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HomeMy WebLinkAboutCCpkt2023-11-14AGENDA City Council Meeting Tuesday, November 14, 2023 at 6:00 PM Anna Municipal Complex - Council Chambers 120 W. 7th Street, Anna, Texas 75409 The City Council of the City of Anna will meet on November 14, 2023 at 6:00 PM in the Anna Municipal Complex-Council Chambers, located at 120 W. 7th Street, to consider the following items. Welcome to the City Council meeting. If you wish to speak on an Open Session agenda item, please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting starts. 1.Call to Order, Roll Call, and Establishment of Quorum. 2.Invocation and Pledge of Allegiance. 3.Neighbor Comments. At this time, any person may address the City Council regarding an item on this meeting Agenda that is not scheduled for public hearing. Also, at this time, any person may address the City Council regarding an item that is not on this meeting Agenda. Each person will be allowed up to three (3) minutes to speak. No discussion or action may be taken at this meeting on items not listed on this Agenda, other than to make statements of specific information in response to a citizen’s inquiry or to recite existing policy in response to the inquiry. 4.Reports. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the Agenda. a.Fall 2023 Neighbor Academy Recognition. (Assistant to the City Manager Kimberly Winarski) b.Diversity and Inclusion Advisory Comission October Meeting Action for Advisement. (Assistant City Manager Taylor Lough) 5.Consent Items. These items consist of non-controversial or "housekeeping" items required by law. Items may be considered individually by any Council Member making such request prior to a motion and vote on the Consent Items. a.Approve City Council Meeting Minutes for October 24, 2023. (City Secretary Carrie Land) b.Review Minutes of the October 2, 2023 Planning & Zoning Commission Meeting. (Director of Development Services Ross Altobelli) c.Review Minutes of the October 5, 2023, Joint Community Development Corporation and Economic Development Corporation Board Meeting. (Director of Economic Development Joey Grisham) d.Review Minutes from the August 28, 2023 and September 25, 2023 Diversity and Inclusion Advisory Commission Meetings (Assistant to the City Manager Kimberly Winarski). e.Approve the Quarterly Investment Report for the Period Ending September 30, 2023. (Interim Finance Director Aimee Rae Ferguson) f.Approve an Ordinance approving the Tax Year 2023 Tax Roll. (Budget Manager Terri Doby) g.Approve a Resolution Authorizing the Purchase of Excavation Equipment for the Stormwater Division of Public Works. (Director of Public Works Steven Smith) h.Approve a Resolution Authorizing Purchase of Protective Enclosures for Water Treatment Equipment. (Director of Public Works Steven Smith) i.Approve a Resolution approving the GCEC Agreement for Fire Station #2 Dark Fiber. (Interim IT Manager Chris Talbot) j.Approve a Resolution approving the MagneGrip System for Fire Station #2 (Fire Chief Ray Isom) k.Approve an Ordinance of the City of Anna Texas altering the prima facie speed limits established for vehicles under the provisions of Transportation Code Section 545.356 upon State Highway 121 within the corporate limits of the City of Anna, Texas, as set out in this Ordinance; and providing a penalty of a fine not to exceed $200.00 for the violation of this Ordinance. (Assistant City Manager Greg Peters, P.E.) 6.Items For Individual Consideration. a.Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance adopting the 2021 Edition of the International Building Code (IBC), 2021 Edition of the International Residential Code (IRC), 2021 International Plumbing Code(IPC), 2021 International Mechanical Code (IMC), 2021 International Fuel Gas Code (IFGC), 2021 International Energy Conservation Code (IECC), 2021 International Existing Building Code (IEBC), 2021 International Swimming Pool and Spa Code (ISPSC), and 2020 National Electrical Code (NEC); and adopting the North Central Texas Council of Governments recommended amendments to each adopted code; and amended certain related provisions in The Anna City Code of Ordinances. (Assistant Director/Building Official Nader Jeri) b.Consider/Discuss/Action on a Resolution regarding the Cedar Ridge Estates, Phase 2, Preliminary Plat. (Planning Manager Lauren Mecke) c.Consider/Discuss/Action on a Resolution authorizing the City Manager to execute purchase orders with Garney Companies, Incorporated, related to the procurement of wastewater treatment equipment for the Hurricane Creek Wastewater Treatment Plant. (Assistant City Manager Greg Peters, P.E.) d.Consider/Discuss/Action on a Resolution voting for a candidate or candidates for the Board of Directors for election of Collin Central Appraisal District. (City Manager Ryan Henderson) e.Consider/Discuss/Action on nominations to appoint a new member to the Diversity and Inclusion Advisory Commission. (Interview Committee) 7.Closed Session (Exceptions). Under Tex. Gov't Code Chapter 551, the City Council may enter into Closed Session to discuss any items listed or referenced on this Agenda under the following exceptions: a.Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov’t Code §551.071). State law compliance and related issues. Proposed health and safety, development and jurisdictional ordinances, procedures, and related matters. b.Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov’t Code §551.072). c.Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov’t Code §551.087). d.Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074). Boards and Commissions The Council further reserves the right to enter into Executive Session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 8.Consider/Discuss/Action on any items listed on any agenda - work session, regular meeting, or closed session - that is duly posted by the City of Anna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. 9.Adjourn. This is to certify that I, Carrie L. Land, City Secretary, posted this Agenda on the City’s website (www.annatexas.gov) and at the Anna Municipal Complex bulletin board at or before 5:00 p.m. on 11/9/2023. Carrie L. Land, City Secretary Item No. 4.a. City Council Agenda Staff Report Meeting Date: 11/14/2023 Staff Contact: Kimberly Winarski AGENDA ITEM: Fall 2023 Neighbor Academy Recognition. (Assistant to the City Manager Kimberly Winarski) SUMMARY: This item is to recognize the completion of the fourth cohort of Neighbor Academy. This is the largest group of graduates so far. Classes began on August 31 and wrapped up November 2. FINANCIAL IMPACT: Funding for Neighbor Academy was appropriated in the FY2023 City Manager's Office budget in the amount of $3,000. BACKGROUND: Anna's Neighbor Academy is a program designed for neighbors to learn more about the City of Anna 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 will also be empowered to take action by planning and completing a community service project at the end of the program. The vision is for Neighbor Academy to be a cornerstone of citizen engagement and a springboard for many of our future leaders. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Neighborly. ATTACHMENTS: Item No. 4.b. City Council Agenda Staff Report Meeting Date: 11/14/2023 Staff Contact: Taylor Lough AGENDA ITEM: Diversity and Inclusion Advisory Commission October Meeting Action for Advisement. (Assistant City Manager Taylor Lough) SUMMARY: The Diversity and Inclusion Advisory Commission would like to invite the City Council to attend and participate in their Monday, November 27th meeting at 6:00 p.m. in the Council Chambers. The meeting will be posted jointly with the City Council and the Diversity and Inclusion Advisory Commission. At their October meeting members of the Diversity and Inclusion Advisory Commission adopted a statement of purpose and advises the Council to begin a Youth Employment Program in Anna. The Commission also adopted a statement of purpose and advises the Council to allocate funds for the City of become an associate partner with Project Unity to host Together We Dine programs. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The City Council adopted Resolution 2020-07-757 on July 14, 2020 creating the Anna Diversity and Inclusion Advisory Commission. The City Council determined that there exists a need in the City of Anna for facilitation of community dialog, representation of diverse neighbor voices, review of polices and services as they pertain to supporting all members of the community, and creation events and programming within the city that purposefully engages with all neighbors. The resolution states the commission will assist the city in its efforts to engage with and support its community. The Commission is purely advisory in nature with no decision-making or policy-making authority, and any action or omission by the Commission is not binding on the city. The commission was charged with the duties and responsibilities of making recommendations to the City Council and city staff as requested from time to time in matters relating to the city’s diversity and equity strategies that strengthen connections among diverse community groups with city government. 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: 11/14/2023 Staff Contact: AGENDA ITEM: Approve City Council Meeting Minutes for October 24, 2023. (City Secretary Carrie Land) SUMMARY: FINANCIAL IMPACT: BACKGROUND: STRATEGIC CONNECTIONS: ATTACHMENTS: 1. CCmin2023-10-24 Work Session 2. CCmin2023-10-24 City Council Work Session Meeting Minutes Tuesday, October 24, 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 Closed Session at 5:30 PM, on October 24, 2023, at the Anna 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 5:38 PM. Members Present: Mayor Nate Pike Mayor Pro Tem Lee Miller Council Member Stan Carver Council Member Elden Baker Council Member Pete Cain Members Absent: Deputy Mayor Pro Tem Randy Atchley Council Member Kevin Toten- Arrived at 5:53 PM 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: Mayor Pro Tem Miller moved to enter closed session. Council Member Carver seconded. Motion carried 5-0. Mayor Pike recessed the meeting at 5:40 PM. Council Member Toten arrived at 5:53 PM. Mayor Pike reconvened the meeting at 6:12 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 taken. 4. Adjourn. Mayor Pike adjourned the meeting at 6:12 PM. Approved on the 14th day of November 2023 ____________________________ ATTEST: Mayor Nate Pike ____________________________ City Secretary Carrie L. Land Regular City Council Meeting Meeting Minutes Tuesday, October 24, 2023 @ 6:00 PM Anna Municipal Complex - Council Chambers 120 W. 7th Street, Anna, Texas 75409 The City Council of the City of Anna met on October 24, 2023 at 6:00 PM in the Anna Municipal Complex-Council Chambers, located at 120 W. 7th Street, to consider the following items. 1. Call to Order, Roll Call, and Establishment of Quorum. Mayor Pike called the meeting to order at 6:12 PM. Members Present: Mayor Nate Pike Mayor Pro Tem Lee Miller Council Member Kevin Toten Council Member Stan Carver Council Member Elden Baker Council Member Pete Cain Members Absent: Deputy Mayor Pro Tem Randy Atchley 2. Invocation and Pledge of Allegiance. Council Member Cain led the Invocation and Mayor Pike led the Pledge of Allegiance. 3. Neighbor Comments. No comments given. 4. Reports. No reports given. 5. Work Session. a. Discuss the Texas Municipal League 111th Annual Conference. (Assistant City Manager Taylor Lough) In the summer of 1913, Austin Mayor A.P. Wooldridge issued a call to the cities of Texas to come to Austin to consider the creation of an association to allow officials to confer on municipal issues. He invited representatives of all Texas cities to a convention in Austin on November 4, 1913. Members of the City Council and City staff attended the Texas Municipal League's 111th Annual Conference and Exhibition on October 5th and 6th at the Kay Bailey Hutchison Convention Center in Dallas. Assistant City Manager Taylor Lough presented a presentation on the Texas Municipal League and highlights from the conference. 6. Consent Items. MOTION: Council Member Carver moved to approve items 6.a.-e. Mayor Pro Tem Miller seconded. Motion carried 6-0. a. Approve City Council Meeting Minutes for October 10, 2023. ( City Secretary Carrie Land) b. Review Minutes of the September 7, 2023, Joint Community Development Corporation and Economic Development Corporation Board Meetings. (Director of Economic Development Joey Grisham) c. Review Monthly Financial Report for the Month Ending September 30, 2023. (Budget Manager Terri Doby) d. Approve a Resolution approving and authorizing the City Manager to execute an extension to the Agreement between Grace Place Community Garden and the City of Anna. (Community Enhancement and Compliance Manager Kevin Martin) In October 2022, the City of Anna and Grace Place Community Garden entered into a mutually beneficial agreement to enhance community involvement by providing fresh vegetables for the food pantry and educational opportunities. During the one-year period of the agreement, six gardening or environmental educational classes were hosted: • November 12, 2022 - Basic Gardening • November 21, 2022 - Basic Gardening • March 9, 2023 - Introduction to Gardening, Taught by Texas A&M Agri- Life County Extension Agent with 28 in attendance • March 18, 2023 - Introduction to Gardening • June 10, 2023 - The Buzz About Vegetables – Planting for Happy Bees with 10 in attendance • June 10, 2023 - Bee-Kind: Learn all About Bees, Kid-friendly, interactive learning with 5 in attendance Water consumption from October 2022 until June 2023 was 70,880 gallons. As such, the previously determined credit amount is sufficient, and staff recommended approval to continue the agreement. Staff recommended extending an agreement between the City of Anna and Grace Place Community Garden for the use of the garden as an educational space for a period of one year. The City will provide a stipend of $1,000 to be applied to the Grace Place Community Garden utility bill. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AN EXTENSION TO THE AGREEMENT WITH GRACE PLACE OF ANNA FOR THE PROVISION OF AN UTILITY BILL STIPEND AND CREATION OF COMMUNITY EDUCATION PROGRAMMING e. Approve a Resolution amending the representatives authorized to transact business with the East West Bank. (Interim Finance Director Aimee Rae Ferguson) East West Bank is one of the City's investment vehicles. Authorized representatives who can conduct business for the City must be identified by resolution. The resolution amends the list of City representatives by substituting Interim Finance Director, Aimee Rae Ferguson for Alan Guard and adding Ryan Henderson and Taylor Lough as authorized City representatives. Staff recommended that Council approve the resolution amending the representatives authorized to transact business with East West Bank. A RESOLUTION OF THE CITY OF ANNA, AMENDING THE AUTHORIZED REPRESENTATIVES AUTORIZED TO TRANSACT BUSINESS WITH EAST WEST BANK BY REMOVING ALAN GUARD FROM THE LIST OF AUTHORIZED SIGNATORIES; AND ADDING RYAN HENDERSON, TAYLOR LOUGH, AND AIMEE RAE FERGUSON, TO THE NAMED AUTHORIZED SIGNATURES, FOR BANKING PURPOSES AND CERTIFICATION OF INCUMBANCY AND PROVIDING AN EFFECTIVE DATE. 7. Items For Individual Consideration. a. This item has been canceled due to withdrawal by the applicant. There will be no Public Hearing on a request to annex and zone 9.5 acres located on the east side of Farm to Market Road 2862, 540 feet south of County Road 526 to Multi-Family Residential (MF) district. Currently located in the Extraterritorial Jurisdiction (ETJ). (Director of Development Services Ross Altobelli) At the October 2, 2023 Planning & Zoning Commission meeting, the Commission recommended denial (5-2) of the zoning request and associated concept plan and preliminary plat. On Friday, October 13, 2023, the applicant submitted a withdrawal letter associated with the annexation, zoning, and development applications. No action was taken. b. Consider/Discuss/Action authorizing the City Manager to execute a contract agreement with Musco Sports Lighting, LLC, to install light fixtures on the Sherley Water Tower. (CIP Manager Justin Clay) The Sherley Water Tower Light Project is part of the City Council's Plan to invest in and to redevelop our downtown area. This item authorizes the City Manager to execute a contract with Musco Sports Lighting, LLC to install light fixtures on the Sherley Water Tower in downtown Anna. The Sherley Water Tower was renovated in 2022 and restored to the original paint color and lettering. As part of enhancing the downtown area, this project will provide a state-of-the-art lighting system which will allow the City to light up the tower at night. Musco Sports Lighting, LLC, has a BuyBoard contract for parks and sports lighting, which the City will utilize in accordance with Texas Local Government Code purchasing requirements. MOTION: Council Member Toten moved to approve. Council Member Baker seconded. Motion carried 6-0. A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE ORDER FOR THE INSTALLATION OF LOIGHTING ON THE SHERLEY WATER TOWER TO MUSCO SPORTS LIGHTING, LLC IN THE AMOUNT NOT TO EXCEED THREE HUNDRED THOUSAND DOLLARS ($300,000.00); AND PROVIDING FOR AN EFFECTIVE DATE. c. Consider/Discuss/Action on a Resolution rejecting all bids for the Anna Community Library and Anna Plaza Project. (Assistant City Manager Greg Peters) Bids were opened on October 18, 2023. The City of Anna publicly bid the Anna Community Library and Anna Plaza project. Bids were opened on October 18, 2023. However, staff found the bid interest to be insufficient given the size of the project. Staff recommends the City Council to reject all bids and to direct the City to re- advertise the project to generate more bids on the project. The purpose of this is to increase competition and to ensure that the City receives the best value for the project budget. MOTION: Mayor Pike moved to approve. Mayor Pro Tem Miller seconded. Motion carried 6-0. A RESOLUTION OF THE CITY OF ANNA, TEXAS REJECTING ALL BIDS RECEIVED FOR THE PROJECT AT THE BID OPENING ON OCTOBER 18, 2023; AND PROVIDING FOR AN EFFECTIVE DATE. d. Consider/Discuss/Action on City Council Meeting Dates for November and December. (City Manager Ryan Henderson) This item is to cancel the second meeting in November and the second meeting in December or reschedule the meetings to different dates. The second meeting date for November falls the week after Thanksgiving and the second meeting date for December falls the day after Christmas . In previous years, the City Council canceled these meetings due to a lack of a quorum. MOTION: Council Member Baker moved to only have one meeting in November and one in December, making the meeting dates November 14, 2023 and December 12, 2023. Council Member Toten seconded. Motion carried 6-0. 8. Closed Session (Exceptions). Under Tex. Gov't Code Chapter 551, the City Council may enter into Closed Session to discuss any items listed or referenced on this Agenda under the following exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov’t Code §551.071). 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 Cain moved to enter closed session. Council Member Baker seconded. Motion carried 6-0. Mayor Pike recessed the meeting at 6:34 PM. Mayor Pike reconvened the meeting at 7:30 PM. 9. Consider/Discuss/Action on any items listed on any agenda - work session, regular meeting, or closed session - that is duly posted by the City of Anna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. 10. Adjourn. Mayor Pike adjourned the meeting at 7:30 PM. Approved on the 14th day of November 2023 ____________________________ ATTEST: Mayor Nate Pike ____________________________ City Secretary Carrie L. Land Item No. 5.b. City Council Agenda Staff Report Meeting Date: 11/14/2023 Staff Contact: Ross Altobelli AGENDA ITEM: Review Minutes of the October 2, 2023 Planning & Zoning Commission Meeting. (Director of Development Services Ross Altobelli) SUMMARY: Minutes from the October 2, 2023 Planning & Zoning Commission Meeting. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Excellent. ATTACHMENTS: 1. 10-02-2023 PZ Minutes (Signed) Item No. 5.c. City Council Agenda Staff Report Meeting Date: 11/14/2023 Staff Contact: AGENDA ITEM: Review Minutes of the October 5, 2023, Joint Community Development Corporation and Economic Development Corporation Board Meeting. (Director of Economic Development Joey Grisham) SUMMARY: FINANCIAL IMPACT: BACKGROUND: STRATEGIC CONNECTIONS: ATTACHMENTS: 1. October 5_2023 CDC EDC Joint Meeting Minutes_signed Item No. 5.d. City Council Agenda Staff Report Meeting Date: 11/14/2023 Staff Contact: AGENDA ITEM: Review Minutes from the August 28, 2023 and September 25, 2023 Diversity and Inclusion Advisory Commission Meetings (Assistant to the City Manager Kimberly Winarski). SUMMARY: FINANCIAL IMPACT: BACKGROUND: STRATEGIC CONNECTIONS: ATTACHMENTS: 1. August 28, 2023 Minutes 2. September 25, 2023 Minutes 3. Draft Minutes October 23 2023 Diversity and Inclusion Advisory Commission Meeting MINUTES DIVERSITY AND INCLUSION ADVISORY COMMISSION MEETING 120 W. 7th St., Anna, TX 75409 Monday, October 23, 2023 @ 6:00 PM 1. Call to Order, Roll Call, and Establishment of Quorum. Theresa King-Bell called the meeting to order at 6:15 p.m. Commission Members Present: Theresa King-Bell, Valencia Edwards, Elijah Nelms, Yoshanda Sims, Rahul Luthra. Quorum is present. Commission Members Absent: Dallen Morgan and David Rodriguez Others in Attendance: Assistant to the City Manager Kimberly Winarski and Assistant City Manager Taylor Lough. 2. Invocation and Pledge of Allegiance. Theresa King-Bell lead the Pledge of Allegiance and Rahul Luthra provided an invocation. 3. Neighbor's Input. No neighbor’s input. 4. Reports. a. Discuss Current Projects: Youth in Government Day. The new tentative date is Friday, January 26th. A draft flyer was provided. The final flyer will be sent to guidance counselors and in the city’s newsletter. Students will sign up with their guidance counselor. Luthra asked about homeschool students. Kimberly Winarski shared the school district is processing applications so staff will reach out to school staff to determine the process. Staff envisions a 30-student maximum. Multicultural Event. As discussed at the last meeting, AnnaFest was held at the municipal complex on Saturday, October 7 with cultural events. Elijah Nelms stated the event was well done. It was hard to know where everything was. Valencia Edwards suggested a directory or arrows pointing to different events. She suggested seeing more items for teenagers. The mechanical bull was one of the only items the teenagers did repeatedly. After discussing AnnaFest, staff shared the multicultural event was not included in the calendar. Sims shared that this event needs to be started even on a small scale. Winarski shared that there is an intention to have a joint meeting by inviting the City Council to attend the commission’s meeting Monday, November 27. Commission members in attendance agree that this event needs to happen in 2024. Edwards would like to see the FY23 events calendar and budget for each event. 5. Individual Consideration. a. Consider/Discuss/Act on a recommendation for a statement of purpose for the Local Youth Employment Program. Winarski reminded the Commission quorum was lost last meeting so these items were postponed. Winarski presented a timeline for youth employment and engagement within the City of Anna. The purpose of the Anna Youth Employment Program is to develop a pipeline of Anna youth interested in and prepared for a career in Anna. Yoshanda Sims made a motion to approve the purpose statement as stated above. Elijah Nelms seconded the motion. The motion passed unanimously. b. Consider/Discuss/Act on a recommendation for a statement of purpose for the Anna Youth Employment Program. Winarski shared there is scholarship for high school students interested in local government. If approved for the scholarship the International City County Managers Association would reimburse the city for $2,500. Edwards suggested two or three students. Winarski reached out to organizations that run larger organizations citywide internship programs and is waiting to hear back. Yoshanda Sims made a motion to make an advisory recommendation to the City Council to begin a youth employment program with up to three students in 2024. Theresa King-Bell seconded the motion. The motion passed unanimously. c. Consider/Discuss/Act on a recommendation for a statement of purpose for the Anna Together We Dine Project. Valencia Edwards made a motion to recommend the statement of purpose for the Anna Together We Dine Project is to facilitate a community conversation about race and ethnicities to ensure all neighbors are seen, heard, acknowledge, and celebrated in our community. Theresa King-Bell seconded the motion. The motion passed unanimously. d. Consider/Discuss/Act on an advisory recommendation to City Council on the scope and budget of the Anna Together We Dine Project. Taylor Lough reminded the Commission there are options for participation with Project Unity for the Together We Dine Project. Dallen Morgan introduced this project to the commission and is discussing an event with the North Texas Conference of United Methodist Churches. Theresa King-Bell made a motion on an advisory recommendation to the City Council to become an Associate Partner with Project Unity to host four events for city and AISD staff, 25 invited attendees of community leaders, and a community dine. Yoshanda Sims seconded the motion. The motion passed. e. Consider/Discuss/Act on approving the minutes from the September 25, 2023 Diversity and Inclusion Advisory Commission Meeting. Valenica Edwards made a motion to approve the minutes from the September 25, 2023 Diversity and Inclusion Advisory Commission Meeting. Theresa King-Bell seconded the motion. The motion passed. 6. Items for Future Consideration. a. Conversation Starters. Theresa King-Bell would like to remove this item. b. National Interfaith Day of Prayer Rahul Luthra presented this event is held in early May. No action was taken. 7.Adjourn. Theresa King-Bell made a motion to adjourn the meeting at 8:26 p.m. Yoshanda Sims seconded the motion. Item No. 5.e. City Council Agenda Staff Report Meeting Date: 11/14/2023 Staff Contact: Aimee Ferguson AGENDA ITEM: Approve the Quarterly Investment Report for the Period Ending September 30, 2023. (Interim Finance Director Aimee Rae Ferguson) SUMMARY: In accordance with the Public Funds Investment Act (PFIA), the City of Anna is required to submit a quarterly report on the investments of public funds held by the City. The report includes: • Summary of Investments by category • Economic overview with charts showing historical data • Total of investment holdings including portfolio composition and maturity range • Book and market comparison Fiscal year-to-date average yield for the total portfolio equaled to 3.91%. Total investments increased $10.5 million as of September 30, 2023 with the increase being contributed to the sale of bonds and the subsequent investment of the funds. FINANCIAL IMPACT: Interest for quarter ending September 30, 2023 equaled to $2.5 million with total interest earned year to date totaling $7.6 million. BACKGROUND: The City of Anna invests funds in several types of instruments including Checking and Money Market accounts, Certificates of Deposit, and Government Pool funds. Investment funds are currently held in the following institutions: Independent Financial, Simmons Bank, East West Bank, Texas CLASS, and TexPool. The city is currently working with Valley View Consulting, LLC to maximize current interest rates while maintaining a high degree of safety and sufficient liquidity to fund on-going operations. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Excellent. ATTACHMENTS: 1. Quarterly Investment Report 09.30.2023 Item No. 5.f. City Council Agenda Staff Report Meeting Date: 11/14/2023 Staff Contact: Terri Doby AGENDA ITEM: Approve an Ordinance approving the Tax Year 2023 Tax Roll. (Budget Manager Terri Doby) SUMMARY: The Collin County Tax Assessor Collector has submitted the Tax Roll Summary to the City of Anna for Tax Year 2023. The report is attached. FINANCIAL IMPACT: Process to adopt the Fiscal Year 2024 Budget. BACKGROUND: Texas Property Tax Code, Section 26.09 requires the City to pass an ordinance approving the yearly Tax Roll. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Excellent. ATTACHMENTS: 1. FY2024 Tax Roll Ordinance 2. 2023 TAX ROLL SUMMARY CITY OF ANNA, TEXAS ORDINANCE NO._____________ AN ORDINANCE APPROVING THE 2023 TAX ROLL FOR THE CITY OF ANNA, TEXAS WHEREAS, the Collin County Tax Assessor Collector has submitted the 2023 Tax Roll for the City of Anna, Texas (the “City”) to the City Council of the City of Anna, Texas (the “City Council”) for approval; and WHEREAS, the City Council is required by statute (Texas Property Tax Code Section 26.09) to approve or disapprove said Tax Roll; and WHEREAS, the City Council has reviewed the 2023 Tax Roll Summary as provided by the Collin County Tax Assessor Collector, 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 if set forth in full for all purposes. SECTION 2. Tax Roll Approved. The Council hereby approves the 2023 Tax Roll Summary attached hereto as Exhibit A. PASSED AND APPROVED by the City Council of the City of Anna, Texas, this, the 14th day of November, 2023. ATTESTED: _____________________________ Carrie L. Land, City Secretary APPROVED: ________________________________ Nate Pike, Mayor EXHIBIT A EXHIBIT A Item No. 5.g. City Council Agenda Staff Report Meeting Date: 11/14/2023 Staff Contact: Steven Smith AGENDA ITEM: Approve a Resolution Authorizing the Purchase of Excavation Equipment for the Stormwater Division of Public Works. (Director of Public Works Steven Smith) SUMMARY: This item is to approve the purchase of a tracked backhoe loader for channel excavation, debris removal, grading, and general construction of stormwater improvements and maintenance operations in the City of Anna. FINANCIAL IMPACT: Funding for this equipment was appropriated in the FY2024 Stormwater Fund budget in the amount of $103,900. BACKGROUND: The City of Anna adopted a stormwater fee in October 2021. City staff identified equipment unique to our maintenance & operational needs that is essential to maintaining parts of the stormwater system. The City of Anna worked with the vendor to obtain a co-operative quote and all purchases will be made in accordance with the City of Anna's Purchasing Policy. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Resilient. ATTACHMENTS: 1. Resolution and Quote - Stormwater Equipment 2. City of Anna 1CXT 3. JCB Inc. (BuyBoard Contract) CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE ORDER FOR SOUTH STAR JCB TO PURCHASE EXCAVATION EQUIPMENT FOR THE STORMWATER DIVISION OF ANNA PUBLIC WORKS IN THE AMOUNT NOT TO EXCEED ONE HUNDRED THREE THOUSAND EIGHT HUNDRED SEVENTEEN DOLLARS AND NINTYEIGHT ($103,817.98). WHEREAS, the City of Anna adopted a stormwater fee in October 2021; and, WHEREAS, City staff identified equipment unique to our maintenance & operational needs that is essential to maintaining parts of the stormwater system; and, WHEREAS, the City of Anna worked with the vendor to obtain a co-operative quote and all purchases will be made in accordance with the City of Anna’s Purchasing Policy; 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 purchase order for South Star JCB in an amount not to exceed $103,817.980, including: That funding for the restoration shall come from existing fund balance in the City of Anna Stormwater Department Fund Balance. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this ___ day of November, 2023. ATTEST: APPROVED: __________________________ __________________________ City Secretary, Carrie Land Mayor, Nate Pike Exhibit A Page 1 Product Quotation Prepared For: Hunter Parker City of Anna Anna TX Prepared By: David Denton SOUTH STAR JCB Lewisville TX 75056 mobile: Image is for indicative purpose only and may not represent exact equipment being quoted Page 2 Standard Equipment Standard Equipment and Features & Benefits related to this product are subject to change without notice ENGINE 49 hp turbocharged Perkins, water-cooled, 4 cylinders, 2.2 liter, T4F engine. Centrifugal dry type air cleaner, fuel filter with water separator, thermostat assist. TRANSMISSION Full servo controlled hydrostatic transmission in forward and reverse. Independent transmission systems for left and right side. BRAKES Park brake, fail safe with engine off. Electrically activated through instrument panel switch. ELECTRICAL 12-volt, 50-amp alternator (canopy) or 85-amp alternator (cab), heavy duty battery. Meets IP67 water and dust ingress standard. INSTRUMENTS Audible and visual warning systems, right-side mounted instrument panel, hourmeter, fuel gauge, hand and foot operated throttle control, reverse alarm. CANOPY OR CAB SAE certified ROPS/FOPS, left side entry, floor mat. Cushioned seat with armrests, 2" retractable seat belt, work lights front and rear. HYDRAULIC SYSTEM Open center pump system with 11.8 gpm exclusive for driving motors and hydraulic auxiliaries. Dedicated pump system with 26.4 gpm for high-flow loader auxiliary. Low effort servo controls and loader functions. Auxiliary circuit controlled rocked switch on the right joystick. 6-spool excavator valve. LOADER Parallel lift loader arms. Universal quick-hitch coupler system, single lever servo control. Auxiliary hydraulic circuit for operation of hydraulic powered attachments. Loader arm safety strut. BACKHOE Mechanical side-shift, boom travel lock. Auxiliary hydraulic circuit for 1-way and 2-way flow approved attachments. Vertical stabilizers with street feet pads. LIVELINK JCB LiveLink Lite telematics. Monitored and managed remotely via a PC or smartphone. Two year subscription. Real time reporting of machine hours, routine maintenance alerts and location. Ability to set machine geo-fences and curfews for improved security. SAFETY Two post Roll Over Protective Structure (ROPS), Falling Objects Protective Structure (FOPS) and 2" retractable seat belt. Equipped with independent park brake and loader service strut. Rear boom lock activated from operator's compartment; boom swing lock. Vandalism protection with key lockable hydraulic fill and fuel cap. Front and rear horn buttons. Page 3 Features and Benefits Standard Equipment and Features & Benefits related to this product are subject to change without notice Quality Exceptional build quality is fundamental to the JCB 1CXT. JCB has applied cutting-edge techniques to the design and manufacture, to ensure optimal performance hour after hour, day after day. Versatility The JCB 1CXT delivers backhoe loader capabilities in a compact package. Easy to transport and easy to operate within confined workspaces, the JCB 1CXT is the ideal solution for landscaping, construction and rental applications. Performance The JCB 1CXT features a powerful engine, and superior loading and digging capabilities, for superior productivity in any application. Comfort The JCB 1CXT boasts a comfortable, quiet spacious cab that is easy to access. Ergonomically designed controls further minimize operator fatigue. Serviceability and Safety Minimizing downtime is an essential to maximizing profit. The JCB 1CXT is packed with features to lengthen service intervals and protect operators, bystanders and the machine itself. Page 4 Prepared For: Dealer Information Prepared By: Hunter Parker City of Anna Anna TX phone:214-490-7914 SOUTH STAR JCB 1690 TX-121 Lewisville TX 75056 phone: David Denton david.denton@southstartxjcb.com mobile: Quote Date: 10/26/23 Valid Until: 10/26/23 Quotation Reference: 386460 Model: 1CXTHF4EC Qty: 1 Stock Order/Serial No:3177058 1CX TRACKED BACKHOE LOADER EASYCONTROL - USA **OLD CODE NO NEW ORDERS** GENERAL PURPOSE RUBBER TRACKS 12.8" (320mm) WIDE 1CX SERVO HIGH FLOW HIGH SEAT CLOTH SUSPENSION 1CXT A/C CAB FOR EASYCONTROL ROW ONLY. INCLUDES HEATER Bucket - 24" - 2.33 cu. ft. Standard 1CXT GP SHOVEL 1800MM WIDE C/W BOLT ON TOE PLATE USA LANGUAGE PACK: TRACKED BUILD: Excavator Quickhitch - Manually actuated 1 ADDITIONAL PIVOT PINS KIT EXTENDING DIPPER + HAMMER + BI-DIRECTIONAL CIRCUIT FOR SERVO MACHINES ONLY 980/05400 48 inch Ditching Bucket 332/L4030 HBG72 - 72 inch HD Brush Grapple 333/X5231 ABI 72 inch MOWER STD FLOW Equipment Total 103,817.98 Total Customer Sale Price 103,817.98 Notes: Price does NOT include taxes Price does include final delivery. Equipment List Price: $115,305.72 Buyboard and Sourcewell discounts applied under contracts: Buyboard Contract #: 658-22 Sourcewell Contract #: 040319-JCB Extra Attachments: 48" Ditching Bucket $1,364.54 72" Brush Grapple $7,177.08 72" Mower $9,814.10 Machine comes with Front Shovel and Excavator Bucket Page 5 Prepared For: Dealer Information Prepared By: Hunter Parker City of Anna Anna TX phone:214-490-7914 SOUTH STAR JCB 1690 TX-121 Lewisville TX 75056 phone: David Denton david.denton@southstartxjcb.com mobile: Quote Date: 10/26/23 Valid Until: 10/26/23 Quotation Reference: 386460 Model: 1CXTHF4EC Qty: 1 Customer Acceptance: Date Dealer Date v.02.01.2021 October 12, 2022 Sent Via Email: ryan.connelly@jcb.com Ryan Connelly JCB Inc. 2000 Bamford Blvd Pooler, GA 31322 Welcome to BuyBoard! Re: Notice of The Local Government Purchasing Cooperative Contract Award; Proposal Invitation No. 685-22, Construction, Road and Bridge, and Other Related Equipment Congratulations, The Local Government Purchasing Cooperative (Cooperative) has awarded your company a BuyBoard® contract based on the above-referenced Proposal Invitation. The contract is effective for an initial one-year term of December 1, 2022, through November 30, 2023, and may be subject to two possible one-year renewals. Please refer to the Proposal Invitation for the contract documents, including the General Terms and Conditions of the Contract. To review the items your company has been awarded, please review Proposal Tabulation No. 685-22 at: www.buyboard.com/vendor. Only items marked as awarded to your company are included in this contract award, and only those awarded items may be sold through the BuyBoard contract. All sales must comply with the contract terms and must be at or below the awarded pricing as set forth in the General Terms and Conditions. The contract will be posted on the BuyBoard website as an online electronic catalog(s). You are reminded that, in accordance with the General Terms and Conditions, all purchase orders must be processed through the BuyBoard. Except as expressly authorized in writing by the Cooperative’s administrator, you are not authorized to process a purchase order received directly from a Cooperative member that has not been processed through the BuyBoard or provided to the Cooperative. If you receive a purchase order directly from a Cooperative member that you have reason to believe has not been received by the Cooperative or processed through the BuyBoard, you must promptly forward a copy of the purchase order by email to info@buyboard.com. A list of Cooperative members is available on the buyboard.com website. The BuyBoard vendor relations staff will be contacting you to assist with the resources available and to provide any support you may need as an awarded BuyBoard vendor. On behalf of the Cooperative, we appreciate your interest in the Cooperative and we are looking forward to your participation in the program. If you have any questions, feel free contact me at 800‐695‐2919. Sincerely, Ava Benford, Cooperative Procurement Manager Texas Association of School Boards, Inc., Administrator for The Local Government Purchasing Cooperative Item No. 5.h. City Council Agenda Staff Report Meeting Date: 11/14/2023 Staff Contact: Steven Smith AGENDA ITEM: Approve a Resolution Authorizing Purchase of Protective Enclosures for Water Treatment Equipment. (Director of Public Works Steven Smith) SUMMARY: The City of Anna contracted with the engineering consulting firm Plummer to complete a Risk and Resilience Assessment for compliance with America’s Water Infrastructure Act. The assessment identified that the buildings protecting the water disinfection equipment posed a risk due to their substandard construction materials. This item will approve the purchase of new enclosures which meet the level of protection identified as a need in the Risk and Resilience Assessment. FINANCIAL IMPACT: Funding for the Risk and Resilience Infrastructure Improvements project was appropriated in the FY2024 Community Investment Program budget in the amount of $200,000 from the Utility Infrastructure Investment Fund. The estimated cost of this equipment is $85,928.68. BACKGROUND: This item was planned and budgeted for in the FY23-24 Budget, and is based upon the City's Risk and Resilience Assessment for our public water supply. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Resilient. ATTACHMENTS: 1. Resolution and Quote - Buildings 2. PQF-Buildings CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE ORDER FOR JACOBS MANUFACTURING TO PURCHASE REINFORCED FIBERGLASS PLASTIC BUILDINGS TO BETTER PROTECT WATER DISENFECTION EQUIPMENT. THE PURCHASE ORDER NOT TO EXCEED EIGHTYFIVE THOUSAND NINE HUNDRED TWENTY-EIGHT DOLLORS AND SIXTY EIGHT CENTS ($85,928.68). WHEREAS, the City of Anna contracted Plummer to complete a Risk and Resilience Assessment for compliance with America’s Water Infrastructure Act; and, WHEREAS, the assessment identified that the buildings protecting the water disinfection equipment posed a risk due to their construction materials; and, WHEREAS, the City of Anna worked with vendors to obtain quotes and all purchases will be made in accordance with the City of Anna’s Purchasing Policy; 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 purchase order for Jacobs Manufacturing in an amount not to exceed $85,928.68, including: That funding for the replacement buildings come from available funds that were dedicated in the FY23 budget for Risk and Resilience Infrastructure Improvements project number WR-2023-06. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this ___ day of November, 2023. ATTEST: APPROVED: __________________________ __________________________ City Secretary, Carrie Land Mayor, Nate Pike Exhibit A Item No. 5.i. City Council Agenda Staff Report Meeting Date: 11/14/2023 Staff Contact: Christopher Talbot AGENDA ITEM: Approve a Resolution approving the GCEC Agreement for Fire Station #2 Dark Fiber. (Interim IT Manager Chris Talbot) SUMMARY: Staff recommends approving the agreement with GCEC for Dark Fiber to provide internet connectivity for Fire Station #2. GCEC is the only provider for dark fiber. Dark fiber will save on equipment costs and improve the City's security posture. FINANCIAL IMPACT: Funding for this new internet connectivity service to Fire Station #2 will cost an additional $14,400 per year plus a one-time setup charge of $1,000 and is available in the FY2024 Information Technology budget. BACKGROUND: The City of Anna has entered into an agreement with GCEC Grayson Collin Electric Cooperative previously in 2019 and amended this agreement to add additional services in 2021. GCEC has provided exceptional services throughout the existing agreements. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Resilient. ATTACHMENTS: 1. Resolution GCEC FD2 2. City of Anna FS2 Dark Fiber CITY OF ANNA, TEXAS RESOLUTION NO. _____________________ A RESOLUTION OF THE CITY OF ANNA, TEXAS AWARDING A CONTRACT TO GCEC GRAYSON COLLIN ELECTRIC COOPERATIVE AND AUTHORIZING THE CITY MANAGER TO SIGN THE AGREEMENT. WHEREAS, the City of Anna, Texas has previously approved a contract with GCEC in 2021; and WHEREAS, the contract and prices include improvements to internet services for the City of Anna; and WHEREAS, GCEC Grayson Collin County Electric Cooperative is a qualified contractor and provided the necessary quotes; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated. The City Council of the City of Anna awards the contract for internet service upgrades for the terms detailed therein providing for the following: A. Internet Service Upgrades of $1,200.00 per month/ $14,400.00 per year. B. One-time setup charge of $1,000.00. Section 2. Approval and Authorization of Agreement. The City Council hereby approves the contract award to GCEC Grayson Collin Electric Cooperative, subject to approval as to form by the City Attorney, for Internet Services and authorizes the City Manager’s execution of the same. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize, act under, and enforce the contract. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 14th day of November 2023. APPROVED: ATTEST: _____________________________ ____________________________ Mayor Nate Pike City Secretary Carrie Land Date: 08-24-2023 Quote #: 0208242023 Expiration Date: 09-15-2023 Customer: City of Anna 120 W 7th St. Anna, TX 75409 Attn: Chris Talbot MSA Number Account Tel # 972-924-3325 Qty NRC MRC 1 1,200.00$ 1 1,000.00$ 1,000.00$ 1,200.00$ Applicable State and Federal Taxes Applicable State and Federal Taxes 1,000.00$ 1,200.00$ (Excludes any Taxes & Fees) From: 120 W 7th St. Anna,TX 75409 To: New City of Anna FD Set up & Admin/Program fee PO Box 2119 Van Alstyne, TX 75495 903-482-7000 Thank you for your business! 2 Strands Dark Fiber Description Salesperson Steve Mills TOTAL 120 Month Contract Payment Terms Monthly ADD to Master Agreement# 01282019 Quote New Fire Station Main Service Address: This is a quotation on the goods and services named, subject to the conditions noted below: (Describe any conditions pertaining to these prices and any additional terms of the agreement. You may want to include contingencies that will affect the quotation.) To accept this quotation, sign here and return: _______________________________________________ Date: ______________________ Grayson Collin Communications _________________________________________________ Date: _____________________ Item No. 5.j. City Council Agenda Staff Report Meeting Date: 11/14/2023 Staff Contact: Justin Clay AGENDA ITEM: Approve a Resolution approving the MagneGrip System for Fire Station #2 (Fire Chief Ray Isom) SUMMARY: Approve the Magnegrip diesel exhaust system for Fire Station #2 to remove noxious exhaust fumes. FINANCIAL IMPACT: Funding for the Fire Station #2 project was appropriated in the FY2022-2024 Community Investment Program budget in the amount of $11.0 million from the Capital Projects Bond funds and Public Improvement District fund. This item is part of the furniture, fixtures and equipment needed for this project and will be paid for out of the Infrastructure Investment fund from excess General Fund reserves. The estimated cost of this item is $72,200. BACKGROUND: The MagneGrip system is a highly specialized fire station configuration which is outside the scope for completion of Fire Station #2 and was therefore not included in the station project. The Magnegrip project is a stand-alone system that requires specific approval and fund allocation. Apparatus in fire stations discharge diesel exhaust into breathing areas. Exposure to toxic gases and particulates is linked to cancer and other debilitating diseases. When used properly by staff, MagneGrip Systems connect directly to the vehicle tailpipe to remove contaminants and protect first responders. The health and safety of our firefighters is vital. This exhaust system ventilates 100% of exhaust gasses safely to the outside of the station. It is a 100% “point of capture” (source capture) system that is the industry standard and recommended by the National Fire Protection Association (NFPA) 1500 Standard on Fire Department Occupational Safety and Health. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Safe. ATTACHMENTS: 1. Resolution Approving Purchase and Authorizing Purchase Order for Exhaust Extraction System 2. MagneGrip Quote Anna Fire Stn #2 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 A MAGNEGRIP DIESEL EXHAUST EXTRACTION SYSTEM AS SHOWN IN EXHIBIT “A” ATTACHED HERETO, IN THE AMOUNT NOT TO EXCEED SEVENTY-ONE THOUSAND ONE HUNDRED TWENTY-SIX DOLLARS AND SIXTY-TWO CENTS ($71,126.62); 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 and operation at the new Fire Station Two; and, WHEREAS, the specified equipment is a fully automatic MagneGrip Diesel Exhaust Extraction System for removal of apparatus exhaust emissions from start up to door threshold; and, WHEREAS, the specified equipment is a non-standard building construction item which is outside of the scope of the construction of Fire Station Two and not included in the construction budget; and, WHEREAS, the quote of said exhaust extraction system (shown in Exhibit “A”) is under HGAC Contract #FL03-21, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1.Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2.Authorization of Payment and Funding. That the City Manager is hereby authorized to execute a purchase order for an exhaust extraction system equipment, in an amount not to exceed $71,126.62 for City of Anna, Texas. That funding for the purchase orders shall come from the General Fund. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 14th day of __ November , 2023. ATTEST: APPROVED: __________________________ __________________________ City Secretary, Carrie Land Mayor, Nate Pike DATE: October 23, 2023 PROPOSAL FOR: Anna Fire Department FS #2 ATTENTION: Justin Clay QUOTE #: 23-2700HGAC HGAC #: Contract #FL03-21 PROJECT SCOPE: Provide and Install a fully automatic MagneGrip® Diesel Exhaust Extraction System for removal of apparatus exhaust emissions from start up to door threshold. Per our drawing. EQUIPMENT, MATERIAL AND LABOR PRICE: Three Drop MagneGrip® PRO Source Capture System Package Includes: • (3) SSRMPRO-661 Bay #1, #2 & #3 66’ Straight Suction Rail MagneGrip® PRO with one Hose Drop • (1) CF363-5 MagneGrip® Exhaust Fan 5HP-3PH rated at 3300 CFM at 6” SP • (1) 500179-08 Wireless Auto-Start Control Panel 5HP/208-230V/3PH • Each Hose Assembly includes a 5” diameter high-temp upper hose section, an 850-degree extreme high-temp 2’ lower hose section with handle, a nozzle that attaches to the tailpipe adapt er to contain 100% of exhaust emissions while providing ambient air to reduce exhaust temperatures, a tailpipe adapt er assembly that provides easy connection and cool air induction. • UL/CUL Wireless Auto-Start Control Panel with NEMA 4X enclosure to provide auto start/stop operation with adjustable timer, manual override switch, and wireless capability. • Each Hose Assembly is provided with a transmitter and pressure sensor for automatic system. • Tailpipe Modifications as required but, limited to vehicle tailpipes from the muffler out. Rusted or Damaged Tailpipes are the responsibility of the Fire Department. • Class 2 Spiral Duct, Fittings, and Hangers • Adjustable Telescopic Support Legs to hang rail or track systems • Shipping to Job Site • Labor & Material to Install Systems • Start up and Training • Equipment is 100% American Made by an ISO9001-2015 Company • Women’s Business Enterprise (WBE) Certified • Women’s Owned Small Business (WOSB) Certified EQUIPMENT PRICE……………………………..……………………………………………………….$43,979.50 Less 3% HGAC PRICE DISCOUNT ($1319.38) TOTAL EQUIPMENT PRICE $42,660.12 Installation $26,866.50 Freight $ 1600.00 TOTAL PRICE $71,126.62 TERMS: • One MagneGrip® Tailpipe Adapter and installation is included with each hose drop assembly. All vehicles that require Tailpipe Adapters must be made available to MagneGrip technicians at the time of system installation. Additional adapters upon request. Call for pricing. • Price does NOT include side wall penetration or louver • Price does NOT include electrical • Pricing includes standard permits and business licensing fees, if required. Price does not include any state, sales, or special taxes, engineered stamped drawings or services, seismic engineering, or electrical/structural load calculations. • Upon approval, please submit a signed copy of this proposal and a tax exemption certificate. Projects are invoiced per station upon shipment of equipment. Payment is due upon completion of the project. • Proposal is valid for 90 days. (Anna FD Proposal dated October 23, 2023) SUBMITTED BY: ACCEPTED BY: Company: ______________________________________ Bruce Sears Regional Sales Manager Authorized Signature: _____________________________ bsears@magnegrip.com Print: __________________ Title: __________________ Cell: 214-551-7042 PO#, If Required: ________________ Date: __________ Item No. 5.k. City Council Agenda Staff Report Meeting Date: 11/14/2023 Staff Contact: Gregory Peters AGENDA ITEM: Approve an Ordinance of the City of Anna Texas altering the prima facie speed limits established for vehicles under the provisions of Transportation Code Section 545.356 upon State Highway 121 within the corporate limits of the City of Anna, Texas, as set out in this Ordinance; and providing a penalty of a fine not to exceed $200.00 for the violation of this Ordinance. (Assistant City Manager Greg Peters, P.E.) SUMMARY: TxDOT has submitted a speed study to the City of Anna for the segment of State Highway 121 in the city's corporate limits. A location map showing the segment of state highway in the city's corporate limits is attached as Exhibit A. The speed study is attached as Exhibit B. In accordance with the State Transportation Code, Section 545.356 and the findings in the speed study, staff recommends establishing a speed limit of 70 miles per hour for this segment of state highway. FINANCIAL IMPACT: This item has no financial impact. TxDOT will install the new signs upon approval of the ordinance. BACKGROUND: A speed study has been conducted on this segment of state highway to determine the appropriate speed limit in accordance with State law and common engineering practice. STRATEGIC CONNECTIONS: This item has no strategic connection. ATTACHMENTS: 1. Ord 121 Speed Limit with exhibit 2. Exhibit A - Map - 121 Speed Limit 3. Exhibit B SH 121-CS 0549-03-Speed Zone Strip Map _____________________________________________________________________________________________ CITY OF ANNA, TEXAS ORDINANCE NO. __________ PAGE 1 OF 2 ORDINANCE NO. _________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF TRANSPORTATION CODE, SECTION 545.356 UPON STATE HIGHWAY NO. 121 OR PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF ANNA, AS SET OUT IN THIS ORDINANCE; AND PROVIDING A PENALTY OF A FINE NOT TO EXCEED $200.00 FOR THE VIOLATION OF THIS ORDINANCE WHEREAS, a portion of State Highway 121 is located within the corporate limits of the City of Anna, Texas; and, WHEREAS, Section 545.356 of the Texas Transportation Code, provides that whenever the governing body of the City shall determine upon the basis of an engineering and traffic investigation that any prima facie speed therein set forth is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place or upon any part of a street or highway within the City, taking into consideration the width and condition of the pavement and other circumstances on such portion of said street or highway, as well as the usual traffic thereon, said governing body may determine and declare a reasonable and safe prima facie speed limit thereat or thereon by the passage of an ordinance, which shall be effective when appropriate signs giving notice thereof are erected at such intersection or other place or part of the street or highway; and WHEREAS, an engineering and traffic investigation has been completed for the segment of State Highway 121 located within the corporate limits of the City of Anna; and WHEREAS, The traffic investigation provides for a recommendation of 70 miles per hours being the prima facie speed limit on State Highway 121 within the corporate limits of the City of Anna, Texas; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: SECTION 1. RECITALS. The recitals set forth above are incorporated herein as if set forth herein in full. SECTION 2. ALTERING OF PRIMA FACIE SPEED LIMIT. Upon the basis of an engineering and traffic investigation heretofore made as authorized by the provisions of Transportation Code, Section 545.356, the following prima facie speed limits hereafter indicated for vehicles on the attached Exhibit “A” (strip m ap) are hereby determined and declared to be reasonable and safe; and such speed limits are hereby fixed at the rate _____________________________________________________________________________________________ CITY OF ANNA, TEXAS ORDINANCE NO. __________ PAGE 2 OF 2 of speed indicated for vehicles traveling upon the named streets and highways, or parts thereof, described as follows: A. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: 1. That from and after the date of the passage of this speed zone ordinance, no motor vehicle shall be operated along and upon State Highway No. 121 within the corporate limits of the City of Anna, Texas in excess of speeds now set forth in Exhibit “A.” SECTION 3. ADDITIONAL ACTIONS. The Director of Public Works is hereby authorized and directed to: (1) remove any City-managed existing signs to the contrary and cause to erect appropriate signs as set forth in Section 2; (2) send a copy of this ordinance to TxDOT. (3) Coordinate with TxDOT on the state erection of appropriate signs as set forth in Section 2. SECTION 4. SAVINGS, SEVERABILITY AND REPEALING CLAUSES. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance, which shall remain in full force and effect. SECTION 5. EFFECTIVE DATE That this ordinance shall become effective immediately from and after its passage. APPROVED AND ADOPTED by the City Council of the City of Anna, Texas on this the ______ day of November, 2023. ATTESTED: _________________________ City Secretary Carrie L. Land APPROVED: _________________________ Mayor Nate Pike SH 121 City Limits Map Approximate location of SH121 within current Corporate Limits Item No. 6.a. City Council Agenda Staff Report Meeting Date: 11/14/2023 Staff Contact: Nader Jeri AGENDA ITEM: Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance adopting the 2021 Edition of the International Building Code (IBC), 2021 Edition of the International Residential Code (IRC), 2021 International Plumbing Code(IPC), 2021 International Mechanical Code (IMC), 2021 International Fuel Gas Code (IFGC), 2021 International Energy Conservation Code (IECC), 2021 International Existing Building Code (IEBC), 2021 International Swimming Pool and Spa Code (ISPSC), and 2020 National Electrical Code (NEC); and adopting the North Central Texas Council of Governments recommended amendments to each adopted code; and amended certain related provisions in The Anna City Code of Ordinances. (Assistant Director/Building Official Nader Jeri) SUMMARY: Currently, the City of Anna is under 2018 International Building Code, 2018 International Residential Code, 2018 International Plumbing Code, 2018 International Mechanical Code, 2018 International Fuel Gas Code, 2018 International Energy Conservation Code, 2018 International Existing Building Code (IEBC), 2018 International Swimming Pool and Spa Code (ISPSC), 2015 International Fire Code, and 2017 National Electric Code with amendments recommended by NCCOG, In order to preserve and protect public health, safety and welfare and to have a Building Code uniformity in North Texas Central Region among other communities, it is essential to adopt the updated Edition of the Building Codes such as 2021 ICC Codes with amendments recommended by NCCOG as follows: 2021 International Building Code (IBC) 2021 International Residential Code (IRC) 2021 International Plumbing Code (IPC) 2021 International Mechanical Code (IMC) 2021 International Fuel Gas Code (IFGC) 2021 International Energy Conservation Code (IECC) 2021 International Existing Building Code (IEBC) 2021 International Swimming Pool and Spa Code (ISPSC) 2020 National Electrical Code (NEC) FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: Staff is recommending approval of the adoption of the 2021 ICC family Building and 2020 National Electric Codes with amendments recommended by NCCOG for the following reasons: 1. It will lower Insurance Service Office (ISO) Rating by using Public Protection Classification (PPC) System (it is the countrywide classification system used by the ISO to reflect a community's local fire protection for property insurance rating purposes). 2. Will have a Building Code uniformity in North Texas Central Region among other communities with NCTCOG recommended amendments. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome areas: Safe, and Excellent. ATTACHMENTS: 1. Ordinance - Amend Building Codes 2. 2021 International Building Codes ORDINANCE NO. ______________________ AN ORDINANCE OF THE CITY OF ANNA, TEXAS, ADOPTING THE 2021 INTERNATIONAL BUILDING CODE, 2021 INTERNATIONAL RESIDENTIAL CODE, 2021 INTERNATIONAL ENERGY CONSERVATION CODE, 2021 INTERNATIONAL PLUMBING CODE, 2021 INTERNATIONAL MECHANICAL CODE, 2021 INTERNATIONAL FUEL GAS CODE, 2020 NATIONAL ELECTRICAL CODE, 2021 EXISTING BUILDING CODE, 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE; AMENDING SPECIFIC SECTIONS OF THE ANNA CITY CODE OF ORDINANCES; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Anna deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enforce regulations regarding the use, construction and occupancy of buildings and other structures in the City; and WHEREAS, the City Council finds that the adoption of model codes promotes uniform construction and provides a minimum standard of safety; and WHEREAS, the City of Anna is currently under the 2018 International Building Code, 2018 International Residential Code, 2018 International Energy Conservation Code, 2018 International Plumbing Code, 2018 International Mechanical Code, 2018 International Fuel Gas Code, 2017 National Electrical Code, 2018 International Existing Building Code, and the 2018 International Swimming Pool and Spa Code (collectively “Current Uniform Codes”) with certain amendments recommended by North Central Texas Council of Governments (“NCTCOG”); and WHEREAS, in order to preserve and protect public health, safety and welfare and to have a Building Code uniformity in North Central Region among other communities, it is essential to adopt the updated editions of the Current Uniform Codes and to adopt additional uniform building codes as set forth in this ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: SECTION 1. That all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. There is hereby adopted by the City of Anna, Texas for the purpose of establishing rules and regulations for the design, quality of materials, erection, construction, installation, alteration, repair, location, relocation, replacement, conversion, addition to, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings, facilities, and structures, certain uniform codes as set forth herein. SECTION 2. 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. SECTION 3. In accordance with Article 1.01 of the Anna City Code of Ordinances, (“Anna Code”), the following amendments are made to Chapter 4 (Building Regulations), Article 4.03 (Construction Codes and Standards) as follows: ARTICLE 4.03 CONSTRUCTION CODES AND STANDARDS Division 1. Generally Secs. 4.03.001–4.03.030 Reserved Division 2. Building Code* Sec. 4.03.031 Adopted; amendments. (a) The 2021 2018 edition of the International Building Code has been adopted. Copies of the code, and the amendments thereto, are on file in the office of the city secretary and said code is hereby adopted by reference and designated as the building code of the city, the same as though said such code was were copied at length herein. (b) The city council has adopted the North Central Texas Council of Governments recommended amendments to the 2021 2018 International Building Code and has selected the provisions of “Option B” as described in said amendments. A copy of said amendments are on file in the office of the city secretary. (Ordinance 371-2008 adopted 4/8/08; Ordinance 661-2014 adopted 6/24/14; Ordinance 730-2016 adopted 10/11/16; 2008 Code, pt. II, art. 8, sec. 3; Ordinance 910-2021, sec. 3, adopted 5/25/21; Ordinance ____, adopted 11/14/23) Secs. 4.03.032–4.03.060 Reserved Division 3. Residential Code† Sec. 4.03.061 Adopted; amendments. (a) The 2021 2018 edition of the International Residential Code has been adopted. Copies of the code, and the amendments thereto, are on file in the office of the city secretary and said code is hereby adopted by reference and designated as the residential code of the city, the same as said such code was were copied at length herein. (b) The city council has adopted the North Central Texas Council of Governments recommended amendments to the 2021 2018 International Residential Code. (Ordinance 371-2008 adopted 4/8/08; Ordinance 661-2014 adopted 6/24/14; Ordinance 730-2016 adopted 10/11/16; 2008 Code, pt. II, art. 8, sec. 3; Ordinance 910-2021, sec. 3, adopted 5/25/21; Ordinance ____, adopted 11/14/23) Secs. 4.03.062–4.03.090 Reserved Division 4. Energy Conservation Code* Sec. 4.03.091 Adopted; amendments. (a) The 2021 2018 edition of the International Energy Conservation Code and the amendments thereto has been adopted. Copies of the code, and the amendments thereto, are on file in the office of the city secretary and said code is hereby adopted by reference and designated as the energy conservation code of the city, the same as though said such code was were copied at length herein. (b) The city council has adopted the North Central Texas Council of Governments recommended amendments to the 2021 2018 International Energy Conservation Code. (Ordinance 371-2008 adopted 4/8/08; Ordinance 661-2014 adopted 6/24/14; Ordinance 730-2016 adopted 10/11/16; 2008 Code, pt. II, art. 8, sec. 3; Ordinance 910-2021, sec. 3, adopted 5/25/21; Ordinance ____, adopted 11/14/23) Secs. 4.03.092–4.03.120 Reserved Division 5. Plumbing Code† Sec. 4.03.121 Adopted; amendments. (a) The 2021 2018 edition of the International Plumbing Code has been adopted. Copies of the code, and the amendments thereto, are on file in the office of the city secretary and said code is hereby adopted by reference and designated as the plumbing code of the city, the same as though said such code was were copied at length herein. (b) The city council has adopted the North Central Texas Council of Governments recommended amendments to the 2021 2018 International Plumbing Code. (Ordinance 371-2008 adopted 4/8/08; Ordinance 661-2014 adopted 6/24/14; Ordinance 730-2016 adopted 10/11/16; 2008 Code, pt. II, art. 8, sec. 3; Ordinance 910-2021, sec. 3, adopted 5/25/21; Ordinance ____, adopted 11/14/23) […] Secs. 4.03.123–4.03.150 Reserved Division 6. Mechanical Code* Sec. 4.03.151 Adopted; amendments. (a) The 2021 2018 edition of the International Mechanical Code has been adopted. Copies of the Code, and the amendments thereto, are on file in the office of the city secretary and said code is hereby adopted by reference and designated as the mechanical code of the city, the same as though said such code was were copied at length herein. (b) The city council has adopted the North Central Texas Council of Governments recommended amendments to the 2021 2018 International Mechanical Code. (Ordinance 371-2008 adopted 4/8/08; Ordinance 661-2014 adopted 6/24/14; Ordinance 730-2016 adopted 10/11/16; 2008 Code, pt. II, art. 8, sec. 3; Ordinance 910-2021, sec. 3, adopted 5/25/21; Ordinance ____, adopted 11/14/23) Secs. 4.03.152–4.03.180 Reserved Division 7. Fuel Gas Code Sec. 4.03.181 Adopted; amendments. (a) The 2021 2018 edition of the International Fuel Gas Code has been adopted. Copies of the code, and the amendments thereto, are on file in the office of the city secretary and said code is hereby adopted by reference and designated as the fuel gas code of the city, the same as though said such code was were copied at length herein. (b) The city council has adopted the North Central Texas Council of Governments recommended amendments to the 2021 2018 International Fuel Gas Code. (Ordinance 371-2008 adopted 4/8/08; Ordinance 661-2014 adopted 6/24/14; Ordinance 730-2016 adopted 10/11/16; 2008 Code, pt. II, art. 8, sec. 3; Ordinance 910-2021, sec. 3, adopted 5/25/21; Ordinance ____, adopted 11/14/23) Secs. 4.03.182–4.03.210 Reserved Division 8. Electrical Code† Sec. 4.03.211 Adopted; amendments. (a) The 20202017 edition of the National Electrical Code has been adopted. Copies of the code, and the amendments thereto, are on file in the office of the city secretary and said code is hereby adopted by reference and designated as the electrical code of the city, the same as though said such code was were copied at length herein. (b) The city council has adopted the North Central Texas Council of Governments recommended amendments to the 2020 2017 National Electrical Code. (Ordinance 371-2008 adopted 4/8/08; Ordinance 661-2014 adopted 6/24/14; Ordinance 730-2016 adopted 10/11/16; 2008 Code, pt. II, art. 8, sec. 3; Ordinance 910-2021, sec. 3, adopted 5/25/21; Ordinance ____, adopted 11/14/23) Secs. 4.03.212–4.03.240 Reserved Division 9. Existing Building Code Sec. 4.03.241 Adopted; amendments. (a) The 2021 2018 edition of the International Existing Building Code has been adopted. Copies of the code, and the amendments thereto, are on file in the office of the city secretary and said code is hereby adopted by reference and designated as the electrical code of the city, the same as though said such code was were copied at length herein. (b) The city council has adopted the North Central Texas Council of Governments recommended amendments to the 2021 2018 International Existing Building Code. (Ordinance 910-2021, sec. 3, adopted 5/25/21; Ordinance ____, adopted 11/14/23) Secs. 4.03.242–4.03.270 Reserved Division 10. Swimming Pool and Spa Code Sec. 4.03.271 Adopted; amendments (a) The 2021 2018 edition of the International Swimming Pool and Spa Code has been adopted. Copies of the code, and the amendments thereto, are on file in the office of the city secretary and said code is hereby adopted by reference and designated as the electrical code of the city, the same as though said such code was were copied at length herein. (b) The city council has adopted the North Central Texas Council of Governments recommended amendments to the 2021 2018 International Swimming Pool and Spa Code. (Ordinance 910-2021, sec. 3, adopted 5/25/21; Ordinance ____, adopted 11/14/23) SECTION 4. Any person, firm or corporation violating any of the provisions or terms of this ordinance, upon conviction in Municipal Court, shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. SECTION 5. If any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. SECTION 6.In addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. SECTION 7. This ordinance shall take effect after its passage and publication as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, this 14th day of November 2023. ____________________________________ Nate Pike, Mayor City of Anna ATTEST: __________________________________ Carrie L. Land, City Secretary The primary goal of adopting the Family of International Code Council (ICC) is to preserve and protect public health, safety and welfare. 2021 International Building Codes Key Changes Benefits of 2021 International Building Codes §Will lower ISO Rating (Insurance Services Office) §Will have a Building Code uniformity in North Central Region among other communities with NCTCOG recommended Amendments 2021 International Building Code (IBC)2021 International Energy Conservation Code (IECC) 2021 International Plumbing Code (IPC)2021 International Existing Building Code (IEBC 2021 International Mechanical Code (IMC)2021 International Swimming Pool and Spa Code (ISPSC) 2021 International Fuel Gas Code (IFGC)2020 National Electrical Code (NEC) 2021 International Building Codes Key Changes 2021 (IBC) Use of fire walls, The occupant load factor, New alternative material and fasteners 2021 (IRC) New tables to address alternative wood, height and span 2021 (IPC) Updated tables for required fixtures 2021 (IMC) Type of duct, metallic & non-metallic, exhaust fans and kitchen hoods 2021 (IFGC) Location of appliance shutoff valves(accessibility) 2021 (IECC) Updated tables for interior & exterior lightings control, climates zones 2021 (IEBC) Compliance Method, Occupancy load and Historic Buildings 2021 (ISPSC) Swimming Pool Classifications 2020 (NEC)New articles on type of wiring and installation in Branch Circuits, load calculations on lighting systems Item No. 6.b. City Council Agenda Staff Report Meeting Date: 11/14/2023 Staff Contact: Lauren Mecke AGENDA ITEM: Consider/Discuss/Action on a Resolution regarding the Cedar Ridge Estates, Phase 2, Preliminary Plat. (Planning Manager Lauren Mecke) SUMMARY: 96 Single-family dwelling, detached lots and three common area lots on 24.8± acres located on the south side of County Road 427, 130± feet east of Purdue Road. Zoned: Single-Family Residential (SF-7.2) District. The purpose of the Preliminary Plat is to propose lot and block boundaries and easements necessary for the future construction of the single-family residential development. ISSUES: The applicant is requesting a waiver from an adopted city standard located within the Subdivision Regulations Sec. 9.02.081 (Streets) and variances for the minimum lot depth and minimum lot area within the Zoning Ordinance Sec. 9.04.015 (Single-Family Residential (SF-7.2) District). Subdivision Regulation Waiver Sec. 9.02.081 - (p) Maximum and Minimum Length of Cul-De-Sac Streets. A cul-de-sac street shall not be longer than 600 feet and be a minimum of 400 feet, and at the closed end a cul-de-sac shall have a turnaround bulb with an outside pavement diameter of at least 80 feet and a right-of-way diameter of at least 100 feet. The length of a cul-de-sac shall be measured from the centerline of the intersecting street to the center point of the cul-de-sac bulb. Zoning Ordinance Variance Sec. 9.04.015 - 1. Minimum lot depth: 120 feet - Requesting to reduce 17 lots to a minimum of 110 feet. 2. Minimum lot area: 7,200 square feet - Requesting to reduce 13 lots to a minimum of 6,600 square feet. As outlined in Section 9.04.042 (Board of adjustment) of the Zoning Ordinance, the Board of Adjustment has the authority to permit variances “from the terms of the Zoning Ordinance that will not be contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of this article will result in unnecessary hardship and so that the spirit of this article shall be observed and substantial justice done.” The Commission and Council lacks jurisdiction to approve or deny a variance from the Zoning Ordinance. The approval of the Preliminary Plat simply allows the applicant to move forward and submit the variance request, which will then follow the normal process with the Board of Adjustment. If the Board of Adjustment does not approve the requested variance, the applicant will be restricted to the SF-7.2 SingleFamily Residential District regulations as written in the Zoning Ordinance. Attached (Exhibit B) is the applicants justification letter dated October 19, 2023 associated with the waiver request. 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 proposed cul-de-sac is 356± feet in length, 44± feet shorter than the minimum length required by the regulation. • The proposed cul-de-sac will not compromise public safety or impede emergency access. (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 property was subdivided prior to the current property owner. • The City approved the developer’s request to rezone the property on October 26, 2021 and was not required to have a concept plan at the time. • The regulation for minimum cul-de-sac length was adopted on September 26, 2023. (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 triangular shape of the overall tract is unique. • The proposed development must connect to the streets from the surrounding developments. (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 one standard 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 proposed cul-de-sac will achieve the same result if it were a through street. The cul-de-sac will not compromise public safety or impede emergency access. • Changing the cul-de-sac to a through-street would create more infrastructure for the city to maintain with less lots generating the tax revenue to maintain the infrastructure. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: Neither the Fire Department nor Engineering Division have submitted an objection to the minimum length of the cul-de-sac waiver request. Upon City Council approval of the requested waiver and the Board of Adjustment approval of the variance requests, the Preliminary Plat is in conformance with the city’s Subdivision Regulations and Zoning Ordinance. The Planning & Zoning Commission recommended approval subject to Council approval of the waiver request, Board of Adjustment granting a variance to allow for a reduced lot depth and reduced lot area on specific lots, and 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. Cedar Ridge Estates, Phase 2 Locator Map 2. RESOLUTION Cedar Estates Phase 2 Preliminary Plat 3. Exhibit A (PP) Cedar Ridge Estates, PH 2 4. Exhibit B Waiver Request (PP) Cedar Ridge Estate, PH 2 5. CC 12-12-2023 PP Waiver Cul-de-sac WHITEROCKPENAFLORDRSOONERCTEMMA DR PARK AVE PURD U E R D EMMACT HORSERUNDESCO S T NUTMEG WAYROSEMARYWAYPINEHURSTCTGINGER AVE ZIMME T DR NORMANDYAVECOUNTY ROA D 4 2 7 BRIAR CV INDIAN CREEKACEVESCT MEAD O W LARK L N MEAD O W VIE W L N WOODLAND S TTRISTONST CI NNAMONWAYROBIN S O N D R W E S T G R O V E C I R F A L L C T SAGE ST WOLFRUNCHALK RD CAMBRI D G E A V E P A RSLEY W AY RODEO DRBASI LAVELUP T ON S TSTEFANI ST MEADOW RIDG E D R CARAWAY CT CYRUS S T N POWELL PKWY Copyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 400 800200 Feet October 2023 H:\Notification Maps\Notification Maps\ Preliminary Plat - Cedar Ridge Estates, Phase 2 CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING CEDAR RIDGE ESTATES, PHASE 2, PRELIMINARY PLAT. WHEREAS, In order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas has adopted Article 9.02 (“Subdivision Regulation”) and Article 9.04 (“Zoning Ordinance”) of the Anna City Code of Ordinances; and WHEREAS, Saginaw 106 LTD has submitted an application for the approval of Cedar Ridge Estates, Phase 2, Preliminary Plat; and WHEREAS, The Applicant requests waivers from the following regulations located within the Subdivision Regulations and Design Standards of the City of Anna; •Minimum length of cul-de-sac streets. NOW THEREFORE, BE IT RESOLVED BY THE PLANNING & ZONING COMMISSION 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. Conditional waiver of maximum length of cul-de-sac streets. (a) In granting the waiver as described, the City Council has examined the relevant evidence and finds that: 1. Granting the waiver 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 will not prevent the orderly subdivision of other property in the vicinity; •The proposed cul-de-sac is 356± feet in length, 44± feet shorter than the minimum length required by the regulation. •The proposed cul-de-sac will not compromise public safety or impede emergency access. •The Fire Department and Engineering Division did not submit an objection to the request. 2. The conditions upon which the request for a waivers/suspensions are based is unique to the Property and are not applicable generally to other property; •The property is an existing tract of land. •The City approved the developer’s request to rezone the property on October 26, 2021 and was not required to have a concept plan at the time. •The regulation for minimum cul-de-sac length was adopted on September 26, 2023. 3. 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 triangular shape of the overall tract is unique. 4. 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; •The waiver request is specific to one standard contained within the Subdivision Ordinance. 5. An alternate design will generally achieve the same result or intent as the standards and regulations prescribed herein. •The proposed cul-de-sac will achieve the same result if it were a through street. •The cul-de-sac will not compromise public safety or impede emergency access. •Changing the cul-de-sac to a through-street would create more infrastructure for the city to maintain with less lots generating the tax revenue to maintain the infrastructure. Section 3. Approval of Preliminary Plat The City Council hereby approves Cedar Ridge Estates, Phase 2, Preliminary Plat attached hereto as Exhibit A subject to additions and/or alterations to the engineering plans as required by the Public Works Department. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 14th day of November 2023. ATTEST: APPROVED: _____________________________ ______________________________ City Secretary, Carrie Land Mayor, Nate Pike ABSTRACT NO. 114 JOSIAH C. BRANTLEY SURVEY SAGINAW 106 LTD. CALLED 24.82 ACRES INST. NO. 20211202002450260 O.P.R.C.C.T. SWEETWATER CROSSING, PHASE II INST. NO. 20200512010001640 O.P.R.C.C.T.HORSE RUN(50' ROW)BLOCK B 27 26R 25R 24R 23R 22R 21R INDIAN CREEK (50' ROW) 1234567891011121314151617 BLOCK F 1819 SWEETWATER CROSSING, PHASE I VOL. R, PG. 197 O.P.R.C.C.T. CAMDEN PARC IN ANNA, PHASE 4 INST. NO. 20220222010000710 O.P.R.C.C.T. 28 BLOCK H 1 2 3 4 5 6 7 8 9 10 11 12 13 NUT ME G WAY( 5 0' ROW)ROS E MARY WAY( 5 0' ROW) 1 2 3 4 5 6 7 8 9 13XDRAINAGE ANDDETENTION EASEMENTBLOCK C BLOCK I 10 11 12X P ARS L E Y WAY(50' ROW) 1 2 BLOCK B 3X E O.P.R.C.C.T.INST. NO. 20211202002450260SAGINAW 106, LTDCALLED 24.82 ACRESHOA LOT/DRAI NAGE E AS E ME NTBY T HIS P L ATBLOCK GL OT 16 XHOA LOT DRAINAGE EASEMENT E G G F 16X D B C 12X 27 282930 31 32 16171819202122 232425 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 123456789101112 13 1415 16 G 20' B.L. E D G H H I J 20' B.L. 20' B.L. 20' B.L. 2 0' B. L.20' B.L.20' B.L. 20' B.L. 20' B.L.20' B.L.20' B.L.20' B.L. 20' B.L.20' B.L.20' B.L.20' B.L.15' B.L.20' B.L.1 5' B. L. 1 5' B. L.14'121'133'81'12'1 2 0' 1 2 2' 1 2 2' 1 2 5'147'147'139'132'126'123'122'122'125'129'132'135'138'138'137'139'140'240'120'120'120'181'123'122'178' 120' 121' 121' 121' 112' 112' 113' 113' 114' 114' 115' 116' 116' 115' 114' 113' 113' 111' 110' 1 2 1' 1 2 1' 1 2 6' 1 3 6' 1 4 4' 1 4 2' 1 2 6' 1 2 3' 1 2 4' 146' 9 8'132'120'200'1 3 0' 1 3 2' 1 3 2' 1 2 5'62' 65' 206' 1 5' B. L.1 0 1'36'48'60' 60'60' 54'63' 62 ' 60 '84'129'54'58' 60' 60' 67' 1 3 4' 1 4 0' 77' 60' 60' 61' 60' 63' 104' 60'60'60'60'60'60'60'60'60'60'60'60'60'60'82' 4 3'49'71'121'122'132'137'121'26' 6 0' 6 0' 60' 60' 60' 60' 60' 60' 90'39'45'20' B.L.60'60'60'60'60'60'60'60'60'60'60'57'64'23'66' 9 7'49'106'60'60'60'60'60'60'83'71' 60'60'60'60' 60'60'60'60'60'60' 60' 60'64'60'119' 136' 1 4 0'123'142'153'57'60' 67'65' 61'1 5 '6 4 ' 132' 152' 169' 74' 96' 1 6 2' 87' 60' 59' 57' 59' 59' 60' 70' 81'27'59'83'51' 10'43'120'60'74'7 1'78'1 5' B.L. 15' B.L. 20' B.L. 60' 60' 60' 60' 60' 70' 73' 60' 60' 60'60'60'60'48'128' 11'56' 98' 95' 70' 60' 60' 60' 200' 6 8' 2 6'249' 1 2 8' 266' 6 7' 238' 60' 61 '60 '60'60'60'60' 60'60'60'60'60'60'60'60'60'60'60'60' 60'60'60'60'60'70'139'72'75'65'65'75'122'59'60'60'60' 60'60'60'67'N35°50'20"E868.35'N63°43'52"E 1558.89' (VOL 2 8 7 4, PG 6 2, D.R.C.C.T.)KENNETH W. O'NEAL2 0.0 0 ACRES ROS E MARY WAYWREN DRIVE WREN DRIVE P ARS L E Y WAYNUTMEG WAYSTREET 1CT A50'50'50' 50' 5 0 'R50' 1800'R 200'R 50' R 300'R 5000'R 500'R1500'R50'R800'R 800'R 200'R 25 0'R2 5 0'R53'10'93'93'49'49'50'R50'50' 50'50'V.A.M.E. & S.W.E.25'X25'V.A.M. E. & S.W. E. 2 5'X2 5' V.A.M.E. & S.W.E. 25'X25' V.A.M.E. & S.W.E. 25'X25' V.A.M.E. & S.W.E. 25'X25'V.A.M.E. & S.W.E.25'X25'HORSE RUNHOA LOT/DRAI NAGE E AS E ME NTBLOCK GL OT 53 XSANITARY SEWER EASEMENT VARIABLE WIDTH WATER AND SANITARY SEWER EASEMENTVARIABLE WIDTH WATER AND10' U.E.N: 7185840.40 E: 2565754.90 POINT OF BEGINNING BLOCK E, LOT 16X 0.2ACHOA LOT/EASEMENT0.1 ACBL OCK H, L OT 6 XE AS E ME NTHOA L OT/ DRAI NAGE 0.2 ACCOUNTY ROAD 4 2 7 STREET 1 STREET 159'122' 66'142' 120' 76' 120' 9 3. 1 8'N2 1 ° 5 3' 3 3 "WS5 8°3 5'3 3"E2 7 4.5 7'S35°29'37"W771.75'S2°58'58"E733.91'N89°11'21"W1696.20' 49.81' N63°29'33"E 27.98'N0°40'37"E59.8'N2°55'6"E71.41' N87°14'29"E 90.15'60.17' N87°7'39"W N89°12'1"W S86°58'35"W 47.54' 71 .94 'N81°24 '0"W S55°31'15"W19.92' 44.77' S70°42'7"W 1 0 3. 1 1' S 2 6 °3 0'2 7 " E 2 7.65'N1 9 °2' 5 5"W3 0. 8 3' S 2 6 °3 0'2 7 " E 46.23' N53°52'13"E 174.02'S2°58'56"E25' S87°1'4"W 131.51'S55°8'28" E 36.02'N54°15'20"WC1 C2 C3 C4 C5 C6 C7 C8 C9C10C11C12 C1 3 C14 C15 C16 C1 7 C18C19C2 0 C2 1 31'1 2 0'130' 33.88'1 1 9'110' 14 0' 126' 8 0 ' 138' 121' S38°30'01"E 111.04' N63°29'33"E 50.77'N29°6'30"E519.69'N35°6'34"EC22C2378.53' N0°0'35"E 12.23' N0°47'59"E47.89'N2°5'8"WC24121' ANNA CITY LIMIT ETJ LIMIT ANNA CITY LIMIT ETJ LIMIT 0' GRAPHIC SCALE N 09:08AM on Monday, October 30, 2023Plotted on:S:\projects\610\Entitle\Potential sites\Sing\CedarRidge ph2 preliminary plat_61389-00_20230822\CedarRidgeEstates_ph2_pplat_rev_with pad_20231013.sht 100'200' JOB NO. PP_REVISION DATE PP_SUBMITTAL DATE PP_APPROVE DATE REFERENCE CASE NUMBER: PRELIMINARY PLAT ZONING FINAL PLAT LOCATION MAP NOT-TO-SCALE SITE SH 75SH 6 CR 42 7CR 427CR 371 LAND USE SUMMARY USES ±AC DENSITY TOTAL RESIDENTIAL LOTS NON UNITS RESIDENTIAL 3.9 PRIVATE OPEN SPACE 96 96 R.O.W. DEDICATION 3 3 24.8 0.5 5.1 19.2 61389 - 00 8-30-2023 USES MINIMUM LOT AREA MINIMUM LOT WIDTH MINIMUM LOT DEPTH MINIMUM FRONT YARD MINIMUM SIDE YARD MINIMUM REAR YARD MINIMUM LOT COVERAGE DWELLING SIZE ADJACENT TO STREET MINIMUM REAR YARD A LOT TYPE B LOT TYPE 7,200 SF 6,600 SF 60'60' 120'110' 20'20' 20'20' 15'15' 5'5' 50%50% 3,250 SF 3,250 SF CERTIFICATE OF APPROVAL APPROVED on this the Mayor City Secretary day of , 20 , 25' X 25' SIDEWALK RESIDENTIAL STREET CENTERLINERESIDENTIAL STREET CENTERLINE TYPICAL STREET INTERSECTION NOT-TO-SCALER.O.W.R.O.W.R.O.W.R.O.W. VISIBILITY AND MAINTENANCE 25' X 25' SIDEWALK VISIBILITY AND MAINTENANCE EASEMENT (TYP)EASEMENT (TYP) ANGLE MAY VARY ANGLE MAY VARY DIMENSION DETAIL TYPICAL LOT TYPE A NOT-TO-SCALE 5''5'' FRONT REAR DIMENSION DETAIL TYPICAL LOTTYPE B NOT-TO-SCALE 5''5'' FRONT REAR BUILDING LINE BUILDING PAD BUILDING PAD BUILDING LINE'60' MIN 20' MIN120' MIN 110' MIN20' MIN60' MIN 20' MIN20' MINOF PRELIMINARY PLAT PLANNED DEVELOPMENT CEDAR RIDGE ESTATES PHASE 2 LOT 16-54, 53X, BLK G; LOT 1-17, 6X, BLK H; LOT 27-32, BLK D; LOT 13-16, 16X, BLK E; TEXAS. BRANTLEY SURVEY, ABSTRACT NUMBER 114, IN COLLIN COUNTY, BEING A 24.803 ACRES OF LAND SITUATED IN THE JOSIAH.C. FORT WORTH SAN ANTONIO AUSTIN HOUSTON DALLAS TEXAS BOARD OF PROFESSIONAL ENGINEERS, FIRM REGISTRATION #470 201 MAIN STREET, STE 901, FORT WORTH, TX 76102 817.870.3668 PAGE 1 OF 1 PHASE 1 CEDAR RIDGE ESTATES CURVE # C1 C2 C3 C4 C5 C6 C7 RADIUS 500.00' 1500.00' 5000.00' 5000.00' 1800.00' 1800.00' 200.00' DELTA 02°04'22" 03°08'24" 05°40'54" CHORD BEARING CHORD LENGTH 49.14' 59.61' 178.49' C8 C9 C10 C11 C12 C13 C14 2000.00' 800.00' 800.00' 800.00' 15°10'52" 02°14'29" 62°48'55" 79.49' 72.25' 78.24' 54.82' 238.50' C15 C16 C17 C18 C19 C20 C21 200.00' 300.00' 300.00' 250.00' 200.00' 09°37'20" 11°59'34" 22°23'29" 02°03'49" 09°57'18" 12°54'16" 9.00' 43.44' RADIUS RADIUSCHORD BEARING CHORD BEARINGCHORDLENGTH CHORD LENGTHDELTADELTACURVE #CURVE # 300.00' 50.00' 50.00' 250.00' 250.00' 05°37'52" 00°40'59" 05°56'31" 43°04'45" 82°47'26" 07°27'32" 07°27'32" 17°04'52" 35°31'05" 54.26' 186.67' 150.37' 104.15' 104.15' 33.59' 56.31' 123.98' N89°56'35"W N88°9'50"W S88°32'48"W S89°56'51"W N84°14'27"W S77°3'37"W 49.12' 54.26' 59.61' 273.99' 186.59' 178.42' 146.86' S63°6'41"W N67°54'10"W N1°47'52"E N32°5'5"E N67°13'19"E N22°46'41"W N62°24'39"E N58°40'53"E N56°9'28"W N62°11'8"W N60°42'28"W 33.55' 43.38' 56.19' 9.00' 79.26' 66.13' 78.24' 52.11' 104.07' 104.07' 237.61' STREET CENTERLINE CURVE TABLE LOT 1-14, BLK I; LOT 1-16, BLK J 25'X25' V.A.M.E. & S.W.E. DETACHED SINGLE FAMILY RESIDENTIAL EMAIL: TERRY@PIERCEMURRAY.COM CONTACT: TERENCE A MURRAY TBPLS FIRM NO. 10194437 TEL: (903)539-2256 TEL: (817) 239-5646 TYLER, TEXAS 75703 800 TALLYHO CIRCLE, PIERCE - MURRAY LAND SOLUTIONS SURVEYOR: PERMIT PURPOSES. CONSTRUCTION OR IT IS NOT FOR AUGUST 29, 2023. MICHELLE LASA AUTHORIZATION OF UNDER THE "REVIEW PURPOSES" RELEASED FOR THIS DOCUMENT IS INSURANCE COMPANY WITH AN EFFECTIVE DATE OF JUNE 30, 2021, ISSUED JULY 20, 2021. DESCRIBED IN FILE NO. 21-608869-MM, SCHEDULE "B", ITEM 10 OF FIRST NATIONAL TILE THIS SURVEY WAS PERFORMED IN CONNECTION WITH THE TRANSACTION 8. ADVERSE IMPACT TO ADJACENT PROPERTIES. UPON APPROVAL OF A FLOOD STUDY AND DRAINAGE PLAN DEMONSTRATING NO THE FINAL LOCATION AND NUMBER OF LOTS SHOWN HEREIN ARE CONTINGENT 7. FINAL PLAT. THE DEVELOPER SHALL DEDICATE ALL REQUIRED TRAIL EASEMENTS WITH THE 6. PANEL 0160J WITH AN EFFECTIVE DATE OF JUNE 2, 2009. THE SUBJECT PROPERTY IS LOCATED IN DESIGNATED ZONE X AS ILLUSTRATED PER 5. CENTRAL ZONE (4202) NORTH AMERICAN DATUM 1983 (NA2011) EPOCH 2010.00. BEARINGS ARE BASED ON TEXAS STATE PLANE COORDINATE SYSTEM, NORTH 4. ALL PARK AND PRIVATE OPEN SPACE WILL BE MAINTAINED BY THE HOA.3. PROPOSED ZONING IS PLANNED DEVELOPMENT.2. THE PROPERTY IS IN THE CITY OF ANNA.1. NOTES: MY COMMISSION EXPIRES ON: _________________ NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS . , 20, DAY OF GIVEN UNDER MY HAND AND SEAL OF OFFICE ON THIS THE THEREIN STATED. PURPOSES AND CONSIDERATION THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED AND AS THE ACT AND DEED SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE EXECUTED THE SAME FOR THE , KNOWN TO ME TO BE THE PERSON WHOSE NAME IS APPEARED, BEFORE ME, THE UNDERSIGNED AUTHORITY, A NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS, ON THIS DAY PERSONALLY )(COUNTY OF COLLIN )(STATE OF TEXAS ., 20 DAY OF WITNESS, MY HAND, THIS THE THIS APPROVED SUBJECT TO ALL PLATTING ORDINANCES, RULES, AND REGULATIONS OF THE CITY OF ANNA, TEXAS. THE NECESSITY AT ANY TIME OF PROCURING PERMISSION FROM ANYONE. MAINTAINING, READING METERS, AND ADDING TO OR REMOVING ALL OR PARTS OF THEIR RESPECTIVE SYSTEMS WITHOUT THEIR RESPECTIVE EASEMENTS FOR THE PURPOSE OF CONSTRUCTING, RECONSTRUCTING, INSPECTING, PATROLLING, CITY OF ANNA AND PUBLIC UTILITY ENTITIES SHALL AT ALL TIMES HAVE THE FULL RIGHT OF INGRESS AND EGRESS TO OR FROM INTERFERE WITH THE CONSTRUCTION, MAINTENANCE, OR EFFICIENCY OF THEIR RESPECTIVE SYSTEMS IN SAID EASEMENTS. THE BUILDINGS, FENCES, TREES, SHRUBS, OR OTHER IMPROVEMENTS OR GROWTHS WHICH MAY IN ANY WAY ENDANGER OR CITY OF ANNA AND PUBLIC UTILITY ENTITIES SHALL HAVE THE RIGHT TO REMOVE AND KEEP REMOVED ALL OR PARTS OF ANY ACCOMMODATION OF ALL PUBLIC UTILITIES BEING SUBORDINATE TO THE PUBLIC'S AND CITY OF ANNA'S USE THEREOF. THE INDICATED ON THIS PLAT. IN ADDITION, UTILITY EASEMENTS MAY ALSO BE USED FOR THE MUTUAL USE AND EASEMENTS AND PUBLIC USE AREAS, AS SHOWN, ARE DEDICATED FOR THE PUBLIC USE FOREVER, FOR THE PURPOSES FOREVER, THE STREETS AND ALLEYS SHOWN THEREON. THE STREETS AND ALLEYS ARE DEDICATED FOR STREET PURPOSES. THE , AN ADDITION TO THE CITY ANNA, TEXAS, AND DOES HEREBY DEDICATE, IN FEE SIMPLE, TO THE PUBLIC USE PHASE 2 CEDAR RIDGE ESTATES, HEREBY ADOPT THIS PLAT DESIGNATING THE HEREINABOVE DESCRIBED PROPERTY AS , ACTING HEREIN BY AND THROUGH IT'S DULY AUTHORIZED OFFICERS, DOES SAGINAW 106 LTD THAT, NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: )(COUNTY OF COLLIN )(STATE OF TEXAS OWNER'S CERTIFICATE: CERTIFICATION DATE: AUGUST 29, 2023 FIRM REGISTRATION NO. 10194437 TEXAS REGISTRATION NO. 6059 REGISTERED PROFESSIONAL LAND SURVEYOR PIERCE - MURRAY LAND SOLUTIONS AND SPECIFICATIONS FOR A CATEGORY 1A, CONDITION II SURVEY. THIS SURVEY SUBSTANTIALLY COMPLIES WITH THE CURRENT TEXAS SOCIETY OF PROFESSIONAL LAND SURVEYORS STANDARDS SHOWN. THERE ARE NO ENCROACHMENTS, EASEMENTS, CONFLICTS, OR PROTRUSIONS APPARENT ON THE GROUND EXCEPT AS MADE O THE GROUND UNDER MY DIRECTION AND SUPERVISION IN AUGUST 2020, AND THAT ALL CORNERS ARE AS SHOWN. CERTIFY THAT THE MAP SHOWN HEREON ACCURATELY REPRESENTS THE DESCRIBED PROPERTY AS DETERMINED BY A SURVEY , REGISTERED PROFESSIONAL LAND SURVEYOR OF THE STATE OF TEXAS, DO HEREBY TERENCE A MURRAY I, SURVEYOR'S CERTIFICATE: EMAIL: MLasa@PAPE-DAWSON.COM CONTACT: MICHELLE LASA, P.E. TBPLS FIRM NO. 470 TEL: (817) 870-3668 FORT WORTH, TEXAS 76102 201 MAIN STREET, SUITE 901 PAPE-DAWSON ENGINEERS ENGINEER: TEL: (817) 731-7595 FORT WORTH, TEXAS 76116 3045 LACKLAND ROAD, SAGINAW 106 LTD OWNER / DEVELOPER: * * * * * * * * ** * * * * * * by the City Council, City of Anna, Texas. BLOCK D BLOCK E BLOCK G BLOCK H BLOCK I BLOCK J LOT 27 LOT 13 LOT 1 LOT 2 LOT 3 LOT 4 LOT 5 LOT 6 LOT 1 LOT 2 LOT 3 LOT 4 LOT 5 LOT 6 LOT 7 LOT 8 LOT 9 LOT 10 LOT 11 LOT 12 LOT 13 LOT 14 LOT 7 LOT 8 LOT 1 LOT 2 LOT 3 LOT 4 LOT 5 LOT 6 LOT 7 LOT 8 LOT 9 LOT 10 LOT 11 LOT 12 LOT 13 LOT 14 LOT 15 LOT 16 LOT 17 LOT SUMMARY (SQ. FT.) 10790 LOT 15 LOT 16 LOT 9 LOT 10 LOT 11 LOT 12 LOT 13 LOT 16X LOT 14 LOT 15 LOT 16 LOT 28 LOT 29 LOT 30 LOT 31 LOT 32 LOT 16 LOT 36 LOT 17 LOT 18 LOT 19 LOT 20 LOT 21 LOT 22 LOT 23 LOT 24 LOT 25 LOT 26 LOT 27 LOT 28 LOT 29 LOT 30 LOT 31 LOT 32 LOT 33 LOT 34 LOT 35 LOT 37 LOT 38 LOT 39 LOT 40 LOT 41 LOT 42 LOT 43 LOT 44 LOT 45 LOT 46 LOT 47 LOT 48 LOT 49 LOT 50 LOT 51 LOT 52 LOT 53 LOT 54 LOT 14 8806 8219 8267 8376 9123 7800 7255 7292 7570 8155 7688 7336 7706 11591 11102 12462 8164 9462 9529 7233 7202 7200 7211 7307 7389 7520 7605 8495 10167 8130 8841 7982 7683 7668 8742 11555 10642 7569 9854 13398 11394 7417 7467 9267 13596 17564 21699 8932 8593 8116 7733 7470 7327 7301 7477 7598 7833 8032 8188 10079 10269 8618 8366 7846 7349 7279 7383 9343 7461 7002 6957 5603 6873 6827 6782 6736 6690 7780 10790LOT 16X* *LOT 53X *LOT 6X 10790LOT 16X 10790LOT 16X*OPEN SPACE LOT * N89°32'31"W 274.03 62.79'N57°29'46"E 116.5'N40°18'15"E 122.01'S20°44'28"E C22 C23 C24 15.11'S0°38'35"E S1°2'17"E 10.97' N32°6'32"E 31.41'300.00' 300.00' 300.00' 06°00'03"31.42' 10.97' 15.11' 02°05'43" 02°53'07" 117.24 62.68' 7929 10682 6825 6801 6777 6753 6729 6701 8385 11927 9383 7200 7200 7200 9549 12694 10151 9745 13013 9515 * NOT STANDARD LOT PER 'SF-72' ZONING STANDARD, VARIANCE REQUESTED. PROPOSED ZONING IS PLANNED DEVELOPMENT.PROPOSED ZONING IS PLANNED DEVELOPMENT.PROPOSED ZONING IS PLANNEDEXISTING ZONING IS SF-72. PLANNED DEVELOPMENT PLANNED DEVELOPMENT NNED DEVELOPMSF-72 ZONING EXHIBIT A P&Z COMMISSION CITY OF ANNA APPROVED NOVEMBER 14, 2023 CITY COUNCIL CITY OF ANNA APPROVED NOVEMBER 6, 2023 October 19, 2023 City of Anna City Council City of Anna 120 W. 7th Street Anna, TX 75409 RE: Cedar Ridge Phase 2– Waiver Request Council Members: Pape-Dawson Engineers, Inc. represents Cedar Ridge Phase 2, a property owned by Saginaw 106 LTD. Cedar Ridge Phase 2 is approximately 25 acres containing 96 single-family residential lots, located near the intersection of County Road 427 and County Road 425 in Anna, Texas. We are respectfully requested the preliminary plat be approved with the following waiver: Subdivision Regulations Sec 9.02.081 Streets (p) Maximum and Minimum Length of Cul-De-Sac Streets states, a cul-de-sac street shall not be longer than 600 feet and be a minimum of 400 feet. The cul-de-sac proposed on the preliminary plat does not meet the minimum 400 feet requirement due to the unusual shape and existing subdivisions on three sides of the property. Please let me know if you have any further questions, comments, or concerns regarding this waiver request for the Cedar Ridge Phase 2. Sincerely, Pape-Dawson Engineers, Inc. Michelle Lasa, P.E. Project Manger IT IS NOT FOR CONSTRUCTION OR PERMIT PURPOSES. 08/28 10/1 Agenda Item #7.a. Consider/Discuss/Action on the Cedar Ridge Estates, Phase 2, Preliminary Plat. Waiver Request Minimum Cul-De- Sac length of 400 feet Request: 356 feet Planning & Zoning Commission recommended approval of the Preliminary Plat subject to:   1.City Council approval of the waiver request; 2.Board of Adjustment granting a variance to allow for a reduced lot depth and reduced lot area; and 3.Additions and/or alterations to the engineering plans as required by the Public Works Department. Item No. 6.c. City Council Agenda Staff Report Meeting Date: 11/14/2023 Staff Contact: Gregory Peters AGENDA ITEM: Consider/Discuss/Action on a Resolution authorizing the City Manager to execute purchase orders with Garney Companies, Incorporated, related to the procurement of wastewater treatment equipment for the Hurricane Creek Wastewater Treatment Plant. (Assistant City Manager Greg Peters, P.E.) SUMMARY: This item is to authorize the City Manager to direct the Construction Manager At Risk for the Hurricane Creek Regional Wastewater Treatment Plant, Garney Companies, Incorporated, to purchase the temporary treatment package from Kubota Membrane USA in an amount not to exceed $9.3 Million. The FY23-24 Capital Improvement Plan budget includes a total of $71.5 million in project funding for design, construction, and land acquisition. The funding source includes $65 million in Utility Bond funds and $6.5 million in Utility Infrastructure Funds. This agenda item is fully funded in the FY23-24 CIP as a part of the approved funding for the Hurricane Creek Regional Wastewater Treatment Plant. Instead of approving the entire project cost in a single item, staff will return to the City Council at project milestones to approve funding for the specific equipment and/or construction needed at that time. FINANCIAL IMPACT: Funding for the Hurricane Creek Regional Wastewater Treatment Plant project was appropriated in the FY2024 Community Investment Program budget in the amount of $71.5 million from the Utility Bond Fund and Utility Infrastructure Investment Fund. The estimated cost of this portion of the project scope is $9,300,000. BACKGROUND: The City Council of the City of Anna awarded a contract to Garney Companies, Incorporated for the Construction Manager At Risk role on the Hurricane Creek Regional Wastewater Treatment Plant facility on July 25, 2023. Garney is responsible for procuring all necessary equipment, materials, and contracts for the construction of the facility. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Resilient. ATTACHMENTS: 1. Resolution - Hurricane Creek WWTP Purchase Temp Plant Equipment with Quote CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE PURCHASE ORDERS IN THE AMOUNT NOT TO EXCEED NINE MILION THREE HUNDRED THOUSAND DOLLARS AND ZERO CENTS ($9,300,000.00) TO GARNEY COMPANIES, INCORPORATED, FOR THE PROCUREMENT OF WASTEWATER TREATMENT EQUIPMENT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Hurricane Creek Regional Wastewater Treatment project is identified as a Community Investment Program construction project in the City of Anna, Texas; and, WHEREAS, the City completed a publicly advertised request for proposals process for Construction Manager At Risk Services for the project, and opened the proposals on June 29, 2023; and, WHEREAS, Council awarded the contract to Garney Companies, Incorporated to represent the City of Anna as the Construction Manager At Risk for the project in Resolution 2023-07-1495, approved by the City Council on July 25, 2023; and, WHEREAS, Garney Companies, Incorporated utilized the design plans and specifications for the project to obtain pricing for the purchase of equipment from Kubota Membrane USA for wastewater treatment equipment; and, WHEREAS, funding for the project, including the above specified equipment, is included in the adopted Fiscal Year 2023-2024 Budget, as shown in the City of Anna Capital Improvement Plan; and, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Authorization of Payment and Funding. That the City Council of the City of Anna hereby authorizes the City Manager to execute Purchase Orders in an amount not to exceed $9,300,000 to Garney Companies, Incorporated, for the purchase of wastewater treatment equipment from Kubota Membrane USA. That funding shall come from the Utility Bond Funds as adopted in the Capital Improvement Plan included in the FY23-24 Fiscal Year Budget. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this ___ day of November 2023. ATTEST: APPROVED: __________________________ __________________________ City Secretary, Carrie Land Mayor, Nate Pike HURRICANE CREEK REGIONAL WATER RECLAMATION FACILITY & TEMPORARY TREATMENT FACILITY CITY OF ANNA Amendment Proposal No. 1 – Pre-Selected Temporary Treatment Facility MBR Equipment - Kubota SUBMITTED BY: GARNEY COMPANIES, INC. 1700 Swift Street North Kansas City, MO 64116 1700 Swift Street, North Kansas City, MO 64116 Phone: 816.741.4600 www.garney.com Justin Clay November 6, 2023 CIP Manager 120 W 7th ST Anna, Texas 75409 RE: Hurricane Creek Regional Water Reclamation Facility & Temporary Treatment Facility Subject: Amendment Proposal No. 1 Transmittal Letter Mr. Clay, Garney Companies, Inc. is pleased to submit the attached Amendment Proposal No. 1 for the Hurricane Creek Regional Water Reclamation Facility & Temporary Treatment Facility for Council review and approval. This proposal is submitted per Paragraph 9.03 of the agreement between Garney Companies, Inc., and the City of Anna. This Amendment Proposal is for the following pre-selected equipment packages. PS 1.01 - TTF Kubota MBR Procurement (46 07 53 – MBR Equipment). Garney is excited to start construction and be an integral part of this project for the City of Anna. Please contact Garney directly if there are any questions regarding this Amendment Proposal. Sincerely, GARNEY COMPANIES, INC. Jeremy Miller Project Manager CC: Patrick Vidonish – Garney Mark Miner – Garney Todd Strouse – Kimley-Horn 1700 Swift Street, North Kansas City, MO 64116 Phone: 816.741.4600 www.garney.com TABLE OF CONTENTS Transmittal Letter Table of Contents Tab 1 Executive Summary Tab 2 List of Drawings, Specifications and Other Contract Documents Tab 3 Description of Variations, Substitutions, Clarifications and Assumptions Tab 4 Cost of Work Breakdown Tab 5 Schedule Information Tab 6 Other Documentation Tab 1 1700 Swift Street, North Kansas City, MO 64116 Phone: 816.741.4600 www.garney.com Justin Clay November 6, 2023 CIP Manager 120 W 7th ST Anna, Texas 75409 RE: Hurricane Creek Regional Water Reclamation Facility & Temporary Treatment Facility Subject: Executive Summary – Amendment Proposal No. 1 Mr. Clay, In accordance with the Agreement between Garney Companies, Inc., and the City of Anna, Garney is pleased to provide attached proposal in the amount of $9,273,635.00 (Per the attached Cost of Work Breakdown) for the Hurricane Creek Regional Water Reclamation Facility & Temporary Treatment Facility, and requests that the City of Anna authorize this by amendment to the Original Agreement. Garney is submitting this proposal, with attachments listed in the Table of Contents, in accordance with the paragraph 9.03 of the Construction Manager at Risk Services Agreement for the Hurricane Creek Regional Water Reclamation Facility & Temporary Treatment Facility. This proposal includes the following scope of work. PS 1.01 - TTF Kubota MBR Procurement (46 07 53 – MBR Equipment) – The procurement of 0.5 MGD Temporary MBR Treatment packaged plant manufactured by Kubota Membrane USA. This package includes procurement, fabrication, delivery, and startup services. Installation of the equipment will be included in a forthcoming bid package. Upon approval and receipt of an amendment to the Original Agreement, Garney will finalize contract negotiations with suppliers/subcontractors as applicable to move forward with the procurement of this equipment in accordance with the requirements of the agreement. The price included in this proposal is contingent upon Garney being able to successfully enter into a contract with the supplier/subcontractor. Future Amendments will be forthcoming and will include Bid Packages for the Temporary Treatment Facility, Preselected Equipment and Bid Packages for the Regional Water Reclamation Facility. Please contact Garney directly if there are any questions regarding the Preselected Package, Cost of Work or associated Construction Manager at Risk fees included in this proposal. Sincerely, GARNEY COMPANIES, INC. Jeremy Miller Project Manager Cc: Patrick Vidonish - Garney Mark Miner – Garney Todd Strouse – Kimley-Horn Tab 2 1700 Swift Street, North Kansas City, MO 64116 Phone: 816.741.4600 www.garney.com TAB 2 – LIST OF DRAWINGS AND SPECIFICATIONS AND OTHER CONTRACT DOCUMENTS Drawings: Hurricane Creek Temporary Treatment Facility – 100% Design – Dated August 2023. Specifications: Hurricane Creek Temporary Treatment Facility – 100% Technical Specifications – Sealed 6/23/2023. Other Documents: Kubota Membrane USA’s proposal for Anna, TX Temporary Package MBR System dated October 24, 2023. Tab 3 1700 Swift Street, North Kansas City, MO 64116 Phone: 816.741.4600 www.garney.com TAB 3 – DESCRIPTION OF VARIATIONS, SUBSTITUTIONS, CLARIFICATIONS AND ASSUMPTIONS PROPOSED TO THE DRAWINGS AND SPECIFICATIONS. Clarifications: Drawings: 1. Sheet M-400 through M-410. a. Garney takes exception to these drawings in their entirety. Specifications: 1. Section 46 07 53 – Membrane Bioreactor Wastewater Treatment Equipment a. Garney takes exception to this section in its entirety. 2. Section 40 61 00 – I&C General Requirements a. Garney takes exception to this section in its entirety. 3. Section 40 67 00 – I&C Control Panels a. Garney takes exception to this section in its entirety. This Amendment Proposal is based solely on the attached Kubota Membrane USA’s proposal for Anna, TX Temporary Package MBR System dated October 24, 2023, including all Qualifications, Assumptions and Exclusions included therein. (See Tab 6) Exclusions: 1. Installation of equipment. (Installation will be included in a forthcoming bid package) 2. See all exclusions listed in Kubota Membrane USA’s proposal. Tab 4 1700 Swift Street, North Kansas City, MO 64116 Phone: 816.741.4600 www.garney.com TAB 4 – COST OF WORK BREAKDOWN. BID PACKAGE DESCRIPTION QUANTITY UNIT UNIT PRICE EXTENSION PS 1.01 TTF KUBOTA MBR PROCUREMENT (46 07 53 - MBR EQUIPMENT)1.0 Lump Sum 8,392,429.00$ 8,392,429.00$ -$ -$ -$ -$ BID PACKAGE SUBTOTAL 8,392,429.00$ -$ -$ -$ -$ -$ ALLOWANCES SUBTOTAL -$ CMAR GENERAL CONDITIONS (SEE BELOW)0.00% % of BP & ALLOW 8,392,429.00$ -$ CMAR CMAR FEE 8.00% % of ALL COW 8,392,429.00$ 671,395.00$ CMAR CMAR CONTINGENCY 2.50% % of ALL COW 8,392,429.00$ 209,811.00$ CMAR FEES SUBTOTAL 881,206.00$ AMENDMENT PROPOSAL NO. 1 TOTAL 9,273,635.00$ HURRICANE CREEK REGIONAL WATER RECLAMATION FACILITY & TEMPORARY TREATMENT FACILITY AMENDMENT PROPOSAL NO. 1 SUMMARY GENERAL CONDITIONS ARE NOT INCLUDED AT THIS TIME. UPON NEGOTIATION OF THE GENERAL CONDITIONS PERCENTAGE, THE GENERAL CONDITIONS ASSOCIATED WITH THE ABOVE COST OF WORK WILL BE INCLUDED IN A FUTURE AMENDMENT. PS 1.01 ITEM BID DESCRIPTION QUANTITY UNIT UNIT PRICE EXTENSION 1.00 TTF KUBOTA MBR PROCUREMENT (46 07 53 - MBR EQUIPMENT) - PER KUBOTA'S PROPOSAL 1.0 Lump Sum 8,371,500.00$ 8,371,500.00$ 2.00 -$ 3.00 -$ 4.00 -$ 5.00 -$ ADDITIONAL ITEMS QUANTITY UNIT BID PACKAGE SUBTOTAL 8,371,500.00$ 1.00 SUPPLY BOND - PER ATTACHED EMAIL FROM KUBOTA 1.0 Lump Sum 20,929.00$ 20,929.00$ 2.00 -$ 3.00 -$ 4.00 -$ 5.00 -$ ADDITIONAL ITEMS SUBTOTAL 20,929.00$ BID PACKAGE TOTAL COST 8,392,429.00$ TTF KUBOTA MBR PROCUREMENT (46 07 53 - MBR EQUIPMENT) Tab 5 1700 Swift Street, North Kansas City, MO 64116 Phone: 816.741.4600 www.garney.com TAB 5 – SCHEDULE INFORMATION. 1. Additional schedule information is forthcoming. Lead times associated with this procurement are shown on page 9 of Kubota Membrane USA’s attached proposal. Tab 6 1700 Swift Street, North Kansas City, MO 64116 Phone: 816.741.4600 www.garney.com TAB 6 – OTHER DOCUMENTATION Firm Proposal for Anna, TX Temporary Package MBR System MBR System October 24, 2023 Prepared By: Kubota Membrane USA 11807 North Creek Parkway S., Suite B-109 Bothell, WA 98011 425-898-2858 Local Representation By: Environmental Improvements, Inc. Fred Willms 972-436-2536 fwillms@ei2water.com October 24, 2023 I am pleased to present the attached materials for your consideration regarding the proposed temporary package Kubota membrane bioreactor (MBR) system for the Anna, TX WWTP project. Our bid includes a detailed scope of supply, lead times, payment terms, and warranty specifications. Our scope of supply has been revised based on recent team meetings to add the following: • Fine screen system support platform • Non-potable water system • Sludge dewatering box • Effluent weir box • SP337 membrane units in lieu of RM200 units for MBR • Removal of caustic chemical pumps • Removal of screenings conveyor • KSB Submersible Pumps and Mixers in lieu of Flygt If you have any questions regarding our proposal, please feel free to contact us or our local representative, Fred Willms of Environmental Improvements, Inc. at 982-436-2536 or fwillms@ei2water.com. Regards, Brian Codianne Regional Manager KUBOTA Membrane USA Corporation Cell: 425-898-3888 Email: brian.codianne@kubota.com Table of Contents 1 Scope of Supply ..................................................................................................................................... 1 1.1 Equipment and Instrumentation to be provided by KMU ............................................................ 1 1.2 Direct Services ............................................................................................................................... 8 1.3 Lead Times .................................................................................................................................... 9 1.4 Exclusions to Kubota Scope of Supply........................................................................................... 9 2 Warranty ............................................................................................................................................. 10 2.1 Equipment Warranty .................................................................................................................. 10 2.2 Membrane Warranty .................................................................................................................. 10 2.3 Limitation of the Warranties ....................................................................................................... 11 2.4 Warranty Action .......................................................................................................................... 11 3 Kubota MBR System Price ................................................................................................................... 11 3.1 Kubota Payment Terms ............................................................................................................... 12 Kubota Terms and Conditions ..................................................................................................................... 13 Tables Table 1: Equipment and Instrumentation in Kubota’s Scope of Supply ........................................................ 1 Table 2: T raining and Workshops Included in Kubota’s Scope of Supply ...................................................... 8 Table 3: Price for Proposed Kubota MBR Equipment and Equipment ......................................................... 11 ANNA, TX TEMP PACKAGE MBR SYSTEM WWTP PAGE 1 Kubota Membrane USA Corporation 2023 This document is the property of KUBOTA Corporation. This document may not be duplicated and/or published without prior written consent of the owner. 1 Scope of Supply The following proposed items will be supplied by Kubota Membrane USA and are included in the prices that are listed in this document These are the items as required by the specification dated May 25, 2023, with assumptions and changes made as needed to create a working MBR system. 1.1 Equipment and Instrumentation to be provided by KMU Table 1: Equipment and Instrumentation in Kubota’s Scope of Supply Name Type and Model Anticipated Size and HP Manufacturer Quantity Fabricated Steel or Aluminum Equipment EQ Skids EQ skid with one EQ tank as shown in the provided drawings. Coated Carbon Steel. 58’L x 12’W x 12’H Kubota 2 MBR System Skids MBR system skid with one AX tank, one PA tank, three MBR tanks, and an upper and lower equipment deck as shown in the provided drawings. Coated Carbon Steel. 65’L x 12’W x 12’H Kubota 4 SHT Skids1 SHT skid with one DIG tank as shown in the provided drawings. Coated Carbon Steel. 37.5’L x 12’W x 12’H Kubota 2 MBT Skid MBT Skid with one MBT tank, two lower equipment decks, and one MBT access porch and ladder as shown in the provided drawings. Coated Carbon Steel. 20’L x 12’W x 12’H Kubota 1 EQ Splitter Box Splitter box to split flow into four and direct into the four MBR systems. Coated Carbon Steel. 7.5’L x 6.25’W x 3.5’H Kubota 1 Effluent Discharge Box Effluent discharge box to retain NPW 5'L x 6'W x 6.5'H Kubota 1 Walkways EQ access walkway, MBR system walkways, and SHT access walkway as shown in the provided drawings. -- Kubota 5 Fine Screen Platform To Support and access the elevated Fine Screen equipment. -- Kubota 1 Stairs Four (4) sets of stairs to access the MBR system walkways, one (1) set of stairs to access the EQ tank walkway, one (1) set of stairs to access SHT tank walkway, one (1) set of stairs to access MBT upper level porch, and -- Kubota 8 ANNA, TX TEMP PACKAGE MBR SYSTEM WWTP PAGE 2 Kubota Membrane USA Corporation 2023 This document is the property of KUBOTA Corporation. This document may not be duplicated and/or published without prior written consent of the owner. Name Type and Model Anticipated Size and HP Manufacturer Quantity one (1) set of stairs to access Fine Screen Platform as shown in the provided drawings. Fine Screen Equipment Fine Screen Perforated Plate Screen ROTAMAT RPPS 1000/2, 2 MGD, TSS 250 mg/L 2 HP Huber 2 Fine Screen Control Panel Control Panel -- Huber 1 Equalization Zone (EQ) Equipment EQ Mixers Submersible Anamix C 2925 58’ L x 12’ W x 12’ H 2.3 HP KSB 4 EQ Pumps Submersible KRTK 100-253 584 gpm @ 18’ TDH 5 HP KSB 2 EQ Pump Flow Meter Electromagnetic SITRANS FW MAG 5100 W (Remote) 6” Siemens 1 Level Switch Float -- GEM or Equal 4 Level Transmitter Submersible VL2113 -- PMC or Equal 1 Anoxic Zone (AX) Equipment Anoxic Mixer Submersible Anamix C 2925 14.7'L x 12’W x 12’H 2.3 HP KSB 4 Pre-Aeration Zone (PA) Equipment Pre-Aeration Diffusers Fine Bubble MiniPanel MP3 Duplex 172 scfm EDI 4 sets Level Switch Float -- GEM or Equal 8 Level Transmitter Submersible VL2113 -- PMC or Equal 4 pH Sensor Probe pHD sc -- Hach 4 Dissolved Oxygen Sensor Probe LDO Model 2 -- Hach 4 ANNA, TX TEMP PACKAGE MBR SYSTEM WWTP PAGE 3 Kubota Membrane USA Corporation 2023 This document is the property of KUBOTA Corporation. This document may not be duplicated and/or published without prior written consent of the owner. Name Type and Model Anticipated Size and HP Manufacturer Quantity pH/Dissolved Oxygen Transmitter Transmitter SC4500 -- Hach 4 Pre-Aeration Blower Regenerative HRC1102 172 scfm @ 5.5 psig 16.9 HP Republic 4 Membrane Zone Equipment Submerged Membrane Unit Flat Plate SP337 -- Kubota 12 SMU Lifting Tool TGSP508 -- Kubota 1 Module Lifting Tool TGSPM006 -- Kubota 1 SMU Guide and Stabilizer - -- Kubota 12 sets Air Isolation Valve Manual Ball Valve SS 2” Dwyer or Equal 12 Permeate Isolation Valve Manual Ball Valve PVC, Type 21 2” Asahi 12 CIP Feed Isolation Valve Manual Ball Valve PVC, Type 21 1.25" Asahi 12 CIP Vent Valve Manual Ball Valve PVC, Type 21 0.75" Asahi 12 Degas Isolation Valve Manual Ball Valve PVC, Type 21 0.75" Asahi 12 Degas Control Valve Automated Ball Valve SS 0.75" Dwyer or Equal 4 MBR Blower Regenerative HRC1102 190 scfm @ 6.5 psig 16.9 HP Republic 12 Air Flow Meter Mass Air Flow t-mass B150 9” E+H 4 MBR Tank Level Switch Float -- GEM or Equal 4 Waste Activated Sludge (WAS) and Feed Forward (FF) Equipment WAS Flow Control Valve Actuated On/Off Ball 3” Bray/Asahi 4 ANNA, TX TEMP PACKAGE MBR SYSTEM WWTP PAGE 4 Kubota Membrane USA Corporation 2023 This document is the property of KUBOTA Corporation. This document may not be duplicated and/or published without prior written consent of the owner. Name Type and Model Anticipated Size and HP Manufacturer Quantity S70 Series WAS Flow Meter Electromagnetic SITRANS FW MAG 5100 W (Compact) 2” Siemens 4 FF Pump Centrifugal T6A60S-B /F 565 gpm @ 15' TDH 5 HP Gorman Rupp 8 FF Flow Meter Electromagnetic SITRANS FW MAG 5100 W (Compact) 6” Siemens 4 MBR Permeate Equipment MBR Permeate Pump Centrifugal 2874-95 162 gpm @ 40' TDH 3 HP AMT 8 MBR Permeate Flow Meter Electromagnetic SITRANS FW MAG 5100 W (Compact) 3” Siemens 4 MBR Permeate Flow Control Valve Actuated Butterfly Valve S70 3” Bray 4 MBR Permeate Turbidity Meter Inline Meter TSSsc -- Hach 4 MBR Permeate Turbidity Transmitter Transmitter SC4500 -- Hach 4 MBR Permeate Pressure Transmitter PMC21 -±15 psi E+H 4 MBT Equipment Submerged Membrane Unit Flat Plate RM200 -- Kubota 1 SMU Guide and Stabilizer - -- Kubota 1 set Lifting Tool TGMR200 -- Kubota 1 Hand Hook TH001 Permeate Isolation Valve Manual Ball Valve PVC, Type 21 1” Asahi 1 CIP Feed Isolation Valve Manual Ball Valve PVC, Type 21 1.25" Asahi 1 CIP Vent Valve Manual Ball Valve 0.75" Asahi 1 ANNA, TX TEMP PACKAGE MBR SYSTEM WWTP PAGE 5 Kubota Membrane USA Corporation 2023 This document is the property of KUBOTA Corporation. This document may not be duplicated and/or published without prior written consent of the owner. Name Type and Model Anticipated Size and HP Manufacturer Quantity PVC, Type 21 Degas Isolation Valve Manual Ball Valve PVC, Type 21 0.75" Asahi 1 Degas Control Valve Automated Ball Valve SS 0.75" Dwyer or Equal 1 Diffuser Cleaning Valve Manual Ball Valve PVC, Type 21 3” Asahi 1 MBT Tank Level Switch Float -- GEM or Equal 1 SHT Diffuser Coarse Bubble MaxAir MXPV-24 Simplex 135 scfm EDI 2 set SHT Level Transmitter Submersible VL21130 -- PMC or E+H 2 MBT Sludge Transfer Pump Progressive Cavity BN10-6LS 40 gpm 2 HP Seepex 2 MBT Sludge Transfer Flow Meter Electromagnetic SITRANS FW 5100 W MAG 1.5” Siemens 1 MBT Permeate Pump Progressive Cavity BN2-6L 8 gpm 2 HP Seepex 2 MBT Permeate Flow Meter Electromagnetic SITRANS FW 5100 W MAG 1” Siemens 1 SHT Blower Regenerative HRC900 135 scfm @ 5 psig 11.5 HP Republic 3 MBT Blower Regenerative HRC902 110 scfm @ 5 psig 8.4 HP Republic 2 MBT Blower Flow Meter Mass Air Flow t-mass B150 9” E+H 1 Sludge Dewatering Box Sludge Box Tank, pumps, shelter, control panel 30 yard Spectrum Water 1 UV System UV Reactor Dual-Vessel System 0.84 MGD Wedeco 1 ANNA, TX TEMP PACKAGE MBR SYSTEM WWTP PAGE 6 Kubota Membrane USA Corporation 2023 This document is the property of KUBOTA Corporation. This document may not be duplicated and/or published without prior written consent of the owner. Name Type and Model Anticipated Size and HP Manufacturer Quantity 7.25 kW per reactor (1 duty 1 standby) UV Control EcoTouch Controller - Wedeco 2 UV Cleaning Wedeco C300 Chemical Cleaning (semi-Automatic) - Wedeco 1 Non-potable Water System NPW System Series PFV-7.5-PLB, Model PFVD-7.5-3, dual pump system 85 gpm Premier Flow 1 Chemical Dosing Equipment CIP Pump Chemical Injection System for membranes CIP, including chemical mixing tank and chemical pump. Piping and other equipment for the chemical cleaning system shall be provided by others. -- Harrington AMT 2 (1 duty 1 standby) CIP Dilution Tank HDLPE Chemical Dilution Tank 335 gallons Snyder Industries, Inc. 1 Portable Transfer Pump Raw chemical transfer pump from tote/barrel to CIP Dilution Tank -- TBD 1 Carbon Dosing Pump Metering pump for Carbon 15 gpd Q dos 4 Control System Control System This controls proposal includes and assumes: • NEMA 3R/12/13 free-standing enclosures. • Allen Bradley 5069-series CompactLogix processor. • Redundant 24 VDC power for field devices. • Allen Bradley Stratix Lightly Managed Ethernet Switch. • All I/O points wired to terminal blocks. • Fuses for power distribution to all instruments. • 15% spare IO for all types. • LED panel lights, convenience power outlet and three-point latching door handle. • UPS allowing operation through power loses of up to ten minutes, including UPS bypass switch. • Door-mounted 480VAC disconnect switch. 1 system ANNA, TX TEMP PACKAGE MBR SYSTEM WWTP PAGE 7 Kubota Membrane USA Corporation 2023 This document is the property of KUBOTA Corporation. This document may not be duplicated and/or published without prior written consent of the owner. Name Type and Model Anticipated Size and HP Manufacturer Quantity • Single 480VAC power feed to panel. • Control power transformer for 120V loads. • Allen Bradley Powerflex 525 VFDs. VFDs controlled via Ethernet with door-mounted hand controls. • Closed loop 480VAC air conditioner. • 22-mm door-mounted Local-Off-Remote switched for all motors. • 22-mm door-mounted speed potentiometers for all VFDs. • 22-mm door-mounted Open-Close-Remote switches for electric valves. • Fabricated and listed per UL508a requirements. • Complete, documented control panel functionality test, including point-to-point testing of all I/O channels. • Detailed panel drawings and loop interconnects. • Submittals as required. • Dell Micro PC, VESA Mounted to touchscreen. • Hope Industrial 23” touchscreen HMI. • Rockwell Software FactoryTalk View Site Edition, 25 display. And does not include: • Remote access modem. • Alarm notification software or hardware dialer. • Program development software. 1: Kubota received the number and dimensions of the sludge holding tanks from Kimley Horn on June 15, 2023. The sludge holding tank system equipment was selected based on that information. Kubota reserves the right to revise the design, equipment selection, and price if the given information changed in the future. ANNA, TX TEMP PACKAGE MBR SYSTEM WWTP PAGE 8 Kubota Membrane USA Corporation 2023 This document is the property of KUBOTA Corporation. This document may not be duplicated and/or published without prior written consent of the owner. 1.2 Direct Services The following services are included in Kubota’s scope of supply: Design Support  Two (2) days of on-site Project Kick-Off Meeting over one (1) trip.  Support during preliminary and final design.  Construction submittals including shop drawings.  Preparation and submittal of a system O&M manual for Kubota supplied systems and equipment.  Equipment delivery coordination with the contractor. Commissioning  One (1) day of on-site Material Inspection during delivery over one (1) trip.  Four (4) days of on-site Mechanical Inspection during SMU installation over one (1) trip.  Twenty (20) days of on-site Commissioning, including dry and wet equipment checks, clean water testing, and support during seeding and start-up over four (4) trips. Training  Two (2) days of on-site, hands-on Operator Training using a mix of classroom and field time. See Table below for list of training topics over one (1) trip. Technical Support  Ten (10) days of on-site, general Technical Support over two (2) trips. Table 2: T raining and Workshops Included in Kubota’s Scope of Supply Training/Workshop Brief Summary HMI 1. Navigation of all HMI screens and menus. 2. Review of automatic operations and controls. 3. Changing process set points. 4. Overriding controls from the HMI. 5. Manual operation of the system in the event of a power failure. CIP training 1. Navigation of CIP (Clean-In-Place), in-situ maintenance chemical cleaning. 2. Control from HMI and operation of manual valve. 3. Adjust set points of chemical flow. Troubleshooting 1. Case study of troubleshooting 2. Recovery from trouble 3. “Fish bone” approach Daily testing 1. Filterability test 2. Viscosity measurement ANNA, TX TEMP PACKAGE MBR SYSTEM WWTP PAGE 9 Kubota Membrane USA Corporation 2023 This document is the property of KUBOTA Corporation. This document may not be duplicated and/or published without prior written consent of the owner. 1.3 Lead Times The estimated lead times for submittals, package plant and UV system are shown below:  Submittals: Full submittal provided by January 26th, 2024. Individual equipment submittals will be provided as they become available.  Package Plant: Thirty-six (36) weeks after approved submittal.  UV System: Twenty Four (24) to twenty eight (28) weeks after approved submittal. 1.4 Exclusions to Kubota Scope of Supply The following items are not currently included in the Kubota scope of supply:  Sales tax.  Performance and payment bond costs – per the contract documents, it is assumed that there will be no bond requirements for Kubota Membrane USA.  Site preparation including preparation of a suitable foundation for the package treatment system.  Equipment unloading and installation at the site.  Electrical site work and piping outside of the skid (i.e., connecting to main power, backup power, influent and effluent connections, etc.)  Electrical system including primary and backup power, lighting, HVAC, etc.  Coarse screening, grit removal, oil and grease removal (if needed).  All piping that is outside of the tanks and equipment provided by Kubota.  Piping between the fine screen system components and from the fine screen discharge to the EQ system.  Piping between the equalization tanks.  Piping between the splitter box and the MBR skids.  Piping between the MBR skids and the Digester system.  Piping between the digester tanks.  Piping between the MBT skid and digester tanks.  Piping from the MBR skids to the UV system.  Piping from of the UV system to the effluent discharge box.  Piping from the MBT skid to the EQ system.  Piping from the MBT-Digester system to the sludge dewatering system.  Pumps and piping for transferring the stock chemical to the CIP tanks.  Chemical solutions for MBR and MBT clean-in-place.  Chemical tanks, chemical solutions and piping for the supplemental carbon system. Kubota only provides the chemical injection pump skids and part of the chemical transfer piping that is on the MBR skids.  WAS pumps. The current proposal is based on discharging the WAS from the Feed Forward line with an on/off automated valve.  Computational Fluid Dynamics (CFD) analysis report for the UV system.  Seismic bracing for equipment. ANNA, TX TEMP PACKAGE MBR SYSTEM WWTP PAGE 10 Kubota Membrane USA Corporation 2023 This document is the property of KUBOTA Corporation. This document may not be duplicated and/or published without prior written consent of the owner.  Construction of concrete tanks, buildings, and structures.  Treated water holding tank.  Heat tracing materials if needed.  Wall pipe, link seal, sleeve, and any kind of penetration seal.  Any material of labor for concrete work, grouting, or sealant.  Show priming, surface preparation, or shop or field coating, painting, cleaning, or welding for any piping outside of Kubota’s skids.  American Iron and Steel (AIS) and/or Build American Buy America (BABA) requirements are excluded from Kubota’s proposal.  Sludge seeding supply sourcing, transportation, pumping, or temporary filter requirements.  Unloading and receiving equipment and instrumentation.  Storage facility of area onsite that can properly store equipment and instrumentation.  Surge protectors either in the control panels and/or at the instruments.  Intrinsically safe barriers.  Any systems for operation in a classified area that was not marked in the plan sets provided at time of bid. All supplied systems, other than those marked in the referenced document, will be “unclassified” in accordance NFPA Standard 820. 2 Warranty KMU will provide the following warranties. 2.1 Equipment Warranty KMU will supply a two (2) year non-prorated warranty for materials and workmanship for all components comprising the final, agreed to MBR system (beginning from the date of Final Acceptance). 2.2 Membrane Warranty KMU is including a full (non-prorated) Submerged Membrane Unit Warranty guaranteeing against defects in materials or workmanship for a period of ten (10) years after Final Acceptance. Kubota will replace any membranes that fail due to material defects or workmanship during this period at no cost to the client. “Failure” shall constitute the following conditions: (i) Any pinhole, tear, removal and breakage in or of the Cartridge; and (ii) Turbidity leakage; i.e. turbidity in the effluent exceeds 2.0 NTU under normal operating conditions. Liability of Responsibility of Kubota Membrane USA The liability or responsibility of Kubota Membrane USA under this Warranty shall be limited to providing replacement Cartridges and shall not include any labor associated with dismantling and/or installation work at the Plant. The number of equipment to be repaired or replaced under this Warranty shall not exceed the number of cartridges or equipment originally supplied by Kubota Membrane USA. ANNA, TX TEMP PACKAGE MBR SYSTEM WWTP PAGE 11 Kubota Membrane USA Corporation 2023 This document is the property of KUBOTA Corporation. This document may not be duplicated and/or published without prior written consent of the owner. 2.3 Limitation of the Warranties Under this warranty, the Owner shall monitor and log the following data to demonstrate compliance with Operation and Maintenance manual, and to provide a detailed history of system performance. Failure to log data may void the Warranties and Performance Guarantee given above if, in the determination of KMU, the applicable Warranty and/or Guarantee operating conditions were exceeded. 1. Influent and effluent water quality 2. Permeate flow rate 3. Transmembrane pressure (TMP) 4. Temperature 5. Air flow rate 6. Filterability testing 7. Chemical cleaning method, frequency, and duration 8. Record of periodic replacement parts. Occurrence of any of the following as reasonably determined by KMU may reduce or void this warranty:  Misuse, accident, fire, improper repair, tampering, or abuse of the Submerged Membrane Units including membrane damage caused by operator error in handling of membrane modules or cassettes.  Failure to adhere to the preventative maintenance program as presented in the Operations and Maintenance Manual.  Failure to ensure correct operation and/or functioning of the screening equipment.  Unauthorized alteration of any components or parts originally supplied by KMU.  Intentional damage. 2.4 Warranty Action Any action based on this Warranty is triggered only if the Buyer provides written evidence both of the Failure and that the Buyer has performed all its obligations under this Warranty. Such evidence shall be submitted to KMU within ten (10) days of the day on which the Failure is identified. KMU is entitled to access the Plant to verify the cause of the Failure at KMU’s discretion. The cost and expense for traveling, accommodation and meals for KMU’s inspection must be borne by the Buyer unless the Failure is determined to be caused by reasons attributable to KMU. 3 Kubota MBR System Price The firm price for the equipment and instrumentation described herein is shown in the table below. Taxes or duties are not included. Table 3: Price for Proposed Kubota MBR Equipment and Equipment Firm Price MBR Equipment, Instrumentation, Services, and Warranty $8,371,500.00, excluding sales tax ANNA, TX TEMP PACKAGE MBR SYSTEM WWTP PAGE 12 Kubota Membrane USA Corporation 2023 This document is the property of KUBOTA Corporation. This document may not be duplicated and/or published without prior written consent of the owner. 3.1 Kubota Payment Terms Kubota’s payment terms are listed below. • 10% Due with Purchase Order • 10% Due for Delivery of Submittals • 50% Due for Delivery of Equipment (except for Submerged Membrane Units) • 25% Due for Delivery of Submerged Membrane Units • 5% Due for MBR Startup Completion ANNA, TX TEMP PACKAGE MBR SYSTEM WWTP PAGE 13 Kubota Membrane USA Corporation 2023 This document is the property of KUBOTA Corporation. This document may not be duplicated and/or published without prior written consent of the owner. Kubota Terms and Conditions GENERAL TERMS & CONDITIONS 1. Precedence of Terms. These general terms and conditions shall apply to this Contract, except that provisions set forth on the face hereof shall take precedence over any inconsistent or contrary provisions set forth in these General Terms and Conditions. No conditions contrary to or in addition to those set forth in this General Terms and Conditions shall be binding upon the Seller unless expressly approved in writing by Seller. Performance by Seller shall not be construed as accepting any different or additional terms. 2. Quality and Quantity. Seller shall not be responsible for any damage to or deterioration in the quality or loss in weight or units of the Goods during transit or due to natural causes. 3. Shipment. Shipment within the time stipulated on the face hereto shall be subject to the availability of vessel’s space. In case FCA or FOB INCOTERMS apply to this Contract and Buyer fails to obtain space in time to fulfill the stipulated shipment date, Buyer shall be responsible for all costs, expenses and damages resulting directly or indirectly therefrom, including, without limitation, all increases in freight and insurance charges, losses, and other damages incurred by Seller prior to or after such failure by Buyer. The date of the Bill of Lading or the Waybill shall be conclusive evidence of the shipment date. 4. Risk of Loss and Transfer of Title. Risk of loss or damage to the Goods shall pass from Seller to Buyer in accordance with the INCOTERMS set forth on face hereof. Title to and the right to possess the Goods shall pass from the Seller to the Buyer at the same time when the risk of loss or damage to the Goods is passed to the Buyer as stipulated above, however, that the title to and the right to repossess the Goods are to be retained by Seller until Seller has received the full contract amount due to Seller pursuant to this Contract. 5. Payment. Payment by Buyer to Seller under this Contract shall be made by means of telegraphic transfer in immediately available funds to such bank account as designated by Seller or a confirmed, irrevocable, without recourse documentary letter of credit, in favor of Seller and with terms any satisfactory to Seller. If Buyer desires to pay Seller by means of a letter of credit, the letter of credit shall (i) cover the full contract amount (ii) be established through a prime-bank immediately after the date of this Contract, (iii) be negotiable on sight draft, and (iv) be valid for negotiation against the relative draft for at least fifteen (15) days after the end of the last month in which the Goods are shipped. The letter of credit shall authorize reimbursement to Seller for any expenses incurred by Seller on account of Buyer pursuant hereto, and shall authorize partial payment against partial delivery. Any bank charges arising in connection with payment hereunder shall be borne by Buyer. If Buyer fails to satisfy any payment terms of this Contract, Seller at its sole discretion and at Buyer’s expense and risk may resell all or any part of the Goods on account of Buyer, hold all or any part of the Goods on account of Buyer, cancel all or any part of this Contract and/or claim any damages resulting from such breach. In the event of late payment of any amount due hereunder, Seller shall, in addition to any other remedy it may have hereunder or pursuant to applicable law, be entitled to receive interest at the maximum rate allowed by law in the country/state of Buyer or eighteen percent (18%) per annum, whichever is greater, on such late payment until payment is received in full. 6. Increased Costs. Any new, additional or increased freight rates, surcharges (bunker, currency, congestion or other surcharges), taxes, customs duties, export or import surcharges or other governmental charges, or insurance premiums, which may be incurred by Seller with respect to the Goods after the date of this Contract, shall be for the account of Buyer and shall be reimbursed to Seller by Buyer within a reasonable time on demand. 7. Force Majeure. Seller shall not be liable for failure or delay to perform its obligations hereunder due to any reason including, but not limited to, acts of God, earthquake, fire, flood, prohibition of exportation, refusal to issue export license, war, blockade, revolution, insurrection, sub vendor manufacturing delays, civil commotion, riots, mobilization, strikes, lockout, plague, other epidemics, pandemics, or any other causes beyond the control of Seller, and may, at its option, extend the time of shipment or delivery of the Goods or terminate unconditionally and without liability of this Contract to the extent so affected or prevented. 8. Cancellation. If Buyer fails to carry out any of the terms of this and/or any other contract with Seller, or in the event of the death, bankruptcy or insolvency of Buyer, liquidation, modification or reorganization of the corporate structure of Buyer, or nonpayment for any shipment, Seller shall have the right to cancel this and/or any other contract with Buyer or to postpone the shipment, or to stop the Goods in transit, and Buyer shall indemnify, defend and hold Seller harmless from all losses, costs, and expenses resulting from Seller taking any such actions. ANNA, TX TEMP PACKAGE MBR SYSTEM WWTP PAGE 14 Kubota Membrane USA Corporation 2023 This document is the property of KUBOTA Corporation. This document may not be duplicated and/or published without prior written consent of the owner. 9. Intellectual Property Rights. Buyer shall defend, indemnify and hold Seller harmless from any and all liability, loss or expense (including reasonable attorney’s fees) arising from or in connection with any actual or alleged infringement of any patent, trademark, copyright, industrial design, registered pattern, trade secret or other similar intellectual property rights used or owned by Seller. 10. Liability of Agent. If this Contract is signed by an agent or on behalf of a principal as Buyer hereunder, whether the principal is disclosed or otherwise, the agent shall be liable not only as agent but also as principal for the performance of the obligations of Buyer under this Contract. This provision shall not affect Buyer’s obligation as principal under this Contract. 11. Construction. The meanings of the terms UCPDC or INCOTERMS, when used in this Contract shall be determined in accordance with the Uniform Customs and Practice for Documentary Credit (“UCPDC”) and Incoterms® (“INCOTERMS”) adopted by the International Chamber of Commerce in effect on the date of this Contract. This Contract shall be governed by the laws of the state of Washington, USA without giving effect to any conflicts of laws principles. This Contract shall not be governed by the United Nations Contracts for the International Sales of Goods, the application of which is expressly excluded. 12. Inspection. Unless otherwise stated on the face of this Contract, any export inspections by Japanese authorities, Seller’s suppliers or Seller shall be considered as final. When Buyer requires special inspection by an independently appointed inspector, Buyer shall inform Seller in writing the details of such special inspection including without limitation the name of such inspector at the time of this Contract. Such especial inspection shall be made promptly upon delivery of the Goods but in any event within two (2) weeks after delivery of the Goods, and all inspection fees and costs therefor shall be borne by Buyer. 13. Warranty. Seller warrants that any Goods delivered hereunder are free from defects in material and workmanship and, if Seller’s specifications are set forth or incorporated by reference on the face hereof, or separately provided to Buyer, will meet such Seller’s specifications. Unless otherwise specified in Seller’s warranty statement set forth or incorporated by reference on the face hereof, or separately provided to Buyer, Seller’s liability under this warranty is limited to repair or replacement of any Goods delivered hereunder that do not conform to this warranty. Buyer shall not be entitled to any remedy for lack of conformity of the Goods, including latent defects, under this warranty if he fails to notify Seller thereof within a six months period commencing on the shipment date of the Goods (and if there are more than one shipment dates, the first shipment date). Such notification shall contain full particulars of such lack of conformity of the Goods to the Seller’s reasonable satisfaction. Notwithstanding anything herein contained to the contrary, Seller shall have no liability under this warranty i) for minor deviations from Seller’s specifications (if applicable) that do not affect the performance of the Goods, or ii) for any lack of conformity of the Goods caused by misuse, neglect, improper installation, handling, operation, or maintenance, repair, alteration, fair wear and tear, erosion or corrosion, or accident, including any damage or loss of the whole or a part of the Goods that occurs after the shipment date. 14. Limitation of Liability. EXCEPT AS EXPRESSLY STATED IN SECTION 13, SELLER HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE GOODS, WHETHER EXPRESS, IMPLIED OR STATUTORY (EXCEPT AS TO TITLE) INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND OTHER IMPLIED WARRANTIES UNDER ANY APPLICABLE LAWS, RULES OR REGULATIONS. SECTION 13 SETS FORTH THE FULL EXTENT OF SELLER’S LIABILITY TO BUYER OR ANY OTHER PARTY FOR ANY BREACH OF WARRANTY WITH RESPECT TO THE GOODS. NOTHWITHSTANDING ANY OTHER PROVISION OF THIS CONTRACT, SELLER’S AGGREGATE AND CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THIS CONTRACT, INCLUDING WITHOUT LIMITATION ON ACCOUNT OF PERFORMANCE OR NON- PERFORMANCE OF OBLIGATIONS, REGARDLESS OF THE FORM OF THE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STATUTORY OR OTHERWISE WILL BE LIMITED TO DIRECT DAMAGES AND SHALL NOT EXCEED THE FULL CONTRACT AMOUNT OF GOODS STATED ON THE FACE HEREOF. SELLER SHALL HAVE NO LIABILITY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SALE, DELIVERY,NONDELIVERY,STORAGE,USE,MAINTENANCE, CONDITION OR POSSESSION OF THE GOODS. 15. Arbitration. All disputes or controversies which may arise between the parties hereto, out of or in relation to or in connection with this Contract, shall be negotiated in good faith and ANNA, TX TEMP PACKAGE MBR SYSTEM WWTP PAGE 15 Kubota Membrane USA Corporation 2023 This document is the property of KUBOTA Corporation. This document may not be duplicated and/or published without prior written consent of the owner. settled by agreement between both parties as promptly as possible. If not amicably settled within 14 days after the first negotiation day, such disputes or controversies shall be settled by arbitration in Seattle, Washington by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules including the Optional Rules for Emergency Measures of Protection, and judgment on the award rendered by the arbitrators shall be final and binding and may be entered in any court having jurisdiction thereof. All arbitration proceedings shall be held in the English language. 16. Governing Law. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Washington, USA, for both domestic and international sales contract. All buyers agree that jurisdiction and venue shall be Seattle, Washington State. 17. Liability for Delays and Return Trips. Buyer agrees that if Seller or any of its representative’s must make an additional service trip due to the site conditions not being ready for installation check, start up, or training to compensate them for their cost for additional travel expenses and pay for additional labor at their published labor rates. Additionally, should Buyer (or any of its representative’s) cancel an installation check, start up, or training trip with less than 72 hours’ notice, that Buyer will be liable for any additional travel costs and that the cancelling party will be liable for unused labor at their published labor rates. 18. Change Orders. If it is determined that the Seller needs to supply any other equipment or services not specified in the Sellers Project Proposal, shall warrant a change order. Item No. 6.d. City Council Agenda Staff Report Meeting Date: 11/14/2023 Staff Contact: Carrie Land AGENDA ITEM: Consider/Discuss/Action on a Resolution voting for a candidate or candidates for the Board of Directors for election of Collin Central Appraisal District. (City Manager Ryan Henderson) SUMMARY: In accordance with the Texas Property Tax Code, the Appraisal District's five directors are to be elected by the taxing units that participate in the Appraisal District. Each unit may cast all its votes for one candidate or distribute the votes among any number of the candidates listed. Since there is no provision for write-in candidates, the chief appraiser will not count votes for someone not listed on the official ballot. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The Board of Directors governs the Collin Central Appraisal District. The taxing entities that vote on the appraisal district's budget (county, city, school and special districts). In accordance with the Texas Property Tax Code, the Appraisal District's five directors are to be elected by the taxing units that participate in the Appraisal District. Each unit may cast all its votes for one candidate or distribute the votes among any number of the candidates listed. Since there is no provision for write-in candidates, the chief appraiser will not count votes for someone not listed on the official ballot. A taxing unit's vote must be made in an open meeting and a written resolution from Mayor Pike must be submitted to the Chief Appaiser by December 15, 2023. To be eligible to serve on the board, an individual must be a resident of the district and must have resided in the district for at least two years immediately preceding the date they take office. STRATEGIC CONNECTIONS: This item has no strategic connection. ATTACHMENTS: 1. Res Voting for CCAD BOD 2. Ballot CITY OF ANNA, TEXAS RESOLUTION NO. __________________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, VOTING FOR A CANDIDATE OR CANDIDATES FOR THE BOARD OF DIRECTORS FOR ELECTION OF COLLIN CENTRAL APPRAISAL DISTRICT. WHEREAS, The City of Anna, Texas has 22 votes to cast in the election of the Board of Directors for the Collin Central Appraisal District; and WHEREAS, The City Council may vote for 1 to 11 candidates; 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. The City Council of the City of Anna, Texas votes for the following candidate(s) to the Collin Central Appraisal District Board of Directors: PASSED by the City Council of the City of Anna, Texas, on this _________ day of ____________________, 2023. ATTEST: APPROVED: ____________________________ ________________________________ Carrie L. Land, City Secretary Nate Pike, Mayor Item No. 6.e. City Council Agenda Staff Report Meeting Date: 11/14/2023 Staff Contact: AGENDA ITEM: Consider/Discuss/Action on nominations to appoint a new member to the Diversity and Inclusion Advisory Commission. (Interview Committee) SUMMARY: Council is to discuss the Interview Committee's nominations and make an appointment to the Diversity and Inclusion Commission. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: Any member of a board, commission or committee who is absent from three consecutive regular meetings, or 25% of regularly scheduled meetings during the 12- month period immediately preceding and including the absence in question, without explanation acceptable to a majority of the other members, must forfeit his or her position on the board, commission, or committee. STRATEGIC CONNECTIONS: This item has no strategic connection. ATTACHMENTS: Item No. 7.d. City Council Agenda Staff Report Meeting Date: 11/14/2023 Staff Contact: AGENDA ITEM: Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074). Boards and Commissions SUMMARY: FINANCIAL IMPACT: BACKGROUND: STRATEGIC CONNECTIONS: ATTACHMENTS: