUTPARCEL 20.74 AC32,415 SF TOTAL THD SITE AREA13.59 AC592,104 SFDEVELOPER OUTPARCEL 1 1.10 AC48,098 SFDEVELOPER OUTPARCEL 22.05 AC 89,252 SFSHOPPING CENTER PARCEL84.24 AC3,669,147 SF TOTAL SITE AREA100.98 AC4,398,601 SFBUILDING AREATHE HOME DEPOT106,270 SFGARDEN CENTER28,118 SFVESTIBULES1,283 SF TOTAL THD AREA135,671 SFPARKING REQUIREDTHE HOME DEPOT4 / 1,000 SF426 STALLSGARDEN CENTER4 / 1,000 SF113 STALLS TOTAL HD PARKING 539 STALLSPARKING PROVIDEDFRONT FIELD365 STALLSSIDE FIELD / REAR81 STALLS TOTAL THD PARKING 446 STALLSINCLUDED IN PARKING PROVIDEDACCESSIBLE STALLS (9 REQ @ 401-500)10 STALLSPRO PARKING8 STALLSVETERAN PARKING2 STALLSONLINE PARKING4 STALLSNOT INCLUDED IN PARKING PROVIDEDLOAD-N-GO2 STALLSTHD TRUCK RENTAL3 STALLSTRAILER DISPLAY8 STALLSSHED DISPLAY 1,600 SF0 STALLSTHD EQUIPMENT RENTAL10 STALLSSEASONAL SALES AREA 16,282 SF48 STALLSCART CORRALS10 STALLSACCESSORY PARKING NOT INCLUDED 81 STALLS TOTAL THD PARKING PROVIDED528 STALLSZONING CLASSIFICATIONJURISDICTIONCITY OF ANNAZONING CLASSIFICATIONIDENTIFICATION (PD-C)THD USE PERMITTED BY RIGHTYESOUTDOOR STORAGE/DISPLAY PERMITTED BY RIGHTYESBULK REGULATIONSREQUIREDPROVIDEDMIN. FRONT SETBACK (BLDG.)50'330'MIN. FRONT SETBACK (BLDG.)25'25'MIN. SIDE SETBACK (BLDG.)10'10'MIN. REAR SETBACK (BLDG.)10'N/AMIN. LANDSCAPE BUFFER (FRONT) 20'20'MIN. LANDSCAPE BUFFER (SIDE)0'5'MAX. IMPERVIOUS COVERAGESILENTTBDMAX. BUILDING COVERAGE70%TBDMAX. BUILDING HEIGHT60'24'MIN. PRKG STALL SIZE180 SF200 SF (10'x20')NOTES:1.SITE PROPERTY BOUNDARY IS BASED ON SITE PLAN,PROVIDED BY STEVECO COMMERCIAL REAL ESTATE.THE HOME DEPOTANNA, TXSOUTH THROCKMORTON STREETHACKBERRY DRIVETX - SITE PLAN 12DRAWING ISSUE DATE05.30.2023HD SITE SELECTION NUMBERSS-02879.2002PROJECTSITESCALE: 1"=120"NON-PROTOTYPICAL MODIFICATIONS·NON-PROTOTYPICAL CONCRETE LUMBER PADSHAPE/DIMENSIONS.·GC LOADING PAD IN REAR.·STORE USE PROPANE CAGE LOCATION.·INTERIOR ELEC. ROOM.·TRANSFORMER AND GENERATOR ON SIDE OF BUILDING.·10' x 20' PARKING STALLS.TRAFFIC FLOW LEGENDTHD TRAFFIC FLOW INTHD TRAFFIC FLOW OUTTHD GOODS TRAFFIC FLOW JAS 05/25/23 TBD THD-ANNA TX #TBD-SIGN EXHIBIT ANNA, TEXAS THE HOME DEPOT KEVIN CRAMER SOUTH THROCKMORTON BLVD & HACKBERRY DRIVE - ANNA , TEXAS 75409 PAGE 1 SITE PL AN 30” GARDEN CENTER LED CHANNEL LETTERS30” GARDEN CENTER LED CHANNEL LETTERS30” GARDEN CENTER LED CHANNEL LETTERS 30” LUMBER LED CHANNEL LETTERS30” LUMBER LED CHANNEL LETTERS30” LUMBER LED CHANNEL LETTERS 36” TOOL RENTAL LED SIGN36” TOOL RENTAL LED SIGN36” TOOL RENTAL LED SIGN THD 14’ X 14’ PYLON @ 35’ OAH THD 14’ X 14’ PYLON @ 35’ OAH THD 14’ X 14’ PYLON @ 35’ OAH 72” THE HOME DEPOT LED CHANNEL LETTERS72” THE HOME DEPOT LED CHANNEL LETTERS72” THE HOME DEPOT LED CHANNEL LETTERS ENTRANCE CLEARANCE PANEL (NON-ILLUMINATED)ENTRANCE CLEARANCE PANEL (NON-ILLUMINATED)ENTRANCE CLEARANCE PANEL (NON-ILLUMINATED) EXIT CLEARANCE PANEL (NON-ILLUMINATED)EXIT CLEARANCE PANEL (NON-ILLUMINATED)EXIT CLEARANCE PANEL (NON-ILLUMINATED) SIGN LEGEND A F B G C H D I E 12” X 12” NEW TOOL RENTAL STORE HOUR SIGN12” X 12” NEW TOOL RENTAL STORE HOUR SIGN12” X 12” NEW TOOL RENTAL STORE HOUR SIGN 12” X 12” NEW TOOL RENTAL ENRANCE SIGN12” X 12” NEW TOOL RENTAL ENRANCE SIGN12” X 12” NEW TOOL RENTAL ENRANCE SIGN A DB E C F I GH JAS 05/25/23 TBD THD-ANNA TX #TBD-SIGN EXHIBIT ANNA, TEXAS THE HOME DEPOT KEVIN CRAMER SOUTH THROCKMORTON BLVD & HACKBERRY DRIVE - ANNA , TEXAS 75409 PAGE 2 FRONT ELEVATION - WESTFRONT ELEVATION - WEST RIGHT ELEVATION - SOUTHRIGHT ELEVATION - SOUTH LEFT ELEVATION - NORTHLEFT ELEVATION - NORTH CANOPY CLEARANCE SIGNS (NON-ILLUMINATED) 30 SQUARE FEET CANOPY CLEARANCE SIGNS (NON-ILLUMINATED) 30 SQUARE FEET 20’- 0” 20’- 0” 1’- 6” 1’- 6” 8” 8” 30” CHANNEL LETTERS 34 SQUARE FEET 13’- 7 7/16” 2’- 6”6’- 0” 72’- 11 13/16” 72” CHANNEL LETTERS 437.91 SQUARE FEET 2’- 6” 28’- 9” 30” CHANNEL LETTERS 41.27 SQUARE FEET 3’- 0”1’- 10 3/4” 3’- 0”8’- 1 1/8” 11’- 6” 36” LOGO W/ LETTERS 34.5 SQUARE FEET A A B B C G G C D H D E 12” 12” F 12” 12” E F H JAS 05/25/23 TBD THD-ANNA TX #TBD-SIGN EXHIBIT ANNA, TEXAS THE HOME DEPOT KEVIN CRAMER SOUTH THROCKMORTON BLVD & HACKBERRY DRIVE - ANNA , TEXAS 75409 PAGE 3 STEEL STRUCTURE & CONCRETE FOUNDATIONS: STEEL STRUCTURE & CONCRETE FOUNDATIONS: -Sized Within Accordance With Local Wind Load & Other-Sized Within Accordance With Local Wind Load & Other Requirements. Requirements. -Must be Approved By Atlantic / SSC Constr uction.-Must be Approved By Atlantic / SSC Constr uction. -All Exposed Steel Must Be Painted Polyurethane Gloss Black.-All Exposed Steel Must Be Painted Polyurethane Gloss Black. -If Pole Covers are Required Access Must Be Provided Without-If Pole Covers are Required Access Must Be Provided Without the Removal of Sign Faces. the Removal of Sign Faces. ELECTRICAL SPECIFICATIONS:ELECTRICAL SPECIFICATIONS: -277 Volts-277 Volts -20 Amp Primar y Power to be Privided By Others to Within -20 Amp Primar y Power to be Privided By Others to Within 6’- 0” (72”) of Sign Location. General Contractor and/or 6’- 0” (72”) of Sign Location. General Contractor and/or Electrician to Coordinate with Sign Contractor the Exact Electrician to Coordinate with Sign Contractor the Exact Location Before Sign Placement. Final Connection to Primar y Location Before Sign Placement. Final Connection to Primar y Power by Sign Contractor. Power by Sign Contractor. STEEL STRUCTURE & CONCRETE FOUNDATIONS: -Sized Within Accordance With Local Wind Load & Other Requirements. -Must be Approved By Atlantic / SSC Constr uction. -All Exposed Steel Must Be Painted Polyurethane Gloss Black. -If Pole Covers are Required Access Must Be Provided Without the Removal of Sign Faces. ELECTRICAL SPECIFICATIONS: -277 Volts -20 Amp Primary Power to be Privided By Others to Within 6’- 0” (72”) of Sign Location. General Contractor and/or Electrician to Coordinate with Sign Contractor the Exact Location Before Sign Placement. Final Connection to Primar y Power by Sign Contractor.21’- 0”21’- 0”21’- 0” 35’- 0”35’- 0” OVERALLOVERALL HEIGHTHEIGHT 35’- 0” OVERALL HEIGHT 2’- 0”2’- 0”2’- 0” 13’- 0”13’- 0”13’- 0” METAL NEMA WEATHER PROOFMETAL NEMA WEATHER PROOF BOX HOUSES ALL POWER SUPPLIESBOX HOUSES ALL POWER SUPPLIES (Number of power supplies varies)(Number of power supplies varies) METAL NEMA WEATHER PROOF BOX HOUSES ALL POWER SUPPLIES (Number of power supplies varies) JUNCTION BOX FOR FINALJUNCTION BOX FOR FINAL CONNECTION OF LEDs TOCONNECTION OF LEDs TO EXTERNAL ELECTRIC POWEREXTERNAL ELECTRIC POWER JUNCTION BOX FOR FINAL CONNECTION OF LEDs TO EXTERNAL ELECTRIC POWER SIGN CABINET: SIGN CABINET: -Frame is 2” x 2” x 16 Gauge Square Tube Steel Frame w/-Frame is 2” x 2” x 16 Gauge Square Tube Steel Frame w/ 2” x 2” x 3/16” Steel Angle. 2” x 2” x 3/16” Steel Angle. -Filler is .063 Exterior Aluminum Painted Polyurethane Gloss Black-Filler is .063 Exterior Aluminum Painted Polyurethane Gloss Black -Retainer is .063 Aluminum (4” Face Side-4” Return Side) Painted-Retainer is .063 Aluminum (4” Face Side-4” Return Side) Painted Polyurethane Gloss Black Polyurethane Gloss Black -Faces are 3M Panagraphics III Flexible Substrate w/ 3M 3630-44-Faces are 3M Panagraphics III Flexible Substrate w/ 3M 3630-44 Orange Vinyl First Sur face (White Copy Weeded Out) & 3M 3660M Orange Vinyl First Sur face (White Copy Weeded Out) & 3M 3660M Matt Over Laminate. For Printed Graphics Contact a 3M MCS Matt Over Laminate. For Printed Graphics Contact a 3M MCS Warranty Printer Certified For Flex-Face Printing. Warranty Printer Certified For Flex-Face Printing. -Illumination by GE Powerstrip LEDs Mounted on Ver tical Rails.-Illumination by GE Powerstrip LEDs Mounted on Ver tical Rails. -Power Supplies are GE.-Power Supplies are GE. SIGN CABINET: -Frame is 2” x 2” x 16 Gauge Square Tube Steel Frame w/ 2” x 2” x 3/16” Steel Angle. -Filler is .063 Exterior Aluminum Painted Polyurethane Gloss Black -Retainer is .063 Aluminum (4” Face Side-4” Return Side) Painted Polyurethane Gloss Black -Faces are 3M Panagraphics III Flexible Substrate w/ 3M 3630-44 Orange Vinyl First Sur face (White Copy Weeded Out) & 3M 3660M Matt Over Laminate. For Printed Graphics Contact a 3M MCS Warranty Printer Certified For Flex-Face Printing. -Illumination by GE Powerstrip LEDs Mounted on Ver tical Rails. -Power Supplies are GE. PRIMARY ELECTRICAL POWER (by others)PRIMARY ELECTRICAL POWER (by others)PRIMARY ELECTRICAL POWER (by others) 14’- 0”14’- 0”14’- 0” 14’- 0”14’- 0”14’- 0” I MG2 CORPORATION 2022 BUILDING DESIGN PRESENTATION ANNA, TX 05 . 19 . 2023 N PERSPECTIVE - ENTRY MG2 CORPORATION 2022 BUILDING DESIGN PRESENTATION ANNA, TX 05 . 19 . 2023 N PERSPECTIVE - GARDEN CENTER MG2 CORPORATION 2022 BUILDING DESIGN PRESENTATION ANNA, TX 05 . 19 . 2023 N PERSPECTIVE - LUMBER T.O. SLAB 100'-0" T.O. ENTRY PIERS 134'-6" T.O.P. AT ENTRY 137'-0" CNC-1 P-1 CF-4 CNC-1 P-4 CNC-1 P-6 FNC-2 CNC-1 P-6 FNC-2 56 9 13 6 6 6 FNC-2 CNC-1 P-3 CNC-1 P-6 T.O.P. FRONT 132'-0" T.O. PIERS 120'-6" B.O. BAND 118'-6" CNC-1 P-4 5 CNC-1 P-3X STL-1 P-5 STL-1 P-5 T.O. SLAB 100'-0" CNC-1 P-3 P-3 P-3 T.O. GC FENCE 120'-0" T.O. SLAB 100'-0" MTL-1 C-2 CNC-1 P-4 CNC-1 P-6 T.O.P. FRONT 132'-0" CMU-1 CF-4 B.O. BAND 118'-6" CNC-1 P-1 CNC-1 P-3X CMU -1 T.O. SLAB 100'-0" MTL-1 C-2 P-5 CNC-1 P-4 TAN FNC-2FNC-1GREY T.O.P. FRONT 132'-0" T.O. PIERS 120'-6" B.O. BAND 118'-6" 9CMU-1 CNC-1 STL-1 P-5 CNC-1 P-4 CNC-1 P-3 © MulvannyG2 Architecture: All rights reserved. No part of this document may be reproduced in any form or by any means without permission in writing from MulvannyG2 Architecture. ANNA, TX COLOR ELEVATIONS 05/18/2023 HDPCR0701 SCALE |1" = 40'-0" exterior elevation - front1 MARK COLOR C-2 "SNOWDRIFT WHITE" (RAL 9003) C-3 SANDSTONE (A-06) C-4 GALVALUME C-5 "DARK COOL GRAY" (RAL 7045) SCALE |1" = 40'-0" exterior elevation - rear2 SCALE |1" = 40'-0" exterior elevation - trc3 materials paint coatings keyed notes 1 ALUMINUM STOREFRONT FRAMING, CLEAR ANODIZED FINISH 2 STEEL OVERHEAD COILING DOOR WITH PERFORATED SLATS. 3 AUTOMATIC SLIDING DOOR, CLEAR ANODIZED FINISH 5 6'x10' AMERICAN FLAG ON GROUND MOUNTED 40' ALUMINUM POLE. 6 INTERNALLY ILLUMINATED SIGN BOX. COLOR TO MATCH P-1 7 WALL MOUNTED LIGHT FIXTURE, WALL WASH TYPE 8 WALL MOUNTED LIGHT FIXTURE 9 BIKE RACK WITH GALVANIZED FINISH. 10 THROUGH WALL EMERGANCY OVERFLOW. 11 FASCIA BY GARDEN CENTER SUPPLIER SCALE |1" = 40'-0" exterior elevation - garden center4 NOTE: TILT CONCRETE PANEL JOINTS SHOWN MARK COLOR P-1 HOME DEPOT ORANGE P-2 WHITE P-3 ANEW GRAY P-3X ANEW GRAY TEXTURED P-4 NATURAL TAN P-5 BRONZE P-6 PEDIMENT P-7 GRAY (INTERIOR) P-8 TRAFFIC YELLOW P-10 BLACK MARK DESCRIPTION CFL-2 FORMLINER ON CONCRETE TILT PANEL - SPEC FORMLINERS #1267 - 8" WOODGRAIN PLANK SHIP LAP CMU-1 SPLIT FACE CMU - SAHARA BROWN CNC-1 CONCRETE TILT PANEL WITH SMOOTH FINISH CNC-2 POURED IN-PLACE CONCRETE WITH SMOOTH FINISH MTL-1 METAL ROOF PANELS MTL-3 METAL COPING CAP SDG-1 FIBER CEMENT SIDING - HARDIPLANK 8" LAP SIDIING STL-1 STRUCTURAL STEEL MG2 CORPORATION 2022 EXTERIOR ELEVATIONS ANNA, TX 05 . 19 . 2023 Item No. 5.b. City Council Agenda Staff Report Meeting Date: 6/13/2023 Staff Contact: Kimberly Garduno AGENDA ITEM: Anna Senior Transit Discussion (Economic Development Coordinator Kimberly Garduno) SUMMARY: Staff will provide a presentation discussing the implementation of a transit program for seniors and individuals with disabilities in Anna. FINANCIAL IMPACT: This item has no financial impact at this time. BACKGROUND: Over the past several years, Anna neighbors have reached out to city staff and elected officials expressing concern about the lack of affordable transportation services for medical appointments for senior and disabled residents. On March 10, 2023, the City Manager issued a memo to City Council summarizing the background and regional implications of implementing a transit program for seniors and individuals with disabilities in Anna. Staff hosted a virtual meeting on March 15, 2023, with senior officials representing the North Central Texas Council of Governments, Texas Department of Transportation, and Collin County Commissioners to consider Anna's request for transit funding assistance. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Resilient. ATTACHMENTS: 1. Memorandum 23-117 City of Anna Senior Transit Next Steps 2. Senior Transit Work Session Discussion_June 13 2023_Revised Senior Transit Discussion Senior Transit Worksession City Council June 13, 2023 Overview •Background of Senior Transit in Anna •McKinney Urban Transit District (MUTD) •U.S. Census Bureau and MUTD •Collin County Transit Study •Discussion and Considerations •Micotransit Pricing Proposal and Service Design Option Exploring Senior Transit in Anna •Anna Neighbors contacted City staff with concerns over lack of affordable transit options •Private transportation is a financial hardship for seniors and disabled residents •Primary transit need is accessing medical providers in Anna and throughout Collin County •Some need mobility assistance for grocery shopping, pharmacy and social trips •Evaluated creating a volunteer program to transport seniors •Staff assessed the scope and resources needed before determining this was not a long- term solution •Evaluated joining the McKinney Urban Transit District (MUTD) •March 15th Anna hosted virtual meeting with senior executives from NCTCOG, TxDOT, Collin County Commissioners Court, Mayor Pro Tem Miller and Councilmember Carver McKinney Urban Transit District •Collin County previously contracted with Texoma Area Paratransit System (TAPS) •Operated transit service for rural and urbanized areas including a fixed-route service in McKinney •Collin County ended contract with TAPS in 2015 •Fixed-route (bus) service for McKinney ends •McKinney creates an Urban Transit District in 2016 •Formed under Texas Transportation Code Chapter 458 •McKinney’s UZA includes the cities of Celina, Lowry Crossing, Melissa, Princeton and Prosper •Managed by Dallas Area Rapid Transit’s Local Government Corp. (LGC) •MUTD designation allows subsidized funding from two major sources: Texas Department of Transportation (TXDOT) and the Federal Transit Administration (FTA) •City of Anna is not included in McKinney’s UZA and would not be eligible to receive federal or state funding to subsidize transit service U.S. Census and MUTD •The 2020 U.S. Census urban areas were not finalized until December 2022 •Delineations of Urbanized Areas (UZAs) directly impact funding of public transportation •The City of Anna falls under the “rural” classification by the Federal Transit Administration (FTA) because the population is 50,000 •2020 Census Changes MUTD •Frisco and McKinney will become a new, combined urbanized area, like Dallas-Forth Worth-Arlington, and Denton-Lewisville •MUTD loses Melissa and Prosper. Gains Paloma, Paloma Creek South and portions of Frisco •Frisco may join existing MUTD or operate transit independently •MUTD may expand to form larger transit district with Frisco •Timeline of McKinney/Frisco Partnership unknown Transit Needs Identified in Collin County •Completed in 2021,North Central Texas Council of Governments (NCTCOG)performed a transit study at the request of the Cities of Allen, Frisco, McKinney, Plano, Richardson and Wylie •Analyzed Collin County’s Long-Range Transit Needs •Population increase of 70% by 2045 –1,689,000 •Employment Increase of 45% by 2045 –835,000 •Microtransit and regional rail can reduce congestion,improve land use and enhance economic development •Study classified the City of Anna as Tier 1, within the Emerging and High Growth Category •Recommendations included coordination with stakeholders to initiate countywide transit and address current “patchwork” of services Moving Forward •Staff recommends encouraging Collin County to lead efforts to establish one countywide Rural Transit District as soon as possible •To benefit cities potentially losing transit service: Melissa, Princeton, Allen, Wylie and Fairview •To benefit cities like Anna interested in adding transit service •Given Collin County's growth in population and employment one system will allow: •Leverage federal and state rural funding and technical grant writing and planning assistance through NCTCOG •Efficient use taxpayer resources •Regular participation at NCTCOG’s Regional Transportation Council •Continue to evaluate potential funding for a private microtransit provider... Optional Private Provider within Anna •Staff solicited a proposal for private, microtransit for senior and disabled Anna neighbors •Suggested Microtransit service Monday -Friday •Riders would pay an amount similar to bus fare •City would need to pay Not to Exceed $620,000 •Provides for service in City of Anna only! Item No. 6.a. City Council Agenda Staff Report Meeting Date: 6/13/2023 Staff Contact: Carrie Land AGENDA ITEM: Approve the City Council Meeting Minutes for April 23, 2023. (City Secretary Carrie Land) SUMMARY: Approve the City Council Meeting Minutes for April 23, 2023. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: Approve the City Council Meeting Minutes for April 23, 2023. STRATEGIC CONNECTIONS: This item has no strategic connection. ATTACHMENTS: 1. CCmin2023-05-23 Work Session 2. CCmin2023-05-23 3. CC Meeting Handouts 5-23-2023_Redacted City Council Work Session Meeting Minutes Tuesday, May 23, 2023 @ 5:30 PM Anna Municipal Complex-Council Chambers 120 W. 7th Street, Anna, Texas 75409 The City Council of the City of Anna met in a Work Session at 5:30 PM, on 5/23/2023, at the Anna City Municipal Complex-Council Chambers, 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 5:30 PM. Members Present: Mayor Nate Pike Deputy Mayor Pro Tem Randy Atchley Council Member Kevin Toten Council Member Stan Carver II Council Member Danny Ussery Council Member Pete Cain Members Absent: Mayor Pro Tem Lee Miller 2. 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). Boards and Commissions MOTION: Council Member Toten moved to enter closed session. Council Member Ussery seconded. Motion carried 6-0. Mayor Pike recessed the meeting at 5:31 PM. Mayor Pike reconvened the meeting at 6:00 PM. 3. 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. No action was taken. 4. Adjourn Mayor Pike adjourned the meeting at 6:00 PM. Approved on the 13th day of June 2023 ________________________________ ATTEST: Mayor Nate Pike ________________________________ City Secretary Carrie L. Land Regular City Council Meeting Meeting Minutes Tuesday, May 23, 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 05/23/2023 at 6:00 PM in the Anna Municipal Complex-Council Chambers, located at 120 W. 7th Street, to consider the following items. 1. Call to Order, Roll Call, and Establishment of Quorum. Mayor Pike called the meeting to order at 6:00 PM. Members Present: Mayor Nate Pike Deputy Mayor Pro Tem Randy Atchley Council Member Kevin Toten Council Member Stan Carver Council Member Danny Ussery Council Member Pete Cain Members Absent: Mayor Pro Tem Lee Miller 2. Invocation and Pledge of Allegiance. Council Member Carver led the Invocation and Mayor Pike led the Pledge of Allegiance. 3. Neighbor Comments. Brayden Bunting spoke about the Tee-ball season they had. 4. Reports. a. City Secretary to Administer Oath of Office to Newly Elected Council Member, Elden Baker. b. Recognize Outgoing Council Member Danny Ussery. 5. Work Session. a. Zoning Discussion - Northwest corner of Rosamond Parkway and State Highway 5. (Director of Development Services Ross Altobelli) On the August 9, 2022 City Council meeting there was a workshop item for this property in which the property owner discussed the addition of a townhome product between the existing single-family residences (Shadowbend Phase 1) and maintaining commercial zoning at the intersection of Rosamond Parkway and State Highway 5. . The property owner would like to discuss changing that product type to a two and three-story multifamily product rather than townhomes. Land Use discussion and direction for a tract of land that is currently zoned Planned Development (Ord. No 797-2018). Within the PD Ordinance, it specifically identifies a minimum/maximum acreage requirement. The Future Land Use Plan identifies this area as Community Commercial within the Anna 2050 Comprehensive Plan. 6. Consent Items. MOTION: Council Member Toten moved to approve items 6.a.-g. Council Member Baker seconded. Motion carried 6-0. a. Approve the City Council Meeting Minutes for May 9, 2023 and May 16, 2023. (City Secretary Carrie Land) b. Approve a Special Event Permit for 3rd Annual Juneteenth Community Block Party (Assistant to the City Manager Kimberly Winarski). Shatequa Shaw and a group of neighbors have been putting on an annual Juneteenth event in the City of Anna since 2021. This year's event is anticipated to be on June 17th, 2023 from 2 - 8 p.m. at Baldwin Park. There will be music, food, and games for neighbors to enjoy. The annual community Juneteenth event has moved to Baldwin Park for 2023 to accommodate for the ongoing construction at Slayter Creek Park, now requiring a special event permit because of the location. The neighbors putting on the event requested the city work with them on some of the fees and costs related to the event because of the location change. The event has a lot of community support as well as Council support, and the neighbors putting on the event have demonstrated success in the prior Juneteenth community events. c. Review Minutes of the April 6, 2023, Joint Community Development Corporation and Economic Development Corporation Board Meetings. (Director of Economic Development Joey Grisham) d. Review Minutes for the April 17, 2023 Parks Advisory Board Meeting. (Assistant Director of Neighborhood Services Jeff Freeth) e. Review Monthly Financial Report for the Month Ending April 30, 2023. (Budget Manager Terri Doby) The FY2023 Budget was adopted on September 13, 2022. 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 April 30, 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. f. Acting as the Board of Directors of the Anna Public Facility Corporation, adopt a resolution repealing and replacing bylaws of the corporation and directing the filing a statement changing registered agent and registered agent address. (Director of Economic Development Joey Grisham) The PFC Board approved the original bylaws in September 2021 and updates were necessary. This resolution repeals and replaces the previous Anna PFC bylaws by updating the registered agent and address as well as other minor edits. A RESOLUTION OF THE ANNA PUBLIC FACILITY CORPORATION REPEALING AND REPLACING BYLAWS OF THE CORPORATION AND DIRECTING THE FILING WITH THE TEXAS SECRETARY OF STATE’S OFFICE A STATEMENT CHANGING REGISTERED AGENT AND REGISTERED AGENT ADDRESS. g. Adopt a Resolution approving repealing and replacing bylaws of the Anna Public Facility Corporation. (Director of Economic Development Joey Grisham) The City Council approved the original Ana PFC bylaws in September 2021 and updates were necessary. This Resolution repeals and replaces the previous Anna PFC bylaws by updating the registered agent and address as well as other minor edits. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING BYLAWS FOR THE ANNA PUBLIC FACILITY CORPORATION AND PROVIDING AN EFFECTIVE DATE. 7. Items For Individual Consideration. a. Consider/Discuss/Action on a Resolution regarding Skorburg Anna Ranch Subdivision Improvement Agreement. (Director of Development Services Ross Altobelli) Approving the subdivision improvement agreement in no way puts an obligation on the City Council to approve the rezoning request. It only puts in place development and design regulations should the decision be made to approve the rezoning request. The intent of the subdivision development agreement is to ensure the use of high quality, durable materials for nonresidential and residential development within the city to create well designed and attractive architecture. Additionally, the subdivision improvement agreement includes details associated with public infrastructure improvements and construction deadlines. MOTION: Council Member Baker moved to approve. Council Member Atchley seconded. Motion carried 6-0. A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A SUBDIVISION IMPROVEMENT AGREEMENT WITH SKORBURG LOT DEVELOPMENT, LLC, FOR THE SKORBURG ANNA RANCH DEVELOPMENT IN A FORM APPROVED BY THE CITY ATTORNEY; AND PROVIDING FOR AN EFFECTIVE DATE. b. Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance to rezone 170± acres located on the north and south side of E. Foster Crossing Road, 1,645± feet east of future Leonard Avenue from Planned Development to Planned Development to allow for single-family residences and multiple-family residences built to SF-72 Single-Family Residence District, SF-60 Single-Family Residence District, & SF-Z Single-Family Residence District - Zero lot line homes, and MF-2 Multiple-Family Residential - High Density with modified development standards. (Director of Development Services Ross Altobelli) The current zoning as adopted by Ordinance No. 323-2007 included 737± acres north and south of Collin County Outer Loop. The images below, labeled Exhibit B Zoning Districts and Exhibit D Concept Plan and included within the original zoning for Anna Ranch, illustrate roadway layouts that don’t align with the current Anna 2045 Master Thoroughfare Plan (Leonard Avenue and E. Foster Crossing Road). Surrounding Land Uses and Zoning North Residential lots in the ETJ East Land developed as residential and commercial uses in the ETJ. South Batch plant and residential lots in the ETJ. West Vacant land zoned Planned Development (Anna Ranch Phases 2 & 3) that allows for SF-60 Single-Family Residence, SF-TH Townhome, and MF-2 MultipleFamily Residential - High Density developments with modified development standards. The subject property is currently undeveloped. The applicant's request is to rezone 170 acres out of the original 737.3 acre Planned Development (Ord. No 323-2007). The existing zoning currently allows for SF-D (70’ x 120’) and SF-A (55’ x 110’) residential lots with modified development standards. The proposed zoning includes a mixture of single-family dwelling, detached zoning and multiple family residence zoning. The proposed zoning includes the following district types: • Multiple-Family Residential – High Density (MF-2): Maximum of 35.2± acres • SF-72 Single-Family Residence District: Minimum 100 lots • SF-60 Single-Family Residence District • SF-Z Single-Family Residence District - Zero lot line homes: Maximum 300 lots The zoning request proposes a development pattern that aligns with the Master Thoroughfare Plan and provides for a land use transition for development as it moves north of the Collin County Outer loop that is superior to the existing zoning. At the Monday, May 1, 2023, Planning & Zoning Commission meeting, the Commission voted 6-1 to recommend approval of the zoning amendment with the following restrictions. Restrictions: Standards and Area Regulations: Development must comply with the development standards for use, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, and lighting, set forth in the SF-72 SingleFamily Residence District (SF-72), SF-60 Single-Family Residence District (SF-60), SFZ Single-Family Residence District - Zero lot line homes (SF-Z), MF-2 Multiple-Family Residential - High Density (MF-2), and the Planning and Development Regulations except as otherwise specified herein. a. Additional permitted use 1. Civic center b. SF-72 Single-Family Residence District 1. Side yard interior (feet): 5 2. Rear yard (feet): 15 3. Max. lot coverage (%): 50 4. Min number of SF-72 lots: 100 c. SF-60 Single-Family Residence District 1. Side yard interior (feet): 5 2. Rear yard (feet): 15 3. Max. lot coverage (%): 50 4. Building size (square feet): 1800 d. SF-Z Single-Family Residence District - Zero lot line homes 1. Side yard interior (feet): 5 2. Rear yard (feet): 15 3. Min. lot depth (feet): 115 4. Maximum number of SF-Z lots: 300 e. MF-2 Multiple-Family Residential - High Density 1. Maximum height (feet): 50 / 3 story A. 3 story buildings shall be located no closer than 300 feet from any single-family residence zoning not included within this planned development district. 2. Max. lot coverage (%): 60% 3. Parking: A minimum of 1.5 parking spaces shall be provided per one-bedroom and studio units and two (2) spaces per two or more- bedroom units, plus 0.25 per dwelling unit for visitor parking. A. Covered Parking: 50% of the required parking must be covered. 4. Screening Fence: A. Border fencing on any perimeter not abutting a public right-of-way shall consist of; i. a minimum ten (10) foot wide landscape buffer and six (6) foot tall ornamental metal fence, such as wrought iron or tubular steel, with masonry columns at no more than forty (40) foot intervals. The ten (10) foot-wide landscape buffer shall consist of a vegetative screen comprised of minimum 3” caliber trees planted staggered at twentyfive (25) foot centers; and/or ii. Border fencing of masonry construction of not less than eight feet in height. 5. Any form of multiple-family residence development that does not meet the definition, three or more dwelling units or apartments or which is occupied as a home or place of residence by three or more families living in independent dwelling units, shall require the issuance of a Specific Use Permit. f. Additional Standards: The following items shall be implemented as part of the Planned Development zoning area; 1. Park land and public/private facility dedication/construction : In an effort to meet the required park land dedication requirement for both the single-family and multiple-family development area; dedication of Common Area tracts of land, as shown on the approved Concept Plan, for the purpose of a city park and land for future municipal offices/services subject to review by the city’s parks advisory board and approval by the City Council prior to Preliminary Plat approval. Said dedication shall be credited toward the overall dedication requirement of one acre per 50 proposed dwelling units. 2. Landscape setbacks/buffer: Minimum 30-foot-wide landscape buffer/common areas lot shall be required adjacent to E. Foster Crossing Road. The landscape buffer/common area lots are to be owned and maintained by the single-family homeowners associated and multiple-family residential development. 3. Tree Plantings: A. For all common area lots, developer shall be required to plant one large tree (minimum of three-inch caliper and seven feet high at the time of planting) per 40 linear feet, or portion thereof, of street frontage. Trees may be grouped or clustered to facilitate site design. B. Requirements for single-family residential lots. Three-inch caliper trees selected from the large tree list shall be planted on all single- family residential lots in accordance with the corresponding zoning districts and the Planning and Development Regulations except as otherwise specified herein. The following minimum standards apply Single-family residential – 72 (SF-72) 2 TreesSingle-family residential – zero lot line (SF-Z) 1 Tree i. Trees for SF-Z lots shall be planted in the front yard of every other lot. 4. Fencing: A. Rear and/or side yards of single-family residential lots adjacent to the 30-foot common area lot along E. Foster Crossing Road shall have fencing consisting of an 8- foot-tall cedar fence of uniform design with masonry columns at no less than 50-foot intervals. The fence shall be owned and maintained by the single-family development HOA. B. Adjacent to common area lots not referenced above, with the exception of lots fronting off the primary E. Foster Crossing Road entrance roadway: Ornamental metal fences, such as wrought iron or tubular steel shall be constructed along the rear yard of any residential lot. Side yard fencing abutting and/or adjacent to common area lots may be wood. The fencing shall be owned and maintained by the individual lot owners. C. All other fencing constructed between residences can be wood. All wood fencing shall be at least six feet in height. Wood fencing shall be stained and sealed. Plastic and chain link fencing is prohibited. 5. Streets: A. Developer shall construct the section of E. Foster Crossing adjacent to the common area land as part of the Single-Family development. B. Dead-end streets: In the case of dead-end streets which will eventually be extended into the adjacent subdivision, no more than three lots (per side) can front onto the dead-end street stub unless a temporary turnaround bulb (with the appropriate temporary street easement) is provided at the end. C. Development is exempt from curvilinear street design requirements. 6. Sidewalks: A. Construction of a 10-foot hike and bike trail along the north side of E. Foster Crossing Road for the entire limits of the Planned Development. B. Construction of a 12-foot-wide hike and bike trail traversing east/west through the single family residential zoned property as shown on the approved Concept Plan. C. The City of Anna will be responsible for maintaining hike and bike trails identified above. 7. Garages: A. Garages for single-family residence lots may be over 60% of the total frontage width of a house whether or not swing drives (“J” drives) are used. For SF-Z lots, the face of the garage may extend more than ten feet but no more than fifteen feet beyond the remainder of the front elevation of the primary living area of a house but in no instance shall the garage face encroach within a required setback. g. Plats and/or site plans submitted for the development of the PD shall conform to the data presented and approved on the conceptual development layout. Non-substantial changes of detail on the final development plan(s) that differ from the conceptual development layout may be authorized by the City Council with the approval of the final development plan(s) and without public hearing. MOTION: Council Member Carver moved to table until the June 27th City Council meeting held at the Anna Municipal Complex located at 120 W 7th St, Anna, Tx 75409 in the Council Chambers. Council Member Baker seconded. Motion carried 5-1. Mayor Pike opposed. c. Consider/Discuss/Action on a Plan of Finance for the issuance of General Obligation Bonds, Series 2023. (Finance Director Alan Guard) The neighbors of Anna voted on and approved three bond proposals in May of 2021. The propositions included Public Safety, a Library/Community Center, and Parks and Recreation Projects. This item is to approve moving forward with a plan of finance to sell the remaining bonds for the Library/Community Center and Parks and Recreation Projects. The City's Financial Advisors provided a presentation with a plan of finance for General Obligation (GO) bonds for Council consideration. GO bonds are being considered for the continuation of the 2021 voter-approved bond program. The presentation will include proposed projects and a schedule for the sale. The City Council will consider an ordinance authorizing the issuance of the bonds in June. MOTION: Council Member Toten moved to approve. Mayor Pike seconded. Motion carried 6-0. 8. Adjourn. Mayor Pike adjourned the meeting at 7:34 PM. Approved on the 13th day of June 2023 ________________________________ ATTEST: Mayor Nate Pike ________________________________ City Secretary Carrie L. Land Item No. 6.b. City Council Agenda Staff Report Meeting Date: 6/13/2023 Staff Contact: Joey Grisham AGENDA ITEM: Review Minutes of the May 4, 2023, Joint Community Development Corporation and Economic Development Corporation Board Meetings. (Director of Economic Development Joey Grisham) SUMMARY: Approve FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: Approve STRATEGIC CONNECTIONS: This item has no strategic connection. ATTACHMENTS: 1. May 4 2023 CDC EDC Joint Meeting Mintues_Signed Item No. 6.c. City Council Agenda Planning Staff Report Meeting Date: 6/13/2023 Staff Contact: Salena Tittle AGENDA ITEM: Review Minutes of the May 1, 2023 Planning & Zoning Commission Meeting. (Planning Manager Lauren Mecke) SUMMARY: Minutes from the May 1, 2023 Planning & Zoning Commission Meeting. FINANCIAL IMPACT: This item has no financial impact. STATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Excellent. STAFF RECOMMENDATIONS: . ATTACHMENTS: 1. 05-01-2023 PZ Minutes (Signed) Item No. 6.d. City Council Agenda Planning Staff Report Meeting Date: 6/13/2023 Staff Contact: Salena Tittle AGENDA ITEM: Approve a Resolution regarding the Prose Town Square, Block A, Lot 1, Final Plat. (Planning Manager Lauren Mecke) SUMMARY: Multiple-family residences on one lot on 15.6± acres located on the north side of E. Foster Crossing, 2,280± feet east of S. Powell Parkway. Located in the Extraterritorial Jurisdiction (ETJ). The purpose for the Final Plat is to dedicate right-of-way, lot and block boundaries, and easements necessary for the multiple-family residential development. FINANCIAL IMPACT: This item has no financial impact. STATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. STAFF RECOMMENDATIONS: The Final Plat is in conformance with the city’s Subdivision Regulations and is subject to additions and/or alterations to the engineering plans as required by the Public Works Department. The Planning and Zoning Commission recommended approval subject to additions and/or alterations to the engineering plans as required by the Public Works Department. ATTACHMENTS: 1. Prose Town Square, Block A, Lot 1 Locator Map 2. RESOLUTION - (FP) Prose Town Square, Block A, Lot 1 3. Exhibit A (STAMPED) - (FP) Prose Town Square COUNTYROAD423S POWELL PKWYMASTON DRW A R N E R D R BROCK DR LEONARDAVEPENN ST ROCKET BEND DRHAVEN D R LILLY LNRILEYDRCAINDRE FOSTER CROSSING RD GOULD WAYWILSONDR INDIANOLA TRL CROSSE DRBURGERTDRTHAYNEDRHUNTINGTON DR TATE LN HILLRICHDRSUNBEAM CV STAFFORDS POINT LN GARDENDALE HOLLOW LN VAI LLNASKEWDRSHARP ST B ROOK DR COUNTY ROAD 422Copyright nearmap 2015 City Limits ETJ Subject Property ¯ 0 500 1,000250 Feet May 2023 H:\Notification Maps\Notification Maps\ Final Plat - Prose Foster Crossing, Block A, Lot 1 CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING PROSE TOWN SQUARE, BLOCK A, LOT 1, FINAL PLAT. WHEREAS, In order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the “City Council”) has adopted Article 9.02 (“Subdivision Regulations”); and WHEREAS, 615 Foster Crossing Investment LLC, a Texas Limited Liability Company has submitted an application for the approval of Prose Town Square, Block A, Lot 1, Final Plat; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Final Plat The City Council hereby approves the Prose Town Square, Block A, Lot 1, Final Plat attached hereto as Exhibit A subject to additions and/or alterations to the engineering plans as required by the Public Works Department. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 13th day of June, 2023. ATTEST: APPROVED: _____________________________ ____________________________ City Secretary, Carrie L. Land Mayor, Nate Pike GRA N D E R S O N STAR K S U R V E Y ABS T. N O. 7 9 8 DAVI D E. W. B A B B S U R V E Y ABS T. N O. 3 3 ANNA CROSSING PHASE 1C VOL. 2022, PG. 78 P.R.C.C.T. E. FOSTER CROSSING ROAD (COUNTY ROAD 421) (APPARENT VARIABLE WIDTH R.O.W. - NO RECORD FOUND) PENN STREET (50' R.O.W. - VOL. 2022, PG. 78, P.R.C.C.T.) CALLED 360.545 ACRES HARLAN PROPERTIES, INC. INST. NO. 20121128001650300 O.P.R.C.C.T. EXISTING 15' WATER LINE EASEMENT VOL. 1056, PG. 877 L.R.C.C.T. (HATCHED PORTION ABANDONED BY THIS PLAT) MAG NAIL FOUND IRSC IRSC MAG NAIL SET 15 16 17 LOT 11X DRAINAGE EASEMENT BLOCK B CITY OF ANNACITY OF ANNA E.T.J.P.O.B. 5/8" IRFC "RPLS 4838" 5/8" IRFC "RPLS 4838" RIGHT OF WAY DEDICATION 0.543 ACRES (23,654 SQ.FT) 15' W.E. 10' W.E. 10' W.E. W.E. 10' W.E. W.E. 15' W.E. 15' W.E. 10' W.E.10' W.E.W.E. DRAINAGE AND DETENTION EASEMENT DRAINAGE AND DETENTION EASEMENT26' F.U.D.E.26' F.U.D.E.26' F.U.D.E.26' F.A.U.D.E.CALLED 9.951 ACRES 615 FOSTER CROSSING INVESTMENT LLC INST. NO. 2022000125116 O.P.R.C.C.T. REMAINDER OF CALLED 20.140 ACRES 615 FOSTER CROSSING INVESTMENT LLC INST. NO. 2022000125113 O.P.R.C.C.T. LOT 1, BLOCK A 15.083 ACRES 657,028 SQ. FT.26.0'26.0'26.0'26' F.U.D.E. VISIBILITY AREA SEE DETAIL EXISTING 40' EASEMENT TO COLLIN COUNTY INST. NO. 2022000156924 O.P.R.C.C.T. EXISTING 40' EASEMENT TO COLLIN COUNTY INST. NO. 2022000156924 O.P.R.C.C.T. 10' W.E. EXISTING 15' TEMP. CONST. ESMT. INST. NO. 2023000019969 O.P.R.C.C.T. EXISTING 25' WATER & SANITARY SEWER ESMT. INST. NO. 2023000018404 O.P.R.C.C.T. EXISTING TEMP. DRAINAGE ESMT. INST. NO. 2023000019970 O.P.R.C.C.T. 10' W.E.624.01'171.09' 296.08' N89°53'40"E 87.25'S00°06'20"E206.90'N89°01'41"W 591.35'N00°06'20"W1313.74'40.01'166.89'40.01'N89°01'41"W 591.35'C1N0°06'20"W254.74'93.36'151.39'L1L2L3C2L4S0°06'20"E 36.01' S89°53'40"W 26.00'N0°06'20"W340.86'293.51'39.75'L5L6L7C531.72'C621.67'L8 26.61'499.13'C11S0°06'20"E392.75'S89°53'40"W 26.00' 28.52'L29L30L31 L32 44. 6 0'L33C14L34L35 L36L37L38 L3985.65'134.16'S0°06'20"E256.31'C15S0°06'20"E270.76'187.59'62.72'32.86' 3.74' L55 L56 L57L58L59 C 1 3 N89°53'40"E 344.00' 226.50'107.50' L60 L61 L62C20 N0°06'20"W270.76'187.59'L63 L64L65 L66 L67 L68 L693 4.92'C21S89°53'40"W 115.41' C28 C29 S89°53'40"W 14.89' C30 C31 L70 L71S89°53'40"W 135.03' 60.64' L72 L73 C32C33 C34L17L74 L75 L78 L79 L80 N89°53'52"E 239.83' S0°06'08"E 21.20' S89°54'29"W 30.89' S89°54'38"W 295.83'N0°05'39"W129.70'S0°05'32"E129.51'S89°54'29"W 163.66'N0°03'15"W129.51'N89°54'29"E 204.46' L84 C17 S89°53'40"W 113.98'S89°53'40"W 94.41'C3 C4 C 7 C8 S89°54'38"W 21.28' L76 L5444.36'26.88' L85 L86 6.00'63.55'L8759.96'45.45'DRIVEWAY PAVEMENT TOMATCH ROAD PAVEMENT WIDTHANNA CROSSING PHASE 1C VOL. 2022, PG. 78 P.R.C.C.T.CAIN DRIVE(50' R.O.W. - VOL. 2022, PG. 78, P.R.C.C.T.)5/8" IRFC "RPLS 4838"IRSC 3/8" IRF (RM) 1/2" IRFC "CORWING ENG INC." 5/8" IRFC "RPLS 4838"DEED LINE1 2 3 4 5 6 LOT 7X DRAINAGE EASEMENT BLOCK A 1 3 4 5 6 7 8 9 10BLOCK F515253545556 LOT 57, BLOCK A OPEN SPACE/DRAINAGE EASEMENT ANNA CROSSING PHASE 1B VOL. 2017, PG. 570 P.R.C.C.T.49 50 ANNA CROSSING PHASE 1B VOL. 2017, PG. 570 P.R.C.C.T. 5 CAIN DRIVE (50' R.O.W. - VOL. 2017, PG. 570, P.R.C.C.T.) CITY OF ANNA CITY OF ANNA E.T.J. 1/2" IRFC "CORWING ENG INC." 1/2" IRFC "CORWING ENG INC." 5/8" IRFC "RPLS 4838" 5/8" IRFC "RPLS 4838" 5/8" IRFC "RPLS 4838" 5/8" IRFC "RPLS 4838" 5/8" IRFC "RPLS 4838" 10' W.E. 10' W.E. 10' W.E.15' W.E.15' W.E.10' W.E. 10' W.E. 10' W.E. 10' W.E. 26' F.U.D.E. 26' F.U.D.E.26' F.U.D.E. 26' F.U.D.E.26' F.U.D.E. REMAINDER OF CALLED 20.140 ACRES 615 FOSTER CROSSING INVESTMENT LLC INST. NO. 2022000125113 O.P.R.C.C.T. PORTION OF CALLED 20.140 ACRES 615 FOSTER CROSSING INVESTMENT LLC INST. NO. 2022000125113 O.P.R.C.C.T. LOT 1, BLOCK A 15.083 ACRES 657,028 SQ. FT. 26' F.U.D.E.26' F.U.D.E.40.0'40.0'1/2" IRFC "CORWING ENG INC." 1/2" IRFC "CORWING ENG INC." 10' W.E.S0°06'20"E341.44'N0°06'20"W209.44'W.E.125.32'171.83'S89°18'53"E 172.70'S00°06'20"E1110.83'S89°17'06"E 331.35'1273.73'N0°06'20"W444.84'44.50'124.71'33.99'L9L10 L11N0°06'20"W92.54'S0°06'20"E92.53'L12 35.55'L1397.76'101.04' L14 L15 L16 L18 L19 L20 C10L21 L22L23 42. 1 0' L24 L25 N89°53'40"E 101.24'401.44'58.20'28.03'L26L27 L28L4 0 L41S89°53'40"W 246.76'C16N89°53'40"E 246.76'C19S89°53'40"W 236.76'L42C22C23N89°53'40"E 236.76'C2432.76'L43 L44 L45 L46L47179.88'S0°06'20"E209.44'L48 L49L50 L51 L52 34.62' N89°53'40"E 246.76'C12S89°53'40"W 246.76'C9L53L81 L82 L83 L77C18136.65'26.00'S89°53'40"W 181.49'S89°53'40"W 212.51' S89°53'40"W 101.24'C25C 2 6 C2724.28' L88L89L90 CURVE TABLE NO. C1 C2 C3 C4 C5 C6 C7 C8 C9 C10 C11 C12 C13 C14 C15 C16 C17 DELTA 28°53'44" 44°58'22" 45°01'38" 90°00'00" 78°27'47" 78°24'16" 90°00'00" 44°54'45" 180°00'00" 90°00'00" 78°27'47" 180°00'00" 90°00'00" 45°05'15" 26°44'27" 180°00'00" 90°00'00" RADIUS 30.00' 30.00' 30.00' 30.00' 30.00' 30.00' 30.00' 30.00' 20.00' 30.00' 30.00' 20.00' 30.00' 30.00' 30.00' 20.00' 30.00' LENGTH 15.13' 23.55' 23.58' 47.12' 41.08' 41.05' 47.12' 23.52' 62.83' 47.12' 41.08' 62.83' 47.12' 23.61' 14.00' 62.83' 47.12' CHORD BEARING N14°20'32"E N22°35'31"W N67°35'31"W S44°53'40"W N39°20'14"W N39°05'48"E N45°06'20"W S67°26'18"W S00°06'20"E S45°06'20"E S39°07'33"W N00°06'20"W N45°06'20"W S22°26'18"W S13°28'33"E N00°06'19"W N44°53'40"E CHORD 14.97' 22.95' 22.97' 42.43' 37.95' 37.92' 42.43' 22.92' 40.00' 42.43' 37.95' 40.00' 42.43' 23.00' 13.87' 40.00' 42.43' CURVE TABLE NO. C18 C19 C20 C21 C22 C23 C24 C25 C26 C27 C28 C29 C30 C31 C32 C33 C34 DELTA 90°00'00" 180°00'00" 90°00'00" 90°00'00" 90°00'00" 90°00'00" 90°00'00" 90°00'00" 90°00'00" 90°00'00" 36°34'46" 36°34'46" 36°34'46" 36°34'46" 89°56'23" 134°58'22" 135°05'15" RADIUS 30.00' 20.00' 30.00' 30.00' 30.00' 30.00' 30.00' 30.00' 30.00' 30.00' 30.00' 36.00' 36.00' 30.00' 10.00' 10.00' 10.00' LENGTH 47.12' 62.83' 47.12' 47.12' 47.12' 47.12' 47.12' 47.12' 47.12' 47.12' 19.15' 22.98' 22.98' 19.15' 15.70' 23.56' 23.58' CHORD BEARING S44°53'40"W S00°06'20"E S44°53'40"W S45°06'20"E N45°06'20"W N44°53'40"E S45°06'20"E N44°53'40"E S45°06'20"E S44°53'40"W N71°36'17"E S71°36'17"W N71°48'57"W S71°48'57"E N89°57'07"E S22°24'29"W N22°33'42"W CHORD 42.43' 40.00' 42.43' 42.43' 42.43' 42.43' 42.43' 42.43' 42.43' 42.43' 18.83' 22.60' 22.60' 18.83' 14.13' 18.48' 18.48' LINE TABLE NO. L1 L2 L3 L4 L5 L6 L7 L8 L9 L10 L11 L12 L13 L14 L15 L16 L17 L18 L19 L20 L21 L22 L23 L24 L25 L26 L27 L28 L29 L30 BEARING N89°53'40"E S00°06'20"E S89°53'40"W N45°04'42"W S89°59'35"E S00°06'20"E N89°59'35"W N89°53'40"E S00°06'20"E S89°53'40"W S89°53'40"W N89°54'38"E S00°06'20"E N00°06'20"W N89°53'40"E S00°06'20"E N44°58'55"E N89°53'40"E S00°06'20"E S89°53'40"W N89°53'40"E S00°06'20"E S89°53'40"W N89°53'40"E S00°06'20"E N00°06'20"W N90°00'00"E S00°06'20"E N00°06'20"W N90°00'00"E LENGTH 11.85' 10.00' 11.85' 34.99' 10.47' 10.00' 10.47' 16.52' 13.40' 15.00' 15.00' 26.00' 13.40' 10.49' 10.00' 10.49' 10.53' 6.00' 10.00' 6.00' 10.49' 10.00' 10.49' 10.00' 10.49' 29.91' 10.00' 29.89' 35.99' 10.50' LINE TABLE NO. L31 L32 L33 L34 L35 L36 L37 L38 L39 L40 L41 L42 L43 L44 L45 L46 L47 L48 L49 L50 L51 L52 L53 L54 L55 L56 L57 L58 L59 L60 BEARING S00°06'20"E N90°00'00"W S44°58'55"W N00°06'20"W N89°53'40"E S00°06'20"E N00°06'20"W N89°53'40"E S00°06'20"E S63°05'35"E N10°59'28"W S10°46'48"W N89°53'40"E N00°06'20"W S89°53'40"W S00°06'20"E N89°53'40"E S89°53'40"W S00°06'20"E N89°53'40"E S00°06'20"E N89°53'40"E S10°59'28"E N00°58'19"E N89°53'40"E S00°06'20"E N89°53'40"E S00°00'00"E S89°53'40"W N00°06'20"W LENGTH 10.00' 10.39' 35.13' 30.00' 10.00' 30.00' 30.00' 10.00' 30.00' 57.25' 26.48' 26.48' 8.81' 10.00' 30.33' 10.00' 30.33' 30.03' 10.00' 30.03' 10.00' 8.90' 26.48' 5.97' 10.49' 10.45' 19.50' 10.00' 29.98' 10.49' LINE TABLE NO. L61 L62 L63 L64 L65 L66 L67 L68 L69 L70 L71 L72 L73 L74 L75 L76 L77 L78 L79 L80 L81 L82 L83 L84 L85 L86 L87 L88 L89 L90 BEARING N89°53'40"E S00°06'20"E N89°53'40"E S00°06'20"E S89°53'40"W S00°06'20"E S89°53'40"W N89°53'40"E S00°00'00"E N89°53'40"E S00°06'20"E S00°06'20"E S89°53'40"W S45°04'42"E S89°53'40"W N00°58'19"E S10°46'48"W N89°53'40"E S00°06'20"E S89°53'40"W N00°06'20"W N89°53'40"E S00°06'20"E N89°53'40"E S00°58'19"W S00°58'19"W S00°06'20"E S89°47'59"W N00°06'20"W N89°47'59"E LENGTH 10.00' 10.49' 29.60' 10.00' 19.11' 9.62' 10.49' 11.81' 10.00' 15.00' 10.49' 12.32' 10.00' 10.51' 14.89' 5.78' 26.48' 9.00' 10.00' 10.50' 10.49' 10.00' 10.49' 26.00' 10.25' 10.44' 15.00' 10.00' 9.00' 10.00'LOT 1, BLOCK 1ANNA ELEMENTARY NO. 3VOL. 2018, PG. 253P.R.C.C.T.1/2" IRF (RM) 44 BLOCK A CITY OF ANNA E.T.J.CITY OF ANNAS89°18'53"E 497.47' E. FOSTER CROSSING ROAD (COUNTY ROAD 421) (APPARENT VARIABLE WIDTH R.O.W. - NO RECORD FOUND) MAG NAIL SET VISIBILITY AREA MAG NAIL FOUND N89°01'41"W 591.35' 112.01' 24.48' N0°58'19"E 7.00' N77°05'16 " E 133.35' N89°01'41"W 130.02' S0°02'18"E 32.00' 12.00' 20.00' N89°01'41"W 325.05' S85°30'41"E 326.03' S0°58'19"W 19.00'DWG NAME: K:\FRI_SURVEY\067548027-PROSE FOSTER CROSSING - ANNA\DWG\067548027 PROSE FOSTER CROSSING FP.DWG PLOTTED BYSKEETERS, CODY 5/23/2023 10:32 AM LAST SAVED5/22/2023 9:07 AMGRAPHIC SCALE IN FEET 060 30 60 120 1" = 60'@ 24X36 NORTH FLOOD STATEMENT: According to Federal Emergency Management Agency's Flood Insurance Rate Map No. 48085C060J, for Collin County, Texas and incorporated areas, dated June 2, 2009, this property is located within Zone X (unshaded) defined as "Areas determined to be outside the 0.2% annual chance floodplain" If this site is not within an identified special flood hazard area, this flood statement does not imply that the property and/or the structures thereon will be free from flooding or flood damage. On rare occasions, greater floods can and will occur and flood heights may be increased by man-made or natural causes. This flood statement shall not create liability on the part of the surveyor. NOTES: 1.All bearings shown are based on grid north of the Texas Coordinate System of 1983, North Central Zone (4202), North American Datum of 1983. All dimensions shown are ground distances. To obtain a grid distance, multiply the ground distance by the Project Combined Factor (PCF) of 0.99984731332. 2.Notice: Selling a portion of this addition by metes and bounds is a violation of the city Subdivision Ordinance and State platting statutes and is subject to fines and withholding of utilities and building certificates. LINE TYPE LEGEND BOUNDARY LINE CITY LIMITS LINE ADJACENT PROPERTY LINE EASEMENT LINE BUILDING LINE LEGEND IRSC IRFC IRF 5/8" IRON ROD W/ "KHA" CAP SET IRON ROD WITH CAP FOUND IRON ROD FOUND L.R.C.C.T.LAND RECORDS, COLLIN COUNTY, TEXAS O.P.R.C.C.T.OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS P.R.C.C.T.PLAT RECORDS, COLLIN COUNTY, TEXAS R.O.W.RIGHT-OF-WAY N.T.S.VICINITY MAP NORTH E. FOSTER CROSSING ROAD (CR 421)VAILLANEPENN STREET SHARP ST LEONARD AVECR 422(HWY 5)S. POWELL PKWYE. OUTER LOOP ROADCR 423FINLEY BLVD.CAROLINE STREETLA PALOMA DRIVE CR 418SHARP STE.DRHILLRICHDRCAIN(HWY 5)S. POWELL PKWYScale Drawn by CDS1" = 60' Checked by Date Project No.Sheet No. Frisco, Texas 75034 6160 Warren Parkway, Suite 210 Tel. No. (972) 335-3580 FIRM # 10193822 KHA 5/22/2023 063260500 1 OF 2 APPLICANT: Kimley-Horn and Associates, Inc. 13455 Noel Road, Suite 700 Dallas, TX 75240 Ph: 972.770.1300 Fax: 972.239.3820 Contact: Jonathan Kerby, PE OWNER: 615 Foster Crossing Investment, LLC 777 Post Oak Blvd. Suite 255 Houston, TX 77056 Ph: 214-263-2088 Contact: Britton Church FINAL PLAT PROSE TOWN SQUARE LOT 1, BLOCK A BEING 15.626 ACRES SITUATED IN THE FRANCIS T. DUFFAU, ABSTRACT NO. 288, CITY OF ANNA E.T.J, COLLIN COUNTY, TEXAS MAY 2023 MATCH LINE "A" MATCH LINE "A" W.E.WATER EASEMENT F.A.U.D.E FIRE, ACCESS, UTILITY, AND DRAINAGE EASEMENT LAND USE ACREAGE LOT 1, BLOCK A 15.083 R.O.W.0.543 TOTAL 15.626 DETAIL "A" F.U.D.E FIRE, UTILITY, AND DRAINAGE EASEMENT DWG NAME: K:\FRI_SURVEY\067548027-PROSE FOSTER CROSSING - ANNA\DWG\067548027 PROSE FOSTER CROSSING FP.DWG PLOTTED BYSKEETERS, CODY 5/23/2023 10:32 AM LAST SAVED5/22/2023 9:07 AMScale Drawn by CDSN/A Checked by Date Project No.Sheet No. Frisco, Texas 75034 6160 Warren Parkway, Suite 210 Tel. No. (972) 335-3580 FIRM # 10193822 KHA 5/22/2023 063260500 2 OF 2 APPLICANT: Kimley-Horn and Associates, Inc. 13455 Noel Road, Suite 700 Dallas, TX 75240 Ph: 972.770.1300 Fax: 972.239.3820 Contact: Jonathan Kerby, PE OWNER: 615 Foster Crossing Investment, LLC 777 Post Oak Blvd. Suite 255 Houston, TX 77056 Ph: 214-263-2088 Contact: Britton Church FINAL PLAT PROSE TOWN SQUARE LOT 1, BLOCK A BEING 15.626 ACRES SITUATED IN THE FRANCIS T. DUFFAU, ABSTRACT NO. 288, CITY OF ANNA E.T.J, COLLIN COUNTY, TEXAS MAY 2023 STATE OF TEXAS § § COUNTY OF COLLIN § KNOW ALL MEN BY THESE PRESENTS That I, Michael B. Marx, do hereby certify that I prepared this plat and the field notes made a part thereof from an actual and accurate survey of the land and that the corner monuments shown thereon were properly placed under my supervision. _____________________________________________ Michael B. Marx Registered Professional Land Surveyor Texas Registration No. 5181 Kimley-Horn and Associates, Inc. 6160 Warren Pkwy., Suite 210 Frisco, TX 75034 (972) 335-3580 michael.marx@kimley-horn.com STATE OF TEXAS § § COUNTY OF COLLIN § Before me, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared Michael B. Marx, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purpose and considerations therein expressed. Given under my hand and seal of office, this _______________ day of ________________________________, 2023. ________________________________________________ Notary Public in and for the State of Texas __________________________________ Printed Name __________________________________ My Commission Expires PRELIMINARY THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE AND SHALL NOT BE USED OR VIEWED OR RELIED UPON AS A FINAL SURVEY DOCUMENT OWNER'S CERTIFICATION NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: THAT 615 FOSTER CROSSING INVESTMENT LLC; acting herein by and through their duly authorized officers, do hereby adopt this plat designating the hereinabove described property as PROSE TOWN SQUARE, BLOCK A, LOT 1, an addition to the Collin County, Texas, and does hereby dedicate, in fee simple, to the public use forever, the streets and alleys shown thereon. The streets and alleys are dedicated for street purposes. The easements and public use areas, as shown, are dedicated for the public use forever, for the purposes indicated on this plat. In addition, utility easements may also be used for the mutual use and accommodation of all public utilities desiring to use or using the same unless the easement limits the use to particular utilities, said use by public utilities being subordinate to the public's and City of Anna's use thereof. The City of Anna and public utility entities shall have the right to remove and keep removed all or parts of any buildings, fences, trees, shrubs, or other improvements or growths which may in any way endanger or interfere with the construction, maintenance, or efficiency of their respective systems in said easements. The City of Anna and public utility entities shall at all times have the full right of ingress and egress to or from their respective easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, reading meters, and adding to or removing all or parts of their respective systems without the necessity at any time of procuring permission from anyone. That the undersigned does hereby covenant and agree that he (they) shall construct upon the fire lane easements, as dedicated and shown hereon, a hard surface and that they shall maintain the same in a state of good repair at all times and keep the same free and clear of any structures, fences, trees, shrubs, or other improvements or obstruction, including but not limited to the parking of motor vehicles, trailers, boats, or other impediments to the access of fire apparatus. The maintenance of paving on the fire lane easements is the responsibility of the owner, and the owner shall post and maintain appropriate signs in conspicuous places along such fire lanes, stating "Fire Lane, No Parking." The police or his duly authorized representative is hereby authorized to cause such fire lanes and utility easements to be maintained free and unobstructed at all times for Fire Department and emergency use. The undersigned does covenant and agree that the access easement may be utilized by any person or the general public for ingress and egress to other real property, and for the purpose of General Public vehicular and pedestrian use and access, and for Fire Department and emergency use, in, along, upon, and across said premises, with the right and privilege at all times of the City of Anna, its agents, employees, workmen, and representatives having ingress, egress, and regress in, along, upon, and across said premises. DRAINAGE AND DETENTION EASEMENT STATE OF TEXAS COUNTY OF COLLIN CITY OF ANNA This plat is hereby adopted by the Owners and approved by the City of Anna (called “City”) subject to the following conditions which shall be binding upon the Owners, their heirs, grantees and successors: The portion of Block A, as shown on the plat is called “Drainage and Detention Easement.” The Drainage and Detention Easement within the limits of this addition, will remain open at all times and will be maintained in a safe and sanitary condition by the owners of the lot or lots that are traversed by or adjacent to the Drainage and Detention Easement. The City will not be responsible for the maintenance and operation of said Easement or for any damage to private property or person that results from conditions in the Easement, or for the control of erosion. No obstruction to the natural flow of storm water run-off shall be permitted by construction of any type of building, fence, or any other structure within the Drainage and Detention Easement as hereinabove defined, unless approved by the City Engineer. Provided, however, it is understood that in the event it becomes necessary for the City to erect or consider erecting any type of drainage structure in order to improve the storm drainage that may be occasioned by the City shall have the right to enter upon the Drainage and Detention Easement at any point, or points, to investigate, survey or to erect, construct and maintain any drainage facility deemed necessary for drainage purposes. Each property owner shall keep the Drainage and Detention Easement clean and free of debris, silt, and any substance which would result in unsanitary conditions or obstruct the flow of water, and the City shall have the right of ingress and egress for the purpose of inspection and supervision of maintenance work by the property owner to alleviate any undesirable conditions which may occur. The natural drainage through the Drainage and Detention Easement is subject to storm water overflow and natural bank erosion to an extent which cannot be definitely defined. The City shall not be held liable for any damages of any nature resulting from the occurrence of these natural phenomena, or resulting from the failure of any structure, or structures, within the Easement. This approved subject to all platting ordinances, rules, and regulations of the City of Anna, Texas. WITNESS, my hand at ____________, ___________________, this the _______ day of ___________, 2023. 615 FOSTER CROSSING INVESTMENT LLC, a Texas limited partnership By:615 FOSTER CROSSING INVESTMENT LLC, a Texas limited liability company, Its General Partner By: _____________________________________________ _____________________________________________ (Printed Name) _____________________________________________ (Title) STATE OF TEXAS § § COUNTY OF ________________§ Before me, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared _______________________, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purpose and considerations therein expressed. Given under my hand and seal of office, this _______________ day of ________________________________, 2023. ________________________________________________ Notary Public in and for the State of Texas __________________________________ Printed Name __________________________________ My Commission Expires Approved this _______ day of ______________________. 2023, by the City Council of the City of Anna, Texas. ________________________ Mayor ________________________ City Secretary OWNER'S CERTIFICATE STATE OF TEXAS § COUNTY OF COLLIN § WHEREAS 615 FOSTER CROSSING INVESTMENT LLC is the sole owners of the following described tract of land: BEING a tract of land situated in the Granderson Stark Survey, Abstract No. 798, in the City of Anna E.T.J., Collin County, Texas and being all of a called 9.951-acre tract of land, described in a General Warranty Deed to 615 Foster Crossing Investment LLC, as recorded in Instrument No. 2022000125116 and a portion of a called 20.140-acre tract of land, described in a General Warranty Deed to 615 Foster Crossing Investment LLC, as recorded in Instrument No. 2022000125113, both of the Official Public Records of Collin County, Texas, and being more particularly described by metes and bound as follows: BEGINNING at a mag nail found for the southwest corner of said 9.951-acre tract and the southeast corner of Anna Crossing Phase 1C, an addition to the City of Anna according to the plat recorded in Volume 2022, Page 78 of the Plat Records of Collin County, Texas, said corner being in the north line of a called 360.545-acre tract of land described in a Special Warranty Deed with Vendor's Lien to Harlan Properties, Inc., recorded in Instrument No. 20121128001650300 of said Official Public Records, said corner also being in the approximate centerline of East Foster Crossing Road (County Road 421), an apparent variable width public use right-of-way (no record found); THENCE North 00°06'20" West, departing the north line of said 360.545-acre tract and the approximate centerline of said East Foster Crossing Road (County Road 421), and along the west line of said 9.951-acre tract, and the east line of said Anna Crossing Phase 1C, a distance of 1,313.74 feet to 5/8-inch iron rod with red plastic cap stamped “RPLS 4838” found for the northwest corner of said 9.951-acre tract and the northeast corner of said Anna Crossing Phase 1C, said corner being in the south line of Lot 57, Block A of Anna Crossing Phase 1B, an addition to the City of Anna according to the plat recorded in Volume 2017, Page 570 of said Plat Records; THENCE South 89°17'06" East, along the north line of said 9.951-acre tract and the south line of said Anna Crossing Phase 1B, a distance of 331.35 feet to a 3/8-inch iron rod found for the northeast corner of said 9.951-acre tract and the northwest corner of said 20.140-acre tract; THENCE South 89°18'53" East, along the north line of said 20.140-acre tract and the south line of said Anna Crossing Phase 1B, a distance of 172.70 feet to a 5/8-inch iron rod with red plastic cap stamped “KHA” set for corner, from which a 1/2-inch iron rod found for the northeast corner of said 20.140-acre tract and the southeast corner of Lot 44, Block A of said Anna Crossing Phase 1B bears South 89°18'53” East a distance of 497.47 feet; THENCE, departing the north line of said 20.140-acre tract and the south line of said Anna Crossing Phase 1B, over and across said 20.140 acre tract the following courses and distances: South 00°06'20" East, a distance of 1,110.83 feet to a 5/8-inch iron rod with red plastic cap stamped “KHA” set for corner; North 89°53'40" East, a distance of 87.25 feet to a 5/8-inch iron rod with red plastic cap stamped “KHA” set for corner; South 00°06'20" East, a distance of 206.90 feet to a mag nail set in the south line of said 20.140-acre tract and the north line of said 360.545-acre tract, said corner being in the approximate centerline of said East Foster Crossing Road (County Road 421), from which the southeast corner of said 20.164-acre tract bears South 89°01'41” East a distance of 401.23 feet, and from said southeast corner a 1/2-inch iron rod with orange plastic cap “ILLEGIBLE” found bears North 02°32' East a distance of 2.86 feet; THENCE North 89°01'41" West, along the south line of said 20.140-acre tract and the north line of said 360.545-acre tract, and with the approximate centerline of said East Foster Crossing Road (County Road 421) a distance of 591.35 feet to the POINT OF BEGINNING and containing 15.626-acres (680,682 square feet) of land, more or less. VAM EASEMENTS: THE AREA OR AREAS SHOWN ON THE PLAT AS "VAM" (VISIBILITY, ACCESS, AND MAINTENANCE) EASEMENT(S) ARE HEREBY GIVEN AND GRANTED TO THE CITY, ITS SUCCESSORS AND ASSIGNS, AS AN EASEMENT TO PROVIDE VISIBILITY, RIGHT OF ACCESS, AND MAINTENANCE UPON AND ACROSS SAID VAM EASEMENT. THE CITY SHALL HAVE THE RIGHT, BUT NOT THE OBLIGATION, TO MAINTAIN ANY AND ALL LANDSCAPING WITHIN THE VAM EASEMENT. SHOULD THE CITY EXERCISE THIS MAINTENANCE RIGHT, IT SHALL BE PERMITTED TO REMOVE AND DISPOSE OF ANY AND ALL LANDSCAPING IMPROVEMENTS, INCLUDING WITHOUT LIMITATION, ANY TREES, SHRUBS, FLOWERS, GROUND COVER, AND FIXTURES. THE CITY MAY WITHDRAW MAINTENANCE OF THE VAM EASEMENT AT ANY TIME. THE ULTIMATE MAINTENANCE RESPONSIBILITY FOR THE VAM EASEMENT SHALL REST WITH THE OWNERS. NO BUILDING, FENCE, SHRUB, TREE, OR OTHER IMPROVEMENTS OR GROWTHS, WHICH IN ANY WAY ENDANGER OR INTERFERE WITH THE VISIBILITY, SHALL BE CONSTRUCTED IN, ON, OVER, OR ACROSS THE VAM EASEMENT. THE CITY SHALL ALSO HAVE THE RIGHT, BUT NOT THE OBLIGATION, TO ADD ANY LANDSCAPE IMPROVEMENTS TO THE VAM EASEMENT, TO ERECT ANY TRAFFIC CONTROL DEVICES OR SIGNS ON THE VAM EASEMENT, AND TO REMOVE ANY OBSTRUCTION THEREON. THE CITY, ITS SUCCESSORS, ASSIGNS, OR AGENTS, SHALL HAVE THE RIGHT AND PRIVILEGE AT ALL TIMES TO ENTER UPON THE VAM EASEMENT OR ANY PART THEREOF FOR THE PURPOSES AND WITH ALL RIGHTS AND PRIVILEGES SET FORTH HEREIN. Item No. 6.e. City Council Agenda Staff Report Meeting Date: 6/13/2023 Staff Contact: Lauren Mecke AGENDA ITEM: Approve a Resolution regarding the Anna Station, Block A, Lot 1, Final Plat. (Planning Manager Lauren Mecke) SUMMARY: Multiple-family residences on one lot on 16.3± acres located on the south side of County Road 1106, 185± feet east of N. Powell Parkway. Zoned: Planned Development (Ord. No. 1022-2022). The purpose for the Final Plat is to dedicate right-of-way, lot and block boundaries, and easements necessary for the multiple-family residential development. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The Final Plat is in conformance with the adopted Planned Development standards and with the city’s Subdivision Regulations and Zoning Ordinances and is subject to additions and/or alterations to the engineering plans as required by the Public Works Department. The Planning and Zoning Commission recommended approval subject to additions and/or alterations to the engineering plans as required by the Public Works Department. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. ATTACHMENTS: 1. Anna Station, Block A, Lot 1 Final Plat Locator Map 2. RESOLUTION (FP) Anna Station, Block A, Lot 1 3. Approved Exhibit A (FP) Anna Station, Block A, Lot 1 GREENMEADOWS DRCOUNTY ROAD 1106 COUNTYROAD377GRANDVI EWAVECOUNTY ROAD 373 R Y A N STMCKINNEYSTFOSTER LN ABERDEEN DR AXTONAVECOLLIN S T HARVEY CT KYLESTTHOUSANDOAKS DRELAM DR W Y N D S O R T R L BOWE N S T SAXON TR L ASHLEYLNBELFORDSTBRYSON DR GARRETT CTN POWELL PKWYDALERDIVAN CTBENTLEY TRLGREYMOOREDRHARVEY ST GARRETT ST BELFORD STREET NORTHN STATE H IGHWAY 5BENTCREEKDRBELFORD STREET SOUTH BUTLER ST Copyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 400 800200 Feet May 2023 H:\Notification Maps\Notification Maps\ Final Plat - Anna Station, Block A, Lot 1 CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING ANNA STATION, BLOCK A, LOT 1, FINAL PLAT WHEREAS, In order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the “City Council”) has adopted Article 9.02 (“Subdivision Regulations”) and Article 9.04 (“Zoning Ordinance”) of the Anna City Code of Ordinances; and WHEREAS, ONM Living has submitted an application for approval of the Anna Station, Block A, Lot 1, Final Plat; and WHEREAS, Anna Station, Block A, Lot 1, Final Plat conforms to the existing zoning and Preliminary Plat; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Final Plat The City Council hereby approves the Anna Station, Block A, Lot 1, Final Plat attached hereto as Exhibit A subject to additions and/or alterations to the engineering plans as required by the Public Works Department. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 13th day of June, 2023. ATTEST: APPROVED: _____________________________ ____________________________ City Secretary, Carrie L. Land Mayor, Nate Pike 24'24' WILLIAM CREAGER SURVEY, ABSTRACT NO. 164 SURVEY LINE-APPROXIMATE LOCATION MNF CALLED 1.1094 ACRES TO HANIC ADISA BY SPECIAL WARRANTY DEED DOC. NO. 20051222001789770 O.P.R.C.C.T. SUMMER LAKE COUNTRY ESTATES, LOTS 1 THRU 12, BLOCK A VOL. 2016, PG. 415 P.R.C.C.T. LOT 1 LOT 2 LOT 3 LOT 4 LOT 5 LOT 6 CALLED 10.000 ACRES TO JASPER L. STANLEY BY CONTRACT OF SALE AND PURCHASE TEXAS VETERANS LAND PROGRAM DOC. NO. 19910329000162800 O.P.R.C.C.T. CALLED 10.000 ACRES TO CLYDE H. ORR BY DEED DOC. NO. 20220413000596770 O.P.R.C.C.T. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 1 2 3 4 6 5 4 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 24 25 26 1 2 3 4 5 1X-HOA 1X-HOA 23 24 27 28 29 30 25X-HOA1X-HOABLOCK B GREEN MEADOWS DOC. NO. 20210301010000590 O.P.R.C.C.T.CALLED 1 .923 ACRESMARSKY GROUP LLC NO . 20150818001040920O.P .R .C .C .T . 45' RIGHT OF WAY DEDICATION VOL. 2016, PG. 415, P.R.C.C.T.DALLAS AREA RAP ID TRANS ITVOL. 5443 , PG . 5532L.R .C .C .T . BLOCK C GREEN MEADOWS DOC. NO. 20210301010000590 O.P.R.C.C.T. BLOCK B GREEN MEADOWS DOC. NO. 20210301010000590 O.P.R.C.C.T. MNF MNFP.O.B. IRFC 1/2" IPF BRS, N78°03'41"E, 0.89'IRFC BLOCK A LOT 1 16.281 ACRES 709,196 SQ. FT.S4°31'00"E1818.96'N22°11'43"W2240.81 ' S88°22'34"E 511.50'S4°36'18"E243.17'S88°23'19"E 199.86' 27.25' BRYSON DRIVEGREYMOORE DRIVE25X-HOA49.19 ' 45' R.O.W. DEDICATION 357.14'989.92'24' 24'24'24' FIRE LANE AND UTILITY EASEMENT FIRE LANE AND UT IL ITY EASEMENTFIRE LANE AND UTILITY EASEMENTCO.RD. 1106 (VARIABLE WIDTH PUBLIC R.O.W.) 40' ROAD EASEMENT TO THE COUNTY OF COLLIN DOC. NO. 19960903000747820 O.P.R.C.C.T. 40' ROAD EASEMENT TO THE COUNTY OF COLLIN DOC. NO. 19960920000816400 O.P.R.C.C.T. 5/8" IRFC "KHA" 5/8" IRFC "KHA" 24.0'30.0'50.00'20' WATER LINE EASEMENT NO. 20170706000882960 O.P.R.C.C.T. Z.F. LESTER SURVEY, ABSTRACT NO. 546 WATER LINE EASEMENT NO. 20170721000960350 O.P.R.C.C.T. 20' DE DOC. NO. 20210301010000590 O.P.R.C.C.T. DE & SSE DOC. NO. 20210301010000590 O.P.R.C.C.T. ANNA CITY LIMITS L1C1L2 C2S22°11'43"E195.97 ' C3 C4 L3 C5 C6L4L5 S4°31'00"E678.99'C7L6 C8S22°11'43"E203.28 ' C9 L7 L8 C10L9L10N22°11'43"W1284.89 'C11L11 C12 L12C16 L14 C17 C 1 8 S4°31'00"E487.31'C13L13C1 4N22°11'42"W526.20 'C15385.99'L24 L23 15.00'15.00'286.55'L17 L18L19 L20L2115' D.E. 10' LANDSCAPE EASEMENT 15' TREE PRESERVAT ION EASEMENT 20' SB 20' SB 10' SB10' SB 10' SB10' SB15' SB15' SB10' TREE PRESERVATION EASEMENT10' TREE PRESERVATION EASEMENTV.A.M. EASEMENT SEE DETAIL "A"24.0'45.27'L30L31C19 C20 80.41' 5 6 7 8 9 5 6 7 8 919X-HOAGREYMOORE DRIVEDALLAS AREA RAP ID TRANS IT 779.04'DRAINAGE EASEMENT 40,920 S.F. 0.935 ACRES 1 2 3 4 1 2 3 4 5 BLOCK B GREEN MEADOWS DOC. NO. 20210301010000590 O.P.R.C.C.T. BLOCK B GREEN MEADOWS DOC. NO. 20210301010000590 O.P.R.C.C.T. "KHA" DE & SSE DOC. NO. 20210301010000590 O.P.R.C.C.T.10' SB15' SB 5 6 7 8 9 10 11 12 13 5 6 7 8 919X-HOA19X-HOA LOT 1X, BLOCK N NORTHPOINTE CROSSING PHASE 4 WEST & PHASE 4 EAST DOC. NO. 20190124010000370 O.P.R.C.C.T. N87°49'42"W 27.37'GREYMOORE DRIVEDALLAS AREA RAP ID TRANS ITVOL. 5443 , PG . 5532L.R .C .C .T .779.04'Z.F. LESTER SURVEY, ABSTRACT NO. 546 SURVEY LINE - APPROXIMATE LOCATION SAMUEL MOORE SURVEY, ABSTRACT NO. 1627 1/2"IRFC "BURNS" IRON BAR FOUND BRS, N14°37'39"W 1.33' IRON BAR FOUND BRS, N49°05'27"E 1.64' 1/2"IRFC "BURNS" 1/2" IRFC "PERSEN & MAKIN SURVEYING" BRS, S86°04'36"E, 1.71' 1/2" IRFC "EC&D" BRS, S32°20'24"E, 1.31' 15.00' L15 L16 L22 S4°31'00"E320.03'N22°11'43"W392.45 ' DRAINAGE EASEMENT 40,920 S.F. 0.935 ACRES 10' SBLINE TABLE NO. L1 L2 L3 L4 L5 L6 L7 L8 L9 L10 L11 L12 L13 L14 L15 BEARING S01°37'26"W N88°22'34"W S88°22'34"E N04°31'00"W N85°29'00"E S67°48'17"W N85°28'59"E S85°28'59"W S22°11'43"E S67°48'17"W S88°22'34"E N01°37'26"E S67°48'17"W S88°22'34"E S85°29'00"W LENGTH 110.50' 106.46' 112.16' 107.51' 24.00' 6.16' 100.51' 71.83' 95.90' 24.00' 47.46' 86.50' 6.16' 112.16' 15.00' LINE TABLE NO. L16 L17 L18 L19 L20 L21 L22 L23 L24 L25 L26 L27 L28 L29 L30 BEARING S67°48'17"W N67°48'17"E N22°11'43"W N67°48'17"E S22°11'43"E S04°31'00"E N85°29'00"E S85°29'00"W N85°29'00"E N85°59'51"W N88°22'34"W S88°22'34"E N88°03'53"E N01°37'26"E N01°37'26"E LENGTH 38.46' 123.12' 24.67' 36.00' 38.53' 62.32' 15.00' 128.00' 128.00' 394.20' 395.35' 106.69' 109.38' 19.73' 81.00' LINE TABLE NO. L31 CURVE TABLE NO. C1 C2 C3 C4 C5 C6 C7 C8 C9 C10 C11 C12 C13 C14 C15 C16 C17 C18 C19 DELTA 90°00'00" 113°49'08" 84°07'47" 17°56'54" 1°37'28" 94°30'58" 72°19'18" 90°44'46" 72°19'19" 107°40'41" 113°49'08" 90°00'00" 72°19'18" 90°00'01" 99°00'48" 14°48'20" 3°11'37" 87°03'11" 180°00'00" RADIUS 30.00' 30.00' 30.00' 212.00' 188.00' 30.00' 54.00' 30.00' 30.00' 30.00' 54.00' 30.00' 30.00' 30.00' 30.00' 188.00' 212.00' 30.00' 5.50' LENGTH 47.12' 59.60' 44.05' 66.41' 5.33' 49.49' 68.16' 47.52' 37.87' 56.38' 107.27' 47.12' 37.87' 47.12' 51.84' 48.58' 11.82' 45.58' 17.28' CHORD BEARING S46°37'26"W S34°42'52"W S64°15'35"E N82°38'59"E S89°11'18"E N42°44'29"E S31°38'39"W S22°25'42"W S58°21'22"E S31°38'38"W N34°42'52"E N46°37'26"E S31°38'39"W N67°11'42"W N27°18'42"E N84°13'15"E S89°58'23"E S48°02'36"E S88°22'34"E CHORD 42.43' 50.27' 40.20' 66.14' 5.33' 44.07' 63.73' 42.71' 35.40' 48.44' 90.48' 42.43' 35.40' 42.43' 45.63' 48.45' 11.82' 41.32' 11.00' CALLED 1.1094 ACRES L25 L26 L27 L28L29CO.RD. 1106 (VARIABLE WIDTH PUBLIC R.O.W.) V.A.M. EASEMENT 22.89' 3.68' GRAPHIC SCALE IN FEET 0100 50 100 200 1" = 100'@ 24X36 NORTH DWG NAME: K:\CEL_SURVEY\063219515-ANNA STATION\DWG\063219515 - ANNA STATION-FINAL PLAT.DWG PLOTTED BYALLEN, STEPHEN 5/24/2023 8:35 AM LAST SAVED5/22/2023 3:52 PMDrawn by WBD Checked by Date Project No. Celina, Texas 75009 400 N. Oklahoma Drive, Suite 105 Tel. No. (469) 501-2200 FIRM # 10194503 MJS FEB. 2023 063219515 APPLICANT: Kimley-Horn and Associates, Inc. 400 N. Oklahoma Dr., Suite 105 Celina, Texas 75009 Phone: 972-704-1177 Contact : Cole Eckeberger, P.E. SURVEYOR: Kimley-Horn and Associates, Inc. 400 N. Oklahoma Dr., Suite 105 Celina, Texas 75009 Phone: 469-501-2200 Contact : Daniel Arthur, R.PL.S. FINAL PLAT OF ANNA STATION BLOCK A, LOT 1 BEING 16.281 ACRES IN THE Z.F. LESTER SURVEY, ABSTRACT NO. 546 CITY OF ANNA, COLLIN COUNTY, TEXAS Sheet No. 1 OF 1 N.T.S.VICINITY MAP NORTH MATCH LINE ~ SEE THIS SHEET MATCH LINE ~ SEE THIS SHEET Scale 1" = 100' OWNER: Anna 1340 Holdings, LLC 421 Country Club Road Fairview, Texas 75069 Phone: Contact : NOTES 1.All bearings shown are based on grid north of the Texas Coordinate System of 1983, North Central Zone (4202), North American Datum of 1983. All dimensions shown are ground distances. To obtain a grid distance, multiply the ground distance by the Project Combined Factor (PCF) of 0.999847313. 2.According to Federal Emergency Management Agency's Flood Insurance Rate Map No. 48085C0070J, for Collin County, Texas and incorporated areas, dated 06/02/2009, this property is located within Zone X (unshaded) defined as "Areas determined to be outside the 0.2% annual chance floodplain. If this site is not within an identified special flood hazard area, this flood statement does not imply that the property and/or the structures thereon will be free from flooding or flood damage. On rare occasions, greater floods can and will occur and flood heights may be increased by man-made or natural causes. This flood statement shall not create liability on the part of the surveyor. 3.All corners are 5/8" iron rods set with a plastic cap stamped "KHA" unless otherwise noted. 4.Selling a portion of this addition by metes and bounds is a violation of city Subdivision Ordinance and State platting statutes and is subject to fines and withholding of utility and building permits. OWNER'S DEDICATION NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: THAT ANNA 1340 HOLDINGS, LLC acting herein by and through it's duly authorized officers, does hereby adopt this plat designating the hereinabove described property as ANNA STATION, BLOCK A, LOT 1, an addition to the City of Anna, Texas, and does hereby dedicate, in fee simple, to the public use forever, the streets and alleys shown thereon. The streets and alleys are dedicated for street purposes. The easements and public use areas, as shown, are dedicated for the public use forever, for the purposes indicated on this plat. No buildings, fences, trees, shrubs, or other improvements or growths shall be constructed or placed upon, over, or across the easements as shown, except that landscape improvements may be placed in landscape easements, if approved by the City of Anna. In addition, utility easements may also be used for the mutual use and accommodation of all public utilities desiring to use or using the same unless the easement limits the use to particular utilities, said use by public utilities being subordinate to the public's and City of Anna's use thereof. The City of Anna and public utility entities shall have the right to remove and keep removed all or parts of any buildings, fences, trees, shrubs, or other improvements or growths which may in any way endanger or interfere with the construction, maintenance, or efficiency of their respective systems in said easements. The City of Anna and public utility entities shall at all times have the full right of ingress and egress to or from their respective easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, reading meters, and adding to or removing all or parts of their respective systems without the necessity at any time of procuring permission from anyone. STATE OF TEXAS § COUNTY OF COLLIN § KNOW ALL MEN BY THESE PRESENTS That I, Daniel Arthur, do hereby certify that I prepared this plat and the field notes made a part thereof from an actual and accurate survey of the land and that the corner monuments shown thereon were properly placed under my supervision. _____________________________________________ Daniel Arthur Registered Professional Land Surveyor Texas Registration No. 5933 Kimley-Horn and Associates, Inc. 400 North Oklahoma Drive, Suite 105 Celina, TX 75009 (469) 501-2172 daniel.arthur@kimley-horn.com STATE OF TEXAS § § COUNTY OF COLLIN § Before me, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared Daniel Arthur, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purpose and considerations therein expressed. Given under my hand and seal of office, this _______________ day of ________________________________, 2023. ________________________________________________ Notary Public in and for the State of Texas __________________________________ Printed Name __________________________________ My Commission Expires ANNA 1340 HOLDINGS, LLC BY:______________________________ STATE OF ______________§ § COUNTY OF ____________ § BEFORE ME, the undersigned authority, a Notary Public in and for said county and state, on this day personally appeared __________________________________________________________________, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purpose and consideration therein expressed. Given under my hand and seal of office this the ______ day of _____________________, 2023. IRON ROD FOUND IRON ROD W/ CAP FOUND IRF IRFC LEGEND POINT OF BEGINNINGP.O.B. D.R.C.C.T.DEED RECORDS OF COLLIN COUNTY, TEXAS P.R.C.C.T.PLAT RECORDS OF COLLIN COUNTY, TEXAS BUILDING LINEB.L. PUBLIC UTILITY EASEMENTP.U.E. HOME OWNER'S ASSOCIATIONHOA RIGHT-OF-WAYR.O.W. SANITARY SEWER EASEMENTS.S.E. WATER LINE EASEMENTW.E. DRAINAGE EASEMENTD.E. IRON ROD W/ CAP SETIRFS ELECTRIC EASEMENTE.E. GCEC GRAYSON-COLLIN ELECTRIC COOPERATIVE STREET NAME CHANGE WALL MAINTENANCE EASEMENTW.M.E. VISIBILITY AND MAINTENANCE EASEMENTV.A.M. LINE TYPE LEGEND BOUNDARY LINE EASEMENT LINE LOT LINE ADJOINER LINE BUILDING SETBACK ROADWAY CENTERLINE NOTICE: PRELIMINARY PLAT FOR REVIEW PURPOSES ONLY PROPERTY DESCRIPTION 16.281 ACRES BEING a tract of land situated in the Z. F. Lester Survey, Abstract No. 546, City of Anna, Collin County, Texas and being all of Tract 1- called 15.02 acres and all of Tract 2- called 1.286 acres, described in deed to Anna 1340 Holding, LLC, as recorded in Document Number 20211229002616750, Official Public Records of Collin County, Texas and being further described as follows: BEGINNING at a mag nail found at the northwest corner of said 1.286 acre tract, said point being in the approximate centerline of County Road 1106, a variable width public right-of-way, said point also being in the approximate north line of said Z.F. Lester Survey, from which the approximate northwest corner of said Z.F. Lester Survey Bears North 88°22'34" West, 1,184 feet; THENCE South 88°22'34" East, at 27.25 feet, passing a mag nail found for the northeast corner of said 1.286 acre tract, said point also being the northwest corner of said 15.02 acre tract, continuing in all a total distance of 511.50 feet to a mag nail found for the most northerly northeast corner of said 15.02 acre tract, said point also being the northwest corner of a called 1.1094 acre tract of land described in deed to Hanic Adisa as recorded in Document Number 20051222001789770, Official Public Records of Collin County, Texas; THENCE along the common line of said 15.02 acre tract and said 1.1094 acre tract as follows: South 04°36'18" East, 243.17 feet to a 5/8 inch iron rod with red plastic cap stamped "KHA" found for an interior ell corner of said 15.02 acre tract, said point also being the southwest corner of said 1.1094 acre tract; South 88°23'19" East, 199.86 feet to a 5/8 inch iron rod with red plastic cap stamped "KHA" found for the southeast corner of said 1.1094 acre tract, said point also being in the west line of Lot 25X-HOA, Block A, Green Meadows, an addition to the City of Anna, Texas as recorded in Document Number 20210301010000590, Official Public Records of Collin County, Texas; THENCE South 04°31'00" East, along the west line of said Lot 25X-HOA, passing at 989.92 feet a 5/8 inch iron rod with red plastic cap stamped "KHA" found at the north right-of-way line of Bryson Drive (a 50 foot public right-of-way recorded in Document No. 20210301010000590), at 1,039.92 feet passing a 5/8 inch iron rod with red plastic cap stamped "KHA" found at the south right-of-way line of said Bryson Drive, and along the west line of Lot 19X-HOA, Block A, of said Green Meadows addition, continuing in all a total distance of 1,818.96 feet to a 1/2 inch iron rod with cap stamped "BURNS" found for the southwest corner of said 15.02 acre tract, said point being the southeast corner of said 1.286 acre tract, from which a 1/2 inch rectangle rod found bears North 49°05'27" East, 1.64 feet, from which a 1/2 inch rectangle rod found bears North 14°37'39" West, 1.33 feet; THENCE North 87°49'42" West, 27.37 feet along the south line of said 1.286 acre tract to a 1/2 inch iron rod with cap stamped "BURNS" found at the southwest corner of said 1.286 acre tract, said point also being in the east line of that tract of land described in deed to Dallas Area Rapid Transit (DART) as recorded in Volume 5443, Page 5532, Land records of Collin County, Texas, from which a 1/2 inch iron rod wit cap stamped "PERSEN & MAKIN" found bears South 86°04'36" East, 1.71 feet, from which a 1/2 inch iron rod found stamped "EC&D" bears South 32°20'24" East, 1.31 feet; THENCE North 22°11'43" West, 2,240.81 feet along the west line of said 1.286 acre tract and along the east line of said DART tract to the POINT OF BEGINNING and containing 709,196 square feet or 16.281 acres of land. PRELIMINARY THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE AND SHALL NOT BE USED OR VIEWED OR RELIED UPON AS A FINAL SURVEY DOCUMENT ACCESS EASEMENT The undersigned does covenant and agree that the access easement may be utilized by any person or the general public for ingress and egress to other real property, and for the purpose of general public vehicular and pedestrian use and access, and for Fire Department and emergency use, in, along, upon, and across said premises, with the right and privilege at all times of the City of Anna, its agents, employees, workmen, and representatives having ingress, egress, and regress in, along, upon, and across said premises. TREE PRESERVATION EASEMENT The tree preservation easement is designated as a non-disturbance area in which no construction or tree removal will occur. Removal of any trees in these areas are subject to restrictions under Sec. 9.07.033 (Permit required; exceptions) of Article 9.07 (Tree Preservation) within the City of Anna Code of Ordinances. DRAINAGE AND DETENTION EASEMENT STATE OF TEXAS COUNTY OF COLLIN CITY OF ANNA This plat is hereby adopted by the Owners and approved by the City of Anna (called “City”) subject to the following conditions which shall be binding upon the Owners, their heirs, grantees and successors: The portion of Lot 1, as shown on the plat is called “Drainage and Detention Easement.” The Drainage and Detention Easement within the limits of this addition, will remain open at all times and will be maintained in a safe and sanitary condition by the owners of the lot or lots that are traversed by or adjacent to the Drainage and Detention Easement. The City will not be responsible for the maintenance and operation of said Easement or for any damage to private property or person that results from conditions in the Easement, or for the control of erosion. No obstruction to the natural flow of storm water run-off shall be permitted by construction of any type of building, fence, or any other structure within the Drainage and Detention Easement as hereinabove defined, unless approved by the City Engineer. Provided, however, it is understood that in the event it becomes necessary for the City to erect or consider erecting any type of drainage structure in order to improve the storm drainage that may be occasioned by the City shall have the right to enter upon the Drainage and Detention Easement at any point, or points, to investigate, survey or to erect, construct and maintain any drainage facility deemed necessary for drainage purposes. Each property owner shall keep the Drainage and Detention Easement clean and free of debris, silt, and any substance which would result in unsanitary conditions or obstruct the flow of water, and the City shall have the right of ingress and egress for the purpose of inspection and supervision of maintenance work by the property owner to alleviate any undesirable conditions which may occur. The natural drainage through the Drainage and Detention Easement is subject to storm water overflow and natural bank erosion to an extent which cannot be definitely defined. The City shall not be held liable for any damages of any nature resulting from the occurrence of these natural phenomena, or resulting from the failure of any structure, or structures, within the Easement. FIRE LANE EASEMENT That the undersigned does hereby covenant and agree that he (they) shall construct upon the fire lane easements, as dedicated and shown hereon, a hard surface and that he (they) shall maintain the same in a state of good repair at all times and keep the same free and clear of any structures, fences, trees, shrubs, or other improvements or obstruction, including but not limited to the parking of motor vehicles, trailers, boats, or other impediments to the access of fire apparatus. The maintenance of paving on the fire lane easements is the responsibility of the owner, and the owner shall post and maintain appropriate signs in conspicuous places along such fire lanes, stating “Fire Lane, No Parking.” The police or his duly authorized representative is hereby authorized to cause such fire lanes and utility easements to be maintained free and unobstructed at all times for Fire Department and emergency use. CERTIFICATE OF APPROVAL APPROVED on this the ________day of ____________, 2023, by the City Council, City of Anna, Texas. ____________________________________ Mayor _____________________________________ City Secretary VISIBILITY, ACCESS AND MAINTENANCE EASEMENTS The area or areas shown on the plat as "VAM" (Visibility , Access, and Maintenance) easement(s) are hereby given and granted to the city, its successors and assigns, as an easement to provide visibility, right of access, and maintenance upon and across said VAM easement. The city shall have the right, but not the obligation, to maintain any and all landscaping within the VAM easement. Should the city exercise this maintenance right, it shall be permitted to remove and dispose of any and all landscaping improvements, including without limitation, any trees, shrubs, flowers, ground cover, and fixtures. The city may withdraw maintenance of the VAM easement at any time. The ultimate maintenance responsibility for the VAM easement shall rest with the owners. No building, fence, shrub, tree, or other improvements or growths, which in any way endanger or interfere with the visibility, shall be constructed in, on, over, or across the VAM easement. The city shall also have the right, but not the obligation, to add any landscape improvements to the VAM easement, to erect any traffic control devices or signs on the VAM easement, and to remove any obstruction thereon. The city, its successors, assigns, or agents, shall have the right and privilege at all times to enter upon the VAM easement or any part thereof for the purposes and with all rights and privileges set forth herein. DETAIL "A" 1"=100' EXHIBIT A Item No. 6.f. City Council Agenda Staff Report Meeting Date: 6/13/2023 Staff Contact: Lauren Mecke AGENDA ITEM: Approve a Resolution regarding the Anna Station, Block A, Lot 1, Site Plan. (Planning Manager Lauren Mecke) SUMMARY: Multiple-family residences on one lot on 16.3± acres located on the south side of County Road 1106, 185± feet east of N. Powell Parkway. Zoned: Planned Development (Ord. No. 1022-2022). The purpose of the Site Plan is to show the proposed multiple-family residence development. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The Site Plan is in conformance with the adopted Planned Development standards and with the city’s Subdivision Regulations and Zoning Ordinances and is subject to additions and/or alterations to the engineering plans as required by the Public Works Department. The Planning and Zoning Commission recommended approval subject to additions and/or alterations to the engineering plans as required by the Public Works Department. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. ATTACHMENTS: 1. Anna Station, Block A, Lot 1 Site Plan Locator Map 2. RESOLUTION (SP) Anna Station, Block A, Lot 1 3. Approved Exhibit A (SP) Anna Station, Block A, Lot 1 GREENMEADOWS DRCOUNTY ROAD 1106 COUNTYROAD377GRANDVI EWAVECOUNTY ROAD 373 R Y A N STMCKINNEYSTFOSTER LN ABERDEEN DR AXTONAVECOLLIN S T HARVEY CT KYLESTTHOUSANDOAKS DRELAM DR W Y N D S O R T R L BOWE N S T SAXON TR L ASHLEYLNBELFORDSTBRYSON DR GARRETT CTN POWELL PKWYDALERDIVAN CTBENTLEY TRLGREYMOOREDRHARVEY ST GARRETT ST BELFORD STREET NORTHN STATE H IGHWAY 5BENTCREEKDRBELFORD STREET SOUTH BUTLER ST Copyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 400 800200 Feet May 2023 H:\Notification Maps\Notification Maps\ Site Plan - Anna Station, Block A, Lot 1 CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING ANNA STATION, BLOCK A, LOT 1, SITE PLAN WHEREAS, In order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the “City Council”) has adopted Article 9.02 (“Subdivision Regulations”) and Article 9.04 (“Zoning Ordinance”) of the Anna City Code of Ordinances; and WHEREAS, ONM Living has submitted an application for approval of the Anna Station, Block A, Lot 1, Site Plan; and WHEREAS, Anna Station, Block A, Lot 1, Site Plan conforms to the existing zoning and Final Plat; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Site Plan The City Council hereby approves the Anna Station, Block A, Lot 1, Site Plan attached hereto as Exhibit A subject to additions and/or alterations to the engineering plans as required by the Public Works Department. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 13th day of June, 2023. ATTEST: APPROVED: _____________________________ ____________________________ City Secretary, Carrie L. Land Mayor, Nate Pike 4 4 5 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 8 8 4 4 8 2 4 4 4 4 4 4 4 4 4 2 1 2 1 2 2 2 2 2 2 2 2443 2212442 2 8 2 4 4 2 4 4 8 2 38 2 2 7 2 1 4 2 1 2 PLOTTED BYLESNANSKY, MCKENZIE 5/18/2023 3:38 PMDWG NAMEK:\CEL_CIVIL\063219515 - ONM ANNA STATION\CAD\PRELIMINARY\PLANSHEETS\C_SITE PLAN.DWG [SITE PLAN (1 OF 2)]LAST SAVED5/18/2023 3:37 PMBLOCK A, LOT 1 BEING 16.3 ACRES OUT OF THE Z.F.LESTER SURVEY, ABSTRACT NO. 546 IN THE CITY OF ANNA, COLLIN COUNTY, TEXAS DEVELOPER: ANNA STATION 400 N. Oklahoma Dr. Suite 105 Celina, TX 75009 Tel: (469) 501-2200 Contact: COLE M. ECKEBERGER, P.E. ENGINEER/SURVEYOR: DESIGNED DRAWN CHECKED SCALE AS SHOWN DATE KH PROJECT NO. OWNER: FOR ONM Living 1038 Texan Trail Grapevine, TX 76051 Tel: (817) 614-9049 Contact: Zac Thompson MAL CME MAY 2023 063219515 ONM Living 1038 Texan Trail Grapevine, TX 76051 Tel: (817) 614-9049 Contact: Zac Thompson C-04 SITE PLAN (1 OF 2) NCHMATCH LINESHEET 2 OF 2 4 4 LEGEND 4 * NOTES 00 40'80' GRAPHIC SCALE 40' BUILDING TYPE SITE PLAN GENERAL NOTES: SCALE: 1" = 2,000' VICINITY MAP SCALE: 1" = 2,000' VICINITY MAP CARPORT DETAIL ONE SINGLE LOT TOTALING: 710,028 SQUARE FEET 16.3 ACRES EXHIBIT A 1 OF 2 P&Z COMMISSION CITY OF ANNA APPROVED JUNE 13, 2023 CITY COUNCIL CITY OF ANNA APPROVED JUNE 5, 2023 1.2'2.1'1.2'4 4 4 4 4 4 4 4 4 4 4 4 2 2 2 2 4 2 *PLOTTED BYLESNANSKY, MCKENZIE 5/18/2023 3:38 PMDWG NAMEK:\CEL_CIVIL\063219515 - ONM ANNA STATION\CAD\PRELIMINARY\PLANSHEETS\C_SITE PLAN.DWG [SITE PLAN (2 OF 2)]LAST SAVED5/18/2023 3:37 PMBLOCK A, LOT 1 BEING 16.3 ACRES OUT OF THE Z.F.LESTER SURVEY, ABSTRACT NO. 546 IN THE CITY OF ANNA, COLLIN COUNTY, TEXAS DEVELOPER: ANNA STATION 400 N. Oklahoma Dr. Suite 105 Celina, TX 75009 Tel: (469) 501-2200 Contact: COLE M. ECKEBERGER, P.E. ENGINEER/SURVEYOR: DESIGNED DRAWN CHECKED SCALE AS SHOWN DATE KH PROJECT NO. OWNER: FOR ONM Living 1038 Texan Trail Grapevine, TX 76051 Tel: (817) 614-9049 Contact: Zac Thompson MAL CME MAY 2023 063219515 ONM Living 1038 Texan Trail Grapevine, TX 76051 Tel: (817) 614-9049 Contact: Zac Thompson C-05NCHMATCH L INE SHEET 1 OF 2 4 4 LEGEND 4 * SITE PLAN GENERAL NOTES: NOTES ONE SINGLE LOT TOTALING: 710,028 SQUARE FEET 16.3 ACRES CARPORT DETAIL 00 40'80' GRAPHIC SCALE 40' BUILDING TYPE SITE PLAN (2 OF 2) SCALE: 1" = 2,000' VICINITY MAP SCALE: 1" = 2,000' VICINITY MAP EXHIBIT A 2 OF 2 P&Z COMMISSION CITY OF ANNA APPROVED JUNE 13, 2023 CITY COUNCIL CITY OF ANNA APPROVED JUNE 5, 2023 Item No. 6.g. City Council Agenda Staff Report Meeting Date: 6/13/2023 Staff Contact: Lauren Mecke AGENDA ITEM: Approve a Resolution regarding the extension request for the One Anna Two, Block B, Lots 1 & 2, Final Plat. (Planning Manager Lauren Mecke) SUMMARY: The applicant is requesting an extension of the approved Final Plat. Attached (Exhibit A) is the applicant's request along with the approved Final Plat (Exhibit B). FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The Subdivision Regulations states in §9.02.041 (General Requirements for plats):(i) Final plat expiration and extension. (1) Expiration.An approved final plat shall expire and shall thereafter be deemed null and void if the final plat has not been recorded as required in section 9.02.044(g) within two years from the date of the city council’s approval of the final plat. Upon expiration, or upon denial of a timely submitted request for extension of plat approval, a new preliminary plat application shall be required to submitted, subject to requirements in effect at the time the new application is filed with the city. (2) Extension.The city council may extend a final plat for a period not to exceed one year on the written request of the applicant. The request must be filed before the final plat expires and must document the reasons for the extension. In determining whether to grant a request, the council shall take into account the reasons for the requested extension, the ability of the applicant to comply with any conditions attached to the original approval, whether extension is likely to result in timely completion of the project, and the extent to which any newly adopted regulations should be applied to the proposed development. In granting an extension, the council may impose such conditions as are needed to assure that the land will be developed in a timely fashion and that the public interest is served, including compliance with one or more new adopted development standards. The final plat is typically filed with the County Clerk's Office once the public improvements have been accepted by the City Engineer. The groundbreaking for the multiple-family development occurred in March 2023 and paving for the fire lanes is projected to begin in July 2023. The final plat will have to be resubmitted to the Planning and Zoning Commission and City Council, if: o City Council denys the request; or o If the request is approved and the applicant does not complete public improvements and record the final prior to the June 22, 2024 deadline. Staff recommends approval of the applicant's extension request for the Final Plat of One Anna Two, Block B, Lots 1 & 2. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. ATTACHMENTS: 1. Locator 2. RESOLUTION - (FP Extension) One Anna Two Addn BL B Lts 1 & 2 3. Exhibit B STAMPED (FP) One Anna Two Addn BL B Lts 1 & 2 - Quinn 4. Exhibit A Final Plat Extension Request - One Anna Two Addition, Block B, Lots 1 & 2 W WHITE ST US HIGHWAY 75HILLTOP DRS CENTRAL EXPYCREEKVIEW DRS STANDRIDGE BLVDSHADYBROOK TRLCREEKSIDE DRLAKESHORE DR SUZIE LN S THROCKMORTON BLVDN CENTRAL EXPYCOUNTY ROAD 368CREEK MEADOW DR HACKBERRY DR H A R DW OO D T R L LAK E FOR E S T TR LWI N D I N G C R E E K L N WILEY FARMN STANDRIDGE BLVDSPRING VALLEY WAYN CENTRAL EXPYS CENTRAL EXPYUS HIGHWAY 75Copyright nearmap 2015 Proposed Site Parcels ¯ 0 500 1,000250Feet April 2021 L:\Planning & Development\Project Review\One Anna Two Addn, BL B, Lts 1 & 2 (FP SP LP)\Locators\Agenda Map-FP.mxd Final Plat- One Anna Two Addition, Block B, Lots 1 & 2 CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A FINAL PLAT OF ONE ANNA TWO ADDITION, BLOCK B, LOTS 1 & 2. WHEREAS, in order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the “City Council”) has adopted Article 9.02 (“Subdivision Regulations”) and Article 9.04 (“Zoning Ordinance”) of the Anna City Code of Ordinances; and WHEREAS, Anna Village Residential LTD and Anna Village Commercial LTD, has submitted an application for approval of a Final Plat of One Anna Two Addition, Block B, Lots 1 & 2 and receive approval by City Council on June 22, 2021; WHEREAS, The Final Plat of One Anna Two Addition, Block B, Lots 1 & 2 conforms to the existing zoning; WHEREAS, The public improvements have not been completed therefore the Final Plat will not be recorded by June 22, 2023 and the applicant has submitted a request, Exhibit A, to extend the approval of the Final Plat in accordance with the Subdivision Regulations; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Final Plat Extension The City Council hereby approves a one-year extension the final plat approval of One Anna Two Addition, Block B, Lots 1 & 2 hereto as Exhibit B. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 13th day of June 2023. ATTEST: APPROVED: _____________________________ ____________________________ City Secretary, Carrie L. Land Mayor, Nate Pike EXHIBIT AP&Z COMMISSIONCITY OF ANNA APPROVED JUNE 22, 2021CITY COUNCIL CITY OF ANNA APPROVED JUNE 1, 2021B kimley-horn.com 400 North Oklahoma Drive, Suite 105, Celina, Texas 75009 469 501 2200 May 26, 2023 City Council City of Anna 120 W. 7th Street Anna, Texas 75409 RE: The Quinn – Final Plat – Extension Request. Members of the City of Anna City Council, On behalf of Anna Village Residential, LTD, we respectfully request a twelve (12) month extension from June 2023 up to June 2024 for the Final Plat for Lot 1 and 2, Block A of the One Anna Two Addition. Underground site utilities are approximately 80% complete and the foundation for the building has been started. Paving operations are projected to start in July of 2023. It is projected that all public improvements be completed in the first quarter of 2024. The request for the extension to June 2024 is to allow for rain delays and complete and punch list items after the final walk. Please contact me at (469) 301-2581 or Anthony.loeffel@Kimley-horn.com should you have any questions or concerns. Sincerely, Anthony Loeffel, PE RECEIVED 5/26/2023 DEVELOPMENT SERVICES CITY OF ANNAEXHIBIT A Item No. 6.h. City Council Agenda Staff Report Meeting Date: 6/13/2023 Staff Contact: Ray Isom AGENDA ITEM: Approve a Resolution approving the funding of Fire Department equipment needs related to SCBA replacement airpacks, in an amount not to exceed $96,000. (Fire Chief Ray Isom) SUMMARY: The City of Anna is responsible for protecting the health, safety and welfare of the community and, in order to provide for the welfare of the community, the City's Fire Department is seeking to purchase equipment required for the safe and efficient operation of firefighter activities. The Anna Fire Department seeks to purchase (10) ten SCBA replacement air packs, (10) ten SCBA cylinders and (8) eight SCBA voice amps to replace the end-of-life equipment currently in service. FINANCIAL IMPACT: Funding for the ten SCBA air packs is available in the FY2023 Fire Department Budget budget in the amount of $96,000. BACKGROUND: Anna Fire Department currently has (10) ten SCBA air packs that are end-of-life and are in need of being replaced for the safety and efficient operation of firefighter activities. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic plan, specifically advancing: Goal 4: High Performing, Professional City ATTACHMENTS: 1. Metro Fire Quote - SCBA 2. Resolution Approving Purchase and Authorizing Execution of Purchase Order for SCBA Equipment CITY OF ANNA, TEXAS RESOLUTION NO._ A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE ORDER FOR THE PURCHASE OF FIREFIGHTING EQUIPMENT AS SHOWN IN EXHIBIT “A” ATTACHED HERETO, IN THE AMOUNT NOT TO EXCEED NINETY-SIX THOUSAND DOLLARS AND ZERO CENTS ($96,000); 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 Fire Department is seeking to purchase equipment required for the safe and efficient operation of firefighter activities within an Immediately Dangerous to Life or Health (IDLH) atmospheric environment; and WHEREAS, the requested Self-Contained Breathing Apparatus (SCBA) equipment will replace the end-of-life equipment currently in service; and WHEREAS, the specified equipment includes (10) ten SCBA replacement air packs, (10) ten SCBA cylinders and (8) eight SCBA voice amps; and WHEREAS, the City's Financial Policy adopted on September 28, 2010, by Ordinance No. 511-2010 requires that all purchases exceeding $50,000 must be purchased under formal competitive sealed bidding rules or as otherwise permitted by the Texas Local Government Code under Chapters 252 and 271; and, WHEREAS, Section 252.022(a)(2) of the Texas Local Government Code exempts from competitive bidding a procurement necessary to preserve or protect the public health or safety of the municipality's residents; and, WHEREAS, the purchase price is contained in the written quote attached as Exhibit A offered by Metro Fire Apparatus Specialists, Inc. 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. The City Manager is hereby authorized to execute a purchase order for firefighter equipment, in the amount not to exceed $96,000 for the City of Anna, Texas. The funding for the purchase order shall come from the General Fund. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 13th day of __ June , 2023. ATTEST:APPROVED: City Secretary, Carrie L. Land Mayor, Nate Pike Item No. 6.i. City Council Agenda Staff Report Meeting Date: 6/13/2023 Staff Contact: Alan Guard AGENDA ITEM: Approve a Resolution approving a contract with Valley View Consulting for Investment Advisory Services. (Finance Director Alan Guard) SUMMARY: As interest rates have increased significantly since 2021, staff believes the City's return on investment would be maximized by employing an investment advisory consultant. The City of Anna currently has funds in excess of $190 million including more than $100 million of bond funds and certificates of obligation. FINANCIAL IMPACT: All payments will come from interest earnings at the following rates: Average Quarter End Book Value: First $100 million - Annual fee 0.030% (3 basis points); Next $100 million - 0.020% (2 basis points); Balances over $200 million 0.010% (1 basis point). In addition, the City will receive a $7500 credit for the Bank Depository Consulting Fee paid to Valley View previously for that service. BACKGROUND: The Finance Director, Assistant Finance Director and Assistant City Manager currently make up the Investment Committee and manage the City's $190 million investment portfolio. With the increase in funds available for investing from the sales of bonds and certificates of obligation, the Committee believes that hiring an Investment Advisor would help better manage these funds and increase the rate of return, while maintaining liquidity, and above all else, safety, of these funds. The City solicited a Request for Proposal for these services and received four proposals: Deep Blue Investment Advisors, Hilltop Securities, Meeder Public Funds, and Valley View Consulting. A panel consisting of Assistant City Manager Lough, Finance Director Guard, Assistant Finance Director Ferguson, and City of McKinney Treasurer Kelvin Bryant interviewed each of the firms. Following the presentations, the panel unanimously selected Valley View Consulting to recommend to City Council as the preferred firm. The panel made the decision based on Valley View's conservative approach to investing the City's funds. Valley View Consulting previously provided investment advisory services to the City from 2013 to 2018. The contract was not renewed due to very low interest rates. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Excellent. ATTACHMENTS: 1. IA Agreement 2023 05 23 Anna 2. Resolution Investment Advisory Services Contract 06.13.2023 1 AGREEMENT BY AND BETWEEN THE CITY OF ANNA, TEXAS AND VALLEY VIEW CONSULTING, L.L.C. It is understood and agreed that the City of Anna (the Investor) will have money available for investment (the Investable Funds) and Valley View Consulting, L.L.C. (the Advisor) has been requested to provide professional services to the Investor with respect to the Investable Funds. This agreement (the Agreement) constitutes the understanding of the parties with regard to the subject matter hereof. 1. This Agreement shall apply to any and all Investable Funds of the Investor from time to time during the period in which this Agreement shall be effective. 2. The Advisor agrees to provide its professional services to direct and coordinate all programs of investing as may be considered and authorized by the Investor. 3. The Advisor agrees to perform the following duties, as requested: a. Assist the Investor in developing cash flow projections, b. Suggest appropriate investment strategies to achieve the Investor’s objectives, c. Advise the Investor on market conditions, general information and economic data, d. Analyze risk/return relationships between various investment alternatives, e. Attend occasional meetings as requested by the Investor, f. Assist in the selection, purchase, and sale of investments. The Advisor shall not have discretionary investment authority over the Investable Funds and the Investor shall make all decisions regarding purchase and sale of investments. The eligible investments are listed in the Investor’s Investment Policy, g. Advise on the investment of bond funds as to provide the best possible rate of return to the Investor in a manner which is consistent with the proceedings of the Investor authorizing the investment of the bond funds or applicable federal rules and regulations, h. Assist the Investor in creating investment reports in compliance with State legislation and the Investor’s Investment Policy, i. Assist the Investor in creating monthly portfolio accounting reports, and j. Assist the Investor in selecting a primary depository services financial institution. 2 4. The Investor agrees to: a. Compensate the Advisor for any and all services rendered and expenses incurred as set forth in Appendix A attached hereto, b. Provide the Advisor with the schedule of estimated cash flow requirements related to the Investable Funds, and will promptly notify the Advisor as to any changes in such estimated cash flow projections, c. Allow the Advisor to rely upon all information regarding schedules, investment policies and strategies, restrictions, or other information regarding the Investable Funds as provided to it by the Investor and that the Advisor shall have no responsibility to verify, through audit or investigation, the accuracy or completeness of such information, d. Recognize that there is no assurance that recommended investments will be available or that such will be able to be purchased or sold at the price recommended by the Advisor, and e. Not require the Advisor to place any order on behalf of the Investor that is inconsistent with any recommendation given by the Advisor or the policies and regulations pertaining to the Investor. 5. In providing the investment services in this Agreement, it is agreed that the Advisor shall have no liability or responsibility for any loss or penalty resulting from any investment made or not made in accordance with the provisions of this Agreement, except that the Advisor shall be liable for its own gross negligence or willful misconduct; nor shall the Advisor be responsible for any loss incurred by reason of any act or omission of any broker, selected with reasonable care by the Advisor and approved by the Investor, or of the Investor’s custodian. Furthermore, the Advisor shall not be liable for any investment made which causes the interest on the Investor’s obligations to become included in the gross income of the owners thereof. 6. The fee due to the Advisor in providing services pursuant to this Agreement shall be calculated in accordance with Appendix A attached hereto, and shall become due and payable as specified. Any and all expenses for which the Advisor is entitled to reimbursement in accordance with Appendix A attached hereto shall become due and payable at the end of each calendar quarter in which such expenses are incurred. 7. This Agreement shall expire September 30, 2025, with the option of the Investor to extend the Agreement for additional two-year terms. Provided, however, the Investor or Advisor may terminate this Agreement upon thirty (30) days written notice to the other party. In the event of such termination, it is understood and agreed that only the amounts due to the Advisor for services provided and expenses incurred to and including the date of termination will be due and payable. No penalty will be assessed for termination of this Agreement. In the event this Agreement is terminated, all investments and/or funds held by the Advisor shall be returned to the Investor as soon as practicable. In addition, the parties hereto agree that upon termination of this Agreement the Advisor shall have no continuing obligation to the Investor regarding the investment of funds or performing any other services contemplated herein. 3 8. The Advisor reserves the right to offer and perform these and other services for various other clients. The Investor agrees that the Advisor may give advice and take action with respect to any of its other clients, which may differ from advice given to the Investor. The Investor agrees to coordinate with and avoid undue demands upon the Advisor to prevent conflicts with the performance of the Advisor towards its other clients. 9. The Advisor shall not assign this Agreement without the express written consent of the Investor. 10. By initialing the appropriate line, Investor acknowledges that: 1) __X__ Investor was provided a written copy of Form ADV Part 2 not less than 48 hours prior to entering into this written contract, or 2) _____ Investor received a written copy of Form ADV Part 2 at the time of entering into this contract and has the right to terminate this contract without penalty within five business days after entering into this contract. 3) _____ Investor is renewing an expiring contract and has received in the past, and offered annually, a written copy of Form ADV Part 2. When accepted by the Investor, it, together with Appendix A attached hereto, will constitute the entire Agreement between the Investor and Advisor for the purposes and the consideration herein specified. Respectfully submitted, Richard G. Long, Jr. Manager, Valley View Consulting, L.L.C. This agreement is hereby agreed to and executed on behalf of the City or Anna, Texas. By _______________________________ City of Anna Date: ___________________________ 4 APPENDIX A FEE SCHEDULE AND EXPENSE ITEMS In consideration for the services rendered by Advisor in connection with the investment of the Investable Funds for the Investor, it is understood and agreed that its fee will be a tiered annual fee equal to: Average Quarter End Book Value Annual Fee First $100 million 0.030% (3 basis points) Next $100 million (above $100 million up to $200 million)0.020% (2 basis points) Balances over $200 million 0.010% (1 basis points) For example: $200 million Average Book Value quarterly fee = $12,500.00. A fiscal year annual cap of $75,000.00 will apply. Fees will be billed quarterly in arrears. In the event a flexible repurchase agreement or other similar investment option is utilized, the Advisor shall receive a normal and customary fee within the guidelines of the Internal Revenue Service, in lieu of the Agreement Fee. Said fee includes all costs of services related to this Agreement, and all travel and business expenses related to attending regularly scheduled occasional meetings. With pre-trip Investor approval, the Advisor may also request reimbursement for special meeting or event travel and business expenses. The obligation of the Advisor to pay expenses shall not include any costs incident to litigation, mandamus action, test case or other similar legal actions. Any other fees retained by the Advisor shall be disclosed to the Investor. CITY OF ANNA, TEXAS RESOLUTION NO. ___________ A RESOLUTION OF THE CITY OF ANNA, TEXAS AWARDING THE CONTRACT FOR INVESTMENT ADVISORY SERVICES TO VALLEY VIEW CONSULTING AND AUTHORIZING THE CITY MANAGER TO ACT ON THE CITY’S BEHALF IN EXECUTING THE AGREEMENT WHEREAS, Chapter 2256 Public Funds Investment Act establishes rules and procedures for creating an Investment Policy; and, WHEREAS, the City of Anna, Texas (the “City”) has most recently approved an investment policy May 22, 2022; and WHEREAS, the City has ascertained that it is in the City’s best interest to acquire the services of an investment advisory consulting firm to maximize its return on investments within the parameters of the Investment Policy; and WHEREAS, the solicited Requests for Proposals and received four (4) proposals including Valley View Consulting, Deep Blue Investment Advisors, Hilltop Securities and Meeder Public Funds; and WHEREAS, the City has reviewed the proposals submitted and recommends that the Investment Advisory Services contract be awarded to Valley View Consulting; 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 Investment Advisory 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 13th day of June, 2023. _____________________________________________________________________ CITY OF ANNA, TEXAS RESOLUTION NO. _____________ Page 2 of 2 ATTEST: ________________________________ Carrie L. Land, City Secretary APPROVED: ________________________________ Nate Pike, Mayor Item No. 6.j. City Council Agenda Staff Report Meeting Date: 6/13/2023 Staff Contact: Steven Smith AGENDA ITEM: Approve a Resolution for THI Water Well to perform the installation of new equipment on Well 7. (Interim Director of Public Works Steven Smith). SUMMARY: This item is for the replacement of a control panel, pump, motor, and approximately 200-feet of well section. FINANCIAL IMPACT: As this was an emergency repair, funding for Well #7 was not originally appropriated in the FY2023 budget, but the Water Department budget can absorb the cost of $228,000. BACKGROUND: The equipment for Well # 7 was at the end of its serviceable life. In addition, the well needed to be lowered to meet the current aquifer depth. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Resilient. ATTACHMENTS: 1. Invoice_3104_from_THI_Water_Well 2. Well 7 PQF 3. Resolution and Exhibit - Emergency Repairs for Well 7 Payable in Bowie, TX. Terms: Due Upon Receipt 1 1/2% Interest Charged After Maturity THI Water Well PO Box 1419 Bowie, TX 76230 940-872-6633 INVOICE BILL TO City of Anna P O Box 776 Anna, TX 75409-0776 INVOICE #3104 DATE 02/23/2023 TERMS Due on receipt SERVICE DATE WELL LOCATION POINT OF CONTACT 02/21, 22, 23/2023 Well 7 Job 10539 Austin Burkhart/Steven Smith DESCRIPTION QTY RATE TOTAL AFE/CC/PO# RFQ 04589 We pulled the well on 2-21-2023 and laid out the equipment. Then on 2-22-2023 we went back and installed the new equipment. The install was completed on 2-23-2023. We will start up and flush the well after the VFD and autotransformer are installed. Rig Time 3 3,500.00 10,500.00 Freight 1 2,190.00 2,190.00 Service Tech 1 2,880.00 2,880.00 Fuel Surcharge 1 375.00 375.00 MATERIAL CHARGES Toshiba VFD and Filter 1 45,000.00 45,000.00 Auto Transformer 1 23,000.00 23,000.00 Lift Tech Motor - 200hp 1 47,000.00 47,000.00 Pump 1 52,888.56 52,888.56 Protector 1 14,068.58 14,068.58 MLE & Splice Kit 1 5,170.00 5,170.00 Poly Cable - #4 1,600 14.00 22,400.00 Check Valve(s) - 6"1 1,221.60 1,221.60 Shear Pin(s)1 92.00 92.00 Air Line 1,510 0.42 634.20 REGULATED BY: THE TEXAS DEPT. OF LICENSING AND REGULATION P.O. BOX 12157 AUSTIN, TX 78711 800-803-9202 SUBTOTAL 227,419.94 TAX 0.00 TOTAL 227,419.94 BALANCE DUE $227,419.94 Payable in Bowie, TX. Terms: Due Upon Receipt 1 1/2% Interest Charged After Maturity 512-463-7880 CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO MAKE PAYMENT TO THI WATER WELL, LLC FOR EMERGENCY PURCHASE OF EQUIPMENT AND LABOR FOR THE REPAIR OF WELL 7 AS SHOWN IN EXHIBIT “A” ATTACHED HERETO, IN THE AMOUNT NOT TO EXCEED TWO HUNDERED TWENTY-SEVEN THOUSAND FOUR HUNDRED AND NINTEEN NINETY TWO THOUSAND SEVENTEEN DOLLARS AND NINTY FOUR CENTS ($227,419.94); AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Anna’s public water supply utilizes a combination of City-owned and operated water wells and treated surface water from North Texas Municipal Water District; and, WHEREAS, Well 7 produces 50% of the water for the Grayson Pump Station and adds over a half million gallon per day to the total current water supply needed in the City of Anna, Texas; and, WHEREAS, Well 7 suffered catastrophic failure requiring immediate emergency repairs; and, WHEREAS, the City contracted with THI Water Well, LLC in order to perform emergency equipment replacement and repairs to Well 7; and, WHEREAS, the total cost of the repairs is $227,419.94. 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 make payment to THI Water Well, LLC in an amount not to exceed $227,419.94 for emergency equipment and labor required for the repair of Well 7 in the City of Anna, Texas. That funding for the payment shall come from the water revenue fund balance. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 13th day of June 2023. ATTEST: APPROVED: __________________________ __________________________ City Secretary, Carrie L. Smith Mayor, Nate Pike Exhibit “A” (see following pages) Item No. 6.k. City Council Agenda Staff Report Meeting Date: 6/13/2023 Staff Contact: Steven Smith AGENDA ITEM: Approve a Resolution authorizing the City Manager to execute a Tower Site License Agreement by and between Towerstream Corporation and the City of Anna, Texas for the placement of telecommunications equipment on the existing Hackberry water tower located at 2609 Hackberry Dr. (Interim Director of Public Works Steven Smith) SUMMARY: Towerstream has requested that the City approve a license agreement allowing them to mount antenna equipment on the Hackberry Water Tower located at 2609 Hackberry Drive, Anna, TX 75409. The attached license agreement would allow Towerstream to use the tower to provide internet service to large portions of both developed and developing portions of the community which remain underserved. The City would receive a licensing fee (revenue) of $2,000 per month for the next 10 years. In addition, the City will receive free internet service for three City facilities. Towerstream has provided the following statement regarding their service: "Towerstream owns, manages, and operates their network, allowing them to provide the fastest, most affordable, and reliable Internet connectivity in select US markets." Staff recommends approval of the attached Resolution approving the Agreement. FINANCIAL IMPACT: If approved, Towersteam Corporation will make monthly payments of $2,000 per month in accordance with the contract. BACKGROUND: The fee and language in the agreement is based on existing tower license agreements which have been approved for similar vendors over the past several years. The City is seeking to utilize a consistent process for these types of agreements. STRATEGIC CONNECTIONS: Sustainable Anna Community Through Planned Managed Growth ATTACHMENTS: 1. Resolution - Tower Site License Agreement 2. DAL0054_TWER Signed Agmt_2609 Hackberry Dr CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A TOWER SITE LICENSE AGREEMENT BY AND BETWEEN THE CITY OF ANNA AND TOWERSTREAM CORPORATION IN A FORM APPROVED BY THE CITY ATTORNEY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The City of Anna, Texas and Towerstream Corporation desire to enter into a Tower Site License Agreement; and, WHEREAS, the location to be licensed is 2609 Hackberry Dr. Anna, TX 75409 as shown on Exhibit A; and, WHEREAS, the City of Anna is seeking to enter into a new license agreement with Towerstream Corporation for a period of up to ten years; and, WHEREAS, Towerstream Corporation has agreed to the terms and conditions of the license agreement as outlined in the Tower Site License Agreement attached; and, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1.Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2.Authorization of Agreement. That the City Council of the City of Anna hereby authorizes the City Manager to execute a Tower Site License Agreement by and between the City of Anna, Texas and Towerstream Corporation. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this ___ day of May 2023. ATTEST: APPROVED: __________________________ __________________________ City Secretary, Carrie Land Mayor, Nate Pike Exhibit A (following pages) Item No. 6.l. City Council Agenda Staff Report Meeting Date: 6/13/2023 Staff Contact: Joey Grisham AGENDA ITEM: Approve a Resolution approving an Amended Economic Development Incentive Agreement between the City of Anna and 3 Nations Brewing Co., LLC. (Director of Economic Development Joey Grisham) SUMMARY: Based on increased costs related to construction, the EDC staff recommended increasing the Economic Development Grant to 3 Natons Brewing by $50,000. They received $400,000 when they pulled a building permit and will receive an additional $300,000 upon issuance of a certificate of occupancy. The EDC Board approved the Amended Agreement on June 1. FINANCIAL IMPACT: $50,000 in EDC funds. BACKGROUND: 3 Nations Brewing Company is currently renovating and updating the former Police/Finance Building--improvements include a fire suppression system, a new roof, and several other items. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Vibrant. ATTACHMENTS: 1. 3 Nations Amended Agreement Resolution 2. EDC Amended Incentive Agreement Resolution_Brewpub Project_Signed 3. EDC Amended Incentive Agreement_BN_Notarized Page 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS APPROVING AN AMENDED INCENTIVE AGREEMENT BETWEEN THE ANNA ECONOMIC DEVELOPMENT CORPORATION AND 3 NATIONS BREWING CO., LLC WHEREAS, the Anna Economic Development Corporation (the “EDC”) and 3 Nations Brewing Co., LLC (the “Company”) entered into that certain “Incentive Agreement for New Economic Development” executed by the EDC on November 8, 2022, and executed by Company on November 7, 2022 (the “Agreement”); and WHEREAS, the EDC and Company desired to amend the Agreement to the extent set forth in that certain written amendment approved by the EDC Board of Directors on June 1, 2023, a copy of which is attached hereto as Exhibit 1 (the “Amendment”); NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: SECTION 1. Findings. The findings set forth above are incorporated herein for all purposes as if set forth in full. SECTION 2. Approval of Amendment; Authority to Execute The City Council of the City of Anna, Texas hereby approves of the EDC Board of Directors entering into the Amendment. PASSED, APPROVED AND ADOPTED by the City Council of the City of Anna, Texas, on this the 13th day of June 2023. Nate Pike, Mayor ATTEST: Carrie L. Land, City Secretary Item No. 7.a. City Council Agenda Staff Report Meeting Date: 6/13/2023 Staff Contact: Joey Grisham AGENDA ITEM: Acting as the Anna Public Facility Corporation Board of Directors, Consider/Discuss/Action on approving a Memorandum of Understanding with JPI Real Estate Acquisition II, LLC for a multifamily project and resolutions authorizing the formation of entities and approving the form and substance of the respective limited liability company agreements. (Director of Economic Development Joey Grisham) SUMMARY: The Anna Public Facility Corporation was approached by JPI in pursuit of a partnership related to the Serenity on the Square project in Anna Town Square. Serenity on the Square is owned by GB Partners,LLC and JPI is in negotiations with them for the purchase of the property. The Anna PFC has entered into agreements on two other projects with JPI—Parmore Anna Senior Living and The Villages of Waters Creek. JPI is one of the largest multifamily builders in Texas. JPI is proposing a 320-unit project that includes commitments to all the stipulations laid out in the zoning. Below is a summary of the unit breakdown/cost and term summary included in their Memorandum of Understanding that is currently being reviewed by staff. For reference, the current Area Median Income (AMI) for Collin County is just over $102,000 and $71,186 for the U.S. FINANCIAL IMPACT: The PFC is estimated to receive approximately $2,000,000 over the first 10 years of the project, of which $1,000,000 will be paid at closing. The city will also receive all impact fees, permit fees, and any other applicable city fees. BACKGROUND: Serenity on the Square is located at the intersection of Sharp Street and Finley Blvd . Last May, the site’s zoning was updated to MF-2 with several stipulations including a minimum of 5,000 square feet of commercial space, a maximum of 3-stories or 50 feet (4-stories or 65 feet when commercial uses are on the first floor), a maximum of 320 units, 50% covered parking, perimeter fencing, a minimum of seven (7) live/work units, and landscape buffers. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. ATTACHMENTS: 1. Anna PFC Resolutions - Sharp and Finley Anna PFC resolution - Sharp and Finley 4878-9900-4008 v3.doc ANNA PUBLIC FACILITY CORPORATION The undersigned officer of the Anna Public Facility Corporation (the “Corporation”) hereby certifies that he is the duly elected qualified and acting President of the Board of Directors of the Corporation (the “Board”), and hereby certifies that true, correct and complete copies of a certain resolution adopted by the Board at its June 13, 2023 (the “Resolution”) meeting are attached hereto. The Resolution has not been amended or revoked and is now in full force and effect. Dated: June 13, 2023 By ____________________________________ Stan Carver II President Anna PFC resolution - Sharp and Finley 4878-9900-4008 v3.doc RESOLUTION OF ANNA PUBLIC FACILITY CORPORATION (THE “CORPORATION”) REGARDING THE MULTIFAMILY RESIDENTIAL DEVELOPMENT TO BE KNOWN AS SHARP & FINLEY (THE “PROJECT”), APPROVING THE CORPORATION’S PARTICIPATION IN THE FINANCING AND DEVELOPMENT OF THE PROJECT, AND AUTHORIZING THE NEGOTIATION, EXECUTION AND DELIVERY OF ALL DOCUMENTS NECESSARY TO CARRY OUT SUCH FINANCING AND DEVELOPMENT; AND CONTAINING OTHER PROVISIONS RELATED THERETO The Board of Directors of the ANNA PUBLIC FACILITY CORPORATION, a Texas nonprofit public facility corporation organized and existing under the laws of the State of Texas (the “Corporation”), does hereby adopt the following resolutions: WHEREAS, the Corporation’s purposes are to assist in the financing of public facilities in the City of Anna and to carry out the purposes of the Texas Public Facility Corporations Act, Chapter 303, Texas Local Government Code, as amended; and WHEREAS, Stan Carver II, an individual, is the President of the Corporation (the “President”) and Joey Grisham, an individual, is the chief administrative officer of the Corporation (the “Chief Administrative Officer”); and WHEREAS, the Corporation intends to enter into a memorandum of understanding (the “MOU”), a form of which is attached hereto as Exhibit A, with JPI Real Estate Acquisition II, LLC (the “Developer”) under which the Corporation and the Developer will negotiate terms for participation in the financing and development of an approximately 320 unit multifamily residential development to be located at the intersection of Sharp Road and Finley Road in the City of Anna, Collin County, Texas (the “Project”); and WHEREAS, the Corporation or its wholly-owned affiliate (the “Landlord”) intends to acquire and hold fee title to the land upon which the Project is to be constructed and all such improvements that comprise the Project (the “Property”), and will lease the Property to a limited liability company (the “Company”) for purposes of developing the Project pursuant to the terms of a lease between the Landlord and the Company (the “Lease”); and WHEREAS, the Corporation and the Developer intend that the residential units in the Project will be income restricted (the “Income Restrictions”) such that at least 33% of the units in the Project will be reserved for rent to residents earning no more than 70% of the area median income (the “AMI”), at least 17% of the units in the Project will be reserved for rent to residents earning less than 80% AMI and no more than 50% of the units in the Project will be unrestricted; and that the Income Restrictions will be documented in a regulatory agreement (the “Regulatory Agreement”) among the Corporation, the Company, the Managing Member (defined below) and the Special Member (defined below); and WHEREAS, the Corporation or its wholly-owned affiliate intends to serve as general contractor (the “General Contractor”) and enter into a construction contract with the Company, a master subcontract with an affiliate or designee of the Developer as master subcontractor and any other such documents as may be necessary in connection with the development and construction of the Project (collectively, the “Construction Documents”); and WHEREAS, the Corporation or its wholly-owned affiliate intends to be admitted to the Company as special member (the “Special Member”) pursuant to an operating agreement that will govern the affairs of the Company (the “Operating Agreement”) among the Special Member, an affiliate of the Developer as managing member (the “Managing Member”) and an equity investor as the investor member (the “Investor Member”); and WHEREAS, it is contemplated that the Project will be financed with an equity contribution from the investor member to the Company (the “Equity”) and a loan (the “Loan”) to the Company (the Equity and Loan together, the “Project Financing”), and that in order to evidence and/or secure the obligations of the Special Member, the Landlord, the General Contractor and/or the Corporation (each a “PFC Entity” collectively, the “PFC Entities”) with respect to the Project Financing, one or more of the PFC Entities may execute and deliver equity and/or loan documents, certificates, assignment agreements and/or any other documents or instruments that may be necessary or desirable to allow the Company to obtain the Project Financing (the “Project Financing Documents” and collectively with the Operating Agreement, Construction Documents, Regulatory Agreement and Lease, the “Transaction Documents”). RESOLVED, that the form and substance of the MOU is hereby approved, and the President (or in his absence, any officer of the Corporation) is hereby authorized to execute the MOU with such changes as the President (or in his absence, any officer of the Corporation) deems necessary and desirable to effect the purposes of the foregoing resolutions; and RESOLVED, that the President and the Chief Administrative Officer (or in their absence, any officer of the Corporation), acting on behalf of the Corporation, acting on its own behalf or on behalf of a PFC Entity, are hereby authorized to negotiate the terms of the Transaction Documents, as may be necessary and desirable to facilitate the Corporation’s participation in the Project and to fulfill the public purposes of the Corporation; and RESOLVED, (a) that each PFC Entity, acting on such PFC Entity’s own behalf, is hereby authorized to execute and deliver the Transaction Documents, as may be applicable to such PFC Entity, and to do all things necessary and desirable to facilitate the Corporation’s participation in the Project; (b) the Corporation, acting on behalf of a PFC Entity, acting on its own behalf, is hereby authorized to execute and deliver the Transaction Documents and to do all things necessary and desirable to carry out the Corporation’s participation in the Project; and (c) the President (or in his absence, any other officer of the Corporation), acting on behalf of the Corporation, acting on behalf of a PFC Entity, acting on its own behalf is hereby individually authorized to (i) execute and deliver the Transaction Documents, with such changes as the President (or in his absence, any other officer of the Corporation) in his discretion believes to be necessary or desirable, and such other documents and instruments in connection therewith as may be necessary or desirable and (ii) do all things necessary or desirable to facilitate the Corporation’s participation in the Project; and RESOLVED, that the President (or in his absence, any officer of the Corporation), acting on behalf of the Corporation, acting on behalf of a PFC Entity, acting on its own behalf, is individually authorized to (a) sign, certify to, acknowledge, deliver, accept, file, and record any and all instruments, resolutions and documents, and (b) take, or cause to be taken, any and all such action, in the name and on behalf of the Corporation and/or a PFC Entity, as such person shall deem to be necessary, desirable, or appropriate in order to effect the purposes of the foregoing resolutions. FURTHER RESOLVED, that any and all action taken by the President and the Chief Administrative Officer (or any officer of the Corporation), acting on behalf of the Corporation, acting on behalf of a PFC Entity, acting on its own behalf, prior to the date this consent is actually executed in effecting the purposes of the foregoing resolutions is hereby approved, ratified, and adopted in all respects. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] EXHIBIT A MEMORANDUM OF UNDERSTANDING [Attached] Memorandum of Understanding – [Sharp & Finley] 4875-4273-6207v.1 015525.00125 MEMORANDUM OF UNDERSTANDING BETWEEN ANNA PUBLIC FACILITY CORPORATION AND JPI REAL ESTATE ACQUISITION II, LLC “[SHARP & FINLEY]” THIS NON-BINDING MEMORANDUM OF UNDERSTANDING (this “MOU”) is between the ANNA PUBLIC FACILITY CORPORATION (the “Anna PFC”), a nonprofit public facility corporation organized under Chapter 303 of the Texas Local Government Code, and JPI REAL ESTATE ACQUISITION II, LLC (the “Developer”), a Texas limited liability company and is dated and effective as of _____________________, 2023. The Developer is a developer of low and moderate income housing in the State of Texas. The Anna PFC is a nonprofit public facility corporation whose mission is to finance or to provide for the acquisition, construction, rehabilitation, renovation, repair, equipping, furnishing and placement in service of public facilities. The Developer and the Anna PFC hereby agree to negotiate in good faith to potentially finance and develop an approximately 320-unit multifamily housing development to be located at the intersection of Sharp Road and Finley Road in the City of Anna, Collin County, Texas (the “Project”), which, if an agreement is reached, would be accomplished generally in accordance with the terms of this MOU. TERMS A. OWNERSHIP STRUCTURE 1. The Developer will form a Delaware limited liability company (the “Company”) for the purpose of owning the Project. A single-purpose entity that is wholly-owned by the Anna PFC or a nonprofit affiliate of the Anna PFC will be admitted into the Company as the sole Special Member (the “Special Member”). 2. The Developer may designate an affiliate to serve as a managing member of the Company (the “Managing Member”), with certain oversight and approval rights. Any such rights must be agreed to by the Anna PFC and may not, in the opinion of Company Counsel (as hereinafter defined), result in the Managing Member being deemed a Special Member for exercising its rights under the Company Agreement (as hereinafter defined). 3. The duties of the Special Member and the Managing Member shall be set forth in a Company agreement (the “Company Agreement”) to be entered into among the Special Member, the Managing Member, and an equity investor as the investor member (the “Investor Member”). Memorandum of Understanding ________________________________ ____________________________, 2023 Page 2 of 10 4875-4273-6207v.1 015525.00125 The Special Member’s execution of the Company Agreement shall be subject to the following terms: (i) The Special Member’s representations shall be limited to those within the Special Member’s actual knowledge and in no case shall due inquiry be required, it being understood and agreed that the Special Member will not be looked upon by the Managing Member or the Investor Member to conduct Project-related diligence, and any such diligence conducted by the Anna PFC is solely for its own benefit; (ii) The Special Member shall be indemnified by Managing Member for any liabilities incurred under the Company Agreement or in connection with the Project, except for liabilities incurred as a result of the Special Member’s gross negligence or willful misconduct, and in no event shall such indemnification be contingent upon a ruling of a court of law; (iii) The Special Member shall not be required to covenant to undertake actions or obligations that the Managing Member will be required to take under the Company Agreement; and (iv) The Company Agreement shall contain a provision wherein the Managing Member and Investor Member acknowledge that the obligations of the Special Member under the Company Agreement are obligations solely of the Special Member and not the owner of the Special Member. The Developer agrees that it will provide an executed copy of this MOU to the Investor Member prior to executing an equity letter of intent or similar document (an “LOI”) and, as set forth in Paragraph C.2. below, agrees to provide the LOI to the Anna PFC for review and comment prior to execution. 4. Title to the land for the Project shall be taken in the name of a subsidiary of the Anna PFC (the “Ground Lessor”), and the Ground Lessor shall then enter into a 99-year ground lease (the “Ground Lease”) with the Company, as tenant, holding an interest in the improvements that constitute the Project. Upon termination of the Ground Lease, ownership of the improvements constituting the Project shall revert to the Anna PFC. In the event that the Project is sold, the Ground Lease shall provide for a transfer of title to the land to a purchaser upon payment of a nominal cost. 5. The Managing Member will have the right to assign its direct or indirect interests in the Company with the prior written consent of the Special Member, which consent shall not be unreasonably withheld, conditioned or delayed; provided, however that Managing Member will have the right to assign its direct or indirect interests in the Company without the prior written consent of the Special Member: (i) by a permitted lender, (ii) pursuant to a foreclosure or deed- in-lieu thereof of a permitted lender, (iv) in connection with a permitted ownership transfer, (v) a sale of the Ground Lease, (vi) to an affiliate of the Company or (vii) as otherwise permitted by the Lease or the Company Agreement. 6. It is currently anticipated that an affiliate[s] of Developer may act as both Managing Member and Investor Member (although, at Developer’s option, the Investor Member may be a third-party investor selected by Developer). Notwithstanding anything to the contrary herein, Memorandum of Understanding ________________________________ ____________________________, 2023 Page 3 of 10 4875-4273-6207v.1 015525.00125 Investor Member will have unrestricted transfer rights on its membership interests in Investor Member and/or its interests in the Company (whether direct or indirect) and no consent shall be required from any party with respect thereto (and no right of first offer or right of first refusal or option in favor of the Special Member will be applicable with respect thereto). B. DUE DILIGENCE As a condition to the Anna PFC’s participation in the financing and ownership of the Project, the Anna PFC requires the Developer to provide due diligence information on the Project and its proposed financing and operations pursuant to the due diligence checklist (the “Checklist”) attached hereto as Exhibit A. The Developer shall deliver the due diligence items on the Checklist at the times that will be stated on the Checklist. Failure of the Developer to deliver to the Anna PFC due diligence items acceptable to the Anna PFC shall be grounds for the Anna PFC to terminate the negotiations under this MOU in the Anna PFC’s discretion. C. FINANCING 1. The Developer will apply for construction and permanent financing (the “Loan”) on behalf of the Company. The Developer shall be responsible for selecting the lender and negotiating the loan terms on behalf of the Company; provided, that the Anna PFC shall have the right to review and approve the financing arrangements and the terms and conditions of any Loan documents. 2. On behalf of the Company, the Developer will facilitate and negotiate the terms of an equity investment in the Project (the “Equity”); provided, that the Anna PFC shall have the right to review and reasonably approve the identity of the Investor Member. The Equity financing documents are expected to include the Company Agreement. 3. The Developer shall pay all costs and fees associated with applying for the Loan and facilitating the Equity investment, which costs, along with all other pre-development costs incurred by the Developer (to the extent included within the approved budget), may be reimbursed at Closing (as defined herein) from the proceeds of the Loan and Equity. In the event this MOU is terminated or the transaction fails to close as contemplated herein, the Developer shall be solely responsible for all costs described above and the Anna PFC and its affiliates shall have no responsibility for payment or reimbursement of such costs. 4. The Developer and its affiliates shall provide any guarantees of construction completion, operating expenses, return on Equity investment, and the like that may be required in conjunction with the Loan or the Equity financing. NEITHER THE ANNA PFC, THE SPECIAL MEMBER NOR ANY OF THEIR AFFILIATES WILL PROVIDE ANY GUARANTEES OR INDEMNITIES IN CONNECTION WITH THE FINANCING OF THE PROJECT. D. DESIGN AND CONSTRUCTION 1. The Developer shall provide comprehensive development services to the Company pursuant to a Development Agreement to be entered into by the Company and Developer. Memorandum of Understanding ________________________________ ____________________________, 2023 Page 4 of 10 4875-4273-6207v.1 015525.00125 2. The Developer shall prepare and promptly provide the Anna PFC a detailed development budget for the Project. 3. The Developer shall be responsible for obtaining the services of design professionals for the design of the site plan and design of the Project. The Anna PFC will be provided copies of the final plans and specifications for the Project, including all construction contracts. The Anna PFC will have the right to review, comment and approve such plans, specifications and contracts at least five (5) business days prior to the execution of the contracts. 4. In order to secure an exemption from state sales tax for the acquisition of building materials, a limited liability company wholly-owned by the Anna PFC (the “Contractor”), shall serve as the general contractor in connection with the construction of the Project. In connection with the participation of the Contractor as described in the previous sentence, the Contractor shall be entitled to a fee equal to 1% of construction hard costs, 50% of which fee shall be payable at Closing and the remaining 50% of such fee shall be payable upon completion of construction of the Project. Developer’s affiliate, JPI Construction, LLC, shall serve as the prime subcontractor for the Project and shall receive a fee equal to 5.25% of total cost of the Project. 5. The Developer shall be responsible for obtaining all governmental approvals and permits needed in order to construct and operate the Project. 6. The Project shall be constructed so as to comply with ADA and Section 504 requirements, as applicable under federal and state law. 7. The Construction Contract used with regards to the Project will not be on an AIA form, rather the Construction Contract will be JPI’s standard form of construction management agreement, to be negotiated and agreed upon by Developer and Contractor. E. MANAGEMENT AND OPERATION 1. ZRS Management Company or such other Developer designated affiliate shall serve as the property manager (the “Manager”) for the Project, which will be memorialized in a management agreement (the “Management Agreement”) in form and substance acceptable to the Anna PFC. Developer reserves the right to replace the Manager as it deems necessary, subject to Anna PFC’s prior approval, which shall not be unreasonably withheld, delayed, or conditioned. 2. Notwithstanding anything to the contrary, the Management Agreement will automatically renew upon its scheduled termination unless either party gives ninety (90) days’ notice to renegotiate the terms or terminate the Management Agreement. F. COMMUNITY SUPPORT The Anna PFC and the Developer shall be jointly responsible for interfacing with the local governmental officials in connection with support for the Project. The parties will consult with each other and coordinate the response to any media inquiries and/or public opposition to the Project that may arise. Memorandum of Understanding ________________________________ ____________________________, 2023 Page 5 of 10 4875-4273-6207v.1 015525.00125 G. AD VALOREM PROPERTY TAX EXEMPTION The ownership structure contemplated herein is expected to generate ad valorem tax exemption for the Project. The Anna PFC, on behalf of the Company, shall work with the Collin County appraisal district to obtain confirmation of the availability of such exemption in the form of a pre-determination letter. At Closing, the Developer shall cause an opinion of counsel to be delivered, in form and substance acceptable to the Anna PFC, with respect to the ad valorem tax exemption, which opinion will also cover the exemption from state sales taxation. H. RENT, FEES, AND EXPENSES 1. The Developer shall be entitled to receive a development fee (the “Development Fee”) equal to 5% of the total cost of the Project for its services in developing the Project. In addition, at the Closing, Anna PFC shall be paid a separate upfront development fee in an amount equal to 20% of the Development Fee. 2. The Company shall pay to Anna PFC an annual lease payment under the Ground Lease initially in the amount of $27,500 (the “Lease Rent”), which payment shall be increased annually by 3% so long as the Ground Lease is in effect. The rent commencement date for the Lease Rent shall be the date that is 6 months after completion of construction of the Project. Further, the Lease Rent shall be paid by the Company in 12 equal installments each year and shall be payable monthly as an operating expense. 3. The Special Member shall be entitled to receive a share equal to 1% of the gross sales price for a sale of the Project to a third party (the “Sale Fee”). The Sale Fee shall be paid to the Special Member after repayment of the Loan but prior to any payment to Equity. In the event of a refinancing of the Loan on the Project to a new lender, the Special Member shall be entitled to receive a share equal to 10% of net cash flow generated from the refinancing, subordinate to Investor Member first receiving a return of all capital and a preferred return of 8%. All other fees, distributions or sale or refinancing proceeds payable to the Special Member pursuant to the terms of the Company Agreement, shall be retained by the Special Member and the Special Member shall not be required, under any circumstance, to share any such fees, distributions or sale or refinancing proceeds with the Developer. 4. The Special Member and Managing Member shall each be entitled to receive a Company management fee in the amount of $10,000 per year for its services in connection with management of the Company, which fee shall increase by 3% annually and accrue without interest if cash flow is insufficient to pay such fee in any year. Developer or its affiliate will provide asset management services to the Company, and Developer shall be paid a maximum of 35 basis points of project cost per annum, paid monthly through stabilization, and $150,000 per year after stabilization. 5. Neither party shall enter into any contractual relationship or agreement relating to the Project that would cause either financial or legal liability to the other, without the other party’s prior written consent. 6. All expenses incurred by the City of Anna and Anna PFC in connection with this MOU and the Project, including but not limited to costs for staff time to review the proposed Memorandum of Understanding ________________________________ ____________________________, 2023 Page 6 of 10 4875-4273-6207v.1 015525.00125 Project, third-party reports, the Anna PFC’s legal counsel, the City of Anna’s legal counsel, counsel to the Special Member and the Company, special real estate counsel, financial advisor and other expenses incurred by the Anna PFC in connection with the proposed Project (the “Costs”), shall be included in the Project’s development budget and reimbursed by the Company to the Anna PFC concurrently with the closing on the Loan (the “Closing”). Anna PFC expects to incur costs for its counsel in the amount of $100,000 and for its financial advisor in the amount of $100,000, which fees are in addition to fees set forth in the immediately succeeding paragraph. In addition to the fees set forth above and as a precondition for the Anna PFC proceeding with the financing of the Project, upon execution and delivery of this MOU, the Developer shall pay the amount of $25,000 to each of Hilltop Securities Inc. and Chapman and Cutler LLP. Such fees are nonrefundable. I. REGULATORY RESTRICTIONS The Developer and the Anna PFC agree that (i) at least 33% of the units in the Project will be restricted for rent to individuals and families earning no more than 70% of the area median income (as published from time to time by the Department of Housing and Urban Development pursuant to Section 8 of the United States Housing Act of 1937, as amended and referred to herein as “AMI”); (ii) at least 17% of the units in the Project will be restricted for rent to individuals and families earning no more than 80% AMI; and (iii) the remainder of the units in the Project will be at market rents determined by Developer. Further, the Project will be subject to any such other restrictions as shall be required by the Anna PFC. Income shall be verified by the Developer pursuant to a review of the tenants’ federal income tax returns or other commercially reasonable method acceptable to the Anna PFC. The Developer and the Anna PFC will enter into a Regulatory Agreement at Closing to be recorded in the applicable county land records that will set forth the income restrictions and describe the methodology for income verification and reporting. J. SALE AND TERMINATION RIGHTS 1. Managing Member may elect to transfer, sell, and assign its interest in the Ground Lease to a third party at any time following the thirtieth (30th) day after completion of construction so long as Special Member consents to the identity of such third party via Special Member’s customary “know your customer” practices, such consent not to be unreasonably withheld, conditioned, or delayed. 2. Managing Member may elect to terminate the Ground Lease at any time following the thirtieth (30th) day after completion of construction so long as Managing Member pays to Special Member an Early Termination Fee on the actual date of termination (the “Early Termination Date”). As used herein, “Early Termination Fee” means (a) in the case of an Early Termination Date which occurs on or before the tenth (10th) anniversary of the Ground Lease effective date, $1,000,000, (b) in the case of an Early Termination Date which occurs after the tenth (10th) anniversary of the Ground Lease effective date but on or before the fifteenth (15th) anniversary of the Ground Lease effective date, $750,000, (c) in the case of an Early Termination Date which occurs after the fifteenth (15th) anniversary of the Ground Lease effective date but on or before the twentieth (20th) anniversary of the Ground Lease effective date, $500,000, (d) in the Memorandum of Understanding ________________________________ ____________________________, 2023 Page 7 of 10 4875-4273-6207v.1 015525.00125 case of an Early Termination Date which occurs after the twentieth (20th) anniversary of the Ground Lease effective date but on or before the twenty-fifth (25th) anniversary of the Ground Lease effective date, $250,000, (e) in the case of an Early Termination Date which occurs after the twenty-fifth (25th) anniversary of the Ground Lease effective date but on or before the thirtieth (30th) anniversary of the Ground Lease effective date, $100,000, or (f) in the case of an Early Termination Date which occurs at any time after the thirtieth (30th) anniversary of the Ground Lease effective date, $0. K. MISCELLANEOUS 1. This MOU is a letter of intent only. The parties contemplate entering into the Company Agreement that will fully set forth their respective rights, duties, and obligations. This MOU will have no binding effect and may be terminated at any time by either party for any reason. Upon termination of this MOU for any of the reasons cited above, neither party shall have any ongoing obligation to the other with respect to this MOU or the Project. 2. The parties acknowledge that the Company, the Special Member, the Anna PFC and its affiliates will be represented in this transaction by Chapman and Cutler LLP (“Company Counsel”) in a legal capacity and Hilltop Securities Inc. in a financial advisory capacity (“Hilltop Securities”). The Developer, the Managing Member and their affiliates will be represented by separate counsel and will not be entitled to rely on Company Counsel for representation in this matter and acknowledges that no financial advisory relationship will exist among the Developer, the Managing Member and their affiliates and Hilltop Securities. [Remainder of Page Intentionally Left Blank] [Signature Page to "[Sharp & Finley]" MOU] 4875-4273-6207v.1 015525.00125 EXECUTED to be effective as of the date above shown. ANNA PUBLIC FACILITY CORPORATION By: Name: Title: JPI REAL ESTATE ACQUISITION II, LLC, A TEXAS LIMITED LIABILITY COMPANY By: Name: Title: 4875-4273-6207v.1 015525.00125 EXHIBIT A ANNA PUBLIC FACILITY CORPORATION CHECKLIST OF DUE DILIGENCE 4875-4273-6207v.1 015525.00125 EXHIBIT A ANNA PUBLIC FACILITY CORPORATION CHECKLIST OF DUE DILIGENCE PROPERTY ITEMS RECEIVED ITEM DEADLINE NOTES Project Description, including number of units, unit sizes, and amenities. Site Location information, with map. Proposed Rent Schedule, with tenant income restrictions. Site Plan Market Study Appraisal Phase I Environmental Soils Report Evidence of site control Evidence of zoning Title Commitment with all exceptions Survey Physical needs analysis (for rehabilitation projects) DEVELOPMENT ITEMS RECEIVED ITEM DEADLINE NOTES Detailed Development Budget Sources and Users Statement of Developer’s experience, including evidence of newt worth. Resume of Master Subcontractor, with evidence of experience Plans and Specifications Resume of Architect, with evidence of experience. 4875-4273-6207v.1 015525.00125 FINANCING ITEMS RECEIVED ITEM DEADLINE NOTES 15-year Pro Forma Debt financing commitment Equity financing commitment Description of all other sources of financing Application for debt financing OPERATIONAL ITEMS RECEIVED ITEM DEADLINE NOTES Resume of property management company, with evidence of experience. Description of social services to be provided and information regarding social services provider Proposed Rent Schedule, with tenant income restrictions Current rent roll (if applicable) ORGANIZATIONAL ITEMS RECEIVED ITEM DEADLINE NOTES Organizational documents for limited Company Special Member Formation Resolution - Sharp & Finley 4883-5343-3961 v2.docx ANNA PUBLIC FACILITY CORPORATION RESOLUTION AUTHORIZING THE FORMATION OF APFC SHARP AND FINLEY MEMBER, LLC (THE “SPECIAL MEMBER”) AS SPECIAL MEMBER OF THE LIMITED LIABILITY COMPANY THAT WILL SERVE AS BORROWER (THE “BORROWER”) IN CONNECTION WITH THE FINANCING, ACQUISITION, CONSTRUCTION AND EQUIPPING OF A PUBLIC FACILITY; AUTHORIZING THE DESIGNATION OF THE ANNA PUBLIC FACILITY CORPORATION (THE “CORPORATION”) AS THE SOLE MEMBER OF THE SPECIAL MEMBER; APPROVING THE FORM AND SUBSTANCE OF A LIMITED LIABILITY COMPANY AGREEMENT AND THE EXECUTION THEREOF; RATIFYING CERTAIN ACTIONS HERETOFORE TAKEN IN CONNECTION WITH THE SPECIAL MEMBER; AUTHORIZING THE EXECUTION OF DOCUMENTS AND INSTRUMENTS NECESSARY OR CONVENIENT TO CARRY OUT THE PURPOSES OF THIS RESOLUTION; AND CONTAINING OTHER PROVISIONS RELATING THERETO WHEREAS, the Anna Public Facility Corporation (the “Corporation”) has been duly created and organized pursuant to and in accordance with the provisions of the Texas Public Facility Corporation Act, Chapter 303, Local Government Code, as amended (the “Act”), for the purpose of providing a means of financing the costs of the acquisition, construction, rehabilitation, renovation, repair, equipping furnishing and placement in service of public facilities; and WHEREAS, the Board of Directors of the Corporation has determined that it is in the best interest of the Corporation to act as the special member of APFC Sharp and Finley Member, LLC (the “Special Member”), which will be the special member of the limited liability company that will serve at the Borrower (the “Borrower”) in order to participate in the financing, acquisition, construction and equipping of a public facility consisting of a multifamily residential rental development for low and moderate income tenants to be known as Sharp & Finley, and located in the City of Anna, Collin County, Texas; and WHEREAS, the Special Member, in its capacity as landlord will enter into a lease agreement (the “Lease Agreement”) with the Borrower; and WHEREAS, as the sole member of the Special Member, the Corporation desires to authorize all action necessary and appropriate to enter into and carry out all actions under the Lease Agreement, to appoint officers of the Special Member; to approve of the Special Member’s formation and the form and substance of its Limited Liability Company Agreement (the “Company Agreement”); and to ratify all actions previously taken on behalf of the Special Member; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE ANNA PUBLIC FACILITY CORPORATION THAT: Section 1. Formation of Special Member. The formation of APFC Sharp and Finley Member, LLC is hereby approved and ratified. Section 2. Designation of Sole Member. The designation of the Corporation as the sole member of the Special Member is hereby approved and ratified. Section 3. Approval and Execution of the Company Agreement. The form and substance of the Company Agreement are hereby approved, and the officers of the Corporation, as sole member of the Special Member, are each hereby authorized to execute the Company Agreement. Section 4. Appointment of Officers of the Special Member. Stan Carver II is appointed President, Danny Ussery is appointed Vice President and Pete Cain is appointed Secretary of the Special Member. Section 5. Execution and Delivery of Financing Documents. The officers of the Special Member are each hereby authorized to negotiate the terms of, execute and attest to the Lease Agreement and any other such agreements, assignments, notes, certificates, contracts, documents, instruments, releases, financing statements, letters of instruction, written requests and other papers, whether or not mentioned herein, as may be necessary or convenient to carry out or assist in carrying out the purposes of this Resolution. Section 6. Ratification of Previous Actions. The Corporation hereby ratifies, confirms and adopts all actions previously taken on behalf of the Special Member to carry into effect the transactions contemplated by this Resolution. Section 7. Effective Date. This Resolution shall be in full force and effect from and upon its adoption. Section 8. Severability. If any section, paragraph, clause or provision of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Resolution. [Remainder of Page Intentionally Left Blank] [Signature Page to APFC Sharp and Finley Member, LLC Formation Resolution] PASSED AND APPROVED the 13th day of June, 2023. ANNA PUBLIC FACILITY CORPORATION By ____________________________________ Stan Carver II President Co-Developer Formation Resolution - Sharp & Finley 4888-2372-0297 v2.docx ANNA PUBLIC FACILITY CORPORATION RESOLUTION AUTHORIZING THE FORMATION OF APFC SHARP AND FINLEY DEVELOPMENT, LLC (THE “CO-DEVELOPER”) IN CONNECTION WITH THE FINANCING, ACQUISITION, CONSTRUCTION AND EQUIPPING OF A PUBLIC FACILITY; AUTHORIZING THE DESIGNATION OF THE ANNA PUBLIC FACILITY CORPORATION AS THE SOLE MEMBER OF THE CO-DEVELOPER; APPROVING THE FORM AND SUBSTANCE OF A LIMITED LIABILITY COMPANY AGREEMENT AND THE EXECUTION THEREOF; RATIFYING CERTAIN ACTIONS HERETOFORE TAKEN IN CONNECTION WITH THE CO-DEVELOPER; AUTHORIZING THE EXECUTION OF DOCUMENTS AND INSTRUMENTS NECESSARY OR CONVENIENT TO CARRY OUT THE PURPOSES OF THIS RESOLUTION; AND CONTAINING OTHER PROVISIONS RELATING THERETO WHEREAS, the Anna Public Facility Corporation (the “Corporation”) has been duly created and organized pursuant to and in accordance with the provisions of the Texas Public Facility Corporation Act, Chapter 303, Local Government Code, as amended (the “Act”), for the purpose of providing a means of financing the costs of the acquisition, construction, rehabilitation, renovation, repair, equipping furnishing and placement in service of public facilities; and WHEREAS, pursuant to the Act, the Corporation intends to participate in the financing, acquisition, construction and equipping of a public facility consisting of a multifamily residential rental development for low and moderate income tenants to be known as Sharp & Finley, and located in the City of Anna, Collin County, Texas (the “Development”); and WHEREAS, APFC Sharp and Finley Development, LLC (the “Co-Developer”), a Texas limited liability company whose sole member is the Corporation, will serve as co-developer in connection with the acquisition, owning, leasing and managing of the Development pursuant to a Development Agreement (the “Development Agreement”) between the Co-Developer and an affiliate or designee the limited liability company that will lease, develop and finance the Development (the “Borrower”); and WHEREAS, as the sole member of the Co-Developer, the Corporation desires to authorize all action necessary and appropriate to enter into and carry out all actions for the benefit of the Borrower in connection with the Development, to appoint officers of the Co-Developer; to approve of the Co-Developer’s formation and the form and substance of its Limited Liability Company Agreement (the “Company Agreement”); and to ratify all actions previously taken on behalf of the Co-Developer; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE ANNA PUBLIC FACILITY CORPORATION THAT: Section 1. Formation of Co-Developer. The formation of APFC Sharp and Finley Development, LLC is hereby approved and ratified. Section 2. Designation of Sole Member. The designation of the Corporation as the sole member of the Co-Developer is hereby approved and ratified. Section 3. Approval and Execution of the Company Agreement. The form and substance of the Company Agreement are hereby approved, and the officers of the Corporation, as sole member of the Co-Developer, are each hereby authorized to execute the Company Agreement. Section 4. Appointment of Officers of the Co-Developer. Stan Carver II is appointed President, Danny Ussery is appointed Vice President and Pete Cain is appointed Secretary of the Co-Developer. Section 5. Execution and Delivery of Financing Documents. The officers of the Co- Developer are each hereby authorized to negotiate the terms of, execute and attest to the Development Agreement and any other such agreements, assignments, notes, certificates, contracts, documents, instruments, releases, financing statements, letters of instruction, written requests and other papers, whether or not mentioned herein, as may be necessary or convenient to carry out or assist in carrying out the purposes of this Resolution. Section 6. Ratification of Previous Actions. The Corporation hereby ratifies, confirms and adopts all actions previously taken on behalf of the Co-Developer to carry into effect the transactions contemplated by this Resolution. Section 7. Effective Date. This Resolution shall be in full force and effect from and upon its adoption. Section 8. Severability. If any section, paragraph, clause or provision of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Resolution. [Remainder of Page Intentionally Left Blank] [Signature Page to APFC Sharp and Finley Development, LLC Formation Resolution] PASSED AND APPROVED the 13th day of June, 2023. ANNA PUBLIC FACILITY CORPORATION By ____________________________________ Stan Carver II President General Contractor Formation Resolution - Sharp & Finley 4885-5594-0201 v2.docx ANNA PUBLIC FACILITY CORPORATION RESOLUTION AUTHORIZING THE FORMATION OF APFC SHARP AND FINLEY CONTRACTOR, LLC (THE “GENERAL CONTRACTOR”) IN CONNECTION WITH THE FINANCING, ACQUISITION, CONSTRUCTION AND EQUIPPING OF A PUBLIC FACILITY; AUTHORIZING THE DESIGNATION OF THE ANNA PUBLIC FACILITY CORPORATION (THE “CORPORATION”) AS THE SOLE MEMBER OF THE GENERAL CONTRACTOR; APPROVING THE FORM AND SUBSTANCE OF A LIMITED LIABILITY COMPANY AGREEMENT AND THE EXECUTION THEREOF; RATIFYING CERTAIN ACTIONS HERETOFORE TAKEN IN CONNECTION WITH THE GENERAL CONTRACTOR; AUTHORIZING THE EXECUTION OF DOCUMENTS AND INSTRUMENTS NECESSARY OR CONVENIENT TO CARRY OUT THE PURPOSES OF THIS RESOLUTION; AND CONTAINING OTHER PROVISIONS RELATING THERETO WHEREAS, the Anna Public Facility Corporation (the “Corporation”) has been duly created and organized pursuant to and in accordance with the provisions of the Texas Public Facility Corporation Act, Chapter 303, Local Government Code, as amended (the “Act”), for the purpose of providing a means of financing the costs of the acquisition, construction, rehabilitation, renovation, repair, equipping furnishing and placement in service of public facilities; and WHEREAS, pursuant to the Act, the Corporation intends to participate in the financing, acquisition, construction and equipping of a public facility consisting of a multifamily residential rental development for low and moderate income tenants to be known as Sharp & Finley, and located in the City of Anna, Collin County, Texas (the “Development”); and WHEREAS, APFC Sharp and Finley Contractor, LLC (the “General Contractor”), a Texas limited liability company whose sole member is the Corporation, will serve as general contractor in connection with the construction of the Development pursuant to a Construction Contract (the “Construction Contract”) between the General Contractor and the limited liability company that will lease, construct and finance the Development (the “Borrower”), or an affiliate or designee thereof; and WHEREAS, as the sole member of the General Contractor, the Corporation desires to authorize all action necessary and appropriate to enter into and carry out all actions for the benefit of the Borrower in connection with the Development, to appoint officers of the General Contractor; to approve of the General Contractor’s formation and the form and substance of its Limited Liability Company Agreement (the “Company Agreement”); and to ratify all actions previously taken on behalf of the General Contractor; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE ANNA PUBLIC FACILITY CORPORATION THAT: Section 1. Formation of General Contractor. The formation of APFC Sharp and Finley Contractor, LLC is hereby approved and ratified. Section 2. Designation of Sole Member. The designation of the Corporation as the sole member of the General Contractor is hereby approved and ratified. Section 3. Approval and Execution of the Company Agreement. The form and substance of the Company Agreement are hereby approved, and the officers of the Corporation, as sole member of the General Contractor, are each hereby authorized to execute the Company Agreement. Section 4. Appointment of Officers of the General Contractor. Stan Carver II is appointed President, Danny Ussery is appointed Vice President and Pete Cain is appointed Secretary of the General Contractor. Section 5. Execution and Delivery of Financing Documents. The officers of the General Contractor are each hereby authorized to negotiate the terms of, execute and attest to the Construction Contract and any other such agreements, assignments, notes, certificates, contracts, documents, instruments, releases, financing statements, letters of instruction, written requests and other papers, whether or not mentioned herein, as may be necessary or convenient to carry out or assist in carrying out the purposes of this Resolution. Section 6. Ratification of Previous Actions. The Corporation hereby ratifies, confirms and adopts all actions previously taken on behalf of the General Contractor to carry into effect the transactions contemplated by this Resolution. Section 7. Effective Date. This Resolution shall be in full force and effect from and upon its adoption. Section 8. Severability. If any section, paragraph, clause or provision of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Resolution. [Remainder of Page Intentionally Left Blank] [Signature Page to APFC Sharp and Finley Contractor, LLC Formation Resolution] PASSED AND APPROVED the 13th day of June, 2023. ANNA PUBLIC FACILITY CORPORATION By ____________________________________ Stan Carver II President Item No. 7.b. City Council Agenda Staff Report Meeting Date: 6/13/2023 Staff Contact: Joey Grisham AGENDA ITEM: First reading of a Resolution authorizing the Anna Community Development Corporation to undertake a grant agreement with the Anna Economic Development Corporation for economic development projects. (Director of Economic Development Joey Grisham) SUMMARY: This is the first of two required readings. The presiding officer will read the following: A RESOLUTION OF THE CITY OF ANNA,TEXAS AUTHORIZING THE ANNA COMMUNITY DEVELOPMENT CORPORATION TO UNDERTAKE A GRANT AGREEMENT WITH THE ANNA ECONOMIC DEVELOPMENT CORPORATION FOR ECONOIMC DEVELOPMENT PROJECTS. Based on the advice of our tax professionals, the CDC will provide a grant to the EDC. If the CDC does not make these payments to the EDC and there were no other incoming contributions, the EDC would still be considered a non-profit, however, it would change to a private foundation rather than a public charity. A private foundation is subject to a 1.39% excise tax on its net investment income and is required to distribute roughly 5% of the fair market value of its assets each year. The funding from the EDC will be used for projects. FINANCIAL IMPACT: $60,000 in CDC funds. BACKGROUND: The CDC Board of Directors approved and authorized the Grant (a one-time lump-sum payment) to be made to the EDC in the amount of $60,000 for further Economic Development Projects at their May 4th meeting. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Vibrant. ATTACHMENTS: Item No. 7.c. City Council Agenda Staff Report Meeting Date: 6/13/2023 Staff Contact: Joey Grisham AGENDA ITEM: Second reading of a Resolution authorizing the Anna Community Development Corporation to undertake a grant agreement with the Anna Economic Development Corporation for economic development projects. (Director of Economic Development Joey Grisham) SUMMARY: This is the second of two required readings. The presiding officer will read the following: A RESOLUTION OF THE CITY OF ANNA,TEXAS AUTHORIZING THE ANNA COMMUNITY DEVELOPMENT CORPORATION TO UNDERTAKE A GRANT AGREEMENT WITH THE ANNA ECONOMIC DEVELOPMENT CORPORATION FOR ECONOIMC DEVELOPMENT PROJECTS. Based on the advice of our tax professionals, the CDC will provide a grant to the EDC. If the CDC does not make these payments to the EDC and there were no other incoming contributions, the EDC would still be considered a non-profit, however, it would change to a private foundation rather than a public charity. A private foundation is subject to a 1.39% excise tax on its net investment income and is required to distribute roughly 5% of the fair market value of its assets each year. The funding from the EDC will be used for projects. FINANCIAL IMPACT: The CDC Board of Directors (the “Board”) hereby approves and authorizes the Grant (a one-time lump-sum payment) to be made to the EDC in the amount of $60,000 and further approves the Agreement for Economic Development Projects BACKGROUND: The CDC Board of Directors approved and authorized the Grant (a one-time lump-sum payment) to be made to the EDC in the amount of $60,000 for further Economic Development Projects at their May 4th meeting. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Vibrant. ATTACHMENTS: Item No. 7.d. City Council Agenda Staff Report Meeting Date: 6/13/2023 Staff Contact: Joey Grisham AGENDA ITEM: Consider/Discuss/Action regarding a Resolution authorizing the Anna Community Development Corporation to undertake a grant agreement with the Anna Economic Development Corporation for economic development projects. (Director of Economic Development Joey Grisham) SUMMARY: Based on the advice of our tax professionals, the CDC will provide a grant to the EDC. If the CDC does not make these payments to the EDC and there were no other incoming contributions, the EDC would still be considered a non-profit, however, it would change to a private foundation rather than a public charity. A private foundation is subject to a 1.39% excise tax on its net investment income and is required to distribute roughly 5% of the fair market value of its assets each year. The funding from the EDC will be used for projects. FINANCIAL IMPACT: $60,000 in CDC funds. BACKGROUND: The CDC Board of Directors approved and authorized the Grant (a one-time lump-sum payment) to be made to the EDC in the amount of $60,000 for further Economic Development Projects at their May 4th meeting. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. ATTACHMENTS: 1. Res CDC Grant to EDC C030290608CR1 2. EDC Grant Agreement with CDC Resolution_Signed 3. CDC Grant Agreement with EDC Resolution_Signed 4. Exhibit A- Agreement for Economic Development Projects_May 2023 RESOLUTION NO. ______________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS APPROVING A PROJECT INCLUDING A GRANT FROM THE ANNA COMMUNITY DEVELOPMENT CORPORATION TO THE ANNA ECONOMIC DEVELOPMENT CORPORATION FOR ECONOMIC DEVELOPMENT PROJECTS WHEREAS, the Anna Community Development Corporation (the “CDC”) desired to provide a monetary grant (the “Grant”) to the Anna Economic Development Corporation (the “EDC”) and entered into an agreement with the EDC for economic development projects; and WHEREAS, the City Council of the City of Anna, Texas (the “City Council”) has determined that the Grant and the above-referenced agreement between the CDC and the EDC is a project that is in the best interests of the CDC and the EDC and will promote economic development and expanded business development in the City of Anna, Texas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated. The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Approval of Grant and Agreement. The City Council hereby approves of the Grant and approves of the CDC and EDC entering into that certain Agreement for Economic Development Projects attached hereto as Exhibit A. PASSED, APPROVED AND ADOPTED by the City Council of the City of Anna, Texas, on this the 13th day of June 2023. Nate Pike, Mayor ATTEST: Carrie L. Land, City Secretary Item No. 7.e. City Council Agenda Staff Report Meeting Date: 6/13/2023 Staff Contact: Lauren Mecke AGENDA ITEM: Consider/Discuss/Action on a Resolution approving an Agreement Regarding Services including a plan for municipal services for 2.53± acres of land generally located on the east side of future N. Standridge Boulevard, 705± feet south of W Rosamond Parkway. (Planning Manager Lauren Mecke) SUMMARY: Mantua 30 Partners, Ltd. has submitted a petition to annex 2.53± acres of land. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The Agreement for Services is required by state law prior to approval of annexation. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. ATTACHMENTS: 1. Resolution (Service Plan Agreement) - Sherley Commercial Annex 2. Exhibit A Metes & Bounds 3. Exhibit B (Service Plan-Agreement) Sherley Commercial Annex City of Anna, Texas Resolution No. ____________ Page 1 of 2 CITY OF ANNA, TEXAS RESOLUTION NO. ___________ A RESOLUTION ADOPTING A CONDITIONAL AGREEMENT REGARDING SERVICES RELATED TO ANNEXATION OF A 5.33± ACRE TRACT OF LAND WHEREAS, Chapter 43 of the Texas Local Government Code authorizes the annexation of territory, subject to the laws of this state; and WHEREAS, the City of Anna, Texas (the “City”) is a Texas home-rule municipality; and WHEREAS, Section 43.0671 of the Texas Local Government Code authorizes a municipality to extend the boundaries of the municipality and annex areas by request of the owner(s) of the areas; and WHEREAS, on or about May 15, 2023, the respective owners submitted a written request to the City for annexation of a tract of land into the corporate limits of the City (the “Annexation Tract”); and WHEREAS, the Annexation Tract is a 2.533± acre tract of land situated in the John Ellet Survey, Abstract Number 296 and the W. Rattan Survey, Abstract Number 752, Collin County, Texas, being a portion of that tract of land described in deed as Tract 1 to MM Anna 325, LLC recorded in Instrument Number 20190411000386110 of the Official Public Records, Collin County, Texas; and WHEREAS, the Annexation Tract is described more specifically in EXHIBIT A, attached hereto; and WHEREAS, the owners of the Annexation Tract have executed a conditional written agreement regarding municipal services to be provided by the City in accordance with Texas Local Government Code § 43.0672 (the “Conditional Agreement”) and said agreement is as set forth in EXHIBIT B, attached hereto; and WHEREAS, the Conditional Agreement is conditioned on the City of Anna City Council (the “City Council”) adopting an ordinance annexing the Annexation Tract described above on or before the 13th day of June 2023 and if the City Council does not adopt such ordinances on or before said date then the Conditional Agreement shall be null and void in its entirety; and WHEREAS, the City desires to adopt and enter into the Conditional Agreement; provided, however, that the Conditional Agreement shall not require the City Council to annex the Annexation Tract; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF ANNA, TEXAS: SECTION 1. The recitals set forth above are hereby incorporated in this resolution as if set forth in full for all purposes. City of Anna, Texas Resolution No. ____________ Page 2 of 2 SECTION 2. The City Council hereby approves and enters into the Conditional Agreement and authorizes the City Manager to execute said agreement on behalf of the City. SECTION 3. This resolution shall become effective immediately upon the date and time of its adoption and it is accordingly so resolved. PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THIS THE 13TH DAY OF JUNE 2023. CITY OF ANNA, TEXAS ___________________________________ NATE PIKE MAYOR ATTEST: _______________________________________ CARRIE L. LAND CITY SECRETARY Exhibit A Page 1 of 5 AGREEMENT REGARDING SERVICES This Agreement Regarding Services (this “Agreement” or “Service Plan”) is entered into this 13th day of June, 2023 by and between Mantua 30 Partners, Ltd. and the City of Anna, Texas a home rule municipality. SUBJECT PROPERTY The real property that is the subject of this Service Plan is described as follows: Sherley Commercial Annex. 2.5± acres east side of future N. Standridge Boulevard, 705± feet south of W Rosamond Parkway. AGREEMENT CONDITIONED ON ANNEXATION This Agreement is conditioned on the City of Anna City Council adopting an ordinance annexing the Subject Property described above. Nothing in this Agreement shall require the City Council to annex the Subject Property. POLICE PROTECTION On the effective date of annexation, the City of Anna, Texas and its Police Department will provide police protection to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. FIRE PROTECTION On the effective date of annexation, the City of Anna, Texas and its Fire Department will provide fire protection to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. EMERGENCY MEDICAL SERVICES On the effective date of annexation, the City of Anna, Texas, will provide emergency medical services to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. Page 2 of 5 SOLID WASTE COLLECTION On the effective date of annexation, the City of Anna, Texas, through its contract with CARDS Dallas, Inc. or another service provider, will provide solid waste collection to residents and businesses in the newly annexed area (to the extent that the service provider has access to the area to be serviced) at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. Such service will be provided in accordance with existing City policies and Ordinances, and only upon payment of any required deposits and the agreement to pay lawful service fees and charges for solid waste collection. Solid waste collection through a subscription with the City’s solid waste franchisee is mandatory for City of Anna residents and businesses operating within the city limits unless provided for otherwise by ordinance. WATER AND WASTEWATER FACILITIES On the effective date of annexation, any and all water or wastewater facilities owned by the City of Anna, Texas at the time of annexation shall be maintained and operated by the City of Anna, Texas. Of such facilities, the City will maintain the main water transmission and wastewater collection lines. All water and wastewater service lines from the building to the easement or right-of-way line, shall be maintained by the property owner served by the service connection. Residents and owners of property in newly annexed areas that are located within the City’s water or wastewater CCN will be offered water and wastewater service in accordance with City policies and ordinances in existence at the time of annexation or as may be amended from time-to-time by the City Council. Generally, these ordinances state that the landowner or customer must bear the cost of construction of water and wastewater system facilities to a point where suitable connection to the existing system can be made and service to the customer can be provided. All water and wastewater facilities designed to connect to the City’s existing system must be approved by the City and meet all City zoning, subdivision, and other development ordinances and requirements. ROADS AND STREETS On the effective date of annexation, any and all existing public roads or streets in the newly annexed area which have been dedicated to Collin County, Texas or to the City of Anna, Texas, or which are owned by the City of Anna, Texas shall be maintained to the same degree and extent that other roads and streets are maintained i n areas of the City with similar topography land use and population density. Specific maintenance activities are determined by available funding and the need for maintenance as determined by the City. The City is not obligated to maintain any portion of a private road or street. Any and all lighting of roads and streets which may be positioned in a public right of way, roadway or utility company easement shall be maintained by the applicable utility company Page 3 of 5 servicing that area of the City of Anna, Texas pursuant to the rules regulations and fees of such utility. An owner of land within the newly annexed area that desires to develop said property will be required pursuant to the ordinances of the City of Anna, Texas to provide internal and peripheral streets and to construct those streets in accordance with the specifications required by the City of Anna, Texas. PARKS PLAYGROUNDS AND SWIMMING POOLS OR ANY OTHER PUBLICLY OWNED FACILITY BUILDING OR SERVICE The City Council of the City of Anna, Texas is not aware of the existence of any public parks, public playgrounds, public swimming pools, or any other publicly owned facility, building or service now located in the area proposed for annexation . In the event any such parks, playgrounds, swimming pools, or any other public facilities, buildings or services do exist and are public facilities, the City of Anna, Texas will maintain such areas upon annexation to the same extent and degree that it maintains public parks, public playgrounds, public swimming pools, other public facilities buildings or services and other similar areas of the City now incorporated in the City of Anna, Texas. To the extent that it becomes necessary because of development demands population growth or a bona fide need, the City Council of the City of Anna, Texas will undertake to provide any such facility which it deems necessary to adequately provide for the health and safety of the citizens of the newly incorporated area based upon the standard considerations of topography, land use and population density. OTHER MUNICIPAL SERVICES Following annexation by the City of Anna, Texas, the City will provide code enforcement, planning, and animal control services to the newly annexed area, to the exte nt such services are funded in the annual budget and provided by the City within its full -purpose boundaries. In addition, the City will provide other municipal services that the City may from time to time provide to other similarly situated areas within the City’s corporate limits. The services referenced in this paragraph will be provided to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. CONSTRUCTION OF CAPITAL IMPROVEMENTS The City Council of the City of Anna, Texas finds and determines it may be necessary to acquire or construct specific capital improvements for the purposes of providing full municipal services to the newly annexed area. These capital improvements shall be constructed as part of the development of the property and may be eligible for impac t fee reimbursement. Subject to the foregoing, the City Council finds and determines that it has Page 4 of 5 at the present time adequate facilities to provide the same type, kind and level of service which exists in and is presently being administered to other areas already incorporated in the City of Anna, Texas with the same or similar topography, land use and population density. SPECIFIC FINDINGS The City Council of the City of Anna, Texas finds and determines that this Service Plan will not provide any fewer services and it will not provide a lower level of service in the area proposed to be annexed than were in existence in the proposed area at the time immediately preceding the annexation process. Furthermore, the City Council of the City of Anna, Texas finds and determines that the rural nature of the area is characteristically different from other more highly developed areas within the corporate limits of the City of Anna, Texas. Consequently because of the differing characteristics of topography, land use, and population density the service levels which may ultimately be provided in the newly annexed area may differ somewhat from services provided in other areas of the City of Anna, Texas. These differences are specifically dictated because of differing characteristics of the property. The City of Anna, Texas will undertake to perform consistent with this contract so as to provide this newly annexed area with the same type, kind and quality of service presently enjoyed by the citizens of the City of Anna, Texas who reside in areas of similar topography, land use and population density. AMENDMENTS This Service Plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this Service Plan unworkable or obsolete. The City Council may amend the Service Plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43.056. Page 5 of 5 Owner: Mantua 30 Partners, Ltd., a Texas Limited Partnership By: Golden Corridor Investors, Ltd., a Texas limited liability company Its general partner By: ____________________________ Name: Gail Peyton Title: Manager STATE OF TEXAS § § COUNTY OF COLLIN § This instrument was acknowledged before me on the _____ day of ________________, 2023 by ________________ as Manager of Mantua 30 Partners Ltd., a Texas Limited Partnership on behalf of said company. _____________________________ Notary Public, State of Texas City of Anna: By: Name: Ryan Henderson Title: Interim City Manager IN WITNESS WHEROF: STATE OF TEXAS § § COUNTY OF COLLIN § This instrument was acknowledged before me on the ___ day of ________, 2023, by Ryan Henderson as representative of the City of Anna. Notary Public, State of Texas [SEAL] Item No. 7.f. City Council Agenda Staff Report Meeting Date: 6/13/2023 Staff Contact: Lauren Mecke AGENDA ITEM: Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance to annex 2.53± acres of land generally located on the east side of future N. Standridge Boulevard, 705± feet south of W Rosamond Parkway. (Planning Manager Lauren Mecke) SUMMARY: History At the December 2019 City Council meeting, there was a presentation showing the expansion of the Villages of Hurricane Creek master planned community with two new tracts for the Villages of Hurricane Creek – North and Sherley Commercial. In this master planned design, existing County Road 368 would be realigned for future four- lane Standridge Boulevard and over 230 acres was planned to be annexed into the city. In June 2020, the zoning was established for the in-city, Sherley Commercial tract including multiple-family residential, commercial, and on the west side of Standridge Boulevard single-family, attached. A year later, the Villages of Hurricane Creek – North was annexed and zoned in August 2021. There were two tracks of land (1.8± acres and 0.7± acre) under the same ownership as the Villages of Hurricane Creek - North and transferred ownership to Sherley Commercial. The two tracts were inadvertently not included in the metes and bounds for the 2021 annexation and zoning. In accordance with state regulations, the property must go through the annexation and zoning public hearing process. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The applicant is requesting to annex 2.53± acres of additional land located on the east side of future N. Standridge Boulevard, 705± feet south of W Rosamond Parkway. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. ATTACHMENTS: 1. Locator Map 2. Ordinance (Annexation) Sherley Commercial Annex 3. Exhibit A Metes & Bounds 4. Exhibit B (Service Plan-Agreement) Sherley Commercial Annex M O R NING D E W DR WILDERN ESSPOINTLNTHORNCREEKDRCROSSING DR URBANWAYWILLOW TERRACE LN LONEROCKDRASHBROOK LN SU M M E R RA I N L N DRIFTWOOD LN C ROSSSHOREDRVALLEYPINESDRL A K EVIL L A G E D RBLUE S P RIN G DR TIMBERSHADEDRGLADESPRI N G LN MEADOWSPRINGLNSTILL CREEK LN NCENTRALEXPYSANDPEBBLECIRUS HIGHWAY 75WINDY HILL LN L AZYGROVEDRSTOCKPORT DR E COUNTY ROAD 370 BURWICK LN W COUNTY ROAD 370 NSTANDRIDGEBLVDCopyright nearmap 2015 Subject Property 200' Notice Boundary City Limits ETJ ¯ 0 400 800200 Feet May 2023 H:\Notification Maps\Notification Maps\ Annexation & Zoning - Sherley Commercial City of Anna, Texas Ordinance No. ____________ Page 1 of 2 CITY OF ANNA, TEXAS ORDINANCE NO. _____________________ AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED TERRITORY TO THE CITY OF ANNA, COLLIN COUNTY, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF SAID MUNICIPALITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN SAID MUNICIPAL CORPORATE LIMITS AND GRANTING TO ALL THE INHABITANTS OF SAID PROPERTY ALL THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID INHABITANTS BY ALL OF THE ACTS, ORDINANCES, RESOLUTIONS, AND REGULATIONS OF SAID CITY AS SET FORTH HEREIN; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 43 of the Texas Local Government Code authorizes the annexation of territory, subject to the laws of this state; and WHEREAS, the City of Anna, Texas (the “City”) is a Texas home-rule municipality; and WHEREAS, Section 43.0671 of the Texas Local Government Code authorizes a municipality to extend the boundaries of the municipality and annex areas by request of the owner(s) of the areas; and WHEREAS, the procedures prescribed by the Texas Local Government Code and the laws of this state have been duly followed with respect to the City’s annexation of following described territory, to wit: a 2.533± acre tract of land situated in the John Ellet Survey, Abstract Number 296 and the W. Rattan Survey, Abstract Number 752, Collin County, Texas, being a portion of that tract of land described in deed as Tract 1 to MM Anna 325, LLC recorded in Instrument Number 20190411000386110 of the Official Public Records, Collin County, Texas; and WHEREAS, the land being annexed under this ordinance (the “Annexation Tract”) is described more specifically in EXHIBIT A, attached hereto; and WHEREAS, the Annexation Tract is wholly located with the City’s extraterritorial jurisdiction; and WHEREAS, on or about May 15, 2023, the respective owner of the Annexation Tract submitted a written request to the City for annexation of said tract into the corporate limits of the City and the City and said owners have entered into a written agreement regarding municipal services to be provided by the City in accordance with Texas Local Government Code § 43.0672 and said written agreement is as set forth in EXHIBIT B, attached hereto; and WHEREAS, the City timely published notice and held a public hearing on this annexation at a duly noticed public meeting in accordance with the laws of this state; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: City of Anna, Texas Ordinance No. ____________ Page 2 of 2 SECTION 1. The recitals set forth above are hereby incorporated in this ordinance as if set forth in full for all purposes. SECTION 2. The Annexation Tract is hereby annexed into the corporate boundary limits of the City of Anna, Collin County, Texas, and that said corporate boundary limits of the City of Anna be and the same are hereby extended to include the above described territory within the corporate limits of the City, and the same shall hereafter be included within the territorial limits of the City, and the inhabitants thereof shall hereafter as set forth be entitled to all the rights and privileges of other similarly situated citizens of the City of Anna and they shall be bound by the acts, ordinances, resolutions, regulations and all other legal acts of said city. SECTION 3. The official map and boundaries of the City of Anna are hereby amended and revised so as to include the area annexed, and to reflect the expansion of the City's extraterritorial jurisdiction resulting from such annexation and the City Manager is directed to take all actions necessary to make said changes to the official boundary map of the City. SECTION 4. The City Secretary is hereby directed to file a certified copy of this ordinance and the amended official boundary map referenced in Section 3 with the with the County Clerk of Collin, Texas and the Texas Comptroller’s Office. SECTION 5. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance be severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, and the remainder of this ordinance shall be enforced as written. SECTION 6. All ordinances and parts thereof in conflict herewith are hereby expressly repealed insofar as they conflict herewith. SECTION 7.This ordinance shall become effective immediately upon the date and time of its adoption and it is accordingly so ordained. PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THIS THE 13TH DAY OF JUNE 2023. CITY OF ANNA, TEXAS ___________________________________ NATE PIKE, MAYOR ATTEST: _______________________________________ CARRIE L. LAND, CITY SECRETARY Exhibit A Page 1 of 5 AGREEMENT REGARDING SERVICES This Agreement Regarding Services (this “Agreement” or “Service Plan”) is entered into this 13th day of June, 2023 by and between Mantua 30 Partners, Ltd. and the City of Anna, Texas a home rule municipality. SUBJECT PROPERTY The real property that is the subject of this Service Plan is described as follows: Sherley Commercial Annex. 2.5± acres east side of future N. Standridge Boulevard, 705± feet south of W Rosamond Parkway. AGREEMENT CONDITIONED ON ANNEXATION This Agreement is conditioned on the City of Anna City Council adopting an ordinance annexing the Subject Property described above. Nothing in this Agreement shall require the City Council to annex the Subject Property. POLICE PROTECTION On the effective date of annexation, the City of Anna, Texas and its Police Department will provide police protection to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. FIRE PROTECTION On the effective date of annexation, the City of Anna, Texas and its Fire Department will provide fire protection to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. EMERGENCY MEDICAL SERVICES On the effective date of annexation, the City of Anna, Texas, will provide emergency medical services to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. Page 2 of 5 SOLID WASTE COLLECTION On the effective date of annexation, the City of Anna, Texas, through its contract with CARDS Dallas, Inc. or another service provider, will provide solid waste collection to residents and businesses in the newly annexed area (to the extent that the service provider has access to the area to be serviced) at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. Such service will be provided in accordance with existing City policies and Ordinances, and only upon payment of any required deposits and the agreement to pay lawful service fees and charges for solid waste collection. Solid waste collection through a subscription with the City’s solid waste franchisee is mandatory for City of Anna residents and businesses operating within the city limits unless provided for otherwise by ordinance. WATER AND WASTEWATER FACILITIES On the effective date of annexation, any and all water or wastewater facilities owned by the City of Anna, Texas at the time of annexation shall be maintained and operated by the City of Anna, Texas. Of such facilities, the City will maintain the main water transmission and wastewater collection lines. All water and wastewater service lines from the building to the easement or right-of-way line, shall be maintained by the property owner served by the service connection. Residents and owners of property in newly annexed areas that are located within the City’s water or wastewater CCN will be offered water and wastewater service in accordance with City policies and ordinances in existence at the time of annexation or as may be amended from time-to-time by the City Council. Generally, these ordinances state that the landowner or customer must bear the cost of construction of water and wastewater system facilities to a point where suitable connection to the existing system can be made and service to the customer can be provided. All water and wastewater facilities designed to connect to the City’s existing system must be approved by the City and meet all City zoning, subdivision, and other development ordinances and requirements. ROADS AND STREETS On the effective date of annexation, any and all existing public roads or streets in the newly annexed area which have been dedicated to Collin County, Texas or to the City of Anna, Texas, or which are owned by the City of Anna, Texas shall be maintained to the same degree and extent that other roads and streets are maintained i n areas of the City with similar topography land use and population density. Specific maintenance activities are determined by available funding and the need for maintenance as determined by the City. The City is not obligated to maintain any portion of a private road or street. Any and all lighting of roads and streets which may be positioned in a public right of way, roadway or utility company easement shall be maintained by the applicable utility company Page 3 of 5 servicing that area of the City of Anna, Texas pursuant to the rules regulations and fees of such utility. An owner of land within the newly annexed area that desires to develop said property will be required pursuant to the ordinances of the City of Anna, Texas to provide internal and peripheral streets and to construct those streets in accordance with the specifications required by the City of Anna, Texas. PARKS PLAYGROUNDS AND SWIMMING POOLS OR ANY OTHER PUBLICLY OWNED FACILITY BUILDING OR SERVICE The City Council of the City of Anna, Texas is not aware of the existence of any public parks, public playgrounds, public swimming pools, or any other publicly owned facility, building or service now located in the area proposed for annexation . In the event any such parks, playgrounds, swimming pools, or any other public facilities, buildings or services do exist and are public facilities, the City of Anna, Texas will maintain such areas upon annexation to the same extent and degree that it maintains public parks, public playgrounds, public swimming pools, other public facilities buildings or services and other similar areas of the City now incorporated in the City of Anna, Texas. To the extent that it becomes necessary because of development demands population growth or a bona fide need, the City Council of the City of Anna, Texas will undertake to provide any such facility which it deems necessary to adequately provide for the health and safety of the citizens of the newly incorporated area based upon the standard considerations of topography, land use and population density. OTHER MUNICIPAL SERVICES Following annexation by the City of Anna, Texas, the City will provide code enforcement, planning, and animal control services to the newly annexed area, to the exte nt such services are funded in the annual budget and provided by the City within its full -purpose boundaries. In addition, the City will provide other municipal services that the City may from time to time provide to other similarly situated areas within the City’s corporate limits. The services referenced in this paragraph will be provided to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. CONSTRUCTION OF CAPITAL IMPROVEMENTS The City Council of the City of Anna, Texas finds and determines it may be necessary to acquire or construct specific capital improvements for the purposes of providing full municipal services to the newly annexed area. These capital improvements shall be constructed as part of the development of the property and may be eligible for impac t fee reimbursement. Subject to the foregoing, the City Council finds and determines that it has Page 4 of 5 at the present time adequate facilities to provide the same type, kind and level of service which exists in and is presently being administered to other areas already incorporated in the City of Anna, Texas with the same or similar topography, land use and population density. SPECIFIC FINDINGS The City Council of the City of Anna, Texas finds and determines that this Service Plan will not provide any fewer services and it will not provide a lower level of service in the area proposed to be annexed than were in existence in the proposed area at the time immediately preceding the annexation process. Furthermore, the City Council of the City of Anna, Texas finds and determines that the rural nature of the area is characteristically different from other more highly developed areas within the corporate limits of the City of Anna, Texas. Consequently because of the differing characteristics of topography, land use, and population density the service levels which may ultimately be provided in the newly annexed area may differ somewhat from services provided in other areas of the City of Anna, Texas. These differences are specifically dictated because of differing characteristics of the property. The City of Anna, Texas will undertake to perform consistent with this contract so as to provide this newly annexed area with the same type, kind and quality of service presently enjoyed by the citizens of the City of Anna, Texas who reside in areas of similar topography, land use and population density. AMENDMENTS This Service Plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this Service Plan unworkable or obsolete. The City Council may amend the Service Plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43.056. Page 5 of 5 Owner: Mantua 30 Partners, Ltd., a Texas Limited Partnership By: Golden Corridor Investors, Ltd., a Texas limited liability company Its general partner By: ____________________________ Name: Gail Peyton Title: Manager STATE OF TEXAS § § COUNTY OF COLLIN § This instrument was acknowledged before me on the _____ day of ________________, 2023 by ________________ as Manager of Mantua 30 Partners Ltd., a Texas Limited Partnership on behalf of said company. _____________________________ Notary Public, State of Texas City of Anna: By: Name: Ryan Henderson Title: Interim City Manager IN WITNESS WHEROF: STATE OF TEXAS § § COUNTY OF COLLIN § This instrument was acknowledged before me on the ___ day of ________, 2023, by Ryan Henderson as representative of the City of Anna. Notary Public, State of Texas [SEAL] Item No. 7.g. City Council Agenda Staff Report Meeting Date: 6/13/2023 Staff Contact: Lauren Mecke AGENDA ITEM: Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance to amend a Planned Development (Ord. No. 860-2020) to incorporate an additional 2.53± acres of land generally located on the east side of future N. Standridge Boulevard, 705± feet south of W Rosamond Parkway. (Planning Manager Lauren Mecke) SUMMARY: History At the December 2019 City Council meeting, there was a presentation showing the expansion of the Villages of Hurricane Creek master planned community with two new tracts for the Villages of Hurricane Creek – North and Sherley Commercial. In this master planned design, existing County Road 368 would be realigned for future four- lane Standridge Boulevard and over 230 acres was planned to be annexed into the city. In June 2020, the zoning was established for the in-city, Sherley Commercial tract including multiple-family residential, commercial, and on the west side of Standridge Boulevard single-family, attached. A year later, the Villages of Hurricane Creek – North was annexed and zoned in August 2021. There were two tracks of land (1.8± acres and 0.7± acre) under the same ownership as the Villages of Hurricane Creek - North and transferred ownership to Sherley Commercial. The two tracts were inadvertently not included in the metes and bounds for the 2021 annexation and zoning. In accordance with state regulations, the property must go through the annexation and zoning public hearing process. REMARKS: The applicant is requesting to establish zoning on properties currently located in the Extraterritorial Jurisdiction (ETJ) by including them into an existing Planned Development (Ord. No. 860-2020). The subject properties were shown and included as part of the previously approved concept plan associated with the existing Planned Development zoning. The applicant is not proposing to modify the approved concept plan or any existing standards of the Planned Development. The property owner has submitted a voluntary annexation petition associated with this request. Surrounding Land Use and Zoning North Vacant land zoned C-2 General Commercial East Vacant land zoned Planned Development (Ord. No. 860-2020) South Vacant land part of Villages of Hurricane Creek – North zoned Planned Development (Ord. No. 932-2021) West Single-Family, attached part of Villages of Hurricane Creek – North zoned Planned Development (Ord. No. 932-2021 and Ord. No. 860-2020) SUMMARY: The applicant is requesting to amend an existing planned development (Ord. No. 860- 2020) by incorporating 2.53± acres of additional land located on the east side of future N. Standridge Boulevard, 705± feet south of W Rosamond Parkway. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The Planning & Zoning Commission recommended approval. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. ATTACHMENTS: 1. Locator Map 2. Ordinance - zoning amedment (Ord. No. 860-2020) 3. Exhibit 1 Metes & Bounds M O R NING D E W DR WILDERN ESSPOINTLNTHORNCREEKDRCROSSING DR URBANWAYWILLOW TERRACE LN LONEROCKDRASHBROOK LN SU M M E R RA I N L N DRIFTWOOD LN C ROSSSHOREDRVALLEYPINESDRL A K EVIL L A G E D RBLUE S P RIN G DR TIMBERSHADEDRGLADESPRI N G LN MEADOWSPRINGLNSTILL CREEK LN NCENTRALEXPYSANDPEBBLECIRUS HIGHWAY 75WINDY HILL LN L AZYGROVEDRSTOCKPORT DR E COUNTY ROAD 370 BURWICK LN W COUNTY ROAD 370 NSTANDRIDGEBLVDCopyright nearmap 2015 Subject Property 200' Notice Boundary City Limits ETJ ¯ 0 400 800200 Feet May 2023 H:\Notification Maps\Notification Maps\ Annexation & Zoning - Sherley Commercial 1 ORDINANCE NO. ________________ AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY’S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND ESTABLISHING THE ZONING OF CERTAIN PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF FUTURE N. STANDRIDGE BOULEVARD, 705± FEET SOUTH OF W ROSAMOND PARKWAY (W CR 370); 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 zoning amendment from Mantua 30 Partners, LTD on real property described in Exhibit 1 (the “Property”) attached hereto and incorporated herein for all purposes as if set forth in full; and WHEREAS, the Property is generally located the east side of future N. Standridge Boulevard, 705± feet south of W Rosamond Parkway (W CR 370); 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 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, and the City Council has concluded that the Zoning Ordinance and Planned Development (Ord. No. 860-2020) should be amended as set forth in this ordinance; and WHEREAS, the purpose of this amendment is to incorporate the Property into existing Planned Development (Ord. No. 860-2020) after being annexed into the city’s corporate limits; 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 Ord. No. 860-2020, as amended by Ord. No. 1010B-2022, is hereby amended by incorporating the Property (Exhibit 1) into the Planned Development as shown on the previously approved concept plan. Section 3.Official Zoning Map The official Zoning Map of the City shall be amended to reflect the change in zoning described herein. 2 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 13th day of June 2023. ATTESTED: APPROVED: ________________________________ _________________________ Carrie L. Land, City Secretary Nate Pike, Mayor Exhibit 1 Item No. 7.h. City Council Agenda Staff Report Meeting Date: 6/13/2023 Staff Contact: Lauren Mecke AGENDA ITEM: Consider/Discuss/Action on a Resolution regarding the White Rock Subdivision, Block A, Lots 1 -5, Final Plat. (Planning Manager Lauren Mecke) SUMMARY: Five lots on 5.5± acres located on the east side of White Rock Trail, 630± feet south of E. Farm-to-Market Road 455. Located in the Extraterritorial Jurisdiction (ETJ). The purpose for the Final Plat is to dedicate lot and block boundaries, and easements necessary for future development. ISSUES: As proposed the Final Plat, attached as Exhibit A, does not conform to the City’s Subdivision Regulations pertaining to streets, lots, and wastewater. Streets & Lots The applicant is requesting waivers from adopted city standards located within both the Subdivision Regulations and Design Standards. The property does not have frontage along a public right-of-way and the existing residence uses a private access easement labeled as White Rock Trail. As shown on the final plat, the new lots would not have frontage along an existing street since the applicant is proposing to retain the thirty foot easement and not dedicate the easement area as public-right-of-way. Additionally, the existing condition of the thirty-foot easement for the purpose of ingress, egress, and construction & maintenance of utilities exceeds the maximum block length of 1,200 feet. As proposed, the Final Plat violates the following subsections of the Subdivision Regulations: § 9.02.081 Streets (c) Adequacy of streets and thoroughfares (1) Responsibility for adequacy of streets and thoroughfares. The property owner shall ensure that the subdivision is served by adequate streets and thoroughfares, and shall be responsible for the costs of rights-of-way and street improvements, in accordance with the following policies and standards, and subject to the city’s cost participation policies on oversized facilities. (6) Street dedications. (A) Dedication of right-of-way. The developer shall dedicate all rights-of-way required for existing or future streets, and for all required street improvements, including perimeter streets and approach streets, as shown in the comprehensive plan and as required by the design standards or by other valid development plans approved by city council. (o) Maximum and minimum length of block or street segments. The maximum length of any block or street segment, including a looped street, shall be 1,200 feet and the minimum length of any block or street segment shall be 400 feet, as measured along the street centerline and between the point(s) of intersection with other through streets. A cul-de-sac or dead-end street shall not be considered a through street. The block length is not measured along the side of a block that does not include the front of any lot. §9.02.087 Lots (b) Minimum frontage on a public street. Each lot on a subdivision plat shall front onto a dedicated, improved public street, unless platted as an approved private street subdivision in accordance with these subdivision regulations. All lots shall have a minimum of 40 feet of frontage along the property line of a dedicated, improved street unless other provisions have been authorized under article 9.04 or an approved planned development district. Attached (Exhibit B) is the applicant’s justification letter associated with each of the waiver requests. Wastewater The applicant has failed to provide evidence that Lots 2, 3, 4, & 5 can each support a septic system. The Collin County Development Services Department conducts reviews of all on-site sewage facilities (OSSF) within Anna’s planning jurisdiction. The County’s rules for OSSF, attached as Exhibit C, requires the minimum lot size of platted or subdivided lots after April 1983 to be one acre of useable surface area. The Collin County Subdivision Regulations defines usable acre as: A unit of area equal to at least 43,560 square feet. When calculating the usable acreage of any lot, the gross square footage within the lot shall be used, provided that any area that is dedicated for right of way purposes, within a private roadway easement, an easement for a shared access driveway, or any unusable easements or areas as defined by [Texas Administrative Code], Title 30, Chapter 285 regarding On-Site Sewage Facilities shall be excluded. The four one-acre lots each containing 0.08 acre or more of the access easement which would bring the usable acreage of the lots below the minimum requirement. Without documentation from the County that these lots could receive a septic permit, the application is in violation of the following subsection of the Subdivision Regulations: § 9.02.090 Water and wastewater facility design, (c) Subdivider responsibilities (4) Providing proof to the city of adequate water and wastewater service; FINDINGS: Where the city council finds that undue hardships will result from strict compliance with a certain provision(s) of the subdivision regulations and design regulations, or where the purposes of the regulations may be served to a greater extent by an alternative proposal, the city council may approve a waiver/suspension from any portion of the regulations so that substantial justice may be done and the public interest is secured, provided that the waiver/suspension shall not have the effect of nullifying the intent and purpose of the regulations, and further provided that the city council shall not approve a waiver/suspension unless it makes findings based upon the evidence presented to it in each specific case that: (A) Granting the waiver/suspension will not be detrimental to the public safety, health or welfare, and will not be injurious to other property or to the owners of other property, and the waiver/suspension will not prevent the orderly subdivision of other property in the vicinity; • The 30-foot easement already exists and serves as the only means of access/frontage for 3 existing tracts. The proposed Development Plat will create 4 additional tracts along the existing 30-foot easement that does not connect to another public right-of-way. • The existing condition of the 30-foot easement, as a dirt and rock road, does not meet the adopted street standards. Section 2.12 (Pavement Design) of the City of Anna Design Standards states that residential and fire lane pavement shall be reinforced concrete. • The Collin County Fire Marshall stipulates that municipal fire departments within Collin County have ultimate authority over emergency access within their given fire district, which includes the ETJ. o The City of Anna Fire Department (Exhibit D) has determined there are impediments to public safety access and maneuverability associated with the Development Plat. (B) The conditions upon which the request for a waiver/suspension is based are unique to the property for which the waiver/suspension is sought, and are not applicable generally to other property; • The violations of §9.02.081 & §9.02.087 are existing conditions of the property and not created by the applicant. • The existing 30-foot easement for the purpose of ingress and egress and for the construction and maintenance of utilities was established by deed on December 6, 1982 (Instrument No. 19821217000419450). Previously, the City of Anna allowed lots to meet the minimum lot frontage requirements via an access easement. This regulation was removed on January 26, 2021 (Ord. No. 892-2021) (C) Because of the particular physical surroundings, shape and/or topographical conditions of the specific property involved, a particular undue hardship to the property owner would result, as distinguished from a mere inconvenience or increased expense, if the strict letter of these regulations is carried out; • The violations of §9.02.081 & §9.02.087 are existing conditions of the property and not created by the applicant. (D) The waiver/suspension will not in any manner vary the provisions of the zoning ordinance, comprehensive plan (as amended), or any other adopted plan(s) or ordinance(s) of the city; and • The waiver request is specific to standards contained within the Subdivision Ordinance. (E) An alternate design will generally achieve the same result or intent as the standards and regulations prescribed herein. • The existing easement was initially dedicated by deed (1982) to achieve the same result as right-of-way dedication. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The Planning and Zoning Commission recommended denial (7-0) for violation of §9.02.081, §9.02.087, & § 9.02.090 of the Subdivision Regulations. STRATEGIC CONNECTIONS: This item has no strategic connection. ATTACHMENTS: 1. White Rock Subdivision, Block A, Lots 1-5 Locator Map 2. PZ - STAFF REPORT (FP) Whiterock Subdivision, Block A, Lots 1-5 3. Exhibit A (FP) White Rock Subdivision Final Plat 4. Exhibit B (Waiver Request) White Rock Subdivision Final Plat 5. Exhibit C CollinCountyOSSF_2008 6. Exhibit D Anna FD Subdivision Statement SHEFFIELDDRWHITEROCKTRLE FM 455 Copyright nearmap 2015 City Limits ETJ Subject Property ¯ 0 400 800200 Feet May 2023 H:\Notification Maps\Notification Maps\ Final Plat - White Rock Subdivision, Block A, Lots 1-5 CITY OF ANNA Planning & Zoning Commission June 5, 2023 Final Plat: White Rock Subdivision, Block A, Lots 1-5 Applicant: Siriven, LLC AGENDA ITEM: Consider/Discuss/Action on White Rock Subdivision, Block A, Lots 1-5, Final Plat. SUMMARY: Five lots on 5.5± acres located on the east side of White Rock Trail, 630± feet south of E. Farm-to-Market Road 455. Located in the Extraterritorial Jurisdiction (ETJ). The purpose for the Final Plat is to dedicate lot and block boundaries, and easements necessary for future development. ISSUES: As proposed the Final Plat, attached as Exhibit A, does not conform to the City’s Subdivision Regulations pertaining to streets, lots, and wastewater. Streets & Lots The applicant is requesting waivers from adopted city standards located within both the Subdivision Regulations and Design Standards. The property does not have frontage along a public right-of-way and the existing residence uses a private access easement labeled as White Rock Trail. As shown on the final plat, the new lots would not have frontage along an existing street since the applicant is proposing to retain the thirty feet easement and not dedicate as public-right-of-way. Additionally, the existing condition of the thirty-foot easement for the purpose of ingress, egress, and construction & maintenance of utilities exceeds the maximum block length of 1,200 feet. As proposed, the Final Plat violates the following subsections of the Subdivision Regulations: § 9.02.081 Streets (c) Adequacy of streets and thoroughfares (1) Responsibility for adequacy of streets and thoroughfares. The property owner shall ensure that the subdivision is served by adequate streets and thoroughfares, and shall be responsible for the costs of rights-of-way and street improvements, in accordance with the following policies and standards, and subject to the city’s cost participation policies on oversized facilities. (6) Street dedications. (A) Dedication of right-of-way. The developer shall dedicate all rights-of-way required for existing or future streets, and for all required street improvements, including perimeter streets and approach streets, as shown in the comprehensive plan and as required by the design standards or by other valid development plans approved by city council. (o) Maximum and minimum length of block or street segments. The maximum length of any block or street segment, including a looped street, shall be 1,200 feet and the minimum length of any block or street segment shall be 400 feet, as measured along the street centerline and between the point(s) of intersection with other through streets. A cul-de-sac or dead-end street shall not be considered a through street. The block length is not measured along the side of a block that does not include the front of any lot. §9.02.087 Lots (b) Minimum frontage on a public street. Each lot on a subdivision plat shall front onto a dedicated, improved public street, unless platted as an approved private street subdivision in accordance with these subdivision regulations. All lots shall have a minimum of 40 feet of frontage along the property line of a dedicated, improved street unless other provisions have been authorized under article 9.04 or an approved planned development district. Attached (Exhibit B) is the applicant’s justification letter associated with each of the waiver requests. Wastewater The applicant has failed to provide evidence that Lots 2, 3, 4, & 5 can each support a septic system. The Collin County Development Services Department conducts reviews of all on-site sewage facilities (OSSF) within Anna’s planning jurisdiction. The County’s rules for OSSF, attached as Exhibit C, requires the minimum lot size of platted or subdivided lots after April 1983 to be one acre of useable surface area. The Collin County Subdivision Regulations defines usable acre as: A unit of area equal to at least 43,560 square feet. When calculating the usable acreage of any lot, the gross square footage within the lot shall be used, provided that any area that is dedicated for right of way purposes, within a private roadway easement, an easement for a shared access driveway, or any unusable easements or areas as defined by [Texas Administrative Code], Title 30, Chapter 285 regarding On-Site Sewage Facilities shall be excluded. The four one-acre lots each containing 0.08 acre or more of the access easement which would bring the usable acreage of the lots below the minimum requirement. Without documentation from the County that these lots could receive a septic permit, the application is in violation of the following subsection of the Subdivision Regulations: § 9.02.090 Water and wastewater facility design, (c) Subdivider responsibilities (4) Providing proof to the city of adequate water and wastewater service; FINDINGS: Where the city council finds that undue hardships will result from strict compliance with a certain provision(s) of the subdivision regulations and design regulations, or where the purposes of the regulations may be served to a greater extent by an alternative proposal, the city council may approve a waiver/suspension from any portion of the regulations so that substantial justice may be done and the public interest is secured, provided that the waiver/suspension shall not have the effect of nullifying the intent and purpose of the regulations, and further provided that the city council shall not approve a waiver/suspension unless it makes findings based upon the evidence presented to it in each specific case that: (A) Granting the waiver/suspension will not be detrimental to the public safety, health or welfare, and will not be injurious to other property or to the owners of other property, and the waiver/suspension will not prevent the orderly subdivision of other property in the vicinity; •The 30-foot easement already exists and serves as the only means of access/frontage for 3 existing tracts. The proposed Development Plat will create 4 additional tracts along the existing 30-foot easement that does not connect to another public right-of-way. •The existing condition of the 30-foot easement, as a dirt and rock road, does not meet the adopted street standards. Section 2.12 (Pavement Design) of the City of Anna Design Standards states that residential and fire lane pavement shall be reinforced concrete. •The Collin County Fire Marshall stipulates that municipal fire departments within Collin County have ultimate authority over emergency access within their given fire district, which includes the ETJ. o The City of Anna Fire Department (Exhibit D) has determined there are impediments to public safety access and maneuverability associated with the Development Plat. (B) The conditions upon which the request for a waiver/suspension is based are unique to the property for which the waiver/suspension is sought, and are not applicable generally to other property; •The violations of §9.02.081 & §9.02.087 are existing conditions of the property and not created by the applicant. •The existing 30-foot easement for the purpose of ingress and egress and for the construction and maintenance of utilities was established by deed on December 6, 1982 (Instrument No. 19821217000419450). Previously the City of Anna allowed lots to meet the minimum lot frontage requirements via an access easement. This regulation was removed on January 26, 2021 (Ord. No. 892- 2021) (C) Because of the particular physical surroundings, shape and/or topographical conditions of the specific property involved, a particular undue hardship to the property owner would result, as distinguished from a mere inconvenience or increased expense, if the strict letter of these regulations is carried out; •The violations of §9.02.081 & §9.02.087 are existing conditions of the property and not created by the applicant. (D) The waiver/suspension will not in any manner vary the provisions of the zoning ordinance, comprehensive plan (as amended), or any other adopted plan(s) or ordinance(s) of the city; and •The waiver request is specific to standards contained within the Subdivision Ordinance. (E) An alternate design will generally achieve the same result or intent as the standards and regulations prescribed herein. •The existing easement was initially dedicated by deed (1982) to achieve the same result as right-of-way dedication. RECOMMENDATION: The Planning and Zoning Commission has the option to recommend denial with reasons or recommend approval with conditions. If the Planning & Zoning Commission determines to recommend denial, the suggested language is: The Final Plat is recommended for denial for violation of §9.02.081, §9.02.087, & § 9.02.090 of the Subdivision Regulations. Should the Planning & Zoning Commission choose to recommend approval with conditions, staff suggests the following stipulations: 1. Additions and/or alterations to the engineering plans as required by the Public Works Department prior to recording the plat; and 2. Additions and/or alterations required upon approval of the on-site sewage facility review by Collin County Development Services prior to recording the plat; and 3. Subject to Council approval of a waiver of the Subdivision Regulations pertaining to: a. Right-of-way dedication (§ 9.02.081), b. The maximum street length (§9.02.081), and c. The minimum lot frontage (§9.02.087). 4. The applicant must provide a legitimate and acceptable alternative measure of compliance or protection (termed an “equivalency”). The equivalency is subject to review by a Fire Protection Engineer or other 3rd party entity deemed appropriate by the Fire Marshal. In any case, any equivalency must ultimately be approved by the Fire Chief. ATTACHMENTS: Locator Exhibit A – Final Plat Exhibit B – Waiver requests Exhibit C – Collin County’s rules for OSSF Exhibit D – Fire Chief’s Memo 4.4CREEK 0.4455 455 121 121WILDWOOD TRAILANNA CITY LIMIT ANNA CITY LIMIT 3"STEEL FCP N89°50'55"W 334.88'N00°07'28"E 713.50'S89°46'55"E 336.73'S00°16'22"W 713.11'1/2 IRF(CM) LOT 5 47,063 SQ. FT. 1.080 ACRES LOT 4 43,569 SQ. FT. 1.000 ACRES LOT 3 43,584 SQ. FT. 1.001 ACRES LOT 2 43,568 SQ. FT. 1.000 ACRES LOT 1 61,747 SQ. FT. 1.418 ACRES 30' ACCESS EASEMENT 25' DRAINAGE EASEMENT 60' DRAINAGE EASEMENT VARIABLE WIDTH DRAINAGE EASEMENT 25' DRAINAGE EASEMENT P.O.B. 1/2 IRF(CM) 1/2 IRF(CM) 8"WOOD FCP BLOCK A WHITEROCK SUBDIVISION 239,530 SQ. FT. 5.499 ACRES25' BUILDING LINE25' BUILDING LINEBOHLER ENGINEERING- ALL RIGHTS RESERVED.THE PURPOSE ORIGINALLY INTENDED, WITHOUT THE WRITTEN PERMISSION OF BOHLER ENGINEERING, IS PROHIBITED.THE COPYING OR REUSE OF THIS DOCUMENT, OR PORTIONS THEREOF, FOR OTHER THAN THE ORIGINAL PROJECT OR 1"=60' 0 60153060 SCALE: N.T.S.SCALE: N.T.S. SCAN QR CODE FOR GOOGLE MAPS DIRECTION FILE NO.DATE DWG. NO.APPROVED SCALE 1" = 60'OF REVIEWEDDRAWN TSD212033 09/08/21 ASA BL BL 1 1 www.bohlerengineering.com 6017 MAIN STREET FRISCO, TEXAS 75034 469.458.7300 TBPLS No. 10194413 TBPE No. 18065 TM OWNER/DEVELOPER: SIRIVEN LIMITED LIABILITY COMPANY 7323 SARATOGA WAY IRVING, TEXAS 75063 PHONE:(703) 220-1108 CONTACT: KISHORE NAGA SURVEYOR: BOHLER ENGINEERING 6017 MAIN ST. FRISCO, TX 75034 PHONE:(469)458-7300 CONATCT: BILLY M LOGSDON, JR GENERAL NOTES: 1.All corners are one-half inch iron rods with yellow cap stamp "Bohler Eng." unless otherwise noted. 2.The basis of bearing is derived from the Texas WDS RTK Cooperative Network - Texas State Plane Coordinate System, North Central Zone (4202), NAD83. 3.According to Community Panel No. 48085C0160J dated June 02, 2009 of the Federal Emergency Management Agency, National Flood Insurance Program Map, this property is within Flood Zone "X", (areas determined to be outside 500-year floodplain), which is not a special flood hazard area. Although the site is not within an identified special flood hazard area, this flood statement does not imply that the property and/or the structures thereon will be free from flooding or flood damage. On rare occasions, greater floods can and will occur and flood heights may be increased by man-made or natural causes. This statement shall not create liability on the part of the Surveyor. 4.The propose of this plat is to subdivide an existing tract of land into individual lots and add necessary easements for development of the lots. 5.Notice: Selling a portion of this addition by metes and bounds is a violation of the city Subdivision Ordinance and State platting statutes and is subject to fines and withholding of utilities and building certificates. STATE OF TEXAS § COUNTY OF COLLIN § WHEREAS, SIRIVEN LIMITED LIABILITY COMPANY, is the owner of a tract of land situated in the City of Anna, Collin County, Texas, being a part of James Sowell Survey, Abstract No. 858, being all of a called 5.50 acre tract of land described in a General Warranty Deed to Siriven Limited Liability Company, as recorded in Instrument No. 20210607001145430, Official Public Records, Collin County, Texas (O.P.R.C.C.T.) and being more particularly described as follows: BEGINNING at a one-half inch iron rod found at the northwest corner of said 5.50 acre tract of land and the southwest corner of a called 5.62 acre tract of land described in a Correction Affidavit to Naweed Anjum and Waseem Akram, as recorded in Instrument No. 20180802000967720, O.P.R.C.C.T., said iron rod being in the east line of a tract of land described in a Warranty Deed to Rosamond Sherley Elliott Trust and R.M. Sherley Trust as recorded in Volume 3200, Page 922, Deed Records, Collin County, Texas; THENCE South 89 degrees 46 minutes 55 seconds East, a distance of 336.73 feet along the north line of said 5.50 acre tract of land and the south line of said 5.62 acre tract of land to a one-half inch iron rod found at the northeast corner of said 5.50 acre tract of land, the southeast corner of said 5.62 acre tract of land, the southwest corner of a called 4.00 acre tract of land described in a General Warranty Deed to Randy R. Lavene and Rebecca S. Lavene, as recorded in Instrument No. 20070411000488540, O.P.R.C.C.T. and an angle point of a called 5.956 acre tract of land described in a General Warranty Deed with Vendor's Lien to Matthew Fortner, as recorded in Instrument No. 20140417000368770, O.P.R.C.C.T.; THENCE South 00 degrees 16 minutes 42 seconds West, distance of 713.11 feet along the east line of said 5.50 acre tract of land and the west line of said 5.956 acre tract of land to an eight inch wood fence corner post found at the southeast corner of said 5.50 acre tract of land and the southwest corner of said 5.956 acre tract of land, said point being in the north line of a called 2.005 acre tract of land described in a General Warranty Deed with Vendor's Lien to Susan K. Vitti, as recorded in Instrument No. 20110331000339370, O.P.R.C.C.T., from which a three inch steel fence corner post bears South 26 degrees 16 minutes 26 seconds East a distance of 0.47 feet; THENCE North 89 degrees 50 minutes 55 seconds West, a distance of 334.88 feet along the south line of said 5.50 acre tract of land and the north line of said 2.005 acre tract of land to a one-half inch iron rod found at the southwest corner of said 5.50 acre tract of land and the northwest corner of said 2.005 acre tract of land, said iron rod being in the east line of said Sherley tract of land; THENCE North 00 degrees 07 minutes 28 seconds East, a distance of 713.50 feet along the west line of said 5.50 acre tract of land and the east line of said Sherley tract of land to the POINT OF BEGINNING and containing 239,530 square feet or 5.499 acres tract of land. SURVEYOR'S CERTIFICATE Know All Men By These Presents: That I, Billy M. Logsdon, Jr., do hereby certify that I prepared this plat from an actual and accurate survey of the land and that the comer monuments shown thereon as set were properly placed under my personal supervision in accordance with the Subdivision Ordinance of the City of Anna. Dated this the ___ day of ______, 2023. __________________________________ Billy M. Logsdon, Jr., Registered Professional Land Surveyor No. 6487 STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME, the undersigned, a Notary Public in and for The State of Texas, on this day personally appeared Billy M Logsdon, Jr., known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the ___ day of ______, 2023. ____________________________________ Notary Public, State of Texas OWNER'S CERTIFICATE NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: THAT SIRIVEN LIMITED LIABILITY COMPANY; acting herein by and through its duly authorized officers, does hereby adopt this plat designating the hereinabove described property as, WHITEROCK SUBDIVISION, BLOCK A, LOTS 1-5, an addition to Collin County, Texas, and does hereby dedicate, in fee simple, to the public use forever, the streets and alleys shown thereon. The streets and alleys are dedicated for street purposes. The easements and public use areas, as shown, are dedicated for the public use forever, for the purposes indicated on this plat. In addition, utility easements may also be used for the mutual use and accommodation of all public utilities desiring to use or using the same unless the easement limits the use to particular utilities, said use by public utilities being subordinate to the public's and City of Anna's use thereof. The City of Anna and public utility entities shall have the right to remove and keep removed all or parts of any buildings, fences, trees, shrubs, or other improvements or growths which may in any way endanger or interfere with the construction, maintenance, or efficiency of their respective systems in said easements. The City of Anna and public utility entities shall at all times have the full right of ingress and egress to or from their respective easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, reading meters, and adding to or removing all or parts of their respective systems without the necessity at any time of procuring permission from anyone. The undersigned does covenant and agree that the access easement may be utilized by any person or the general public for ingress and egress to other real property, and for the purpose of General Public vehicular and pedestrian use and access, and for Fire Department and emergency use, in, along, upon, and across said premises, with the right and privilege at all times of the City of Anna, its agents, employees, workmen, and representatives having ingress, egress, and regress in, along, upon, and across said premises. This approved subject to all platting ordinances, rules, and regulations of the City of Anna, Texas. WITNESS, my hand, this the _____ day of ___________________, 2023. BY: _______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Authorized Signature of Owner _______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Printed Name and Title STATE OF TEXAS § COUNTY OF __________________§ Before me, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared __________________________, Owner, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purpose and considerations therein expressed. Given under my hand and seal of office,this the _____ day of ___________________, 2023. _______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Notary Public in and for the State of Texas _______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ My Commission Expires On: Approved this _______ day of _______________ 2023, by the City Council of the City of Anna, Texas. __________________________ Mayor __________________________ City secretary 7323 SARATOGA WAY IRVING, TEXAS 75063 703-220-1108 SIRIVEN LLC DRAINAGE AND DETENTION EASEMENT STATE OF TEXAS § COUNTY OF COLLIN § CITY OF ANNA § This plat is hereby adopted by the Owners and approved by the City of Anna (called “City”) subject to the following conditions which shall be binding upon the Owners, their heirs, grantees and successors: The portion of Block 1, as shown on the plat is called “Drainage and Detention Easement.” The Drainage and Detention Easement within the limits of this addition, will remain open at all times and will be maintained in a safe and sanitary condition by the owners of the lot or lots that are traversed by or adjacent to the Drainage and Detention Easement. The City will not be responsible for the maintenance and operation of said Easement or for any damage to private property or person that results from conditions in the Easement, or for the control of erosion. No obstruction to the natural flow of storm water run-off shall be permitted by construction of any type of building, fence, or any other structure within the Drainage and Detention Easement as hereinabove defined, unless approved by the City Engineer. Provided, however, it is understood that in the event it becomes necessary for the City to erect or consider erecting any type of drainage structure in order to improve the storm drainage that may be occasioned by the City shall have the right to enter upon the Drainage and Detention Easement at any point, or points, to investigate, survey or to erect, construct and maintain any drainage facility deemed necessary for drainage purposes. Each property owner shall keep the Drainage and Detention Easement clean and free of debris, silt, and any substance which would result in unsanitary conditions or obstruct the flow of water, and the City shall have the right of ingress and egress for the purpose of inspection and supervision of maintenance work by the property owner to alleviate any undesirable conditions which may occur. The natural drainage through the Drainage and Detention Easement is subject to storm water overflow and natural bank erosion to an extent which cannot be definitely defined. The City shall not be held liable for any damages of any nature resulting from the occurrence of these natural phenomena, or resulting from the failure of any structure, or structures, within the Easement. 2600 Network Blvd Ste 310 Frisco, TX 75034 469.458.7300 April 24, 2022 Planning & Zoning Commission and City Council City of Anna 120 W 7th Street Anna, Texas 75409 Re: Waiver Request – Whiterock Subdivision Final Plat Commission and Council Members: As applicant, I have submitted a final plat for consideration by the City Planning & Zoning Commission and City Council at upcoming hearings. I respectfully request that this final plat be approved with a waiver to the following requirement(s): § 9.02.087 (b) Minimum frontage on a public street. Each lot on a subdivision plat shall front onto a dedicated, improved public street, unless platted as an approved private street subdivision in accordance with these subdivision regulations. All lots shall have a minimum of 40 feet of frontage along the property line of a dedicated, improved street unless other provisions have been authorized under article 9.04 or an approved planned development district. § 9.02.081 (c) Adequacy of streets and thoroughfares. (1) Responsibility for adequacy of streets and thoroughfares. The property owner shall ensure that the subdivision is served by adequate streets and thoroughfares, and shall be responsible for the costs of rights-of-way and street improvements, in accordance with the following policies and standards, and subject to the city’s cost participation policies on oversized facilities. (6) Street dedications. (A) Dedication of right-of-way. The developer shall dedicate all rights-of-way required for existing or future streets, and for all required street improvements, including perimeter streets and approach streets, as shown in the comprehensive plan and as required by the design standards or by other valid development plans approved by city council. (o) Maximum and minimum length of block or street segments. The maximum length of any block or street segment, including a looped street, shall be 1,200 feet and the minimum length of any block or street segment shall be 400 feet, as measured along the street centerline and between the point(s) of intersection with other through streets. A cul-de-sac or dead-end street shall not be considered a through street. The block length is not measured along the side of a block that does not include the front of any lot. 2600 Network Blvd Ste 310 Frisco, TX 75034 469.458.7300 This waiver is requested based on the following: A. The existing private road is surrounded by other private property owners, leaving the City with a floating public right-of-way, with no connecting right-of-way to the major throughfares near the project. Additionally, this plat would only be able to dedicate half of the right-of-way section due to limits of ownership. B. Additionally, the condition of the private roadway currently does not meet the City’s surfacing requirements and would require improvements in the near future. C. The final plat being presented for consideration does include a 30’ access easement, intended to become future right-of-way when adjacent development does occur. The 30’ access easement is intended to comply with what would be half of the 60’ public right-of-way. We appreciate your consideration of this waiver request and approval of the final plat. Sincerely, Kishore Naga Applicant and Owner Anna Fire Marshal’s Office 305 S. Powell Pkwy. Anna, TX 75409 Ph: 972.924.2143 firecad@annatexas.gov “Providing quality service to our neighbors through Dedication, Training, and Professionalism” MEMORANDUM TO: Lauren Mecke, Planning Manager FROM: Ray Isom, Fire Chief / Fire Marshal SUBJECT: White Rock Subdivision DATE: 5/31/2023 To Whom It May Concern, The Fire Marshal’s Office does not consider simple waiver requests. The applicant must provide a legitimate and acceptable alternative measure of compliance or protection (termed an “equivalency”) for discussions to proceed. The equivalency is subject to review by a Fire Protection Engineer or other 3rd party entity deemed appropriate by the Fire Marshal. In any case, any equivalency must ultimately be approved by the Fire Chief. In this particular case, there are obvious impediments to public safety access and maneuverability. Additionally, the Collin County Fire Marshal stipulates that municipal fire departments within Collin County have ultimate authority over emergency access within their given fire district, which includes the ETJ. In conclusion, I cannot support the waiver request or configuration as proposed. Thank you. Ray Isom - MPA, FEMT, CFPS, CFO, FM Item No. 7.i. City Council Agenda Staff Report Meeting Date: 6/13/2023 Staff Contact: Ryan Henderson AGENDA ITEM: Slayter Creek Park, Henry Clay "Yank" Washington Park, and Natural Springs Park (Interim City Manager Ryan Henderson) Consider/Discuss/Action on an Ordinance Amending the FY2023 Park Development Fund budget. Consider/Discuss/Action on a Resolution awarding a construction agreement with A&C Construction for improvements to Slayter Creek Park, Henry Clay "Yank" Washington Park and Natural Springs Park. SUMMARY: Consider the award of a construction agreement for the construction of park improvements at Henry Clay "Yank" Washington Park, Natural Springs Park and Slayter Creek Park with A&C Construction. The proposed budget amendment includes funding for the following purposes: Natural Springs Park Improvements - Park Development Fund (+$256,000) An additional parking lot is needed at Natural Springs Park for Anna neighbors who use the Paw Park and to accommodate future events at the park. The parking lot will include lighting, landscaping, and irrigation. Accessible parking is included. Yank Park Improvements - Park Development Fund (+$186,000) Yank Park was built by the developer of the adjacent subdivision. Funding is for the construction of park improvements, which include the addition of a half-basketball court east of the playground, installation of a drinking fountain, and construction of a concrete walk around the playground. Slayter Creek Park Sports Court - Park Development Fund (+$118,433) Slayter Creek Park, named after one of the original families to settle in Anna, is the City's signature park, containing a wide range of amenities for neighbors. New features will allow for more experiences for a broader segment of the community. Funding is for the construction of a parking lot expansion and pedestrian improvements on the north end of the park, nine pickleball courts, two basketball courts, lighting and resurfacing of existing tennis courts. FINANCIAL IMPACT: Funding for the Natural Springs Park project is being fully funded through an amendment to the FY2023 Community Investment Program budget in the amount of $256,000 from the Park Development Fund. The total estimated cost of the Natural Springs Park project is $456,000. Funding for the Yank Park project is being fully funded through an amendment to the FY2023 Community Investment Program budget in the amount of $186,000 from the Park Development Fund. The total estimated cost of the Yank Park project is $489,500. Funding for the Slayter Creek Park Sports Court and Parking Lot Expansion project is being fully funded through an amendment to the FY2023 Community Investment Program budget in the amount of $118,433 from the Park Development Fund. The total estimated cost of the Slayter Creek Park Sports Court project is $1,928,000 from 2021 General Obligation Bonds and $388,500 from the Park Development Fund for a total project cost of $2,316,500. BACKGROUND: Construction documents were prepared by Jacobs Engineering for improvements to three parks. The bid was issued on April 4, 2023, and closed on May 3, 2023. Three bids were received. The bid was structured as a best value bid instead of lowest responsible bidder. However, the lowest bidder is also the highest scoring bidder based on the selection criteria. 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. The proposed use of Park Development Funds to meet the budget requirements is consistent with the City Council Strategic Goal of having growth pay for growth. Park Development Funds are paid by developers as new development is constructed in the community. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Active. ATTACHMENTS: 1. June 13 Other Park Improvements Budget Amendment Ordinance 2. June 13 Other Park Improvements Budget Amendment Exhibit 3. Bid Form Completed A&C Construction 4. Public Bid Results-Anna Park Projects 5. City of Anna Parks Project Updated Contract Revised FINAL Signed by A&C 6. Resolution for Construction Agreement with A&C Construction for Jacobs Projects Rev 1 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 Park Development Fund as set forth in the original budget adopted under Ordinance No. 1002- 2022 by replacing the information regarding said funds with the information relating to said funds set forth in the attached Exhibit A, incorporated herein for all purposes. SECTION 4. Upon adoption and execution of this ordinance, the City Secretary is directed to attach same and its exhibits to the original City of Anna 2022-2023 fiscal year budget in all places where said budget is filed as of public record or posted for public inspection. SECTION 5. If any provision of this ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this ordinance would have been enacted without such invalid provision. SECTION 6. It is officially found, determined, and declared that the meeting at which this ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this PAGE 2 OF 2 ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. PASSED, APPROVED, AND ADOPTED on first and final reading on this 13th day of June, 2023. ATTESTED: _________________________ City Secretary, Carrie Land APPROVED: _________________________ Mayor, Nate Pike EXHIBIT A Expense: Budget Change Revised Budget 200,000$ 256,000$ 456,000$ Justification: Expense: Budget Change Revised Budget 303,500$ 186,000$ 489,500$ Justification: Expense: Budget Change Revised Budget 1,928,000$ -$ 1,928,000$ 270,067 118,433 388,500 2,198,067$ 2,316,500$ Justification: CITY OF ANNA DETAIL OF RECOMMENDED FY2022-23 BUDGET AMENDMENTS Project Name An additional parking lot is needed at Natural Springs Park for Anna neighbors that use the Paw Park and to accommodate future events at the park. Parking lot will include lighting, landscaping and irrigation. Accessible parking is included. Natural Springs Park - Park Development Fund Slayter Creek Park, named after one of the original families to settle in Anna, is a large park with many amenities for neighbors. New features will allow for more experiences for a wider age group. Funding is for construction of parking lot expansion on north end of the park, nine pickleball courts, two basketball courts, lighting and resurfacing of existing tennis courts. Slayter Creek Park Sports Court - Park Development Fund Project Name Yank Park - Park Development Fund Yank Park was built by the developer of the adjacent subdivision. Funding is for the construction of park improvements which include the addition of a half-basketball court east of the playground, installation of a drinking fountain, construction of a concrete walk around the playground. Project Name Slayter Creek Park Sports Court - Bond Fund COMPETITIVE SEALED PROPOSAL FOR ANNA PARKS PROJECT CITY OF ANNA, TEXAS 2021-0021 Attention: City of Anna, Attn: Alan Guard, 120 W. 7th Street, Anna, TX 75409 Bids Due – May 3, 2023 2:00 PM Closing 1 Addendum Acknowledged 1400 Irving Blvd. Ste. 201, Irving, Texas 75061 Ph: 972-457-0423 COMPANY PROFILE Legal Business Name of our Firm: A&C Construction, Inc. 1400 Irving, Blvd., Ste. 201, Irving, Texas 75061 Main Phone: 972-457-0423 Form of Business Organization: Corporation – Formed in 2016 in the State of Texas – Specializing in Municipal, Commercial, & Residential Individuals authorized to make representations on behalf of A&C Construction, Inc. Jose Granados, President Email: jose@acconstruction.us Ph: 214-682-0264 David Stanfield, Vice President Email: david@acconstruction.us Ph: 469-921-5568 WHO WE ARE A&C Construction, Inc. was established in 2016. Brothers, Jose and Carlos Granados founded the company on traditional values of construction and believing that the American Dream of building a solid company from the ground up was possible. In the last decade, A&C Construction, Inc. has built and renovated hotels, churches, municipal projects, banks, retail stores, shopping centers, car dealerships, residential houses, and more. During that time, A&C also built one of the most trusted brands in the industry. A&C has been recognized for transparency in our dealings and honesty in everything we do. OUR MISSION A&C Construction, Inc. is committed to providing high quality and solutions for our clients construction needs with a best-in-class experience. We focus on building long-term partnerships with honesty, integrity, and trust. Our core values are the foundation of our company and the projects we work on, no matter how big or small. Everyone in and involved with our company embraces our core values:  Quality  Punctuality  Honesty WHY CHOOSE A&C CONSTRUCTION, INC. A&C Construction, Inc. has the experience and knowledge to tackle any project. Our innovation begins with the initial planning process and continues through project completion to help meet schedules and budgets. Our expertise and unique business model has helped us create a process that provides the least amount of disruption to clients and residents, while also providing a best-in-class experience due to our efficiencies. A&C has maintained an excellent reputation based on innovation, reliability, and integrity in everything we do. We are very critical in understanding the needs of our clients and we give our clients the guarantee that we strive to deliver our projects on time within budget and of the highest standard of quality. We see to it that our projects teams work very closely with our clients and that their needs will always be considered in all major project decisions. We secure with our clients our transparency in costing, budget control, project scheduling, and commissioning as part of our accountability and integrity. We believe in our service-oriented approach to business as the reason for our continued success. We value our clients, employees, subcontractors, and other business partners and consider them to be a vital part of our success and we aim in making a strong relationship with all of them. PROJECT ORGANIZATIONAL CHART President Contracts/Admin. Jose Granados City Project Manager Vice President Project Manager David Stanfield Quality Control & Safety Manager – Project Assistant Project Superintendents Michael Hampton Miguel Meaves City Inspectors Geotech / Third Party Lab & Inspections In-House Labor & Subcontractor Team Supers & Forman KEY PERSONNEL RESUMES Jose Granados (President) Experience Jose has over 35 years’ experience in the construction industry. He started his career as a mason specialist and then started his own masonry company with his brother, Carlos, in 2009 and has grown it into one of DFW’s premier masonry and stucco companies. Jose and Carlos had bigger goals and opened A&C Construction in 2016 in order to pursue their dream of being a General Contractor and not just a sub. They established the company on the same standards and reputation they had built with their masonry company and were quickly able to make their mark as a GC. Jose’s humbleness and kindness is what draws people in and makes you want to work with him. He knows every aspect of construction because he started in the field as a laborer and worked his way all the way to the top of his own company. Employment History General Laborer to Masonry Specialist – 13 Years+ CRG Masonry & Stucco, Inc. – President/CEO – 2009 – Current A&C Construction, Inc. – President/CEO – 2016 – Current David Stanfield (Vice President & Proposed Project Manager) Experience David has 23+ years’ experience in the construction industry. He started his career doing CAD/Drafting and drawing all types of projects. He worked his way up from drawing plans, to estimating, to project management, and then to executive roles. His passion is seeing a project go from plans to completion as he still loves the architecture and design element of every project. Throughout his career, he has taught drafting at the college level, sat on boards for companies, and played key roles for each company he worked for. He specializes in business development, project management, design aide, project scheduling, and construction problem resolution. He has been working with DFW area municipalities for the last 8 years and has built everything from parks to fire stations. David will be the key contributor and project manager for this project if we are chosen. Employment History A&C Construction, Inc. – Vice President/Project Manager - 9/15/21 – Current MSB Constructors – Senior Project Manager – 6/15/18 – 9/15/21 JCC, Inc. – Vice President - 5/15/2015 – 6/15/18 Avallone Architectural Specialties – Estimating Manager - 12/1/2013 – 5/15/15 North Shreve Construction – Project Manager/Lead Estimator - 12/1/2009 – 11/2/2013 S&S Professional Drafting Services – Owner/Manager – 8/1/2001 – 12/1/2009 Paris Junior College – Drafting Department Head – 1/1/2004 – 5/31/2008 Texas Dept. of Transportation – Drafter/Construction Inspector – 12/1/2000 – 4/31/2002 Hayter Civil Engineering, Inc. – Project Manager/Drafter – 6/1/1998 – 12/2/2000 Michael Hampton & Miguel Meave (Superintendent / Field Team) We will utilize two men on site for this project as our Superintendent/Field Crew Leaders. We will self-perform most of the work on the project, so we will utilize our Earthwork/Concrete Crew Leader, Michael Hampton for those scopes and also have our Site Superintendent, Miguel Meave on hand to assist them and coordinate all inspections and any other scopes/trades. They will both be under direction of the Project Manager, David Stanfield. This particular team of 3 men has successfully completed several projects together, all early, all on or under budget, and all with outstanding reviews from all of the Owner Reps and/or Municipalities we worked with. Michael’s Experience Michael has 13+ years’ experience in the construction industry. He started his career helping his father-in-law’s construction business with estimating. He specializes in earthwork and concrete work. He went from estimating projects to being a helper on a concrete crew in the field to get hands on experience, to becoming a field crew leader and an integral part of his family business and growth. Michael will be the field crew leader on site and will be in charge of all earthwork and concrete activities. Miguel’s Experience Miguel has 10+ years’ experience in the construction industry. He started his career as a drywall installer with a large interior finish-out company and later became a superintendent’s assistant, and then a lead superintendent. Miguel has his Associates Degree in Construction Management on top of his 10+ years of field experience. He is bi-lingual, which is a great help on job sites and he does a great job of keeping a job site running smoothly and coordinated between all trades because he understands how trades connect and flow together. Between David, Michael, and Miguel, this team has built and/or managed similar projects for the City of Grand Prairie, Dallas, Irving, Allen, Arlington, Plano, Ponder, Pottsboro, Lewisville, Denton, Justin, McKinney, Waxahachie, Flower Mound, and more. WHAT CAN YOU COUNT ON DURING CONSTRUCTION?  Safety o Just like any successful General Contractor, we have to make safety a priority on our job sites. That starts with the proper job site safety training and staying in tune with possible hazards relative to the scope of work anticipated and scheduled. We start by requiring all of our employees to go through OSHA 30 Certification program where they learn all of the basics on job site safety. We then hold tool box topic safety meetings weekly on our job sites, which is conducted by our site superintendent. We have a company Safety Plan that is implemented on every job. We pride ourselves in keeping a project incident free and have always held very low EMR rates consistently, which is below 1.0 at all times.  Quality Control o Project quality is right there at the same level of importance to us as safety is. If we can’t turn over high quality projects for our clients, then we would consider it a failure. We have developed and implemented a quality control plan specific on each project. We strictly follow the guidelines and steps in the plan to help ensure that everything done on site meets our quality standards. We have a great system of checks, double checks, and balances throughout the construction phase that allows us to eliminate issues and rework. o We have three phases of inspections during construction; Preparatory Meetings with each trade/sub, initial inspections once they near completion, and follow-up inspections when we are ready for the owner/architect review. o Our Superintendent tracks all non-conforming work with reports and hold our subs to high standards. We track everything from the time materials hit the site with material inspection reports, all the way through the finish-out process and make sure all work is ready to present to the team.  Prepare and Maintain Project Schedule o At A&C, all critical path scheduling is performed in-house and maintained throughout the project by the Project Manager. There is constant communication between the Project Manager, the Owner, the Design Team, and the Lead Forman for each Subcontractor, to keep consistent track of where things stand on the project so we can keep the schedule up to date appropriately. We build and maintain complete project schedules throughout the entire project and give the owner updated schedules monthly. Superintendents will also create and maintain 3-Week Look-Aheads, which will be used in conjunction with the overall schedule to help keep Subcontractors in line where they need to be for planning ahead.  Construction Administration & Documentation o We give our client’s complete access to all project documents as required or needed during the project. This creates a transparent and accountable construction management climate that the entire project team can access. We will ensure that all project team members are current on project progress, information distribution, schedule updates, and current activities. We provide electronic copies of all RFI’s, Submittals, Project Contact Information, Meeting Minutes, Contract Documents, Daily Reports, and any other important documentation. This provides a seamless transition from the Pre-Construction Phase, to the Construction Phase, and through the Close-out Phase of the project.  Punch List and Execution o We spend a considerable time towards the end of the project walking through the project site as a group with the Project Manager, Superintendent, and Subcontractor Formen, looking at finished work trade by trade. We try to identify any items that would end up on a punch list and we try to correct those items ahead of time. We are proactively looking at ways throughout the project, especially towards the end, to eliminate any and all of these items. Once we feel the project is substantially complete and ready for the owner and design team walk-through, we perform our own final walk- through alone to give the project one last round of checks and balances. Our goal is always to have a very small punch list, to no punch list. Once we are given a punch list, we take it and divide it up into each specific trade and supply the appropriate subs with a list only showing the items they are responsible for, which keeps them focused solely on their own duties, and it gives us a specific check- off list to use with each sub.  Project Close-out o A&C’s construction close-out approach is to not wait till the end of the project to begin closing it out. We start working on close-out from the beginning of the project. Once subs finish their scopes of work, they are immediately asked to get their close-out documentation done and turned in. We file these items and begin assembling Operations and Maintenance Manuals, Warranty Notebooks, and Record Drawings. By the time the project reaches Substantial Completion, our close-out documents are basically done and all we have to do is double check our records and put finishing touches on things. We find this proactive approach very helpful in avoiding scrambling at the end of the project to get things done.  Warranty Services o Our philosophy for warranties is this, if we do a great job, but we don’t follow through with providing the same quality of service when it comes to the warranty of that project, then we have still failed. The warranty has to be handled in the same manner as the construction. This is when integrity and taking pride in your work really comes into play. Does the contractor show up for the client when little things are needed after the contractor has finished and left the site? Well, our answer is YES. We don’t leave our client hanging when things are needed. Our goal is to respond to any warranty call within 24 hours. In an emergency situation, the response will be immediately, day or night or weekend. Warranty means responsibility. We are responsible for our product or project until that warranty period ends, period. We demand and even bind our subcontractors by contract to handle warranty issues with the same expectations and because we work as a TEAM, it is not a struggle to get things done when they come up. It’s about relationships and trust, which equates to team members wanting to pitch in and help on the small things along the way and after the project is over too. PROJECT HISTORY & REFERENCES CURRENT / RECENT PROJECT LIST  City of Arlington: SE Branch Library Sidewalks, Parking Lot & Pavement Improvements  City of Grand Prairie: Mi Familia Park – Sidewalks/Trails, Playground, Landscaping, Lighting, Etc.  City of Irving: Oak Meadows Park Trail – Sidewalks/Trails, Picnic Areas, Landscaping, Etc.  City of Richardson: Apollo Road Property Improvements – Parking Lot, Soccer Fields, Sidewalks, Etc.  City of Allen: Heritage Park Pavilion Improvements – Site Work, New Large Ground-up Pavilion  City of Lewisville: New 60’x300’ Pre-Eng. Truck/Equipment Shelter & New Parking at Kealy Facility  City of Irving: City Hall Landscape & Irrigation Improvements – Sidewalks, Pavers, Landscaping, Etc.  Koan Private School: New 6,000 SF Pre-Eng. Classroom Facility & Remodel of Existing Facility  City of Pottsboro: Multiple Park Improvement Project, Pottsboro, Texas  Denco Area 911 District Office: 1075 Princeton St., Lewisville, Texas  Lavon Justice of the Peace Office: 121 Private Rd. 5681, Lavon, Texas  Northstar Dermatology Office: 8165 Precinct Line Rd., North Richland Hills, Texas  Cross Heritage Storage Facility: 1702 Fannin Road, Melissa, Texas  Holiday Inn Express & Suites Hotel: 6351 North Freeway, Fort Worth, Texas  And many more completed projects over the years…. SOME OF OUR RELATED / MUNICIPAL REFERENCES City of Irving / Capital Improvement Program  825 W. Irving Blvd., Irving, Texas 75060  Gene Moulden, Planning Manager & Landscape Architect  Gene has worked on multiple projects with us, including the City Hall Landscape/Paving Improvements  Ph: 972-721-2719  Email: gmoulden@cityofirving.org City of Irving / Capital Improvement Program  825 W. Irving Blvd., Irving, Texas 75060  Brad Hughes, Architectural Project Manager  Brad is the City PM on multiple projects that David Stanfield has managed (Hunter Ferrell Landfill Offices, Joint Fire Training Facility, Fire Apparatus Storage Facility)  Ph: 972-721-2785  Email: bhughes@cityofirving.org City of Lewisville, Texas  151 W. Church Street, Lewisville, Texas 75057  Ron Carson, Public Works Manager  Ron worked with our team on a project for the City of Lewisville recently  Ph: 972-219-3525  Email: rcarson@cityoflewisville.com The Koan School  The Koan School, Denton, Texas 76208  Amanda Newton, School Administrator  Amanda is currently working with our team on a new school facility project that we designed and are building  Ph: 817-247-1371  Email: Amanda.newton@koanschool.org City of Irving, Texas  825 W. Irving Blvd., Irving, Texas 75060  Terry Read, Landscape Architect  Terry was the City Rep and Architect on the recent Oak Meadows Park Trail project we completed  Ph: 972-721-2717  Email: tread@cityofirving.org PROJECT SITE MAINTENANCE & ESTABLISHMENT Again, we take pride in running a clean, safe, and well maintained project site. We treat everything as if it was our own. We keep ourselves, our workers, our subcontractors, and anyone else entering the project site safe by requiring proper PPE at all times (safety boots, vests, hard hats, and glasses as required by activities going on). In the current Covid pandemic we are experiencing, we also take action to ensure our workers are in good health by making sure they don’t have any symptoms of Covid or any other illness prior to coming on site. We will properly install and maintain SWPPP’s on site at all times. It will be checked and adjusted daily by the site superintendent, and we will have our SWPPP subcontractor inspect it and make any needed repairs after all rain or weather events. It will be removed upon completion of the project and the areas restored to their original condition. We will properly install and maintain Traffic Control throughout the project duration as well. We will submit TCP’s upon starting the project and once it is reviewed and approved, it will be installed accordingly. We have a working relationship with Buyers Barricades and they take care of our requirements on all of our projects. Building that relationship insures that we get what we need, when we need it, as things tend to pop up on you with projects involving high volume pedestrian activities, so it is very important that we stay on top of traffic and pedestrian control. If there are items that involve us removing, storing, and re-installing items, or protecting existing elements during construction, we take proper care of them. This is very important to us because we do not want to have to buy or replace these items if damaged. Again, we treat these items as if they were ours and we take extra care with them. We will store them in secured, safe places and we will put them where they need to be in original condition. Another very important item for us on this project is the establishment of the turf and landscaping items involved with the project. Our team has worked on multiple projects for the City of Irving and we know how important this is to the city. We are familiar with the protocols and special instructions the city has in place. We take all of this into consideration during the installation of these items, from selection of the elements prior to bringing them on site, to the installation process, and through the growing-in and maintenance period of these elements. This project is not a large project, so the process will not be difficult. We don’t anticipate any watering issues as it will all be accomplished with temporary irrigation methods or hand watering until the permanent elements are up and running. A&C Construction, Inc. is an Hispanic Owned company. We do not currently have our Minority Certifications in place, but that is something we are working on. However, we always make an effort to invite any and all minority owned subcontractors to bid on our projects. We utilize bidding subscription platforms such as iSqFt and PlanHub, that will intentionally send out our bid invitations to MWBE, HUB, NCTRCA, and DBE subcontractors all across the DFW area. We typically always meet our MWBE goals on any project that has a goal percentage or requirement because most of the subcontractors we utilize on our projects do have their certifications. On this particular project, we will meet or exceed the Construction Goal of 30%. Our sister company, Berumen Construction is MBE Certified and will be doing at least 30% of the project scope. 1400 W. Irving Blvd., Irving, Dallas County, TX 75061 Texas David Stanfield - Vice President Jose Granados President 1400 W. Irving Blvd., St 201, Irving, Texas 75061 972-457-0423 or 469-921-5568 Jose Granados, President David Stanfield - Vice President 18 7 Years + as a General Contractor 20 Years + as a Subcontracting Company under Same Ownership Oak Meadows Park Trail City of Irving - Terry Read, City Landscape Architect 2022 $343,450 Terry Read 972-721-2717 tread@cityofirving.org City Hall Landscape/Hardscape Renovations City of Irving - Gene Moulden, City Landscape Architect 2022 $451,995 Gene Moulden 972-721-2719 gmoulden@cityofirving.org Allen Heritage Village Pavilion Improvements City of Allen - Matt McComb 2023 $358,830 Matt McComb 214-509-4721 mmccomb@cityofallen.org Koan School - Facility Upgrades and New Building The Koan School - Design/Build Project by A&C 2022 $1,073,924 940-597-9184 greg.gullion@koanschool.orgGreg Gullion - School Director Mi Familia Park - Phase 1 Improvements City of Grand Prairie - TBG Partners Landscape Architects 40%$2,056,320 Steve Plumber, Park Manager 972-237-8392 splumer@GPTX.org Apollo Road Property Soccer Fields & Parking Lots City of Richardson - Dunaway & Associates 0%$1,122,484 Paul Nassauer, Parks Planner 972-744-4311 paul.nassauer@cor.gov Just Starting - Done by end of July Will be done by June and waiting for playground equipment Onion Shed and Rambler Park Just Starting - Done by end of July City of Farmersville - Dunaway & Associates 0%$342,500 Eddy Daniel, Engineer 972-782-4683 edaniel@dunaway.com No, never No, none Gene Moulden 825 W. Irving Blvd., Irving, TX 972-721-2719 Bank of America Lola Delamo - lola.delamo@bofa.com 469-267-3403 TXIrving Acme Brick - Scott Yung jsyoung@brick.com 940-391-2410 Horton Building Supply - Jason Fletcher jfletcher@hortonbuildingsupply.com 214-363-6180 City Planning Manager City of Irving Vice President 5/2/23A&C Construction, Inc. David Stanfield 1 Year & 6 Months 15 + Mi Familia Park - Phase 1 Improvements New Walking Trails, Monument Sign, Playground, Retaining Walls, Site Lighting, Site Drainage, Landscaping, & Irrigation at a City Park Current Project $2,056,320 Canyon Falls Park New Walking Trails, Monument Sign, Playground, Retaining Walls, Site Lighting, Site Drainage, Landscaping, Irrigation, Restroom Building, Pavilion, Exercise Equipment Sites, Splashpad, and Site Furnishings at a City Park City of Grand Prairie 2021 $2,574,800 City of Flower Mound Delaware Creek Park Trail City of Irving New Walking/Biking Trails (2 Miles), 100 LF Pedestrian Bridge, Masonry Columns, Site Furnishings, Site Drainage, Landscaping, Railings, and Fencing at a City Park 2020 $1,734,350 Miguel Meaves 1 Year & 6 Months 10+ Mi Familia Park Improvements - City of Grand Prairie New Walking Trails, Monument Sign, Playground, Retaining Walls, Site Lighting, Site Drainage, Landscaping, & Irrigation at a City Park Will be done by June and waiting for playground equipment $2,056,320 Oak Meadows Park Trail City Park with Walking Trails, Exercise Pads, Playground, Landscaping December 2022 $343,450 Irving City Hall Paving and Landscape Improvements Complete Demo and Redo of Sidewalks, Hardscapes, Site Lighting, Landscaping, Irrigation, Site Furnishings, Site Artwork/Sculptures around City Hall Complex October 2022 $451,995 These are his last few projects, but there are many more similar that he has built. 972-457-0423 1400 W. Irving Blvd., Irving, Dallas County, TX 75061 A&C Construction, Inc. Jose GranadosA&C Construction, Inc. Irving, Texas 75061 1400 W. Irving Blvd., St 201, 972-457-0423 President A&C Construction, Inc. 1400 W. Irving Blvd., St 201, Irving, TX 75061 $19,320.00 $19,320.00 $3.00 $1,401.00 $2,135.00 $2,135.00 $130.00$130.00 $28.00 $7,196.00 $8.00 $5,800.00 $5.00 $855.00 $3.00 $900.00 $1,200.00 $1,200.00 $61.00 $2,562.00 $78.00 $156,390.00 $14,578.00 $76.00 $13,452.00 $18.50 $610.00 $4,880.00 $427.00 $1,708.00 $0.50 $442.00 $155.00 $620.00 $1,220.00 $2,074.00 $8,300.00 $8,300.00 $2,200.00 $2,200.00 $7.50 $3,000.00 $10.00 $12,000.00 $6,200.00 $6,200.00 $2,200.00 $2,200.00 $185.00 $185.00 $10.00 $5,700.00 $1,098.00 $13,176.00 $6.00 $33,366.00 $79,890.00 $79,890.00 $1,800.00 $1,800.00 $3.00 $4,311.00 $25.00 $33,975.00 $33.50 $18,023.00 $6.50 $15,093.00 $27.00 $4,320.00 $3.00 $4,623.00 $1,026.00 $5,130.00 $1,350.00 $1,350.00 $24.00 $19,224.00 $22.00 $8,074.00 $32.40 $6,480.00 $16.20 $28,107.00 $70.00 $476,560.00 $135.00 $675.00 $189.00 $945.00 $378.00 $1,890.00 $270.00 $1,350.00 $0.50 $2,164.00 $540.00 $3,780.00 $68.00 $92,276.00 $556.00 $599,368.00 $40.00 $159,920.00 $40.00 $58,280.00 $510.00 $4,590.00 $3,700.00 $7,400.00 $2,600.00 $7,800.00 $3,500.00 $3,500.00 $1,512.00 $13,608.00 $1,782.00 $16,038.00 $1,890.00 $37,800.00 $100.00 $103,700.00 $43.00 $20,511.00 $1,350.00 $10,800.00 $17.00 $17,629.00 $11.00 $5,027.00 $583.00 $1,166.00 $756.00 $39,312.00 $648.00 $7,128.00 $8.00 $33,144.00 $16.20 $20,979.00 $3.50 $61,439.00 $82,000.00 $82,000.00 $9,000.00 $9,000.00 $1,296.00 $18,144.00 $6.50 $26,000.00 $8.64 $103,680.00 $7,000.00 $7,000.00 $1,944.00 $50,544.00 $162.00 $972.00 $1,000.00 $1,000.00 $54.00 $8,262.00 $5,400.00 $5,400.00 $6,480.00 $12,960.00 $13,500.00 $13,500.00 $172.80 $34,560.00 $3,780.00 $7,560.00 $5,940.00 $35,640.00 $1,500.00 $1,500.00 $75.60 $6,048.00 $86.40 $31,104.00 $1,300.00 $1,300.00 $7,020.00 $21,060.00 $3,240.00 $9,720.00 $86.00 $20,812.00 $1,025.00 $1,025.00 $28,000.00 $28,000.00 $3.00 $2,157.00 $65.00 $187.50 $1,875.00 $375.00$187.50 $185.00 $555.00 $663.00$39.00 $8.00 $5,136.00 $28.75 $2,760.00 $3,000.00 $3,000.00 $8,840.00 $300.00 $300.00 $25.00 $2,075.00 $570.00 $27,930.00 $79.00 $3,081.00 $65.00 $23,855.00 $650.00 $84,500.00 $110.00 $8,800.00 $2,300.00 $6,900.00 $2,200.00 $4,400.00 $2,000.00 $4,000.00 $5,500.00 $5,500.00 $4,500.00 $4,500.00 $16.00 $2,880.00 $7,500.00 $7,500.00 $140.00 $1,400.00 $150.00 $37,500.00 $3,888.00 $3,888.00 $99,4840.00 $16,620.00 A&C Construction, Inc. 1400 W. Irving Blvd., Irving, TX 75061 1 4/21/23 Anna Parks Project - Preliminary Schedule Page 1 of 2 Page 2 of 2 Anna Parks Projects - Bid Results A&C Construction Millis Dev & Construction Bid Bond Received?Yes Yes Base Bid $3,152,310 $3,686,804 Alternate 1 $99,484 $128,515 Alternate 2 $16,620 $17,056 Selection Criteria Score 92 83 Dean Construction Yes $3,773,441 $69,430 $15,270 80 CITY OF ANNA, TEXAS RESOLUTION NO. _________________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A CONTRACT AGREEMENT FOR THE CONSTRUCTION OF PARK IMPROVEMENTS AT HENRY CLAY “YANK” WASHINGTON PARK, NATURAL SPRINGS PARK AND SLAYTER CREEK PARK WITH A&C CONSTRUCTION . WHEREAS, the City Council of the City of Anna, Texas, (“City Council”) finds that the change order with Kraftsman Play is instrumental and necessary to the construction of improvements at Henry Clay “Yank” Washington Park, Natural Springs Park and Slayter Creek Park; and WHEREAS, the City Council considers park improvements at Henry Clay “Yank” Washington Park, Natural Springs Park and Slayter Creek Park to be beneficial to the neighbors of Anna, Texas, meeting several goals and objectives set forth in the Strategic Plan adopted by City Council; and WHEREAS, the City Council approves the contract agreement with A&C Construction to include the following fee: “The total amount for fiscal years 2023 and 2024: $3,518,414.” 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 as set forth in full. Section 2. Approval and Authorization of Agreement. The City Council hereby approves the extension attached hereto as Exhibit 1 to enter into a construction agreement with A&C Construction and ratifies and approves the City Manager’s execution of the same. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize and enforce the construction agreement A&C Construction PASSED, APPROVED, AND ADOPTED on first and final reading on this 13th day of June, 2023. ATTEST: APPROVED: _____________________________ ______________________________ City Secretary, Carrie Land Mayor, Nate Pike Item No. 7.j. City Council Agenda Staff Report Meeting Date: 6/13/2023 Staff Contact: Dalan Walker AGENDA ITEM: Bryant Park (Interim City Manager Ryan Henderson) Consider/Discuss/Action on an Ordinance Amending the FY2023 Park Development Fund budget. Consider/Discuss/Action on a Resolution authorizing the City Manager to execute a construction agreement with A New Deal, Inc. to install an irrigation system at Bryant Park. SUMMARY: The construction agreement with AND, Inc. is for the installation of an irrigation system at Bryant Park. The coverage area is the southern half of the park nearest to the existing water meters. The project was designed in-house. The bid was issued on April 27th and closed on May 19th. It was advertised as required by law. Two bids were received and one no-bid was submitted. The bid is a low-bid award. The proposed budget amendment includes funding for the following purposes: Bryant Park Improvements - Park Development Fund ($64,000) Bryant Park is a 5-acre tract located on the north side of CR371 just south of Bryant Elementary. Currently, the park is undeveloped but in the future will be available for outdoor athletic and recreational activities. The southern half of the park will be irrigated to facilitate the City's soccer program this season. FINANCIAL IMPACT: Funding for the Bryant Park project is being fully funded through an amendment to the FY2023 Community Investment Program budget in the amount of $64,000 from the Park Development Fund. The total estimated cost of the Bryant Park project is $64,143. BACKGROUND: Bryant Park activation began last year with the installation of a perimeter fence and delivery of soccer goals. The southern half of the park will be irrigated to facilitate the City's soccer program this season. Funding to develop Bryant Park was included in the Park CIP Five Year Plan for next fiscal year. However, the expansion of the northern parking lot at Slayter Creek Park has necessitated moving this project up on the CIP schedule because Slayter was home to the soccer program last year. 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. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Active. ATTACHMENTS: 1. June 13 Bryant Park Budget Amendment Ordinance 2. June 13 Bryant Park Budget Amendment Exhibit 3. Bryant Irrigation AND Inc Countersigned with Exhibits FINAL 4. Resolution for Construction Agreement with AND Inc Irrigation at Bryant Park 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 Park Development Fund as set forth in the original budget adopted under Ordinance No. 1002- 2022 by replacing the information regarding said funds with the information relating to said funds set forth in the attached Exhibit A, incorporated herein for all purposes. SECTION 4. Upon adoption and execution of this ordinance, the City Secretary is directed to attach same and its exhibits to the original City of Anna 2022-2023 fiscal year budget in all places where said budget is filed as of public record or posted for public inspection. SECTION 5. If any provision of this ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this ordinance would have been enacted without such invalid provision. SECTION 6. It is officially found, determined, and declared that the meeting at which this ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this PAGE 2 OF 2 ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. PASSED, APPROVED, AND ADOPTED on first and final reading on this 13th day of June, 2023. ATTESTED: _________________________ City Secretary, Carrie Land APPROVED: _________________________ Mayor, Nate Pike EXHIBIT A Expense: Budget Change Revised Budget 143$ 64,000$ 64,143$ Justification: CITY OF ANNA DETAIL OF RECOMMENDED FY2022-23 BUDGET AMENDMENTS Project Name Bryant Park Improvements - Park Development Fund Bryant Park is a 5-acre tract located on the north side of CR371 just south of Bryant Elementary. Currently, the park is undeveloped but in the future will be available for outdoor athletic and recreational activities. The southern half of the park will be irrigated to facilitate the City's soccer program this season. EXHIBIT 1 2021 - 0022 And, Inc Supplier Response Event Information Number:2021 - 0022 Title:Bryant Park Irrigation Type:Invitation to Bid Issue Date:4/27/2023 Deadline:5/19/2023 02:00 PM (CT) Contact Information Contact:Dalan Walker Address:Neighborhood Services City Hall 121 120 W 7th St Anna, TX 75409 Phone:(214) 831 x5306 Email:dawalker@annatexas.gov Vendor: And, Inc 2021 - 0022Page 1 of 2 pages EXHIBIT A And, Inc Information Contact:tammy gressett Address:P.O. Box 1089 Wylie, TX 75098 Phone:(972) 442-4077 Fax:(972) 442-5527 Email:tammycoo08@yahoo.com By submitting your response, you certify that you are authorized to represent and bind your company. Steve Reneau anewdealinc@yahoo.com Signature Email Submitted at 5/18/2023 09:10:33 AM (CT) Response Attachments AND,Inc. Company Bio 12- 2022.doc Our Company Bio for your review Bid Attributes 1 Installation Note This system will be integrated into a larger irrigation system at a later date. All MP Rotators will be capped or replaced with I-25s when the system is expanded so the piping is sized for the larger system. Also, the 4" MP Rotators will be installed so that they can be easily replaced with I-25 heads in the future. The detail is unusual, but the goal is to be able to unscrew the MP Rotators and screw in I-25s with no change to piping. Further explanation will be provided at the pre-bid conference on May 11th at 1pm via Teams. Time is of the essence. The project must be completed within 45 days of notice to proceed. No response Bid Lines 1 Lump sum cost for irrigation system installation. Quantity:1 UOM:EA Price:$57,500.00 Total:$57,500.00 Response Total: $57,500.00 Vendor: And, Inc 2021 - 0022Page 2 of 2 pages REQUIRED WORKERS’ COMPENSATION COVERAGE The law requires that each person working on this site or providing services related to this construction project must be covered by workers’ compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other services related to the project, regardless of the identity of their employer or status as an employee. Call the Division of Workers’ Compensation at 1-800-252-7031 or access the division’s website at www.tdi.texas.gov/wc/indexwc.html to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer’s failure to provide coverage. Notice 8 (Rev. 12/15) TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS’ COMPENSATION Rule 110.110 EXHIBIT B TO THE EMPLOYER/CONTRACTOR: Pursuant to Workers’ Compensation Rule 110.110 (d)(7), a contractor engaged in a building or construction project for a government entity is required to post a notice on each project site informing all persons providing services on the project that they are required to be covered by workers’ compensation insurance. The notice required by this does not satisfy other posting requirements imposed by the Texas Workers’ Compensation Act or other Workers’ Compensation Rules. This notice must: (1) be posted in English, Spanish and any other language common to the employer’s employee population; (2) be displayed on each project site; (3) state how a person may verify current coverage and report failure to provide coverage; (4) be printed with a title in at least 30-point bold type and text in at least 19-point normal type; and (5) contain the exact words as prescribed in Rule 110.110 (d)(7). The notice on the reverse side meets the above requirements. Failure to post the notice as required by this rule is a violation of the Act and Workers’ Compensation Rules. The violator may be subject to administrative penalties. Notice 8 (Rev. 12/15) TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS’ COMPENSATION Rule 110.110 CITY OF ANNA, TEXAS RESOLUTION NO. _________________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A CONSTRUCTION AGREEMENT FOR THE INSTALLATION OF AN IRRIGATION SYSTEM AT BRYANT PARK, WITH AND, INC . WHEREAS, the City Council of the City of Anna, Texas, (“City Council”) finds that a construction agreement with AND, Inc. is instrumental and necessary to the installation of an irrigation system at Bryant Park; and WHEREAS, the City Council considers park improvements at Bryant Park to be beneficial to the neighbors of Anna, Texas, meeting several goals and objectives set forth in the Strategic Plan adopted by City Council; and WHEREAS, the City Council approves the construction agreement with AND, Inc. to include the following fee: “The total amount for fiscal year 2023: $57,500.” 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 as set forth in full. Section 2. Approval and Authorization of Agreement. The City Council hereby approves the extension attached hereto as Exhibit 1 to enter into a construction agreement with AND, Inc. and ratifies and approves the City Manager’s execution of the same. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize and enforce the construction agreement with AND, Inc. PASSED, APPROVED, AND ADOPTED on first and final reading on this 13th day of June, 2023. ATTEST: APPROVED: _____________________________ ______________________________ City Secretary, Carrie Land Mayor, Nate Pike Item No. 7.k. City Council Agenda Staff Report Meeting Date: 6/13/2023 Staff Contact: Justin Clay AGENDA ITEM: Consider/Discuss/Action on a Resolution authorizing the City Manager to sign a contract with Brinkley & Barfield for the design of a twelve-inch water line that will be constructed on FM 455 from Cowan Road to County Road 290. (CIP Manager Justin Clay) SUMMARY: This item is for consideration to authorize the City Manager to sign an agreement for the design of public water system improvements along FM 455. The City of Anna Water System Master Plan shows a future water main expansion required along FM 455 on the west side of Anna. The existing water main is only 2- inches in diameter, and is in poor condition. This existing main does not provide adequate water flow for firefighting capabilities in the area. In addition, the water main is not in compliance with modern TCEQ requirements. The existing water main has 20 connections, which exceeds the maximum allowable number of connections to a public water main, which is 10, as determined by the Texas Commission on Environmental Quality's rules in the Texas Administrative Code, 30 TAC §290.44(c). No new connections can be made to the water main until it is increased in size. FINANCIAL IMPACT: Funding for the design of this water line is available in the FY2023 Water Department budget in the amount of $250,000. BACKGROUND: The existing water main exceeds the maximum number of connections to a public water main, which is 10, as determined by the Texas Commission on Environmental Quality's rules in the Texas Administrative Code, 30 TAC §290.44(c). No new connections can be made to the water main until it is increased in size. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Resilient. ATTACHMENTS: 1. Resolution Contract for Binkley & Barfield 2. 12-Inch Water Main ON FM 455 3. Attachment A - Scope of Services (Water Rehab Project 2023-001A and 2023- 001B) 2023.05.31 4. Attachment B - Fee Summary (Water Rehab Project 2023-001A and 2023-001B) 2023.05.31 5. Attachment C - Schedule (Water Rehab Project 2023-001A and 2023-001B) 2023.05.31 6. Water Rehabilitation Project Map Project 2023-001A and 2023-001B CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR PROFESSIONAL SERVICES, IN A FORM APPROVED BY THE CITY ATTORNEY WITH Binkley & Barfield, FOR THE ENGINEERING DESIGN RELATED TO THE FM 455 WATER IMPROVEMENT PROJECT, IN A FORM APPROVED BY THE CITY ATTORNEY PER THE PROPOSAL SHOWN IN EXHIBIT “A” ATTACHED HERETO, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Anna is the owner and operator of an undersized water main located in a utility easement: and, WHEREAS, A portion of the water line needs to be moved as part of a TX-DOT project on FM 455; and WHEREAS, the increase in the water main size will help support development on the East side of FM 455. WHEREAS, Binkley & Barfield where selected as part of the multi-discipline RFQ. 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 professional service agreement in an amount not to exceed $362,8000.00 with Binkley & Barfield for the Engineering Design of the water line on FM 455, between County Road 828 (East of State Highway 75) and County Road 1101. That funding for the project shall come from the Utility Department Funds. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this ___ day of April 2023. ATTEST: APPROVED: __________________________ __________________________ City Secretary, Carrie Land Mayor, Nate Pike 12-Inch Water Main ON FM 455 4,600 LF of 12-inch Water Main Page 1 EXHIBIT A SCOPE OF SERVICES WATER REHABILITATION PROJECT 2023-001A & 2023-001B PROJECT LOCATION: The location for Project 2023-001A is along FM 455 from County Road 290 to Cowan Road. (4,600 LF of 12” PVC Water Main) The location for Project 2023-001B is along County Road 289 from County Road 1101 to County Road 290. (5,400 LF of 12” PVC Water Main) The location for the third section of this project is along FM 455 from Cowan Road to County Road 937. (4,300 LF of 12” PVC Water Main) PROJECT DESCRIPTION: This project includes engineering services for the replacement of 14,300 linear feet of existing 2” and 4” waterline with a 12” PVC waterline, fire hydrants with a maximum spacing of 500’, main line valves with a maximum spacing of 1,000’, steel encasement and construction by bore under roadway pavement, construction by open cut, replacement of water services, replacement of meter boxes, and connection to existing water mains. Project 2023-001A and the third section will require coordination with TxDOT for construction within their right-of-way. Both projects will require utility coordination. DESIGN STANDARDS: This project shall be designed in accordance with the following: • City of Anna Design Standards • City of Anna Standard Drawings • 4th Edition of the NCTCOG Standard Specifications for Public Works Construction Dated October 2004 as modified by the City of Anna Special Provisions Page 2 • Texas Commission for Environmental Quality BASIC SERVICES: A. Conceptual Design (30% Complete) 1. Create project schedule. 2. Meet with City of Anna to confirm design criteria, standard details, pertinent utility plans, street plans, plats and right-of-way maps, existing easement information, and other information available for the project area. 3. Review all relevant record drawings. 4. Request maps or markups from utility companies for locations of existing power, telephone, gas, cable or other utilities in the project area to show on the plans. 5. Review topographic survey. 6. Include all existing utilities in topographic survey. 7. Site visit to verify topographic survey. 8. Confirm TxDOT requirements for approval of proposed waterline for Project 2023-001A 9. Confirm TxDOT submittal procedure and include in proposed project schedule. 10. Prepare Conceptual Design Plans (30% Complete) for submittal. Conceptual Design Plans will be prepared at 20 scale (sheet size 22” x 34”). Conceptual Design shall include the following: • Cover Sheet • Waterline Plan & Profile Sheets including: o Topographic survey o Existing right-of-way o Existing Easements o Property Owner information o Existing water, sanitary sewer and storm sewer o Existing franchise utilities o Horizontal location of proposed waterline o Location of proposed fire hydrants o Location of proposed water valves o Connections to existing watermains o Location of proposed easements 11. A profile will be required for all 12” water mains. However, a profile will not be provided for the Conceptual Design Phase. Profiles will be provided at the Preliminary Design Phase. Page 3 12. Plan call labels for proposed fire hydrants and connections to existing water will not be included in the Conceptual Design Phase. Plan calls will be provided at the Preliminary Design Phase. 13. QC will be provided for the Conceptual Design Phase. 14. Prepare Cost Estimate. 15. Submittal shall include a PDF of the Conceptual Design Plans and the Conceptual Cost Estimate. 16. Full size and half size prints of the Conceptual Design plans shall be available and delivered to the City of Anna upon request. B. Preliminary Design (60% Complete) 1. Attend Conceptual Design review meeting with the City of Anna staff to discuss layouts and receive feedback on the proposed waterline alignment. 2. Incorporate all City of Anna review comments into Preliminary Design Plans. 3. Confirm location and quantity of proposed easements needed. 4. Prepare Preliminary Design Plans (60% Complete) for submittal. Preliminary Design shall include the following: • Cover Sheet • General Notes • Project control sheet(s). Scale 1” = 100’. • Waterline Plan & Profile Sheets shall include all items from the Conceptual Design Phase along with the following: o Existing ground line profile o Proposed Waterline profile o Locations of waterline (BYTOC) o Labels for proposed fire hydrants o Labels for proposed connections o Driveway replacement o Fence replacement o Mailbox replacement o Conflicts with other existing utilities o Crossing utilities in profile 5. QC will be provided for the Preliminary Design Phase. 6. Revise Cost Estimate. 7. Submittal shall include a PDF of the Preliminary Design Plans and the Preliminary Cost Estimate. 8. Full size and half size prints of the Preliminary Design plans shall be available and delivered to the City of Anna upon request. 9. Prepare Preliminary Design Plans for Submittal to TxDOT for review and approval. Page 4 10. Assist the City of Anna, as needed, for submittal to and coordination with TxDOT. 11. Prepare Preliminary Design Plans for Submittal to Franchise Utility Companies. 12. Assist the City of Anna, as needed, for submittal to and coordination with Franchise Utilites. 13. Full size and half size prints of the Preliminary Design plans shall be available and delivered to the City of Anna, TxDOT and Franchise utility companies (as needed). C. Pre-Final Design (90% Complete) 1. Attend Preliminary Design review meeting with the City of Anna staff to discuss feedback on proposed waterline plans. 2. Incorporate all City of Anna review comments into Pre-Final Design Plans. 3. Incorporate any comments received from franchise utility companies. 4. Incorporate any comments received from TxDOT. 5. Prepare Pre-Final Design Plans (90% Complete) for submittal. Pre-Final Design shall include all items from the Preliminary Design along with the following: • Quantity Sheet with breakdown of quantities per sheet • Waterline Plan & Profile Sheets: o All existing and proposed water service lines o Proposed valves in waterline profile o Elevations every 100’ for waterline profiles • Erosion Control Plan • Standard Construction Details 6. Review of TCEQ requirements 7. Constructability Review 8. QC will be provided for the Pre-Final Design Phase. 9. Revise Cost Estimate. 10. Submittal shall include a PDF of the Pre-Final Design Plans and the Pre-Final Cost Estimate. 11. Full size and half size prints of the Pre-Final Design plans shall be available and delivered to the City of Anna upon request. D. Final Design (100% Complete) 1. Attend Pre-Final Design review meeting with the City of Anna staff to discuss feedback on proposed waterline plans. 2. Incorporate all City of Anna review comments into Final Design Plans. 3. Finalize construction plans for proposed improvements. 4. Prepare bid schedule. Page 5 5. Prepare bid item descriptions. 6. Prepare technical specifications and special conditions (as needed). 7. Assist in preparation of specification book. 8. Finalize construction quantities. 9. Finalize cost estimate. 10. Submit final design plans to TxDOT for permit approval. 11. Submit final design plans to franchise utility companies. 12. Submit final design plans to City of Anna for final review. 13. Full size and half size prints of the Final Design plans shall be available and delivered to the City of Anna, TxDOT and Franchise utility companies (as needed). 14. Incorporate any comments received from TxDOT. 15. Incorporate any comments received from franchise utility companies. 16. Incorporate all City of Anna review comments from Final Design submittal. 17. Issue signed and sealed construction plans and bid documents. 18. Attend a utility coordination meeting to start relocation process with affected franchise utilities (if required). E. Bid Phase Services 1. Assist the City staff in advertising for bids. 2. Assist City by responding to questions and interpreting bid documents. 3. Prepare and provide the City with addenda to bid documents as necessary. 4. Attend and assist City staff at the City bid opening. 5. Provide bid tabulation to the City within four working days of the bid opening. 6. Evaluate the low and second low bidders. 7. Prepare a letter of recommendation for awarding contract. 8. Provide eight full size and five half size sets of final construction plans and six sets of the contract manual to the City for construction. Conformed drawings will also be provided in electronic format. F. Construction Phase Services 1. Assist City staff in a pre-construction conference. 2. Prepare conformed drawings. 3. Provide construction plans and contract manuals as needed. 4. Review and approve shop drawing submittals. 5. Provide site visits (up to one per month) to monitor construction, answer questions and check on progress. 6. Provide written responses to requests for information or clarifications. 7. Assist the City staff in conducting the final walk through (if requested). Page 6 8. Recommend final acceptance of work when acceptable (if requested). 9. Prepare construction “Record Drawings” based upon mark-ups and information provided by the construction contractor. SPECIAL SERVICES: A. Design Survey 1. Establish a horizontal and vertical control network and project control baseline for the project areas. 2. Establish horizontal and vertical project control monumentation on existing permanent structures. 3. Approximately six control points will be provided with GPS elevations, differential leveling on all points. 4. A control index map will be created for the control points. 5. Tie right-of-way lines and corners, property lines and corners, fence lines, trees 6” in diameter and larger, edges of pavements and all other visible surface features to the project control baseline. 6. Right-of-way to be set based on platted information and best fit to iron pins found in the field. 7. Research current property owners and obtain copies of subdivision plats, ownership deeds, and existing easements within the project area. 8. Abstracting, deed sketching and abstract map. 9. Obtain addresses of adjacent properties utilizing the Collin County Appraisal District. 10. Franchise utilities shall be located by the utility or Texas811, and field markings (e.g. paint, flagging) will be picked up by survey. 11. Existing utility structures shall be shown and referenced by utility name (i.e. Oncor Elec., Verizon Telephone, Atmos Gas, Etc.). 12. Locate and tie pertinent existing pavement 13. Tie in edge of driveways extending a minimum of 15’ from right-of-way, if feasible/accessible. 14. Tie in mailboxes, including all corners of brick mailboxes, and label types. 15. Locate trees within the right-of-way and within 15’ beyond the right-of-way and identify size and type (specific species not required), if feasible/accessible. 16. Vertical topographic information tying pavement, drives, walls, manholes (top and inverts), storm drain inlets (top and inverts), and other improvements as needed within the project areas for the design and include the entire area between ROW lines. Page 7 17. Provide roadway cross sections at a minimum of fifty-foot (50’) interval relative to the project baseline and at all driveways or other critical locations. Cross sections shall extend 10’ outside the street ROW (unless limited by existing fence lines). 18. Topographic survey shall extend from right of way to right of way. 19. Provide tin file with existing surface for design. 20. Provide ACAD file with all of the information as described above. B. Easement Documents 1. Layout for proposed easements to be approved by the City of Anna prior to preparation of metes and bounds description and drawing exhibit. 2. Prepare a metes and bounds description and an 8-1/2” x 11” exhibit for permanent easements as required. 3. Deliver easements to City for review and approval. 4. Incorporate any comments from the City of Anna following their review. 5. Issue signed and sealed easement documents. 6. Easement documents shall only be provided at the request of the City of Anna. 7. If the existing waterline is in an existing easement along FM 455, a new proposed easement will not be required. 8. The maximum number of parcels along the east side of FM 455 is twelve. The total fee for this phase shall assume twelve easements at a per each rate. C. Level B SUE Services (Locates) 1. This service shall be used as needed to locate the existing waterline that will be replaced. 2. Level B Locates shall only be provided at the request of the City of Anna. 3. Quality Level B (Locates) will designate toneable subsurface utilities, using geophysical equipment and mark with paint and/or pin flags along FM 455 and County Road 289 for approximately 14,000 LF. 4. Based on the size of the existing waterline (2” and 4”), the line may not be tonable. If the line is not toneable, Quality Level B will not be able to detect the location of the existing line. 5. If the line is not toneable, Quality Level A (Test holes) may be the only way to locate the existing line. If Test Holes are required for location of existing waterline, the remaining budget for Locates shall be used for Test Holes. D. Level A SUE Services (Test Holes) 1. Test Holes are not expected to be a requirement for this project. Page 8 2. Test Holes shall be provided to help located the existing waterline. 3. Test Holes shall only be provided if Level B Locates cannot find the existing waterline. 4. Test Holes shall only be provided at the request of the City of Anna. 5. Test Holes shall be provided at locations specified by the City of Anna. 6. Test Holes shall include a 12”x12” test hole, record of depth, backfill and compaction of test hole, and restoration of the existing surface to its original condition. 7. An offset construction stake, iron rod with cap, mag nail or “X” cut will be set to mark the location of the test hole. E. Survey for SUE Services 1. Field markings (e.g. paint, flagging) set as part of Quality Level B SUE Services and/or Quality Level A SUE Services shall be up by topographic field survey and incorporated into the design file. 2. This service shall be provided as needed. F. Title Research for Missing Easements 1. This service shall only be provided at the request of the City of Anna. 2. For tracts where it is believed an existing easement exists, but cannot be located, the surveyor will provide title research at the County Courthouse to identify the missing easement. 3. This service shall be provided as needed. Page 9 EXHIBIT B FEE SUMMARY WATER REHABILITATION PROJECT 2023-001A & 2023-001B BASIC SERVICES: A. Conceptual Design (30% Complete) …………………………………………………… $38,400.00 B. Preliminary Design (60% Complete) …………………………………………………… $67,200.00 C. Pre-Final Design (90% Complete) ………………………………………………………. $48,000.00 D. Final Design (100% Complete)…………………………………………………. ………… $38,400.00 E. Bid Phase Services………………………………………………….…………………………… $3,500.00 F. Construction Phase Services………………………………………………….……………. $8,500.00 Sub-Total = $204,000.00 SPECIAL SERVICES: A. Design Survey…………………………………………………………………………………….. $75,100.00 B. Easement Documents (16 max @ $3,700 each) …………………………………. $59,200.00 C. Level B SUE Services (Locates) (6 days @ $3,500/day) ……………………….. $21,000.00 D. Level A SUE Services (Test Holes) (0 @ $1,600/day) …………………………… $0.00 E. Survey for SUE Services………………………………………………………………………. $2,000.00 F. Title Research for Missing Easements (3 max @ $500 each) ………………. $1,500.00 Sub-Total = $158,800.00 Project Total = $362,800.00 Page 9 EXHIBIT C SCHEDULE WATER REHABILITATION PROJECT 2023-001A & 2023-001B Task Name Duration Start Finish Notice To Proceed 1 day Tue 6/20/23 Tue 6/20/23 Design Survey 10 wks Wed 6/21/23 Tue 8/29/23 SUE Services 2 wks Wed 8/30/23 Tue 9/12/23 Conceptual Design (30% Complete) 6 wks Wed 9/13/23 Tue 10/24/23 City Review 3 wks Wed 10/25/23 Tue 11/14/23 Preliminary Design (60% Complete) 10 wks Wed 11/15/23 Tue 1/23/24 City Review 4 wks Wed 1/24/24 Tue 2/20/24 Pre-Final Design (90% Complete) 8 wks Wed 2/21/24 Tue 4/16/24 City Review 4 wks Wed 4/17/24 Tue 5/14/24 Final Design (100% Complete) 5 wks Wed 5/15/24 Tue 6/18/24 City Review 2 wks Wed 6/19/24 Tue 7/2/24 Submit Bid Documents 1 wk Wed 7/3/24 Tue 7/9/24 Water System Rehabilitation Project 2023-001A 4,600 LF 12-inch PVC Water Main Water System Rehabilitation Project 2023-001B 5,400 LF 12-inch PVC Water Main Item No. 7.l. City Council Agenda Staff Report Meeting Date: 6/13/2023 Staff Contact: Justin Clay AGENDA ITEM: Consider/Discuss/Action authorizing the City Manager to execute a contract with BHC for the engineering design of the Highway 5 Utility Relocation Phase Two Project. (CIP Manager Justin Clay) SUMMARY: Last month, TxDOT staff notified the City that the construction funding for widening Staret Highway 5 was going to be moved into their 5-year funding window in their upcoming budget. Based on that information, staff is seeking to begin the design work required to relocate existing utilities along the corridor for the northern (phase 2) section of the project. This project includes the engineering design of relocating and expanding public water and sanitary sewer utilities along the Stare Highway 5 corridor from Hackberry Drive to the northern City Limit. The contract includes the design for the utility relocation of approximately 15,000 LF of water & sewer pipe on the East and West sides of Highway 5. The agreement also includes services for the bidding phase, easement acquisition negotiations (not including purchase price), Tx-Dot reimbursement, deed research, and surveying. FINANCIAL IMPACT: Funding for the State Highway 5 Utility Relocation project was appropriated in the FY2023 Community Investment Program budget in the amount of $1.45 million from the Water Impact Fees Fund and Sewer Impact Fees Fund. The estimated cost of the contract is $934,702. A portion of the City costs will be reimbursed by TxDOT, based on a calculation of the percentage of existing utilities located in City easements outside of the historical TxDOT Right-of-way. This calculation will be completed during the design process. BACKGROUND: TXDOT requires cities to relocate all existing utilities within a road corridor to locations outside of the proposed right-of-way prior to TxDOT construction of the widening of State Highways. The City of Anna has already started working on Phase 1 of this project (Hackberry Drive to the Collin County Outer Loop). Phase 1 design is substantially complete, and the City is in the process of acquiring the necessary easements. This item is for Phase 2, which is from Hackberry Drive to the northern City limit. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Resilient. ATTACHMENTS: 1. Resolution Contract for BHC for Engineering Services for State Highway 5 Utility Relocation 2. SH 5 Utility Relocations -Phase 2.PSA 3. Presentation1 4. SH5 - Utility - Phase 2 - Project Map CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR PROFESSIONAL SERVICES, IN A FORM APPROVED BY THE CITY ATTORNEY WITH BIRKHOFF, HENDRICKS, & CARTER, LLC, FOR THE ENGINEERING DESIGN RELATED TO THE STATE HIGHWAY 5 UTILITY RELOCATION PROJECT, IN A FORM APPROVED BY THE CITY ATTORNEY PER THE PROPOSAL SHOWN IN EXHIBIT “A” ATTACHED HERETO, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the SH 5 Utility Relocation and Improvement Project is shown as a critical Capital Improvement Project in the City of Anna Community Investment Plan: and, WHEREAS, relocation of utilities is required for the future widening of State Highway 5, and; WHEREAS, the proposed utility improvements will improve the water supply and pressure for the City of Anna and the neighbors and businesses along SH 5 in accordance with the City’s master plans for utilities and; WHEREAS, Birkhoff, Hendricks, & Carter, LLC, were selected as part of the multi- discipline RFQ. WHEREAS, the project shall be funded through water and Sanitary Sewer Impact Fees, 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 professional service agreement in an amount not to exceed $934,702.00 with Birkhoff, Hendricks, & Carter for the Engineering Design of the Utility Relocations on SH5 between FM 455 and County Road 1106. That funding for the project shall come from the Water and Sewer Impact Fees. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this ___ day of April 2023. ATTEST: APPROVED: __________________________ __________________________ City Secretary, Carrie Land Mayor, Nate Pike Professional Services Agreement 2023 Page 1 of 13 l:\7015 contdev\anna\2023 sh 5 utility relocations - phase 2\engineering services agreement 2023.docx PROFESSIONAL ENGINEERING SERVICES AGREEMENT THIS AGREEMENT is made and entered into by and between the City of Anna, Texas, hereinafter referred to as "City", and Birkhoff, Hendricks & Carter, L.L.P., hereinafter referred to as "Engineer", to be effective from and after the date as provided herein. The City desires to engage the services of the Engineer to complete engineering design provide bidding and construction administration services and provide surveying services for the State Highway 5 Utility Relocations – Phase 2 hereinafter referred to as the "Project"; and the Engineer desires to render such engineering design services for the City under the terms and conditions provided herein. That for and in consideration of the covenants contained herein, and for the mutual benefits to be obtained hereby, the parties hereto agree as follows: I. Employment of the Engineer The City hereby agrees to retain the Engineer to perform professional engineering services in connection with the Project; Engineer agrees to perform such services in accordance with the terms and condition of this Agreement. II. Scope of Services The parties agree that Engineer shall perform such services as expressly set forth and described in Exhibit “A”, which is attached hereto and thereby made a part of this Agreement. The parties understand and agree that deviations or modifications, in the form of written changes may be authorized from time to time by the City. Engineer shall have no further obligations or responsibilities for the project except as agreed to in writing. Engineer’s services and work product are intended for the sole use and benefit of Client and are not intended to create any third party rights or benefits, or for any use by any other entity or person for any other purpose. Engineer shall perform the professional engineering services with the professional skill and care ordinarily provided by competent engineers practicing in North Central Texas and under the same or similar circumstances and professional license. Professional services shall be performed as expeditiously as is prudent, considering the ordinary professional skill and care of a competent engineer. Professional Services Agreement 2023 Page 2 of 13 l:\7015 contdev\anna\2023 sh 5 utility relocations - phase 2\engineering services agreement 2023.docx III. Schedule of Work The Engineer agrees to commence services immediately upon execution of this Agreement, and to proceed diligently with said service, except for delays beyond the reasonable control of Engineer. IV. Compensation and Method of Payment The parties agree that Engineer shall be compensated for all services provided pursuant to this Agreement in the amount and manner described and set forth in the Payment Schedule attached hereto as Exhibit “B” and thereby made a part of this Agreement. City agrees to pay invoices upon receipt. Statement for services shall include a line for previous payments, contract amount, and amount due current invoice. V. Information To Be Provided By The City The City agrees to furnish, prior to commencement of work, all information requested by Engineer that is available to the City. VI. Insurance Engineer agrees to procure and maintain for the duration of the contract Professional Liability Insurance ($3,000,000), Worker's Compensation, General Liability and Automobile Insurance. VII. Assignment and Subletting The Engineer agrees that neither this Agreement nor the services to be performed hereunder will be assigned or sublet without the prior written consent of the City. The Engineer further agrees that the assignment or subletting of any portion or feature of the work or materials required in the performance of this Agreement shall not relieve the Engineer from its full obligations to the City as provided by this Agreement. VIII. Contract Termination The parties agree that City or the Engineer shall have the right to terminate this Agreement without cause upon thirty (30) days written notice to the other. In the event of such termination without cause, Engineer shall deliver to City all finished or unfinished documents, data, studies, surveys, drawings, maps, models, reports, photographs or other items prepared by Engineer in connection with this Agreement. Engineer Professional Services Agreement 2023 Page 3 of 13 l:\7015 contdev\anna\2023 sh 5 utility relocations - phase 2\engineering services agreement 2023.docx shall be entitled to compensation for any and all services completed in accordance with the provisions of this Agreement prior to termination. IX. Engineer's Opinion of Cost The parties recognize and agree that any and all opinions of cost prepared by Engineer in connection with the Project represent the best judgment of Engineer as a design professional familiar with the construction industry, but that the Engineer does not guarantee that bids solicited or received in connection with the Project will not vary from the opinion by the Engineer. X. Construction On projects that include construction, the Owner recognizes that the Contractor and Subcontractors will be solely in control of the Project site and exclusively responsible for construction means, methods, scheduling, sequencing, jobsite safety, safety programs, and compliance with all construction documents and directions from Owner or Building Officials. Construction contracts are between the Client and the Construction Contractor. Consultant shall not be responsible for construction related damages, losses, costs, or claims; except only to the extent caused by Consultant’s sole negligence. XI. Ownership of Documents Original drawings, specifications and reports are the property of the Engineer; however, the Project is the property of the City. City shall be furnished with such reproductions of drawings, specifications and reports. Upon completion of the services or any earlier termination of this Agreement under Article VIII, Engineer will revise drawings to reflect changes made during construction as reported by the City and contractor, and will furnish the City with one set of construction record drawings in accordance with terms provided in Exhibit “A” – Engineering Services. All deliverables shall be furnished, as an additional service, at any other time requested by the City when such deliverables are available in the Engineer’s record keeping system. XII. Complete Contract This Agreement, including the exhibits hereto numbered “A” through “E” constitutes the entire agreement by and between the parties regarding the subject matter hereof, and supersedes all prior or contemporaneous written or oral understanding. This agreement may only be amended, supplemented, modified or canceled by a duly executed written agreement. Professional Services Agreement 2023 Page 4 of 13 l:\7015 contdev\anna\2023 sh 5 utility relocations - phase 2\engineering services agreement 2023.docx XIII. Mailing of Notices Unless instructed otherwise in writing, Engineer agrees that all notices or communications to City permitted or required under this Agreement shall be addressed to City at the following address: Mr. Ryan Henderson Interim City Manager City of Anna 120 W. 7th Street Anna, Texas 75409 City agrees that all notices or communications to Engineer permitted or required under this Agreement shall be addressed to Engineer at the following address: Mr. Craig M. Kerkhoff, P.E., C.F.M. Birkhoff, Hendricks & Carter, L.L.P. 11910 Greenville Ave., #600 Dallas, Texas 75243 Phone: (214) 361-7900 ckerkhoff@bhcllp.com All notices or communications required to be given in writing by one party or the other shall be considered as having been given to the addressee on the date such notice or communication is posted by the sending party. XIV. Texas Board of Professional Engineers & Land Surveying Contact Information Recipients of professional land surveying services under this agreement may direct complaints regarding such services to the Texas Board of Professional Engineers & Land Surveyors, 1917 South Interstate 35, Austin, Texas 78741, Phone (512) 440-7723. XV. Contract Amendments This Agreement may be amended only by the mutual agreement of the parties expressed in writing. XVI. Effective Date This Agreement shall be effective from and after execution by both parties hereto, with originals in the hand of both parties. Professional Services Agreement 2023 Page 6 of 13 l:\7015 contdev\anna\2023 sh 5 utility relocations - phase 2\engineering services agreement 2023.docx EXHIBIT “A” ENGINEERING SERVICES State Highway 5 Utility Relocations – Phase 2 The project generally consists of the design, bidding and construction administration for the required water and wastewater utility relocations to accommodate the Texas Department of Transportation’s State Highway 5 Paving and Drainage Improvements Project from FM 455 to CR 373. Based on the schematic layout of the State Highway 5 widening and ROW acquisition, we have estimated the water and sanitary sewer relocation (shown on Exhibit D) as follows: A. Relocation of an existing 8-inch water line along the east side of SH 5 from north of the Coyote Den to 4th Street B. Relocation of existing 8-inch water line crossing under SH 5 in steel encasement C. Relocation of existing 12-inch wate line crossing under SH 5 in steel encasement D. Relocation of existing 8-inch water line along the west side of SH 5. Limits are from the Powell ground storage tank to the City’s public works building. The itemized opinion of probable construction costs includes installing the new line as a 16-inch water line, which is in compliance with the City’s adopted masterplan E. Relocation of the existing 15-inch sanitary sewer line along the east side of SH 5. This line will be evaluated to attempt to remain in service. Design services are included to relocate the line, however easement acquisition to remove it from TxDOT is unlikely due to the DART ROW immediately adjacent to the east. F. Relocation of the existing 8-inch water line that serves the residential development on the west side of SH 5, north of Rosamond G. Relocation of existing 3-inch force main from the sweetwater lift station. Itemized opinion of probable construction cost includes over-sized steel encasement for future replacement of the force main H. Relocation of existing 12-inch water line crossing SH 5 I. Relocation of existing 8-inch water line crossing SH 5, to be replaced with a 12-inch water line. J. Relocation of a portion of the City’s 12-inch water supply line from the CGMA line to the west and powell well sites Included in the design task will be the design of a single water, with the size as called for on the City’s adopted masterplan. A water line size other than the masterplan shall be directed by the City prior to the 60% plan submittal. Opinion of Probable Construction Costs are included for each of the projects in Exhibit E. Due to the varying land rights acquisition possibilities with this project, the fees associated with deed research, plat and field notes, permission to survey requests, title research and easement acquisition have been separated. In the occurrence of the full land rights for the project not being required, the associated tasks for those efforts will not be utilized or billed to the City. If land rights direction from the City and access allow, DAS Geospatial may be used to supplement the field survey task. Subsurface utility locates are included as an additional service task. For budgetary purposes, we have included ten (10) utility locates with this project. Effort with regards to communication with entities other than the City or TxDOT will be performed under the Coordination task. Professional Services Agreement 2023 Page 7 of 13 l:\7015 contdev\anna\2023 sh 5 utility relocations - phase 2\engineering services agreement 2023.docx Part I: Design 1. Prepare Plan Sheets at a scale of not less than 1”=20’ for the 8-inch water lines. 2. Prepare Plan-Profile Sheets at a scale of not less than 1”=20’ for the approximate for water lines 12-inches and larger, and sanitary sewer lines 8-inches and larger. 3. Prepare standard construction details. 4. Prepare Coordinate Control Plans with benchmarks 5. Prepare Cover Sheet, Location Map and Sheet Index. 6. Attend two design review meeting with City Staff. 7. Submit sets of 30%, 60% and 90% review plans for City review. All submittals shall be via electronic file format (Adobe Acrobat file format or equal) 8. Prepare Opinion of Probable Construction Estimate at 60% and 90% plan submittals 9. Prepare Bid schedule, specifications and contract documents using NCTCOG Standard Specifications as the base. 10. Submittals to State Regulatory Agencies, as required 11. Prepare Signed and Sealed Construction Plans. 12. Prepare final bid documents including bid proposal forms, construction contract documents, construction plans and technical specifications. Part II: Bidding Phase: 1. The City will publish notices in the newspaper recognized by the City Council as the official newspaper for the City of Anna. BHC will post the plans for bid adverstisement on Civcast. 2. The Engineer will answer online questions in order submitted, in addition the Engineer will prepare addenda to modify the plans and specifications. Questions must be submitted by potential bidders a minimum of 72-hours before the bid opening. All addenda shall be posted a minimum of 24-hours before the bid opening. 3. Assist during opening of bids and provide bid tabulation sheets. 4. Complete cursory review of bid documents to determine that the bid includes all sheets of the Engineer’s office original file set. 5. Obtain experience record and references from the apparent low bidder. Check references of apparent low bidder. Professional Services Agreement 2023 Page 8 of 13 l:\7015 contdev\anna\2023 sh 5 utility relocations - phase 2\engineering services agreement 2023.docx 6. Formulate opinion from information received and provide a letter of recommendation for award of a construction contract. Bid tabulation summary sheets will also be sent to the City. Part III: Construction Phase 1. After award of contract, furnish six (6) sets of 11” x 17” final plans, specifications and contract documents to the City for construction use by the City and Contractor. 2. Attend the Pre-Construction Conference, including preparing an agenda. 3. Attend coordination meetings with contractor, quality control personnel, and City representatives as required to discuss strategy, problem areas, progress, and other coordination matters (9 meetings are included). 4. Review shop drawings and other submittal information which the Contractor submits. This review is for the benefit of the Owner and covers only general conformance with information stated by the Contract Documents. The contractor is to review and stamp their approval on submittals prior to submitting to the Engineer. Review by the Engineer does not relieve the Contractor of any responsibilities, safety measures or the necessity to construct a complete and workable facility in accordance with the Contract Documents. Review of shop drawings will be completed by review of electronic PDF files provided by the Contractor. 5. Provide written responses to requests for information or clarification to City or Contractor. Responses will be in electronic format. 6. Prepare and process routine change orders for this project as they pertain to the original scope of work. Transmittal will be electronically and will include construction plan sheet changes. 7. Make periodic site visits during construction as the project requirements dictate. Minimum of one project site visit per month. 8. Prepare monthly pay request from information obtained from Contractor and/or City Inspector, and prepare pay request along with letter of recommendation for payment. Pay requests will be transmitted electronically. 9. Accompany the City during their final inspection of the project. Prepare City’s punch list and transmit it electronically. 10. Prepare Record drawing utilizing information from the contractor and on-site representative. Record drawings will be transmitted electronically in PDF format. Professional Services Agreement 2023 Page 9 of 13 l:\7015 contdev\anna\2023 sh 5 utility relocations - phase 2\engineering services agreement 2023.docx Part IV: Additional Services 1. Field survey to locate existing facilities and topographic information for proposed facilities. Boundary survey for proposed easement acquisition. 2. Preparation of Plat and Field Note Descriptions for easements required. Thirty-nine (39) easement descriptions are included for the purpose of establishing a budget for this work. 3. Sub-surface utility locates of existing utilities. For budgeting purposes, ten (10) locates are included in the recommended budget. 4. Coordination with parties other than the City of Anna or TxDOT 5. TxDOT Coordination & Utility Reimbursement Agreement 6. Deed research. Thirty-nine (39) properties are included for the purpose of establishing a budget for this work. 7. Permission to Survey utilizing the Land Rights agent to make contact with each property owner. Thirty-nine (39) properties are included for the purpose of establishing a budget for this work. 8. Title Research by Land Rights agent. Thirty-nine (39) properties are included for the purpose of establishing a budget for this work. 9. Easement acquisition by Land Rights agent (does not include cost for easement paid to property owner or appraisal costs). Thirty-nine (39) easements are included for the purpose of establishing a budget for this work. 10. Printing of three (3) sets of final plans and specifications for distribution to the successful contractor. 11. Prepare Record Drawings and submit electronically (PDF) to City. Professional Services Agreement 2023 Page 10 of 13 l:\7015 contdev\anna\2023 sh 5 utility relocations - phase 2\engineering services agreement 2023.docx Part V: Terms and Conditions For Electronic File Transfers Electronic files are transmitted on the terms and conditions below: By opening, accessing, copying or otherwise using the transmitted electronic files, these terms and conditions are accepted by the user. A. The electronic files are compatible with the following software packages operating on a PC using Windows operating systems:  Autocad Civil 3D 2022 , Civil 3D 2017  Innovyse InfoWater Pro 3.0 with ESRI Arc Pro 2.7  Innovyze InfoSewer Pro 7.6 with ESRI Arc Map 10.4  ESRI 10.4  MS Office 365  Bluebeam Revu (PDF) Ver 10 - Ver 2020 B. Birkhoff, Hendricks & Carter, L.L.P. makes no warranty as to the compatibility of these files beyond the specified release of the above stated software. C. Because data stored on electronic media can deteriorate undetected or be modified, Birkhoff, Hendricks & Carter, L.L.P. will not be held liable for completeness or correctness of electronic media. D. The electronic files are instruments of our service. Where there is a conflict between the hard copy drawings and the electronic files, Birkhoff, Hendricks & Carter, L.L.P.’s hard copy file will govern in all cases. E. Electronic files may only be modified in accordance with the Texas Engineering Practice Act for modifying another Engineer’s design. Professional Services Agreement 2023 Page 11 of 13 l:\7015 contdev\anna\2023 sh 5 utility relocations - phase 2\engineering services agreement 2023.docx Part VI: Exclusions The intent of this scope of services is to include only the services specifically listed herein and none others. Services specifically excluded from this scope of services include, but are not necessarily limited to the following: A. Certification that work is in accordance with plans and specifications. B. Consulting services by others not included in Scope of Services. C. Contractor’s means and methods. D. Environmental cleanup. E. Environmental impact statements and assessments. F. Fees for permits. G. Fees for publicly advertising the construction project. H. Fiduciary responsibility to the Client. I. On-site construction safety precautions, programs and responsibility (Contractor’s responsibility). J. Phasing of Contractor’s work. K. Quality control and testing services during construction. L. Revisions and/or change orders as a result of revisions after completion of original design (unless to correct error on plans). M. Services in connection with condemnation hearings. N. Traffic engineering study or reports. O. Trench safety designs. P. Utility relocations or extensions Q. Wetlands determination Professional Services Agreement 2023 Page 12 of 13 l:\7015 contdev\anna\2023 sh 5 utility relocations - phase 2\engineering services agreement 2023.docx EXHIBIT “B” COMPLETION SCHEDULE Notice to Proceed ......................................................................... May 16, 2023 Permission to Survey Requests (PTS) .......................................... May 30, 2023* Begin Field Surveys ..................................................................... June 30, 2023 Complete Field Surveys ............................................................... September 29, 2023 Submit Preliminary Plans to City for Review .............................. November 17, 2023 Receive Review Comments from City ......................................... December 1, 2023 Plat and Field Notes completed .................................................... January 19, 2023 Complete Final Plans ................................................................... March 15, 2023 Advertise Project .......................................................................... pending easement acquisition Construction ................................................................................. 12 Months *All dates following Permission to Survey date listed are based on the assumption that all permission to surveys can be obtained in 30 days. Professional Services Agreement 2023 Page 13 of 13 l:\7015 contdev\anna\2023 sh 5 utility relocations - phase 2\engineering services agreement 2023.docx EXHIBIT “C” PAYMENT SCHEDULE Payment for engineering services described under Parts I, II, and III shall be based on a lump sum amount of $475,043. The following is a summary of the estimated charges for the lump sum elements of the proposed services: Engineering Design ............................................................. $395,711 Bidding Services ..................................................................... $8,076 Construction Administration ................................................. $71,256 Payment for Additional Services described under Part IV shall be on the basis of salary cost times a multiplier of 2.45 for time expended on the task. Field survey crew shall be based on $185.00 per hour, inclusive of all equipment rentals and software licensing; plus mileage charge at the IRS established rate. Expenses shall be at invoice cost times a multiplier of 1.15. We recommend a budget of $459,659 be established for the hourly or as needed services. The following is a summary of the estimated charges for the as-incurred elements of the proposed services: Field and Boundary Survey ................................................... $68,704 Plats and Field Notes (39) ...................................................... $97,500 Sub-surface Utility Locates ................................................... $30,000 Coordination (GTUA, DART, etc.) .......................................... $2,500 TxDOT Coord. & Utility Reimbursement Agrmnt ............... $15,000 Deed Research ......................................................................... $58,500 Permission to Survey .............................................................. $18,330 Title Research.......................................................................... $22,620 Land Rights Agent for Easement Acquisition ...................... $144,105 Printing of plans and specs ...................................................... $1,200 Record Drawings ..................................................................... $1,200 The maximum overall fee of $934,702 established herein shall not be exceeded without written authorization from the City, based on increased scope of services. Itemized invoices for services shall be submitted not more than once per month and will (include) be accompanied by a monthly progress report. Payment shall be due upon receipt of the invoice. BIRKHOFF, HENDRICKS & CARTER, L.L.P.Project No.CONTDEV ANNA PROFESSIONAL ENGINEERS Texas Firm F526 Client:City of Anna Date:27-Apr-23 Project:Pipeline A By:CMK Item No. Description Quantity Unit Price Amount 1 Furnish & Install 8-Inch Water Line by Open Cut 1,600 LF 80.00$ 128,000.00$ 2 Furnish & Install 8-Inch R. S. Gate Valve 3 Ea 4,500.00$ 13,500.00$ 3 Transfer Existing Water Service Connection to New Water Line 6 Ea 1,500.00$ 9,000.00$ 4 Connect to Existing Water Line 3 Ea 2,500.00$ 7,500.00$ 5 Remove and Replace Concrete Pavement 70 SY 150.00$ 10,500.00$ 6 Remove and Replace Gravel Pavement 200 SY 80.00$ 16,000.00$ 7 Furnish Storm Water Pollution Prevention Plan 1 LS 2,500.00$ 2,500.00$ 8 Design Trench Safety Plan 1 LS 2,500.00$ 2,500.00$ 9 Furnish & Install Trench Safety System 1,600 LF 5.00$ 8,000.00$ 10 Furnish, Install, Maintain & Remove Erosion Control Measures 1,600 LF 2.50$ 4,000.00$ 11 Furnish, Install and Maintain Hydromulch Seeding 3,556 SY 2.00$ 7,111.11$ Construction Subtotal:208,611.11$ Contingencies and Miscellaneous Items 15% 31,291.67$ Construction Total:239,902.78$ Land Rights Acquisition 32,000 SF 0.75$ 24,000.00$ Professional Services (Surveying, Engineering, Bidding & Construction Administration: Quality Control and Materials Testing:2.50% 5,997.57$ Estimated Project Total:269,900.35$ USE: 270,000.00$ ENGINEER'S OPINION OF CONSTRUCTION COST L:\7015 ContDev\Anna\2023 SH 5 Utility Relocations - Phase 2\Reference\CONTDEV Anna Estimate & Quantity Sheet.xlsx Page 1 of 1 BIRKHOFF, HENDRICKS & CARTER, L.L.P.Project No.CONTDEV ANNA PROFESSIONAL ENGINEERS Texas Firm F526 Client:City of Anna Date:27-Apr-23 Project:Pipeline B By:CMK Item No. Description Quantity Unit Price Amount 1 Furnish & Install 8-Inch Water Line by Open Cut 40 LF 80.00$ 3,200.00$ 2 Furnish & Install 8-inch Water Line w/ 14-inch Steel Encasement Pipe (1/4" thick) by Other Than Open Cut 140 LF 550.00$ 77,000.00$ 3 Furnish & Install 8-Inch R. S. Gate Valve 2 Ea 4,500.00$ 9,000.00$ 4 Connect to Existing Water Line 2 Ea 2,500.00$ 5,000.00$ 5 Furnish Storm Water Pollution Prevention Plan 1 LS 2,500.00$ 2,500.00$ 8 Furnish, Install, Maintain & Remove Erosion Control Measures 40 LF 2.50$ 100.00$ 9 Furnish, Implement & Maintain Traffic Control Plan 1 LS 5,000.00$ 5,000.00$ Construction Subtotal:101,800.00$ Contingencies and Miscellaneous Items 15% 15,270.00$ Construction Total:117,070.00$ Land Rights Acquisition 0 SF 0.75$ -$ Professional Services (Surveying, Engineering, Bidding & Construction Administration: Quality Control and Materials Testing:2.50% 2,926.75$ Estimated Project Total:119,996.75$ USE: 120,000.00$ ENGINEER'S OPINION OF CONSTRUCTION COST L:\7015 ContDev\Anna\2023 SH 5 Utility Relocations - Phase 2\Reference\CONTDEV Anna Estimate & Quantity Sheet.xlsx Page 1 of 1 BIRKHOFF, HENDRICKS & CARTER, L.L.P.Project No.CONTDEV ANNA PROFESSIONAL ENGINEERS Texas Firm F526 Client:City of Anna Date:27-Apr-23 Project:Pipeline C By:CMK Item No. Description Quantity Unit Price Amount 1 Furnish & Install 12-Inch Water Line by Open Cut 40 LF 100.00$ 4,000.00$ 2 Furnish & Install 12-inch Water Line w/ 20-inch Steel Encasement Pipe (1/4" thick) by Other Than Open Cut 140 LF 800.00$ 112,000.00$ 3 Furnish & Install 12-Inch R. S. Gate Valve 2 Ea 6,500.00$ 13,000.00$ 4 Relocate Fire Hydrant Assembly 2 Ea 5,000.00$ 10,000.00$ 4 Connect to Existing Water Line 2 Ea 2,500.00$ 5,000.00$ 5 Furnish Storm Water Pollution Prevention Plan 1 LS 2,500.00$ 2,500.00$ 6 Design Trench Safety Plan 1 LS 2,500.00$ 2,500.00$ 7 Furnish & Install Trench Safety System 40 LF 5.00$ 200.00$ 8 Furnish, Install, Maintain & Remove Erosion Control Measures 40 LF 2.50$ 100.00$ 9 Furnish, Implement & Maintain Traffic Control Plan 1 LS 5,000.00$ 5,000.00$ Construction Subtotal:154,300.00$ Contingencies and Miscellaneous Items 15% 23,145.00$ Construction Total:177,445.00$ Land Rights Acquisition 0 SF 0.75$ -$ Professional Services (Surveying, Engineering, Bidding & Construction Administration:\ Quality Control and Materials Testing:2.50% 4,436.13$ Estimated Project Total:181,881.13$ USE: 182,000.00$ ENGINEER'S OPINION OF CONSTRUCTION COST L:\7015 ContDev\Anna\2023 SH 5 Utility Relocations - Phase 2\Reference\CONTDEV Anna Estimate & Quantity Sheet.xlsx Page 1 of 1 BIRKHOFF, HENDRICKS & CARTER, L.L.P.Project No.CONTDEV ANNA PROFESSIONAL ENGINEERS Texas Firm F526 Client:City of Anna Date:27-Apr-23 Project:Pipeline E By:CMK Item No. Description Quantity Unit Price Amount 1 Furnish & Install 15-inch Sanitary Sewer Line w/ Class "H" Embedment by Open Cut 4,100 LF 130.00$ 533,000.00$ 2 Furnish & Install 15-inch Sanitary Sewer Line w/ 24-inch Steel Encasement by Other Than Open Cut 140 LF 800.00$ 112,000.00$ 3 Furnish & Install 10-inch Sanitary Sewer Line w/ 18-inch Steel Encasement by Other Than Open Cut 140 LF 725.00$ 101,500.00$ 4 5-foot manhole w/ Epoxy Lining System 10 Ea 15,000.00$ 150,000.00$ 5 Remove and Replace Concrete Pavement 107 SY 150.00$ 16,000.00$ 6 Furnish Storm Water Pollution Prevention Plan 1 L.S. 2,500.00$ 2,500.00$ 7 Design Trench Safety Plan 1 L.S. 2,500.00$ 2,500.00$ 8 Implement Trench Safety Systems 4,100 L.F. 5.00$ 20,500.00$ 9 Furnish, Install, Maintain & Remove Erosion Control Measures 4,100 L.F. 2.50$ 10,250.00$ 10 Furnish, Implement & Maintain Traffic Control Plan 1 L.S. 2,500.00$ 2,500.00$ 11 Furnish, Install and Maintain Hydromulch Seeding 9,111 SY 2.00$ 18,222.22$ Subtotal:968,972.22$ Contingencies and Miscellaneous Items 15% 145,345.83$ Construction total:1,114,318.05$ Land Rights Acquisition 84,800 SF 0.75$ 63,600.00$ Professional Services (Surveying, Engineering, Bidding & Construction Administration: Quality Control and Materials Testing:2.50% 27,857.95$ Estimated Project Total:1,205,776.00$ USE: 1,206,000.00$ ENGINEER'S OPINION OF CONSTRUCTION COST L:\7015 ContDev\Anna\2023 SH 5 Utility Relocations - Phase 2\Reference\CONTDEV Anna Estimate & Quantity Sheet.xlsx Page 1 of 2 BIRKHOFF, HENDRICKS & CARTER, L.L.P.Project No.CONTDEV ANNA PROFESSIONAL ENGINEERS Texas Firm F526 Client:City of Anna Date:27-Apr-23 Project:Pipeline E By:CMK Item No. Description Quantity Unit Price Amount 1 Furnish & Install 15-inch Sanitary Sewer Line w/ Class "H" Embedment by Open Cut 4,100 LF 130.00$ 533,000.00$ 2 Furnish & Install 15-inch Sanitary Sewer Line w/ 24-inch Steel Encasement by Other Than Open Cut 140 LF 800.00$ 112,000.00$ 3 Furnish & Install 10-inch Sanitary Sewer Line w/ 18-inch Steel Encasement by Other Than Open Cut 140 LF 725.00$ 101,500.00$ 4 5-foot manhole w/ Epoxy Lining System 10 Ea 15,000.00$ 150,000.00$ 8 Remove and Replace Concrete Pavement 107 SY 150.00$ 16,000.00$ 10 Furnish Storm Water Pollution Prevention Plan 1 L.S. 2,500.00$ 2,500.00$ 11 Design Trench Safety Plan 1 L.S. 2,500.00$ 2,500.00$ 12 Implement Trench Safety Systems 4,100 L.F. 5.00$ 20,500.00$ 13 Furnish, Install, Maintain & Remove Erosion Control Measures 4,100 L.F. 2.50$ 10,250.00$ 14 Furnish, Implement & Maintain Traffic Control Plan 1 L.S. 2,500.00$ 2,500.00$ 13 Furnish, Install and Maintain Hydromulch Seeding 9,111 SY 2.00$ 18,222.22$ Subtotal:968,972.22$ Contingencies and Miscellaneous Items 15% 145,345.83$ Construction total:1,114,318.05$ Land Rights Acquisition 84,800 SF 0.75$ 63,600.00$ Professional Services (Surveying, Engineering, Bidding & Construction Administration: Quality Control and Materials Testing:2.50% 27,857.95$ Estimated Project Total:1,205,776.00$ USE: 1,206,000.00$ ENGINEER'S OPINION OF CONSTRUCTION COST L:\7015 ContDev\Anna\2023 SH 5 Utility Relocations - Phase 2\Reference\CONTDEV Anna Estimate & Quantity Sheet.xlsx Page 1 of 2 BIRKHOFF, HENDRICKS & CARTER, L.L.P.Project No.CONTDEV ANNA PROFESSIONAL ENGINEERS Texas Firm F526 Client:City of Anna Date:27-Apr-23 Project:Pipeline F By:CMK Item No. Description Quantity Unit Price Amount 1 Furnish & Install 8-inch Sanitary Sewer Line w/ Class "H" Embedment by Open Cut 3,402 LF 80.00$ 272,160.00$ 2 Furnish & Install 8-inch Sanitary Sewer Line w/ 16-inch Steel Encasement by Other Than Open Cut 100 LF 400.00$ 40,000.00$ 3 4-foot manhole w/ Epoxy Lining System 6 Ea 12,500.00$ 75,000.00$ 4 Remove and Replace Concrete Pavement 107 SY 150.00$ 16,000.00$ 5 Furnish Storm Water Pollution Prevention Plan 1 L.S. 2,500.00$ 2,500.00$ 6 Design Trench Safety Plan 1 L.S. 2,500.00$ 2,500.00$ 7 Implement Trench Safety Systems 3,402 L.F. 5.00$ 17,010.00$ 8 Furnish, Install, Maintain & Remove Erosion Control Measures 3,402 L.F. 2.50$ 8,505.00$ 9 Furnish, Implement & Maintain Traffic Control Plan 1 L.S. 2,500.00$ 2,500.00$ 10 Furnish, Install and Maintain Hydromulch Seeding 7,560 SY 2.00$ 15,120.00$ Subtotal:451,295.00$ Contingencies and Miscellaneous Items 15% 67,694.25$ Construction total:518,989.25$ Land Rights Acquisition 68,040 SF 0.75$ 51,030.00$ Professional Services (Surveying, Engineering, Bidding & Construction Administration: Quality Control and Materials Testing:2.50% 12,974.73$ Estimated Project Total:582,993.98$ USE: 583,000.00$ ENGINEER'S OPINION OF CONSTRUCTION COST L:\7015 ContDev\Anna\2023 SH 5 Utility Relocations - Phase 2\Reference\CONTDEV Anna Estimate & Quantity Sheet.xlsx Page 1 of 2 BIRKHOFF, HENDRICKS & CARTER, L.L.P.Project No.CONTDEV ANNA PROFESSIONAL ENGINEERS Texas Firm F526 Client:City of Anna Date:27-Apr-23 Project:Pipeline G By:CMK Item No. Description Quantity Unit Price Amount 1 Furnish & Install 3-inch HDPE Force Main w/ 12-inch Steel Encasement by Other Than Open Cut 140 LF 400.00$ 56,000.00$ 2 Connect to Exist Manhole 1 Ea 2,500.00$ 2,500.00$ 3 Connect to Exist Force Main 1 Ea 2,500.00$ 2,500.00$ 4 Furnish Storm Water Pollution Prevention Plan 1 L.S. 2,500.00$ 2,500.00$ 5 By-Pass Pumping 1 L.S. 20,000.00$ 20,000.00$ 6 Furnish, Implement & Maintain Traffic Control Plan 1 L.S. 2,500.00$ 2,500.00$ Subtotal:86,000.00$ Contingencies and Miscellaneous Items 15% 12,900.00$ Construction total:98,900.00$ Land Rights Acquisition 1,250 SF 0.75$ 937.50$ Professional Services (Surveying, Engineering, Bidding & Construction Administration: Quality Control and Materials Testing:2.50% 2,472.50$ Estimated Project Total:102,310.00$ USE: 103,000.00$ ENGINEER'S OPINION OF CONSTRUCTION COST L:\7015 ContDev\Anna\2023 SH 5 Utility Relocations - Phase 2\Reference\CONTDEV Anna Estimate & Quantity Sheet.xlsx Page 1 of 2 BIRKHOFF, HENDRICKS & CARTER, L.L.P.Project No.CONTDEV ANNA PROFESSIONAL ENGINEERS Texas Firm F526 Client:City of Anna Date:27-Apr-23 Project:Pipeline H By:CMK Item No. Description Quantity Unit Price Amount 1 Furnish & Install 12-Inch Water Line by Open Cut 40 LF 100.00$ 4,000.00$ 2 Furnish & Install 12-inch Water Line w/ 20-inch Steel Encasement Pipe (1/4" thick) by Other Than Open Cut 140 LF 800.00$ 112,000.00$ 3 Furnish & Install 12-Inch R. S. Gate Valve 2 Ea 6,500.00$ 13,000.00$ 4 Connect to Existing Water Line 2 Ea 2,500.00$ 5,000.00$ 5 Furnish Storm Water Pollution Prevention Plan 1 LS 2,500.00$ 2,500.00$ 8 Furnish, Install, Maintain & Remove Erosion Control Measures 40 LF 2.50$ 100.00$ 9 Furnish, Implement & Maintain Traffic Control Plan 1 LS 2,500.00$ 2,500.00$ Construction Subtotal:139,100.00$ Contingencies and Miscellaneous Items 15% 20,865.00$ Construction Total:159,965.00$ Land Rights Acquisition 0 SF 0.75$ -$ Professional Services (Surveying, Engineering, Bidding & Construction Administration: Quality Control and Materials Testing:2.50% 3,999.13$ Estimated Project Total:163,964.13$ USE: 164,000.00$ ENGINEER'S OPINION OF CONSTRUCTION COST L:\7015 ContDev\Anna\2023 SH 5 Utility Relocations - Phase 2\Reference\CONTDEV Anna Estimate & Quantity Sheet.xlsx Page 1 of 1 BIRKHOFF, HENDRICKS & CARTER, L.L.P.Project No.CONTDEV ANNA PROFESSIONAL ENGINEERS Texas Firm F526 Client:City of Anna Date:27-Apr-23 Project:Pipeline I By:CMK Item No. Description Quantity Unit Price Amount 1 Furnish & Install 12-Inch Water Line by Open Cut 40 LF 100.00$ 4,000.00$ 2 Furnish & Install 12-inch Water Line w/ 20-inch Steel Encasement Pipe (1/4" thick) by Other Than Open Cut 140 LF 800.00$ 112,000.00$ 3 Furnish & Install 12-Inch R. S. Gate Valve 2 Ea 6,500.00$ 13,000.00$ 4 Connect to Existing Water Line 2 Ea 2,500.00$ 5,000.00$ 5 Furnish Storm Water Pollution Prevention Plan 1 LS 2,500.00$ 2,500.00$ 6 Furnish, Install, Maintain & Remove Erosion Control Measures 40 LF 2.50$ 100.00$ 7 Furnish, Implement & Maintain Traffic Control Plan 1 LS 2,500.00$ 2,500.00$ Construction Subtotal:139,100.00$ Contingencies and Miscellaneous Items 15% 20,865.00$ Construction Total:159,965.00$ Land Rights Acquisition 0 SF 0.75$ -$ Professional Services (Surveying, Engineering, Bidding & Construction Administration: Quality Control and Materials Testing:2.50% 3,999.13$ Estimated Project Total:163,964.13$ USE: 164,000.00$ ENGINEER'S OPINION OF CONSTRUCTION COST L:\7015 ContDev\Anna\2023 SH 5 Utility Relocations - Phase 2\Reference\CONTDEV Anna Estimate & Quantity Sheet.xlsx Page 1 of 1 BIRKHOFF, HENDRICKS & CARTER, L.L.P.Project No.CONTDEV ANNA PROFESSIONAL ENGINEERS Texas Firm F526 Client:City of Anna Date:27-Apr-23 Project:Pipeline J Does not include relocation of the vault By:CMK Item No. Description Quantity Unit Price Amount 1 Furnish & Install 12-Inch Water Line by Open Cut 100 LF 100.00$ 10,000.00$ 3 Furnish & Install 12-Inch R. S. Gate Valve 2 Ea 6,500.00$ 13,000.00$ 4 Connect to Existing Water Line 2 Ea 2,500.00$ 5,000.00$ 5 Furnish Storm Water Pollution Prevention Plan 1 LS 2,500.00$ 2,500.00$ 6 Furnish, Install, Maintain & Remove Erosion Control Measures 100 LF 2.50$ 250.00$ 7 For Seeding / Hydromulch 222 SY 2.00$ 444.44$ Construction Subtotal:31,194.44$ Contingencies and Miscellaneous Items 15% 4,679.17$ Construction Total:35,873.61$ Land Rights Acquisition 2,000 SF 0.75$ 1,500.00$ Professional Services (Surveying, Engineering, Bidding & Construction Administration: Quality Control and Materials Testing:2.50% 896.84$ Estimated Project Total:38,270.45$ USE: 39,000.00$ ENGINEER'S OPINION OF CONSTRUCTION COST L:\7015 ContDev\Anna\2023 SH 5 Utility Relocations - Phase 2\Reference\CONTDEV Anna Estimate & Quantity Sheet.xlsx Page 1 of 1 State Highway 5 Utility Relocation Phase 2 State Highway 5 Utility RelocationProjectMapPhase 1(Design complete, project is in the easement acquisition phase)Phase 2(This agenda item) Item No. 7.m. City Council Agenda Staff Report Meeting Date: 6/13/2023 Staff Contact: Terri Doby AGENDA ITEM: Consider/Discuss/Action on adding local option property tax exemptions for FY2024. (Budget Manager Terri Doby) SUMMARY: All real and tangible personal property located in the state is taxable unless an exemption is required or permitted by the Texas Constitution. Local taxing units can offer a variety of partial or total exemptions from property appraised values. Local option exemptions are one way for cities to lower the property tax bill of their residents. Tonight staff is asking for the City Council to set local option property tax exemptions for FY2024. Tax Structure Comparison: FY2023 Proposed FY2024 Homestead Exemption 1%, $5,000 min 3%, $5,000 min Over Age 65 Exemption $30,000 $30,000 Disabled Person Exemption - $30,000 Property Tax Rate 0.539750 0.533000 Potential Revenue Change: FY2023 Proposed FY2024 Homestead Exemption $103,644 $286,314 Over Age 65 Exemption $117,558 $201,759 Disabled Person Exemption - $29,794 FINANCIAL IMPACT: The property tax exemptions offered by the City of Anna will lower the amount of property tax revenues collected. The choice of what exemptions to offer will determine the impact on revenues. BACKGROUND: Prior to FY2023, the City of Anna offered a $30,000 exemption in the Over 65 category. In June of 2022, a 1% ($5,000 minimum) General Homestead Exemption was added. In a workshop at the April 25th City Council meeting, Council was presented the choices that the City of Anna has regarding the structure of local property taxes. At that time, City Council was told that an item to establish those exemptions would be presented at a future meeting. The Texas Property Tax Code requires that all decisions regarding exemptions for the upcoming year be adopted by the taxing unit by July 1st. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Excellent. ATTACHMENTS: 1. Tax Exemption Ordinance 2. Property Tax Exemption presentation June 13 City of Anna, Texas Ordinance No. ___________________ Page 1 of 3 CITY OF ANNA, TEXAS ORDINANCE NO. __________ AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING ARTICLE 2.03 OF THE ANNA CITY CODE OF ORDINANCES TO ADOPT A PARTIAL EXEMPTION FROM AD VALOREM TAXES FOR RESIDENTIAL HOMESTEADS; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Anna, Texas is a duly formed home-rule municipality; and WHEREAS, Texas Tax Code § 11.13(n) allows a municipality to adopt an exemption for residential homesteads that is in addition to the residential homestead exemption set forth in other subsections of said statute; and WHEREAS, under the City of Anna Home Rule Charter § 7.19(b), the City has the power to grant tax exemptions in accordance with the laws of the State of Texas; and WHEREAS, this exemption shall apply in all subsequent tax years unless and until the City repeals the exemption; and WHEREAS, the City Council of the City of Anna, Texas finds that the exemption adopted under this ordinance is in the best interest of the citizens of the City of Anna, Texas; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The above-referenced recitals are incorporated herein as the findings of the City Council as if set forth in full. City of Anna, Texas Ordinance No. ___________________ Page 2 of 3 Section 2. Code amended; exemption adopted. 2.01 The Anna City Code of Ordinances is hereby amended to add a new Section 2.03.032 to read as follows: Article 3.02 TAXATION [ . . . ] Division 2. Property Tax [ . . . ] Sec. 2.03.032 Residential Homestead Exemption (a) Homestead exemption granted. Upon compliance with all requirements of this section and all other applicable laws and resolutions, 3% of the assessed value of residence homestead of an individual shall be exempt from ad valorem taxes levied by the city. If the percentage set herein produces an exemption in a tax year of less than five thousand dollars ($5,000) when applied to a particular residence homestead, the individual is entitled to an exemption of five thousand dollars ($5,000) of appraised value. (b) Effective date; duration. The exemption granted by this section shall be effective as to such residence homesteads as may qualify hereunder commencing with the 2023 tax year. The exemption shall remain in effect from year to year unless and until it is repealed by ordinance adopted by the City Council. (c) Limitations of exemption. The exemption authorized hereby shall extend only to a residential homestead as same may be defined by the laws of the state. Such exemptions shall be allowed only if the property in question is in fact a residential homestead of the individual during the tax year and the individual has otherwise complied with all applicable laws and regulations. Sec. 2.03.033 Age 65 or Older or Disabled Residential Homestead Exemption (a) Age 65 or Older or Disabled Homestead exemption granted. Upon compliance with all requirements of this section and all other applicable laws and resolutions, thirty thousand dollars ($30,000) of the assessed value of residence homestead of persons age 65 or older or disabled shall be exempt City of Anna, Texas Ordinance No. ___________________ Page 3 of 3 from ad valorem taxes levied by the city. (c) Effective date; duration. The exemption granted by this section shall be effective as to such residence homesteads as may qualify hereunder commencing with the 2023 tax year. The exemption shall remain in effect from year to year unless and until it is repealed by ordinance adopted by the City Council. (d) Limitations of exemption. The exemption authorized hereby shall extend only to a residential homestead as same may be defined by the laws of the state. “Disabled” has the same meaning as set forth in the Texas Tax Code Section 11.13(d), as it currently exists or may be amended. Such exemptions shall be allowed only if the property in question is in fact a residential homestead of the individual during the tax year and the individual has otherwise complied with all applicable laws and regulations. Section 3. Savings, Severability and Repealing Clauses. All ordinances of the City in conflict with the provisions of this ordinance are repealed to the extent of that conflict. If any provision of this ordinance shall be held to be invalid or unconstitutional, the remainder of such ordinance shall continue in full force and effect the same as if such invalid or unconstitutional provision had never been a part hereof. The City declares that it would have passed this ordinance, and each section, subsection, clause, or phrase thereof irrespective of the fact that any one or more section, subsection, sentence, clause, and phrase be declared unconstitutional or invalid. Section 4. Publication of the Caption Hereof and Effective Date. This ordinance shall be in full force and effective from and after its passage and upon the posting and/or publication, if required by law, of its caption and the City Secretary is hereby directed to implement such posting and/or publication. PASSED, ADOPTED AND APPROVED by the City Council of the City of Anna, Texas, this 13th day of June 2023. ATTESTED: _________________________ City Secretary, Carrie L. Land APPROVED: _________________________ Mayor, Nate Pike 6/8/2023 1 Property Tax Exemptions Taxable Assessed Value 10‐year History $0.51 $0.61 $0.73 $0.89 $1.12 $1.30 $1.47 $1.77 $2.44 $3.06 - 0.5 1.0 1.5 2.0 2.5 3.0 3.5 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 ProjBillions1 2 6/8/2023 2 Property Tax Exemptions •All real and tangible personal property located in the state is taxable unless an exemption is required or permitted by the Texas Constitution. •Local taxing units can offer a variety of partial or total exemptions from property appraised values. •Local option exemptions are one way for cities to lower the property tax bill of their residents. Property Tax Exemption Types •Residence Homestead (Tax Code Section 11.13) •Cities have option of offering up to 20% but not less that $5,000 •Owner must have ownership interest in property and occupy as principal residence •Age 65 or Older or Disabled •Cities have option of offering in an amount not less that $3,000 •Disabled person must meet definition of disabled under Federal Old-Age, Survivors and Disability Insurance Act (Social Security) •Eligible disabled person age 65 or older may receive either Age 65 or Disabled but not both 3 4 6/8/2023 3 Tax Structure Comparison FY2023 Proposed FY2024 Homestead Exemption 1%, $5,000 min 3%, $5,000 min Over Age 65 Exemption $30,000 $30,000 Disabled Person Exemption - $30,000 Property Tax Rate 0.539750 0.533000 Potential Revenue Change FY2023 Projected FY2024 Homestead Exemption $103,644 $286,314 Over Age 65 Exemption $117,558 $201,759 Disabled Person Exemption - $29,794 5 6 6/8/2023 4 Some Points to Consider •From FY2022 to FY2023, Average Home Values increased 30.7%; 1% General Homestead Exemption was added •In FY2024, Average Home Values are projected to increase 17.1%; 3% General Homestead Exemption can provide additional relief with no impact to City operations •General Homestead Exemption can be increased in future years as sales tax base of the community grows •General Homestead Exemption is for homeowners who occupy the home as a primary residence; it does not incentivize rental homeowners July 1 Adoption Deadline •Section 11.13 (n). Residence Homestead •In addition to any other exemptions provided by this section, an individual is entitled to an exemption from taxation by a taxing unit of a percentage of the appraised value of his residence homestead if the exemption is adopted by the governing body of the taxing unit before July 1 in the manner provided by law for official action by the body. 7 8 6/8/2023 5 Questions? 9 Item No. 7.n. City Council Agenda Staff Report Meeting Date: 6/13/2023 Staff Contact: Carrie Land AGENDA ITEM: Consider/Discuss/Action on an appointment to fill a vacancy on the Parks Advisory Board. (Interview Committee) SUMMARY: A newly appointed member will be moving out of Anna and declined his appointment to the Parks Advisory Board. A replacement will be recommended by the Interview Committee. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: City Council appointed new board members on May 16, 2023. STRATEGIC CONNECTIONS: This item has no strategic connection. ATTACHMENTS: