HomeMy WebLinkAboutCCpkt2016-03-22VOUR} HOMETOWN
CITY OF ANNA AGENDA NOTICE — CITY COUNCIL- WORK SESSION
March 22, 2016 6:30 p.m. — Anna City Hall
The City Council of the City of Anna will meet in Work Session at 6:30 p.m., on
March 22, 2016 at Anna City Hall, located at 111 N. Powell Parkway (Hwy 5),
regarding the following items:
1. Call to Order, Roll Call and Establishment of Quorum.
2. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter
551, the City Council may enter into closed session to discuss any items
listed or referenced on this agenda under the following exceptions:
a. consult with legal counsel regarding pending or contemplated
litigation and/or on matters in which the duty of the attorney to the
governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with
Chapter 551 of the Government Code (Tex. Gov't Code
§551.071).
b. discuss or deliberate the purchase, exchange, lease, or value of
real property (Tex. Gov't Code §551.072); acquisition of right-of-
way, easements, and land for municipal facilities.
c. discuss or deliberate personnel matters (Tex. Gov't Code
§551.074); City Attorney annual review.
The Council further reserves the right to enter into closed session at any
time throughout any duly noticed meeting under any applicable exception
to the Open Meetings Act.
3. Consider/Discuss/Action on any items listed on the posted agenda or any
closed session occurring during this meeting, as necessary.
4. Adjourn.
1. The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda,
whenever it is considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary
at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made.
This is to certify that I, Carrie L. Smith, City Secretary, posted this agenda
at a place readily accessible to the public at the Anna City Hall and on the
City Hall bulletin board at or before 5:00 p.m. March 18, 2016.
Carrie L. Smith, City Secretary
Ii
1. The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda,
whenever it is considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary
at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made.
CITY OF ANNA, TEXAS
AGENDA SUBJECT:
Item No. WS 1
City Secretary's use only
City Council Agenda
Staff Report
Meetinq Date:
Staff Contact:
Exhibits:
Call to Order, Roll Call and Establishment of Quorum.
SUMMARY:
STAFF RECOMMENDATION:
March 22, 2016
City Administrator
No
City Secretary-WS 1 - Call to Order - Staff Report
CITY CF ANNA, TEXAS
AGENDA SUBJECT:
Item No. WS 2
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Fyhihit_c-
March 22, 2016
City Manager
N/A
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:
SUMMARY:
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); acquisition of right-of-way, easements, and land for
municipal facilities.
c. discuss or deliberate personnel matters (Tex. Gov't Code §551.074); City
Attorney annual review.
The Council further reserves the right to enter into closed session at any time
throughout any duly noticed meeting under any applicable exception to the Open
Meetings Act.
STAFF RECOMMENDATION:
CITY CF ANNA, TEXAS
AGENDA SUBJECT:
Item No. WS 3
City Secretary's use only
City Council Agenda
Staff Report
Date: March 22, 2016
Staff Contact: City Manager
Exhibits: N/A
Consider/Discuss/Action on any items listed on posted agenda or any closed
session occurring during this Meeting, as necessary.
SUMMARY:
STAFF RECOMMENDATION:
CITY CF ANNA, TEXAS
AGENDA SUBJECT:
Adjourn
SUMMARY:
Item to adjourn the meeting.
STAFF RECOMMENDATION:
Staff recommends a motion to adjourn.
Item No. WS 4
City Secretary's us�y
City Council Agenda
Staff Report
Date: March 22, 2016
Staff Contact: City Manager
Exhibits: None
Y{OURI HOMETOWN
CITY OF ANNA AGENDA NOTICE — CITY COUNCIL — REGULAR SESSION
March 22, 2016 7:30 p.m. — Anna City Hall
The City Council of the City of Anna will meet in Regular Session at 7:30 p.m., on
March 22, 2016, at the Anna City Hall, located at 111 North Powell Parkway
(Hwy 5), to consider the following items.
Welcome to the City Council Meeting. Please sign the Sign -In -Sheet as a record
of attendance. If you wish to speak on an open -session agenda item, please fill
out the Opinion/Speaker Registration Form and turn it in to the City Secretary
before the meeting starts.
1. Call to Order, Roll Call and Establishment of Quorum.
2. Invocation and Pledge of Allegiance.
3. Citizen comments. Citizens are allowed three minutes to speak to
Council. The Council is unable to respond to or discuss any issues that
are brought up during this section that are not on the agenda, other
than to make statements of specific factual information in response to
a citizen's inquiry or to recite existing policy in response to the inquiry.
4. Receive reports from Staff or the City Council about items of
community interest. Items of community interest include: expressions
of thanks, congratulations, or condolence; information regarding
holiday schedules; an honorary or salutary recognition of a public
official, public employee, or other citizen (but not including a change in
status of a person's public office or public employment); a reminder
about an upcoming event organized or sponsored by the governing
body; information regarding a social, ceremonial, or community event
organized or sponsored by an entity other than the governing body that
was attended or is scheduled to be attended by a member of the
governing body or an official or employee of the municipality; and
announcements involving an imminent threat to the public health and
safety of people in the municipality that has arisen after the posting of
the agenda.
1. The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda,
whenever it is considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary
at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made.
Version 3/18/2016 1:41 PM
5. Proclamations
a. Vietnam Veterans Day — March 29, 2016
b. Collin McKinney Day — April 17, 2016
6. Consent Items. These items consist of non -controversial or
"housekeeping" items required by law. Items may be considered
individually by any Council member making such request prior to a
motion and vote on the Consent Items.
a. Approve the City Council Minutes for March 8, 2016. (Carrie Smith)
b. Approve Resolution approving amendments to the City's
Investment Policy (Clayton Fulton)
c. Review EDC January Meeting Minutes (Jessica Perkins)
d. Review CDC January Meeting Minutes (Jessica Perkins)
7. Presentation by Anna ISD with regards to the School Bond Election
(Bradley Duncan)
8. Conduct a Public Hearing (1 st) on the voluntary annexation of a 75.97
acre tract of land located in the Joseph Schluter Survey, Abstract No.
856; a 32.84 acre tract of land in the Henry Smith Survey, Abstract
822; a 73.47 acre tract of land in the Zach Roberts Survey, Abstract
760; a 20.7 acre tract of land in the P Burns Survey, Abstract 100; and
a 60.04 acre tract of land in the Jonas Whitaker Survey, Abstract 98.
(Maurice Schwanke)
9. Consider/Discuss/Action on a Resolution instituting Annexation
proceedings and setting the dates, times and places for public
hearings for the annexation of a 32.295 acre tract of land located in the
Henry Smith Survey, Abstract No. 0823. (Maurice Schwanke)
10. Consider/Discuss/Action regarding a Resolution approving the First
Agreement Amending the Subdivision Improvement Agreement for
Anna Crossing Phase 1A. (Maurice Schwanke)
11. Consider/Discuss/Action regarding an Ordinance adding a new Section
7 to Part II, Article 29 of the Anna City Code of Ordinances; and
Amending Part III-D (Sign Regulations) of the Anna City Code of
Ordinances, Section 12 "Political Signs". (City Attorney)
12. Consider/Discuss/Action regarding an Ordinance adopting a Hotel
Occupancy Tax (Clayton Fulton)
13. Briefing regarding Fire Department Assistance to Firefighters SAFER
Grant Application. (Chief Gothard)
1. The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda,
whenever it is considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary
at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made.
2
Version 3/18/2016 1:41 PM
14. 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); acquisition of right-of-
way, easements, and land for municipal facilities.
c. discuss or deliberate personnel matters (Tex. Gov't Code
§551.074); City Attorney annual review.
The Council further reserves the right to enter into closed session at
any time throughout any duly noticed meeting under any applicable
exception to the Open Meetings Act.
15. Consider/Discuss/Action on any items listed on the posted agenda or
any closed session occurring during this meeting, as necessary.
16.Adjourn.
This is to certify that I, Carrie L. Smith, City Secretary, posted this agenda
at a place readily accessible to the public at the Anna City Hall and on the
City Hall bulletin board at or before 5:00 p.m. March 18, 2016.
Carrie L. Smith, City Secretary
1. The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda,
whenever it is considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary
at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made.
3
Version 3/18/2016 1:41 PM
CITY OF ANNA. TEXAS
AGENDA SUBJECT:
Item No. 1
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
Call to Order, Roll Call and Establishment of Quorum.
SUMMARY:
Mayor establishes a quorum
STAFF RECOMMENDATION:
March 22, 2016
City Manager
None
CITY OF ANNA. TEXAS
AGENDA SUBJECT:
Invocation and Pledge of Allegiance.
SUMMARY:
STAFF RECOMMENDATION:
Item No. 2
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Fxhihits-
March 22, 2016
City Manager
N/A
CITY OF ANNA, TEXAS
AGENDA SUBJECT:
Citizen comments.
SUMMARY:
Item No. 3
City Secretary's use only
City Council Agenda
Staff Report
Date: March 22, 2016
Staff Contact: City Manager
Exhibits: N/A
Citizens are allowed three minutes to speak. The Council is unable to respond to
or discuss any issues that are brought up during this section that are not on the
agenda, other than to make statements of specific factual information in response
to a citizen's inquiry or to recite existing policy in response to the inquiry.
STAFF RECOMMENDATION:
CITY OF ANNA, TEXAS
AGENDA SUBJECT:
Item No. 4
City Secretary's use only
City Council Agenda
Staff Report
Date: March 22, 2016
Staff Contact: City Manager
Exhibits: N/A
Receive reports from Staff or the City Council about items of community interest.
SUMMARY:
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.
STAFF RECOMMENDATION:
Citp of Anna, Texa,5
�'P',rortamatt"On
WHEREAS, Texas men and women demonstrated their patriotic commitment
and sacrificed themselves for the preservation of the Republic of
South Vietnam; and
WHEREAS, over half a million Texans fought and served in the Vietnam War
from 1954 until 1975, 12 Texas Vietnam Veterans-9 of whom
were killed in battle —received the Medal of Honor, and more than
100 Texans are still Missing in Action; and
WHEREAS, those who served in Vietnam had the highest level of education
than service members in any previous war, spent the longest period
of time in intense combat, were the youngest to have served —with
an average age of 19 %z years, and experienced the highest
amputation rate since the Civil War, four hundred percent higher
than World War II; and
WHEREAS, 3,417 Texans made the ultimate sacrifice in Vietnam and more
than 10,000 Texans were wounded; and
WHEREAS, the City Council and the citizens of Anna, Texas recognize and
appreciate the service of all military personnel
THEREFORE, by virtue of the authority vested in me as Mayor of the City of
Anna, on behalf of the Anna City Council and all citizens hereof, I
do hereby proclaim March 29, 2016, as:
"VIETNAM VETERAN'S DAY"
c7n xitness n7here f c7ha7e hereunto set mpr
hand and called this seal to he of wed
ATTEST:
DATE:
Citp of ZInna, Texa.5
�rucCamatiun
WHEREAS, Collin McKinney was born 250 years ago on April 17, 1766; and
WHEREAS, He was the legendary namesake of Collin County and the County
Seat, McKinney; and
WHEREAS, He was one of five men tasked with drafting the Texas Declaration
of Independence and a drafter of the Texas Constitution and he
was not only a signer but was presented the quill and inkwell used
by all the signers; and
WHEREAS, In 1846 he settled in Anna; this became his permanent residence;
and
WHEREAS, the City Council and the citizens of Anna, Texas recognize and
celebrate the real and legendary man that he was.
THEREFORE, by virtue of the authority vested in me as Mayor of the City of
Anna, on behalf of the Anna City Council and all citizens hereof, I
do hereby proclaim April 17, 2016, as:
"COLLIN MCKINNEY DAY"
c7n miness where f c7haTe hereunto set m
hand and called thu seal to be qfted
ATTEST:
DATE:
Item No. 6
City Secretary's use only
City Council Agenda
Staff Report
CITY OFANNA,TEXAS Date: March 22, 2016
Staff Contact: City Manager
Exhibits: Attached
AGENDA SUBJECT:
These items consists of non -controversial or "housekeeping" items required by
law. Items may be considered individually by any Council Member making such
request prior to motion and vote on the Consent Items.
SUMMARY:
a. Approve the City Council Minutes for March 8, 2016. (Carrie Smith)
b. Approve Resolution approving amendments to the City's Investment Policy
(Clayton Fulton)
C. Review EDC January Meeting Minutes (Jessica Perkins)
d. Review CDC January Meeting Minutes (Jessica Perkins)
STAFF RECOMMENDATION:
Staff recommends approval of the consent items.
ANNA CITY COUNCIL
MINUTES
WORK SESSION
March 8, 2016
The City Council of the City of Anna met in Work Session on the above date at
Anna City Hall, located at 111 N. Powell Parkway (Hwy 5), regarding the following
itPm¢•
1. Call to Order.
Mayor Crist called the meeting to order at 6:30 pm.
2. Roll Call and Establishment of Quorum.
Mayor Mike Crist, Council Members Justin Burr, John Beazley, Chad
Barnes and Dick Dowd were present. Lauren Lovato and Nathan Bryan
were absent.
3. Briefing/Discussion regarding hotel occupancy tax (Clayton Fulton)
Texas Tax Code 351.002 allows all incorporated Texas municipalities to
enact a hotel occupancy tax (HOT tax) within the city limits and the option
for cities with a population of less than 35,000 to adopt the tax in its extra-
territorial jurisdiction. There are some variations in the code allowing for
certain cities to adopt different tax rates based upon certain criteria related
to population and geographic location; however, the City of Anna does not
fall into any of these various categories and may enact a HOT tax of up to
7%. 0
4. Briefing/Discussion regarding Fiscal Year 2016-2017 budget calendar
(Clayton Fulton)
The calendar has highlighted the important dates and deadlines that must
be met in order to pass the FY 17 budget and tax rate in the early part of
September 2016.
5. Briefing/Discussion regarding the progress of the reconstruction of
FM 455 (Joseph Johnson)
The Texas Department of Transportation (TxDOT) is projecting substantial
completion for FM 455 to occur by September 23, 2016. 90% of the storm
pipe has been installed on the project. TxDOT's contractor (Lone Star) is
planning to have a concrete batch plant set up in the week of March 13th
with plans to start concrete work the first week of April. This means that we
should see rebar installed on top of the asphalt over the next couple of
March 8, 2016
CC Work Session Minutes
weeks. By May 27t" TxDOT is projecting that traffic will be switched over to
the new concrete lanes on the north side. The contractor will then make the
permanent intersecting road connections and also begin grading followed
by liming operations on the south side.
The bridge beams are scheduled to start on March 28t"
As with any major infrastructure project, these are projected dates th;
subject to change pending weather and material availability. V
6. Briefing/Discussion regarding Annexation of land west of Lakeview
Estates (Maurice Schwanke)
4W
The property in question is surrounded by existing subdivisions on the west
and north (Oak Hollow) and the new Lakeview subdivision on the east. On
the south the property is bounded by Taylor Blvd. A new section of
Ferguson Parkway has been recently built to the east. Since this land is in
the City's ETJ no land use control exists and virtually anything can develop
in this area. Some uses that could be established would adversely affect
the neighborhoods. The area contains 5 separate ownerships. Three of the
parcels have an Agricultural exemption on them. Therefore a non -
annexation agreement would need to be offered on those properties. The
staff believes that it would be in the best interest of the surrounding
neighborhoods and the City if this area was annexed or had an agreement
attached to them.
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:
N.
consult with legal counsel regarding pending or contemplated
litigation and/or on matters in which the duty of the attorney to the
governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with
Chapter 551 of the Government Code (Tex. Gov't Code
§551.071).
discuss or deliberate the purchase, exchange, lease, or value of
real property (Tex. Gov't Code §551.072); acquisition of right-of-
way, easements, and land for municipal facilities.
c. discuss or deliberate personnel matters (Tex. Gov't Code 551.074);
City Manager annual review.
March 8, 2016
CC Work Session Minutes
The Council further reserves the right to enter into closed session at any
time throughout any duly noticed meeting under any applicable
exception to the Open Meetings Act.
MOTION: Council Member Barnes moved to enter closed session at 7:10
p.m. Council Member Burr seconded. Motion carried 5-0. r
Mayor Crist reconvened the open meeting at 7:29 p.m.
Consider/Discuss/Action on any items listed on the posted agenda
or any closed session occurring during this meeting, as necessary.
MOTION: Council Member Burr moved to take no action. Council Member
Barnes seconded. Motion carried 5-0.
9. Adjourn.
Council Member Dowd moved to adjourn at 7:30 pm. Council Member
Barnes seconded. Motion carried 5-0.
Approved on the 22nd day of March, 2016.
14
ATTEST: AIMN
City Secretary Carrie L. Smith Mayor Mike Crist
4V
March 8, 2016
CC Work Session Minutes
3
ANNA CITY COUNCIL
MINUTES
REGULAR SESSION
March 8, 2016
The City Council of the City of Anna met in Regular Session on the above date at
Anna City Hall, located at 111 North Powell Parkway (Hwy 5), to consider the
following items. 11
r
1. Call to Order, Roll Call and Establishment of Quorum.
Mayor Crist called the meeting to order at 7:35 p.m. P,,, '
Council Members Justin Burr, John Beazley, Chad Barnes and Dick Dowd
were present. Lauren Lovato and Nathan Bryan was absent.
2. Invocation and Pledge of Allegiance.
Mayor Crist led the Invocation and Pledge of Allegiance.
3. Citizen comments. Citizens are allowed 3 minutes to speak. The Council
is unable to respond to or discuss any issues that are brought up during this
section that are not on the agenda, other than to make statements of
specific factual information in response to a citizen's inquiry or to recite
existing policy in response to the inquiry.
No public comments.
4. Receive reports from Staff or the City Council about items of
community interest. Items of community interest include: expressions of
thanks, congratulations, or condolence; information regarding holiday
schedules; an honorary or salutary recognition of a public official, public
employee, or other citizen (but not including a change in status of a person's
public office or public employment), a reminder about an upcoming event
organized or sponsored by the governing body; information regarding a
social, ceremonial, or community event organized or sponsored by an entity
other than the governing body that was attended or is scheduled to be
attended by a member of the governing body or an official or employee of
the municipality; and announcements involving an imminent threat to the
public health and safety of people in the municipality that has arisen after
the posting of the agenda.
No Comments.
March 8, 2016
CC Regular Session Minutes
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 the City Council Minutes for February 23, 2016. (Carrie Smith)
MOTION: Council Member Barnes moved to approve the Consent Agenda.
Council Member Burr seconded. Motion carried 5-0.
6. Consider/Discuss/Action regarding a Resolution accepting the 2015
Annual Audit (Clayton Fulton)
a. Presentation
u
Rod Abbott of LaFollett & Abbott PLLC, reviewed the audit report.
b. Resolution accepting the Annual Audit
RESOLUTION NO. 2016-03-148 - A RESOLUTION ACCEPTING
THE FISCAL YEAR 2015 FINANCIAL AUDIT OF THE CITY OF
ANNA.
MOTION: Council Member Barnes moved to approve. Council Member
Burr seconded. Motion carried 5-0.
7. Consider/Discuss/Action regarding an Ordinance amending the FY
2015-2016 Budget for the purchase of the Anna Grain property.
(Clayton Fulton)
ORDINANCE NO. 715 — 2016 - AN ORDINANCE AMENDING
ORDINANCE NO. 695-2015 ADOPTING THE BUDGET FOR THE
2015-2016 FISCAL YEAR; PROVIDING FOR SAVINGS,
SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR
AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION
OF THE CAPTION HEREOF.
MOTION: Council Member Burr moved to approve. Mayor Crist seconded.
Motion carried 5-0.
8. Consider/Discuss/Action regarding a Resolution approving an
Interlocal Agreement with Collin County for the US 75 Utility
Relocation Project. (Joseph Johnson)
RESOLUTION NO. 2016-03-149 - A RESOLUTION OF THE CITY
OF ANNA, TEXAS APPROVING AN INTERLOCAL AGREEMENT
WITH COLLIN COUNTY FOR THE US 75 UTILITY RELOCATION
PROJECT.
March 8, 2016 2
CC Regular Session Minutes
MOTION: Council Member Barnes moved to approve. Council Member
Dowd seconded. Motion carried 5-0.
9. Consider/Discuss/Action regarding a Resolution approving an
engineering task order from Birkhoff, Hendricks and Carter for the US
75 Utility Relocation Project. (Joseph Johnson)
RESOLUTION NO. 2016-03-150 - A RESOLUTION OF THE CITY
OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY
MANAGER TO ACT ON THE CITY'S BEHALF IN EXECUTING AN
ENGINEERING SERVICE TASK ORDER WITH BIRKHOFF,
HENDRICKS AND CARTER, LLP FOR THE US 75 UTILITY
RELOCATION PROJECT.
A
MOTION: Council Member Dowd moved to approve. Mayor Crist
seconded. Motion carried 5-0.
Mayor Crist moved to Item 11.
10.Consider/Discuss/Action regarding a Resolution amending the
Subdivision Improvement Agreement for Anna Crossing, Phase 1A,
and approving a Subdivision Improvement Agreement for Anna
Crossing, Phase 1 C. (Maurice Schwanke)
MOTION: Mayor Crist moved to table. Council Member Dowd seconded.
Motion carried 5-0.
11. Briefing/Discussion regarding Collin McKinney Day Proclamation.
(Mayor Crist)
Mr. Gary Hughes with the Collin County Historical Society was present to
discuss Collin McKinney's life and his 250th birthday event in April.
12. 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); acquisition of right-of-way,
easements, and land for municipal facilities.
March 8, 2016 3
CC Regular Session Minutes
The Council further reserves the right to enter into closed session at any
time throughout any duly noticed meeting under any applicable exception
to the Open Meetings Act.
MOTION: Council Member Barnes moved to enter into executive session
at 8:41 p.m. Council Member Dowd seconded. Motion carried 5-0.
Mayor Crist reconvened the regular meeting at 9:21 p.m.
13. Consider/Discuss/Action on any items listed on the posted agenda or
any closed session occurring during this meeting, as necessary..
MOTION: Council Member Dowd moved to take no action. Council
Member Burr seconded. Motion carried 5-0.
14.Adjourn. XAl
MOTION: Council Member Burr moved to adjourn at 9.28 p.m. Mayor Crist
seconded. Motion carried 5-0.
Approved on the 22nd day of March, 2016.
ATTEST:
r* i
City Secretary Carrie L. Smith Mayor Mike Crist
March 8, 2016
CC Regular Session Minutes
4
CITY OF ANNA, TEXAS
Item No. 6b
City Secretary's use only
City Council Agenda
Staff Report
Meeting Date: March 22, 2016
Staff Contact: Clayton Fulton
Exhibits: Yes
AGENDA SUBJECT: Approve a resolution reviewing and amending the City's
Investment Policy
SUMMARY: The Public Funds Investment Act (PFIA) states that "the governing
body of an investing entity shall review its investment policy and investment
strategies not less than annually". To maintain compliance with the PFIA the
Council must pass an ordinance or resolution stating they have reviewed the
investment policy for the City of Anna.
Among other things, the investment policy stipulates investment objectives in
rank order as follows:
1. Preservation and safety of principal
2. Liquidity
3. Public Trust
4. Yield
Staff reviewed the City's investment policy along with Valley View Consultants,
investment advisors. Changes include the following:
• Updating the requirement for ongoing training related to the public funds
investment act
• Stating that the City may utilize depository institutions other than our
primary depository bank for specialty services (such as authorized
investments)
No other changes have been made to the policy.
STAFF RECOMMENDATION: Approve the resolution reviewing and amending
the City's investment policy.
City Secretary-1 - Investment Policy Review - Staff Report
CITY OF ANNA, TEXAS
RESOLUTION NO.
(20161nvestment Policy Review)
A RESOLUTION REVIEWING AND AMENDING THE INVESTMENT POLICY OF THE
CITY OF ANNA.
WHEREAS, the City of Anna, Texas ("the City") is committed to principles and
practices of open and fair government that honor the public trust; and
WHEREAS, the City of Anna, Texas City Council ("City Council") has determined
that it is in the interests of the citizens of Anna to adopt an Investment Policy that
establishes policies and procedures to govern the management and care of public
funds; and
WHEREAS, The Public Funds Investment Act ("the Act") requires annual review of
the City's Investment Policy; and
WHEREAS, The most recent annual review of the City's Investment Policy has
prompted an amendment to the existing policy attached hereto as exhibit 1; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The above -referenced recitals are incorporated herein as if set forth in full for all
purposes.
Section 2. Investment Policy Reviewed
The City Council has reviewed the City's investment policy and investment strategies
and approves the amended Investment Policy attached hereto as Exhibit 1.
PASSED by the City Council of the City of Anna, Texas, on this the 22nd day of March,
2016.
:ST:
rrie L. Smith, City Secretary
APPROVED:
Mike Crist, Mayor
Exhibit 1
City of Anna, Texas
Investment Policy
1 11
March 22, 2016
INVESTMENT POLICY
A component part of the overall financial management of the City of Anna, Texas is an effective
cash management plan. Many factors determine the amount of funds on hand during any fiscal
year, but these funds are an important revenue source for the City budget. It is imperative that
these funds be managed in such a way as to be responsive to the public need and consistent with
a conservative cash management plan. To provide this framework for effective cash
management, an Investment Policy and a Statement of Investment Strategy have been prepared.
Purpose:
The Investment Policy is authorized by the City Council of the City of Anna in accordance with
Chapter 2256, Texas Government Code, also known as the Public Funds Investment Act (PFIA).
The Policy addresses the methods, procedures and practices that must be exercised to ensure
effective and judicious fiscal management of City funds. All such funds will be managed within
the guidelines of this Policy with the exception of pension and other deferred compensation plans
that are separately managed. Bond funds, in addition to this Policy, shall be managed in
accordance with their issuing documentation and all applicable state and federal law.
This Policy provides a separate written investment strategy for each of the City's funds. Each
investment strategy describes the investment objectives for each particular fund according to the
following priorities:
1) Investment Suitability
2) Preservation and Safety of Principal
3) Liquidity
4) Marketability Prior to Maturity of each Investment
5) Diversification
6) Yield
Annual Review:
The Investment Policy and the Statement of Investment Strategy will be reviewed on an annual
basis by the City Council. Revisions and/or amendments will be approved and documented by
the City Council. A written document shall attest to the annual review and amendment adoption.
Investment Objectives:
The investment of funds will be governed by the following investment objectives, in order of
priority:
1. Preservation and Safety of Principal
Preservation of capital is the foremost objective of the City. Each investment
transaction shall seek first to ensure that capital losses are avoided, whether they are
from issuer defaults, erosion of market value, or other risks.
March 22, 2016 1
2. Liquidity
The City's investment portfolio will remain sufficiently liquid to enable the City to
meet all operating requirements that can be reasonably anticipated. Liquidity will be
achieved by matching investment maturities with forecasted cash flow requirements.
3. Public Trust
All employees involved in the City's investment program shall seek to act responsibly
as custodians of the public trust. All employees involved in the investment process
shall avoid any transaction which might impair public confidence in the City's ability
to govern effectively.
4. Yield
The investment portfolio of the City shall be designed to attain a market rate of return
throughout budgetary and economic cycles taking into account risk constraints and
liquidity needs. Return on investment, while important, is of less importance than
safety and liquidity.
Authorized Investments:
While the PFIA allows a wide range of eligible investments, the City has chosen to allow only
the following, which are more restrictive than the PFIA:
1. Obligations of the United States government or its agencies and instrumentalities.
2. Other obligations, the principal and interest of which are unconditionally guaranteed or
insured by, or backed by the full faith and credit of, this State or the United States or their
respective agencies and instrumentalities, including obligations that are fully guaranteed
or insured by the Federal Deposit Insurance Corporation or by the explicit full faith and
credit of the United States.
3. Direct obligations of this State or its agencies and instrumentalities.
4. Certificates of Deposit, and other forms of deposit, issued in compliance with the PFIA
and insured by the FDIC, or when applicable, collateralized in accordance with this
Policy and the Public Funds Collateral Act.
5. Repurchase agreements placed and secured in compliance with the PFIA and,
collateralized with a minimum market value of 102 percent of the dollar value of the
transaction plus accumulated accrued interest.
6. SEC -registered, AAAm, or its equivalent, (as rated by Fitch, Moody's or Standard &
Poor's), no-load money market mutual funds. The investment objective of the fund must
be to maintain a stable dollar net asset value of $1.00. The City may not invest funds
under its control in an amount that exceeds 10% of total assets of any individual money
market mutual fund. A fund prospectus shall be reviewed for compliance with this Policy
prior to depositing monies.
March 22, 2016 2
7. State or local investment pools organized under the Interlocal Cooperation Act, operating
in compliance with the PFIA and authorized by the City Council. The investment pool
must be rated AAAm, or its equivalent, (as rated by Fitch, Moody's or Standard &
Poor's). The investment objective of the pool must be to maintain a stable dollar net asset
value.
Prohibited Investments:
The City is expressly prohibited from entering into options trading or futures contracts, hedging
or purchasing any security that is not authorized by Texas State law, or any direct investment in
asset backed or mortgage -backed securities. The City expressly prohibits the acceptance of
Interest -only (IO) and Principal -only (PO) Collateralized Mortgage Obligations (CMOs) as
collateral for bank deposits or repurchase agreements. No transactions may be entered for
speculation. No transaction may be entered using leverage.
Protection of Principal:
The City shall seek to control the risk of principal loss due to the failure of an issuer or grantor.
Such default risk shall be controlled by investing only in the safest types of issuers as defined in
the Policy and by collateralization as required by law.
The purchase of individual securities shall be executed by "delivery versus payment" (DVP)
method through the City's safekeeping agent. By so doing, City funds are not released until the
City has received, through the safekeeping agent, the securities purchased.
Diversification by Investment Type:
When appropriate and applicable, diversification by investment type shall be maintained by
ensuring an active and efficient secondary market in portfolio investments, and by controlling the
market and opportunity risks associated with specific investment types. Undue concentrations of
assets in a specific maturity sector shall be avoided. Bond proceeds may be invested to comply
with Federal arbitrage restrictions or to facilitate arbitrage record -keeping and calculation.
Diversification by Investment Maturity:
In order to minimize risk of loss due to interest rate fluctuations, investment maturities will not
exceed the anticipated cash flow requirements of the funds. Maturity guidelines by fund are as
follows:
Operating Funds Strategy:
Suitability - Any investment eligible in the Investment Policy is suitable for Operating Funds.
Safety of Principal - All investments shall be of high quality with no perceived default risk.
Market price fluctuations may occur. However, by managing the weighted average days to
maturity for the Operating Fund's portfolio to less than 270 days and restricting the maximum
allowable maturity to two years, the price volatility of the overall portfolio will be minimized.
Marketability - Securities with active and efficient secondary markets are necessary in the event
of an unanticipated cash flow requirement.
March 22, 2016 3
Li uidi - The Operating Fund requires the greatest short-term liquidity of any of the Fund
types. Cash equivalent investments will provide daily liquidity and may be utilized as a
competitive yield alternative to fixed maturity investments.
Diversification - Investment maturities should be staggered throughout the budget cycle to
provide cash flow based on the anticipated operating needs of the City. Market cycle risk will be
reduced by diversifying the appropriate maturity structure out through two years.
Yield - Attaining a competitive market yield for comparable investment -types and portfolio
restrictions is the desired objective. The yield of an equally weighted, rolling three-month
Treasury Bill portfolio will be the minimum yield objective.
Construction and Capital Improvement Funds Strategy:
Suitability - Any investment eligible in the Investment Policy is suitable for Construction and
Capital Improvement Funds.
Safety of Principal — All investments will be of high quality with no perceived default risk.
Market fluctuations may occur. However, by restricting the maximum maturity to the lesser of
the anticipated cash flow requirements or the IRS defined temporary period, the market risk of
the portfolio will be minimized.
Marketability - The balancing of short-term
Construction and Capital Improvement Funds
efficient secondary markets.
and long-term cash flow needs requires the
portfolio to have securities with active and
Li uidi - Construction and Capital Improvement Funds used as part of a CIP plan or
scheduled repair and replacement program are reasonably predictable. However, unanticipated
needs or emergencies may arise. Maintaining minimum cash equivalent investment amounts will
reduce the liquidity risk of unanticipated expenditures. A singular repurchase agreement may be
utilized if disbursements are allowed in the amount necessary to satisfy any required
expenditures. This investment structure is commonly referred to as a flexible repurchase
agreement.
Diversification - Investment maturities should blend the short-term and long-term cash flow
needs to provide adequate liquidity, yield enhancement and stability. A "barbell" maturity
ladder may be appropriate.
Yield - Attaining a competitive market yield for comparable investment -types and portfolio
structures is the desired objective. The yield of an equally weighted, rolling six-month Treasury
Bill portfolio will be the minimum yield objective.
Debt Service Funds Strategy:
Suitability - Any investment eligible in the Investment Policy is suitable for the Debt Service
Fund.
March 22, 2016 4
Safety of Principal - All investments shall be of high quality with no perceived default risk.
Market price fluctuations may occur. However, by managing Debt Service Funds to not exceed
the debt service payment schedule, the market risk of the overall portfolio will be minimized.
Marketability - Securities with active and efficient secondary markets are not necessary as the
event of an unanticipated cash flow requirement is not probable.
Li uidi - Debt Service Funds have predictable payment schedules. Therefore, investment
maturities should not exceed the anticipated cash flow requirements. Cash equivalent
investments may provide a competitive yield alternative for short term fixed maturity
investments. A singular repurchase agreement may be utilized if disbursements are allowed in
the amount necessary to satisfy any debt service payment. This investment structure is
commonly referred to as a flexible repurchase agreement.
Diversification - Market conditions influence the attractiveness of fully extending maturity to
the next "unfunded" payment date. Generally, if investment rates are anticipated to decrease over
time, the City is best served by locking in most investments. If the interest rates are potentially
rising, then investing in shorter and larger amounts may provide advantage. At no time shall the
debt service schedule be exceeded in an attempt to bolster yield.
Yield - Attaining a competitive market yield for comparable investment -types and portfolio
restrictions is the desired objective. The yield of an equally weighted, rolling three-month
Treasury Bill portfolio shall be the minimum yield objective.
Ensuring Liquidity:
Liquidity shall be achieved by analyzing and anticipating cash flow requirements, by investing in
securities with active secondary markets and by maintaining minimum cash equivalent
investment balances. An investment may be liquidated or redeemed prior to maturity for the
following reasons:
1. To meet unanticipated cash requirements
2. To re -deploy cash into other investments expected to outperform current holdings
3. To otherwise to adjust the portfolio.
Depository Agreements:
The City will select and designate a qualified primary bank depository in compliance with State
law and the City's purchasing policy. Additionally the City may utilize other depository
institutions to expand deposit placement opportunities or provide specialty services.
All depository balances shall be insured or collateralized in compliance with applicable State
law. The City reserves the right, in its sole discretion, to accept or reject any form of insurance or
collateralization pledged towards depository deposits. Depositories will be required to sign a
Depository Agreement with the City. The Agreement shall address any concerns in relation to
acceptable collateral, levels of collateral, substitution and addition of collateral, and reporting
and monitoring of collateral. The collateralized deposit portion of the Agreement shall define the
City's rights to the collateral in case of default, bankruptcy, or closing and shall establish a
perfected security interest in compliance with Federal and State regulations, including:
March 22, 2016 5
• The Agreement must be in writing;
• The Agreement has to be executed by the Depository and the City contemporaneously
with the acquisition of the asset;
• The Agreement must be approved by the Board of Directors or Designated
Committee of the Depository and a copy of the meeting minutes must be delivered to
the City; and
• The Agreement must be part of the Depository's "official record" continuously since
its execution.
Safekeeping and Custody:
The City shall contract with a bank or banks for the safekeeping of securities either owned by the
City as part of its investment portfolio or held as collateral to secure financial institution deposits
and repurchase agreements.
Securities owned by the City shall be held in the City's account as evidenced by safekeeping
receipts of the institution holding the securities. Safekeeping institutions shall be independent
from the parties involved in the investment transaction.
Collateral will be held by a third party custodian designated by the City and pledged to the City
as evidenced by safekeeping receipts of the institution with which the collateral is deposited.
Original safekeeping receipts shall be obtained. Collateral may be held by a Federal Reserve
Bank or branch of a Federal Reserve Bank, a Federal Home Loan Bank, or a third party bank
approved by the City and eligible under State law.
Competitive Environment:
It is the policy of the City to provide a competitive environment for all individual investment
purchases and sales, and financial institution, money market mutual fund, and local government
investment pool selections.
Authority to Invest:
The City Manager and Finance Director shall be the Investment Officers. The Investment
Officers shall oversee and approve any deposit, withdrawal, investment, transfer, documentation,
and otherwise manage City funds according to this Policy. No person may engage in an
investment transaction or the management of funds except as provided under the terms of the
Investment Policy, the Statement of Investment Strategy, and other operational procedures
established by the City Manager.
In order ensure qualified and capable investment management, within twelve (12) months after
taking office or assuming duties, each Investment Officer shall attend a training session relating
to his/her investment responsibilities and receive not less than ten (10) hours of instruction. On
an ongoing basis, all Investment Officers shall receive not less than terreight (4-�8) hours of
instruction in each subsequent two-year period that begins on the first day of the City's fiscal
year and consists of the two consecutive fiscal years after that date. Training will be conducted
by an independent source approved by the Investment Committee and must include education in
March 22, 2016 6
investment controls, security risks, strategy risks, market risks and compliance with the Public
Funds Investment Act.
Prudent Investment Management:
Each Investment Officer shall perform his/her duties in accordance with the adopted Investment
Policy and internal procedures. In determining whether an Investment Officer has exercised
prudence with respect to an investment decision, the investment of all funds over which the
Investment Officer had responsibility, rather than the prudence of a single investment, shall be
considered. Investment Officers acting in good faith and in accordance with these policies and
procedures shall be relieved of personal liability.
Standard of Care:
The standard of care used by the City shall be the "prudent person rule" and shall be applied in
the context of managing the overall portfolio within the applicable legal constraints. The PFIA
states:
"Investments shall be made with judgment and care, under circumstances then
prevailing, that a person of prudence, discretion, and intelligence would exercise in the
management of the person's own affairs, not for speculation, but for investment,
considering the probable safety of capital and the probable income to be derived. "
Standard of Ethics:
Each Investment Officer shall act as custodian of the public trust avoiding any transaction which
might involve a conflict of interest, the appearance of a conflict of interest, or any activity which
might otherwise discourage public confidence. An Investment Officer shall refrain from personal
business activity that could conflict with proper execution of the investment program, or which
could impair his/her ability to make impartial investment decisions. Additionally, an Investment
Officer shall file with the Texas Ethics Commission and the City Council a statement disclosing
any personal business relationship with an entity seeking to sell investments to the City or any
relationship with the second degree by affinity or third degree of consanguinity to an individual
seeking to sell investments to the City.
Internal Controls:
The City Manager will establish a system of internal controls that shall be designed to prevent
losses of public funds arising from fraud, employee error, and misrepresentation by third parties,
unanticipated changes in financial markets, or imprudent actions by City staff. Controls deemed
most important would include, but not be limited to:
1. Control of collusion
2. Separation of duties
3. Separating transaction authority from accounting and record -keeping
4. Custodial safekeeping
5. Avoidance of bearer -form securities
6. Clear delegation of authority
7. Written confirmation of telephone transactions
8. Documentation of transactions
March 22, 2016 7
As part of the annual audit, the Investment Officers shall facilitate an independent review by the
City's external auditor to assure compliance with policies and procedures.
Monitoring Market Value:
Market value of all collateral, mutual funds, pools, and securities will be monitored periodically
and obtained from a reputable and independent source.
Effect of Loss of Rating:
All prudent measures will be taken to liquidate an investment that is downgraded to less than the
required minimum rating. At least quarterly, the City shall monitor the rating of all investments,
as applicable.
Exemption for Existing Investments:
The City is not required to liquidate investments authorized at the time of purchase.
Performance:
The City's investment portfolio shall be designed to obtain a market rate of return on
investments consistent with risk constraints and expected cash flow of the City. Weighted
average yield to maturity shall be the performance measurement standard.
Authorized Broker/Dealers:
The Investment Committee shall, at least annually, review, revise, and adopt a list of qualified
broker/dealers authorized to engage in securities transactions with the City. Authorized firms
include primary dealers or secondary dealers that qualify under Securities & Exchange
Commission Rule 150-1 (Uniform Net Capital Rule).
Investment Policy Certification:
All investment providers, including financial institutions, broker/dealers, money market mutual
funds, and local government investment pools, must sign a certification acknowledging that the
organization has received and reviewed the City's Investment Policy and that reasonable
procedures and controls have been implemented to preclude investment transactions that are not
authorized by the City's Policy.
Investment Committee:
An Investment Committee comprised of the City Manager, City Finance Director and the City
Finance and Budget Analyst will meet on a periodic basis. The Committee shall monitor the
investment activities; assist in the development of investment policies, strategies and procedures;
and annually review and approve the City's broker/dealers and independent training sources.
Reporting:
The Investment Officers shall prepare an investment report at least quarterly in compliance with
the PFIA. This report will be prepared in a manner that will allow the City to ascertain whether
investment activities during the reporting period have conformed to this Policy. The report will
be provided to the City Council.
March 22, 2016 8
In conjunction with the annual audit, the external auditor will perform a formal review of the
quarterly reports with the results reported to the City Council.
March 22, 2016 9
IL MINUTES OF REGULAR MEETING OF THE
ANNA ECONOMIC DEVELOPMENT CORPORATION
ECONOMIC Thursday, January 7, 2016
DEVELOPMENT
CORPORATION
The Anna Economic Development Corporation ("EDC") of the City of Anna met at 5:00'
p.m., on Thursday, January 7, 2016, at the Anna City Hall Administration Building, 111
North Powell Parkway (Hwy. 5), Anna, Texas.
Call to Order
Connie Stump, President, called the meeting to order at 5:08 p.m., and after roll call and
the establishment of a quorum, the following items were presented to the Directors for
their consideration.
2. Roll Call and Establishment of Quorum.
Directors in attendance: Alonzo Tutson, Brent Thomas, Connie Stump, John Houcek,
Doug Hermann (arrived at 5:42 p.m., due to traffic), Lee Miller, and Michael Williams.
Directors in Abstention: All in attendance.
Others in attendance: Clark McCoy, legal counsel for EDC; and Jessica Perkins Chief
Administrative Officer.
Consider/Discuss/Action regarding approving a resolution for a professional
services agreement with Birkhoff, Hendricks, and Carter for engineering
consulting.
From time to time, the Anna Economic Development Corporation will have the need for
engineering consultant to review infrastructure needs for various projects. Therefore,
staff is recommending the Board approve a professional services agreement with
Birkhoff, Hendricks, and Carter for this purpose. In the Agreement, Exhibit "C" was
adjusted to show an hourly rate as well as a table, attached hereto, outlining various
costs of services. The multiplier is to be used for insurance purposes, as mandated by
law, in the event of hiring a third -party, i.e., a surveyor. The federal per diem rate is $.54
and not $.60; however, the rate will remain $.60, as it is an average used by the firm,
depended upon the type of vehicle. Brent Thomas made a motion to adopt the
1 ADDITIONAL NOTICE REGARDING MEETING TIME: In the event that the Anna Community Development
Corporation meets at the same time and place scheduled for this meeting, then this meeting will be delayed and
will begin immediately after the conclusion of the meeting of the Anna Community Development Corporation.
IMPORTANT' LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda. The
Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is
considered necessary and legally justified under the Opening Meetings Act. Disable persons who want to attend this meeting and
who may need assistance should contact the City Secretary at 972-924-3325 two working days prior to the meeting so that
appropriate arrangements can be made.
01-07-2016 Regular EDC Minutes.doc
resolution and approve the aforementioned agreement with Birkhoff, Hendricks and
Carter. John Houcek seconded the motion. Motion passed.
4. Consider/Discuss/Action regarding approving a resolution to pay off the
remaining note for property located at 312 North Powell Parkway.
Since the sale of the 48 acre property, the EDC now has extra cash -on -hand to pay off
the note for the Old Post Office located at 312 N Powell. There are several
advantageous reasons for doing so, one being an improvement in the monthly cash flow
and ability to leverage a larger note for future projects. Alonzo Tutson made a motion to
adopt the resolution and approve the payoff. Lee Miller seconded the motion. Motion
passed.
5. Closed Session.
a. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex.
Gov't Code §551.072).
b. Discuss or deliberate Economic Development Negotiations:
(1) To discuss or deliberate regarding commercial or financial information that the
Board of Directors has received from a business prospect that the Board of
Directors seeks to have locate, stay, or expand in or near the territory of the City
of Anna and with which the Board is conducting economic development
negotiations; or
(2) To deliberate the offer of a financial or other incentive to a business prospect
described by subdivision (1) (Tex. Gov't Code §551.087).
Connie Stump read the foregoing into the record. Michael Williams made a mo-
tion to move to Closed Session that was seconded by Brent Thomas. Motion
passed and the Board entered into Closed Session at 5:22 p.m. After discussing
the business at hand, John Houcek made a motion to adjourn Closed Session
and return to Open Session. Brent Thomas seconded the motion. Motion
passed, and Closed Session was adjourned on Thursday, January 7, 2016 at
5:38 p.m.
6. Consider/Discuss/Action regarding the performance agreement with Empowered
Training Centre.
John Houcek made a motion to table the item. Michael Williams seconded the motion.
Motion to table passed.
7. Consider/Discuss/Action regarding the performance agreement with Nimbix.
Michael Williams made a motion to draft an amendment to the current agreement with
IMPORTANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda. The
Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is
considered necessary and legally justified under the Opening Meetings Act. Disable persons who want to attend this meeting and
who may need assistance should contact the City Secretary at 972-924-3325 two working days prior to the meeting so that
appropriate arrangements can be made.
01-07-2016 Regular EDC Minutes.doc
Nimbix showing the re -payment schedule with no prepayment penalties. The motion
was seconded by John Houcek. Motion passed.
8. Consider/Discuss/Action regarding minutes from December 3, 2015.
Lee Miller made a motion to accept the as written minutes. Brent Thomas seconded the
motion. Motion passed.
9. Adjourn.
Brent Thomas made a motion to adjourn the meeting. Doug Hermann seconded the
motion and the meeting adjourned at 5:44p.m.
APPROVED:
C-�-��r -
Constance Ann Stump, President 17
Anna Economic Development Corporation
ATTESTED:
Sherilyn Goof q
Anna Economic
ion
IMPORTANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda. The
Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is
considered necessary and legally justified under the Opening Meetings Act. Disable persons who want to attend this meeting and
who may need assistance should contact the City Secretary at 972-924-3325 two working days prior to the meeting so that
appropriate arrangements can be made.
01-07-2016 Regular EDC Minutes.doc 3
MINUTES OF REGULAR MEETING OF THE
ANNA COMMUNITY DEVELOPMENT CORPORATION
Thursday, January 7, 2016
The Anna Community Development Corporation ("CDC") of the City of Anna met at
5:00' p.m., on Thursday, January 7, 2016, at the Anna City Hall Administration
Building, 111 North Powell Parkway (Hwy. 5), Anna, Texas.
1. Call to Order
John Houcek, President, called the meeting to order at 5:00 p.m., and after roll call and
the establishment of a quorum, the following items were presented to the Directors for
their consideration.
2. Roll Call and Establishment of Quorum.
Directors in attendance: Alonzo Tutson, Brent Thomas, Connie Stump, John Houcek,
Doug Hermann (running late due to traffic), Lee Miller, and Michael Williams.
Directors in Abstention: All in attendance.
A quorum was declared present and the floor was open for business.
Others in attendance: Clark McCoy, legal counsel for CDC; and Jessica Perkins Chief
Administrative Officer.
3. Invocation and Pledge.
John Houcek gave the invocation and led the group in the Pledge of Allegiance.
a. Closed Session.
a. Discuss or deliberate the purchase, exchange, lease, or value of real property
(Tex. Gov't Code §551.072).
b. Discuss or deliberate Economic Development Negotiations:
' ADDITIONAL NOTICE REGARDING MEETING TIME: In the event that the Anna Economic Development
Corporation meets at the same time and place scheduled for this meeting, then this meeting will be delayed and
will begin immediately after the conclusion of the meeting of the Anna Economic Development Corporation.
IMPOUAN"ILEGAL NO"rIC13: the Corporation may vote and/or act upon each orthe items listed in this agenda. the
Corporation reserves the right to retire into executive session concerning any orthe items listed on this agenda, whenever it si
considered necessary and legally justif ied under the Opening Meetings Act. Disable persons who want to attend this meeting and
who may need assistance should contact the City Secretary at 972 92A-3325 two working days prior to the meeting so that
appropriate arrangements can be made.
01-07-2016 Regular CDC Minutes.doc i
(1) To discuss or deliberate regarding commercial or financial information that the
Board of Directors has received from a business prospect that the Board of
Directors seeks to have locate, stay, or expand in or near the territory of the City
of Anna and with which the Board is conducting economic development
negotiations; or
(2) To deliberate the offer of a financial or other incentive to a business prospect
described by subdivision (1) (Tex. Gov't Code §551.087).
No action.
5. Consider/Discuss/Action regarding funds granted under a line of credit agreement
with Empowered Training Centre.
Michael Williams made a motion to table this item. The motion was seconded by Alonzo
Tutson. Motion passed.
6. Consider/Discuss/Action regarding minutes from December 3, 2015.
Michael Williams made a motion to accept the minutes as written. Brent Thomas
seconded the motion. Motion passed.
7. Adjourn.
Brent Thomas made a motion to adjourn the meeting. Lee Miller seconded the motion
and the meeting adjourned at 6:07 p.m.
APPROVED:
John Houcek
President of CDC
ATTESTED:
Sherilyn GqOfr
Secretary of C
IMPORTANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda. The
Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it si
considered necessary and legally justified under the Opening Meetings Act. Disable persons who want to attend this meeting and
who may need assistance should contact the City Secretary at 972-924-3325 two working days prior to the meeting so that
appropriate arrangements can be made.
01-07-2016 Regular CDC Minutes.doc
CITY OF ANNA, TEXAS
Item No. 7
City Secretary's use only
City Council Agenda
Staff Report
Date: March 22, 2016
Staff Contact: Philip Sanders
Exhibits: Yes.
AGENDA SUBJECT: Briefing regarding AISD Bond Election.
SUMMARY: Dr. Bradley Duncan with Anna ISD has asked for time to share with
the Council information about the AISD Bond election in May, and answer any
questions the Council may have about the bond program.
3/17/2016
Bond Election 2016 - Anna Independent Schools
FA
ANNA 150
Anna ISD
MAY 2016 BOND ELECTION
To provide classrooms for student growth
• To expand course opportunities for students
* To prevent adding more portable buildings
• Eliminate most portable buildings presently in use
• To repair and maintain existing aging facilities
• This is a NO TAX INCREASE election
Tax Rates will not increase due to this election
http://www.annaisd.org/cros/one.aspx?portal Id=5780317&pageld=15412905 2/3
3/17/2016
Bond Election 2016 - Anna Independent Schools
Anna ISD
MAY 2016 BOND ELECTION
DISTRICT INFORMATION
Anna is a fast growth district in northern Collin
County, featuring a small town atmosphere with a
progressive educational system.
Our district is approximately 64 square miles, with our
current enrollment at over 3,000 students_ We are a
4A district with five campuses.
Anna ISD has experienced growth in residential
housing as well as commercial construction that
bringing more students to our schools. Anna Schools
are filling to capacity with portable buildings being
utilized to accommodate the population growth.
The school board unanimously voted to call for a
$155M Band Election to address growth, enhance
safety, security and instruction.
YEAR
CHANGE FROM YEAR
# OF STUDENTS
BEFORE
6EFORE
2005
1300
-16.0
2010
2188
+2.39
2012
2362
•2,30
2414
2646
+5.13
2016
307,
+6.9%
ENROLLMENT-f
% of change from Previous
Year
9 or Students
year
2018
3552
+7.83
2020
4293
+9.60
2022
5137
+8.35
2024
6008
*8.04
2026
6926
+6.08
L601
ANNA 150�
• Elementary Schools #3 and #4
• Anna High School Classroom Additions
• Anna Biddle School #2
• Stadium Press Box Replacement
• Anna Middle School #1 Phase 2
• District Repairs HVAC & Roofing
5 to 7 Year Plan Based on Growth
• $155 Million Bond Amount
• NO TAX INCREASE
EARLY VOTING: CITY HALL
• 4/25-4127 13:00am-5:00pm
• 4/28 8:00am-7:00pm
• 4/29-4130 8:00am-5.00pM
• 5/2 & 513 7.00am-7.00pm
ELECTION DAY: CITY HALL
• 5/712016 7:00am-7:03pm
Voters may also vote on the days listed
above at the Collin Co_ Elections Office,
2010 Redbud Blvd, #102, McKinney, Tx, 750M
I NU 1 c wt,;KLA _t t5UMu
thieving • excelle • together
ANNA ISD
501 S Sherley Ave, Anna TX 75409 1 Phone: 972.924.1000 1 Fax 972.924.1001
http://www.annaisd.org/cros/one.aspx?portal Id=5780317&pageld=15412905 3/3
CITY OF ANNA, TEXAS
Item No. 8
City Secretary's use only
City Council Agenda
Staff Report
Date: March 22, 2016
Staff Contact: Maurice Schwanke
Exhibits: Yes.
AGENDA SUBJECT: Conduct a Public Hearing (1st) on the voluntary
annexation of a 75.97 acre tract of land located in the Joseph Schluter Survey,
Abstract No. 856; a 32.84 acre tract of land in the Henry Smith Survey, Abstract
822; a 73.47 acre tract of land in the Zach Roberts Survey, Abstract 760; a 20.7
acre tract of land in the P Burns Survey, Abstract 100; and a 60.04 acre tract of
land in the Jonas Whitaker Survey, Abstract 98.
SUMMARY: In December of 2012 the City Council accepted and approved non -
annexation development agreements with a term of three years for property
owners in the area commonly known as the Slayter Creek Addition which
included ten properties. Additionally, in December of 2010 the City Council
accepted and approved a non -annexation agreement with a term of 5 years for
the property commonly known as the Hurricane Creek Country Club located west
of U.S. 75 and north of S.H. 455.
These non -annexation agreements expired in December of last year. Per the
terms of the agreements, the respective owners are deemed to have properly
filed with the City a petition consenting to voluntary annexation of the respective
properties to be completed upon or after the end of the term.
STAFF RECOMMENDATION:
Hold First Public Hearing
372
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75
SIT
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371
373
EXHIBIT B
ANNEXATION SERVICE PLAN
POLICE PROTECTION
On the effective date of annexation, the City of Anna, Texas and its Police Department
will provide police protection to the newly annexed area at the same or similar level of
service now being provided to other areas of the City of Anna, Texas with similar
topography, land use, and population density within the newly annexed area.
FIRE PROTECTION
On the effective date of annexation, the City of Anna, Texas and its Fire Department will
provide fire protection to the newly annexed area at the same or similar level of service
now being provided to other areas of the City of Anna, Texas with similar topography,
land use, and population density within the newly annexed area.
EMERGENCY MEDICAL SERVICES
On the effective date of annexation, the City of Anna, Texas, through its contract with
Collin County or another service provider, will provide emergency medical services to
the newly annexed area at the same or similar level of service now being provided to
other areas of the City of Anna, Texas with similar topography, land use, and population
density within the newly annexed area.
SOLID WASTE COLLECTION
On the effective date of annexation, the City of Anna, Texas, through its contract with
Bradshaw and Son or another service provider, will provide solid waste collection to
residents and businesses in the newly annexed area (to the extent that the service
provider has access to the area to be serviced) at the same or similar level of service
now being provided to other areas of the City of Anna, Texas with similar topography,
land use, and population density within the newly annexed area. Such service will be
provided in accordance with existing City policies and Ordinances, and only upon
payment of any required deposits and the agreement to pay lawful service fees and
charges for solid waste collection.
Residents and businesses of the newly annexed area that have existing contracts with
solid waste service providers have two years from the date of annexation or until the
termination date of the existing contract, whichever is sooner, to begin solid waste
Page 1 of 4
collection service through the City. Solid waste collection is mandatory for City of Anna
residents and businesses operating within the city limits.
WATER AND WASTEWATER FACILITIES
On the effective date of annexation, any and all water or wastewater facilities owned by
the City of Anna, Texas at the time of annexation shall be maintained and operated by
the City of Anna, Texas. Of such facilities, the City will maintain the water distribution
and wastewater collection main lines. All water and wastewater service lines, shall be
maintained by the property owner served by the service connection.
Residents and owners of property in newly annexed areas that are located within the
City's water or wastewater CCN will be offered water and wastewater service in
accordance with City policies and ordinances in existence at the time of annexation or
as may be amended from time -to -time by the City Council. Generally, these ordinances
state that the land owner or customer must bear the cost of construction of water and
wastewater system facilities to a point where suitable connection to the existing system
can be made and service to the customer can be provided. All water and wastewater
facilities designed to connect to the City's existing system must be approved by the City
and meet all City zoning, subdivision, and other development ordinances and
requirements. The City may decline to provide water or wastewater service in areas
already receiving such services from another duly certificated services provider.
ROADS AND STREETS
On the effective date of annexation, any and all existing public roads or streets in the
newly annexed area which have been dedicated to Collin County, Texas or to the City
of Anna, Texas, or which are owned by the City of Anna, Texas shall be maintained to
the same degree and extent that other roads and streets are maintained in areas of the
City with similar topography land use and population density. Specific maintenance
activities are determined by available funding and the need for maintenance as
determined by the City. The City is not obligated to maintain any portion of a private
road or street. Any and all lighting of roads and streets which may be positioned in a
public right of way, roadway or utility company easement shall be maintained by the
applicable utility company servicing that area of the City of Anna, Texas pursuant to the
rules regulations and fees of such utility.
An owner of land within the newly annexed area that desires to develop said property
will be required pursuant to the ordinances of the City of Anna, Texas to provide internal
and peripheral streets and to construct those streets in accordance with the
specifications required by the City of Anna, Texas.
Page 2 of 4
PARKS PLAYGROUNDS AND SWIMMING POOLS OR ANY
OTHER PUBLICLY OWNED FACILITY BUILDING OR SERVICE
The City Council of the City of Anna, Texas is not aware of the existence of any public
parks, public playgrounds, public swimming pools, or any other publicly owned facility,
building or service now located in the area proposed for annexation. In the event any
such parks, playgrounds, swimming pools, or any other public facilities, buildings or
services do exist and are public facilities, the City of Anna, Texas, upon acquisition of
such facilities at no cost to the City of Anna, Texas, will maintain such areas upon
annexation to the same extent and degree that it maintains public parks, public
playgrounds, public swimming pools, other public facilities buildings or services and
other similar areas of the City now incorporated in the City of Anna, Texas.
OTHER MUNICIPAL SERVICES
Following annexation by the City of Anna, Texas, the City will provide code
enforcement, planning, and animal control services to the newly annexed area, to the
extent such services are funded in the annual budget and provided by the City within its
full -purpose boundaries. Such services will be provided to the newly annexed area at
the same or similar level of service now being provided to other areas of the City of
Anna, Texas with similar topography, land use, and population density within the newly
annexed area.
CONSTRUCTION OF CAPITAL IMPROVEMENTS
The City Council of the City of Anna, Texas finds and determines it to be unnecessary
to acquire or construct specific capital improvements for the purposes of providing full
municipal services to the newly annexed area. The City Council finds and determines
that it has at the present time adequate facilities to provide the same type, kind and
level of service which exists in and is presently being administered to other areas
already incorporated in the City of Anna, Texas with the same or similar topography,
land use and population density.
SPECIFIC FINDINGS
The City Council of the City of Anna, Texas finds and determines that this proposed
Service Plan will not provide any fewer services and it will not provide a lower level of
service in the area proposed to be annexed than were in existence in the proposed area
at the time immediately preceding the annexation process. Furthermore, the City
Council of the City of Anna, Texas finds and determines that the rural nature of the area
is characteristically different from other more highly developed areas within the
corporate limits of the City of Anna, Texas. Consequently because of the differing
characteristics of topography, land use, and population density the service levels which
may ultimately be provided in the newly annexed area may differ somewhat from
Page 3 of 4
services provided in other areas of the City of Anna, Texas. These differences are
specifically dictated because of differing characteristics of the property. The City of
Anna, Texas will undertake to perform consistent with this service plan so as to provide
this newly annexed area with the same type, kind and quality of service presently
enjoyed by the citizens of the City of Anna, Texas who reside in areas of similar
topography, land use and population density.
TERM
This Service Plan shall be valid for a term of ten (10) years. Renewal of the
Service Plan shall be at the discretion of the City Council.
AMENDMENTS
This Service Plan may be amended if the City Council determines at a public
hearing that changed conditions or subsequent occurrences make this Service
Plan unworkable or obsolete. The City Council may amend the Service Plan to
conform to the changed conditions or subsequent occurrences pursuant to Texas
Local Government Code, Section 43.056.
Page 4 of 4
CITY OF ANNA, TEXAS
Item No. 9
City Secretary's use only
City Council Agenda
Staff Report
Meetinq Date:
.staff rnntact-
Exhibits:
March 22, 2016
Maurice Schwanke
Yes
AGENDA SUBJECT: Consider/Discuss/Action on a Resolution instituting
Annexation proceedings and setting the dates, times and places for public
hearings for the annexation of a 32.295 acre tract of land located in the Henry
Smith Survey, Abstract No. 0823.
SUMMARY: This proposed annexation involves approximately 32.295 acres of
land. The area contains 5 parcels of property with 5 single family homes and is
bounded on three sides by neighborhoods that are inside the city limits. All five
properties currently have City water service.
The Resolution (if approved) would initiate or begin annexation proceedings of
the area shown on the attached Exhibit. If the Resolution is adopted, the City will
schedule two public hearings that will be held during the regular City Council
Meetings on May 10t" and May 24t". During the first public hearing, Staff will
present a plan that will explain how the city will fulfill its obligation to extend full
municipal services to the properties being annexed. A final vote on the
annexation would be scheduled on June 21st
Prior to annexing properties that are appraised for property tax purposes as land
for agricultural, wildlife management use, or as timber land (as defined in
Subchapter C, D, or E Chapter 23, Tax Code) the City is required to offer to
make a development agreement with the landowner. Such a development
agreement would:
1) guarantee the continuation of the extraterritorial (outside the city limits)
status of the property for a period of time; and
2) authorize the enforcement of all regulations and planning authority of the
city that do not interfere with the use of the property for agriculture, wildlife
management, or timber.
The City could elect to proceed with annexation of property with a qualifying tax
exemption if the owner declines a development agreement offer extended by the
City. The Council may elect to extend the same development agreement offer to
the owners of properties that do not have a qualifying tax exemption.
The attached Resolution directs the City Manager offer the Development
Agreement referenced in the Resolution as Exhibit B to all the property owners
within the area proposed for annexation regardless of whether their property has
a qualifying tax exemption. The proposed Development Agreement (if executed
by the property owner & approved by the Council) would guarantee that the
property would remain outside the city limits for three (3) years. At the
conclusion of the three-year period, the property owner would consent to
voluntary annexation in 2019.
STAFF RECOMMENDATION: The City's Comprehensive Plan includes a
chapter on Growth Management (Chapter 4) that outlines policies and strategies
for managing the growth of the City. The Comprehensive Plan suggests that the
City proactively annex land within its ETJ that becomes attractive for
development due to availability of municipal utilities, and other locations that are
in close proximity to areas being subdivided and developed. Proper management
of development in the urbanizing areas depends upon annexation and the
application of zoning regulations that support the City's Future Land Use Plan.
Staff recommends approval of the attached Resolution.
CITY OF ANNA, TEXAS
RESOLUTION NO.
(Voluntary Annexation Proceedings)
A RESOLUTION INSTITUTING ANNEXATION PROCEEDINGS AND SETTING THE
DATES, TIMES AND PLACES FOR PUBLIC HEARINGS FOR THE ANNEXATION OF
32.295 ACRES OF LAND LOCATED IN THE HENRY SMITH SURVEY, ABSTRACT
NO. 0823; AND DIRECTING THE CITY MANAGER TO OFFER ON BEHALF OF THE
CITY TO MAKE A DEVELOPMENT AGREEMENT WITH THE OWNERS OF
PROPERTY WITHIN THE AREA PROPOSED FOR ANNEXATION.
WHEREAS, in order to better protect the health, safety, and welfare of the citizens of
Anna, the City Council of the City of Anna, Texas (the "City Council") wishes to consider
annexation of certain property described in Exhibit A; and
WHEREAS, said territory lies adjacent or contiguous to the present boundaries of the
City of Anna, Texas;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2.
Public hearings regarding the proposed annexation are hereby scheduled as follows:
1st Public Hearing — May 10, 2016 at 7:30 p.m. in the City Council Chambers at the
Anna City Hall Administrative Building, 111 N. Powell Pkwy, Anna, TX
2nd Public Hearing — May 24, 2016 at 7:30 p.m. in the City Council Chambers at the
Anna City Hall Administrative Building, 111 N. Powell Pkwy, Anna, TX
Section 3.
The City Council hereby directs the City Manager to prepare a service plan that
provides for the extension of full municipal services as required and appropriate for the
area shown in Exhibit A.
Section 4.
The City Council hereby directs the City Manager offer on behalf of the City, to make
the Development Agreement, attached hereto as Exhibit B, with the owners of all
properties located within the area proposed for annexation, including the owners of any
properties that are appraised for property tax purposes as land for agricultural, wildlife
management use, or as timber land (as defined in Subchapter C, D, or E Chapter 23,
Tax Code).
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this the
22nd day of March, 2016.
ATTEST:
APPROVED:
Carrie L. Smith, City Secretary Mike Crist, Mayor
CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 2 OF 2
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WHITE STREET (F.M
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EXHIBIT B
STATE OF TEXAS )
COUNTY OF COLLIN )
CHAPTER 43 & CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE
DEVELOPMENT AGREEMENT
This Agreement is entered into pursuant to Sections 43.035 and/or 212.172 of the
Texas Local Government Code by and between the City of Anna, Texas (the "City") and
the undersigned property owner(s) (the "Owner"). The term "Owner" includes all owners
of the Property.
WHEREAS, Owner and the City are sometimes collectively referenced in this
Agreement as the "Parties" or, each individually, as "Party"; and
WHEREAS, the Owner owns a parcel of real property(s) (the "Property") in Collin
County, Texas, commonly described as (insert brief property description); and as shown
in the attached Exhibit "A"; and
WHEREAS, the Owner desires to have the Property remain in the City's extraterritorial
jurisdiction, in consideration for which the Owner agrees to enter into this Agreement;
and
WHEREAS, this Agreement is entered into pursuant to Sections 43.035 and/or 212.172
of the Texas Local Government Code, in order to address the desires of the Owner and
the procedures of the City; and
WHEREAS, the Owner and the City acknowledge that this Agreement is binding upon
the City and the Owner and their respective successors and assigns for the Term
(defined below) of this Agreement; and
WHEREAS, this Development Agreement is to be recorded in the Real Property
Records of Collin County;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
parties hereto agree as follows:
Section 1. IMMUNITY FROM ANNEXATION
The City guarantees the continuation of the extraterritorial status of the Owner's
Property, its immunity from annexation by the City, and its immunity from City property
taxes, for the Term of this Agreement, subject to the provisions of this Agreement.
Except as provided in this Agreement, the City agrees not to annex the Property, agrees
not to involuntarily institute proceedings to annex the Property, and further agrees not to
include the Property in a statutory annexation plan for the Term of this Agreement.
However, if the Property is annexed pursuant to the provisions of this Agreement, then
the City shall provide services to the Property pursuant to Chapter 43 of Texas Local
Government Code.
Section 2. OWNER OBLIGATIONS
(a) Owner covenants and agrees not to use the Property for any use other than for
the Existing Land Uses or for agriculture, wildlife management, and/or timber
land consistent with Chapter 23 of the Texas Tax Code, without the prior written
consent of the City.
1. Existing Land Uses mean the legal uses of the Property in existence as of
the Effective Date of this Agreement.
(b) Owner covenants and agrees that the Owner will not file any type of subdivision
plat or related development document for the Property with Collin County or the
City until the Property has been annexed into, and zoned by, the City.
(c) Owner covenants and agrees not to construct, or allow to be constructed, any
building on the Property that would require a building permit if the Property were
in the city limits, until the Property has been annexed into, and zoned by, the
City.
(d) Owner acknowledges that each and every owner of the Property must sign this
Agreement in order for the Agreement to take full effect, and the Owner who
signs this Agreement covenants and agrees, jointly and severally, to indemnify,
hold harmless, and defend the City against any and all legal claims, by any
person claiming an ownership interest in the Property who has not signed the
Agreement, arising in any way from the City's reliance on this Agreement.
(e) Owner acknowledges that if any plat or related development document is filed in
violation of this Agreement, or if the Owner commences development of the
Property in violation of this Agreement, then in addition to the City's other
remedies, such act will constitute a petition for voluntary annexation by the
Owner, and the Property will be subject to annexation at the discretion of the City
Council. The Owner agrees that such annexation shall be voluntary and the
Owner hereby consents to such annexation as though a petition for such
annexation had been tendered by the Owner. If annexation proceedings begin
pursuant to this Section 2(e), the Owner acknowledges that this Agreement
serves as an exception to Local Government Code Section 43.052, requiring a
municipality to use certain statutory procedures under an annexation plan.
Furthermore, the Owner hereby waives any and all vested rights and claims that
they may have under Section 43.002(a)(2) and Chapter 245 of the Texas Local
Government Code that would otherwise exist by virtue of any actions Owner has
taken in violation of Section 2 herein. The Owner further agrees that the Owner
will not in any manner contest any annexation of the Property initiated by the City
under this Section 2(e) or any annexation of the Property completed by the City
after the Term of this Agreement.
Section 3. CITY REGULATIONS AND PLANNING AUTHORITY
Pursuant to Sections 43.035(b)(1)(B) of the Texas Local Government Code, the City is
authorized to enforce all of the City's regulations and planning authority that do not
materially interfere with the uses of the Property authorized under Section 2(a) of this
Agreement.
Section 4. EFFECTIVE DATE
The "Effective Date" of this Agreement is the date that the last of the Parties' signatures
to this Agreement is fully and properly affixed to this Agreement and acknowledged by a
notary public. The City's duties and obligations hereunder shall not arise unless and
until the City Council has duly adopted this Agreement and Owner has duly executed
this Agreement and delivered same to the City.
Section 5. TERM
(a) The term of this Agreement (the "Term") is three (3) years from the Effective
Date.
(b) The Owner, and all of the Owner's heirs, successors and assigns shall be
deemed to have filed a petition for voluntary annexation before the end of the
Term, for annexation of the Property to be completed on or after the end of the
Term. Prior to the end of the Term, the City may commence the voluntary
annexation of the Property. In connection with annexation pursuant to this
Section 5(c), the Owners hereby waive any vested rights they may have under
Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that
would otherwise exist by virtue of any application, plan, plat or construction any
of the Owners may submit or initiate during the time between the expiration of
this Agreement and the institution of annexation proceedings by the City.
Section 6. TEMPORARY ZONING
Property annexed pursuant to this Agreement shall be temporarily classified as SF-E
Single Family Residential — Large Lot District until permanent zoning is established by
the City Council pursuant to the City's Code of Ordinances, pending determination of
the Property's permanent zoning in accordance with the provisions of applicable law
and the City's Code of Ordinances.
Section 7. MISCELLANEOUS PROVISIONS
(a) Any person who sells or conveys any portion of the Property shall, prior to such
sale or conveyance, gives written notice of this Agreement to the prospective
purchaser or grantee.
(b) This Agreement shall run with the Property and be recorded in the real property
records of Collin County, Texas.
(c) If a court of competent jurisdiction determines that any covenant of this
Agreement is void or unenforceable, including the covenants regarding
involuntary annexation, then the remainder of this Agreement shall remain in full
force and effect.
(d) This Agreement may be enforced by any Owner or the City by any proceeding at
law or in equity. Failure to do so shall not be deemed a waiver to enforce the
provisions of this Agreement thereafter.
(e) No subsequent change in the law regarding annexation shall affect the
enforceability of this Agreement or the City's ability to annex the properties
covered herein pursuant to the terms of this Agreement.
(f) Exclusive jurisdiction and venue for disputes arising out of or related in any way
to this Agreement shall be in Collin County, Texas.
(g) This Agreement may be separately executed in individual counterparts and, upon
execution, shall constitute one and same instrument.
(h) This Agreement shall survive its termination to the extent necessary for the
implementation of the provisions of Sections 2(e) and 5(b) herein.
Entered into this day of
Philip Sanders
City Manager, City of Anna, Texas
THE STATE OF TEXAS }
COUNTY OF COLLIN }
2016.
This instrument was acknowledged before me on the _day of 2016, by
Philip Sanders, City Manager, City of Anna, Texas.
Notary Public, State of Texas
Owner 1
Printed Name:
THE STATE OF TEXAS)
COUNTY OF }
This instrument was acknowledged before me on the _day of 2016, by
, Owner 1.
Notary Public, State of Texas
Owner 2
Printed Name:
THE STATE OF TEXAS)
COUNTY OF }
This instrument was acknowledged before me on the _day of 2016, by
, Owner 2.
Notary Public, State of Texas
Owner 3
Printed Name:
THE STATE OF TEXAS)
COUNTY OF }
This instrument was acknowledged before me on the _day of 2016, by
, Owner 3.
Notary Public, State of Texas
Owner 4
Printed Name:
THE STATE OF TEXAS)
COUNTY OF }
This instrument was acknowledged before me on the _day of 2016 , by
Owner 4.
Notary Public, State of Texas
CITY OF ANNA, TEXAS
Item No. 10
City Secretary's use only
City Council Agenda
Staff Report
Date: March 22, 2016
Staff Contact: Maurice Schwanke
Exhibits: Yes.
AGENDA SUBJECT: A Resolution approving the First Agreement Amending the
Subdivision Improvement Agreement for Anna Crossing Phase 1A.
SUMMARY: In February of 2015, the City Council approved an Agreement that
provided for the future dedication of a 3.5 acre tract of land to be developed as a
neighborhood park within the Anna Town Square (Anna Crossing) development.
The attached First Amendment to this Agreement would remove the requirement
for the owner to dedicate the 3.5 acre tract to the City. In lieu of the land
dedication, the amended agreement would require the Owner (within 6 months)
to either:
provide a payment to the City equal to $250 for each dwelling unit located
within the Anna Town Square development for which a building permit
was issued prior to the Effective Date of this First Amendment; or
2. solely at the option of the City and only upon written approval by the City
Council, donate a tract of land 3.5 acres or larger to the City. The City is
not obligated to accept any tract of land offered by the Owner under this
First Amendment.
Staff has advised the Owner that the City is interested in acquiring 40 to 50 acres
or more for a community park in this area.
STAFF RECOMMENDATION: Staff recommends approval of the attached
Resolution and Agreement.
CITY OF ANNA, TEXAS
RESOLUTION NO.
(Anna Crossing Ph. 1A — SIA)
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE FIRST AGREEMENT
AMENDING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR ANNA CROSSING
PHASE 1A.
WHEREAS, on March 24, 2015 the City of Anna Texas ("City") entered into a Subdivision
Improvement Agreement for Anna Crossing, Phase 1A ("SIA"); and
WHEREAS, the City now desires to amend the original SIA to address the dedication of park
land; and
WHEREAS, the City Council of the City of Anna, Texas ("City Council") finds that approval of
this Agreement will benefit the City and is in the best interests of the citizens of Anna;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Approval Agreements.
The City Council hereby approves the First Agreement Amending Subdivision Improvement
Agreement for Anna Crossing Phase 1A, attached hereto as Exhibit 1; and authorizes,
ratifies and approves the City Manager's execution of same. The City Manager is hereby
authorized to execute all documents and to take all other actions necessary to finalize, act
under, and enforce this Agreement.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this the 22nd
day of March, 2016.
ATTEST: APPROVED:
Carrie L. Smith, City Secretary Mayor, Mike Crist
FIRST AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT
ANNA CROSSING, PHASE 1A
This First Agreement Amending Subdivision Improvement Agreement for Anna Crossing,
Phase 1A (this "First Amendment") is entered into between and among the City of Anna, Texas
(the "City") and City of Anna, Texas, a home -rule municipality (the "City") and Anna Crossing
AMC, Ltd., Anna Crossing Phase 1A, Ltd., Anna Town Center No.1/BGRT, Ltd., and Anna
Town Center No. 4/SHRP, Ltd., (collectively, "Owner"). The term "Owner" includes all owners
of the Property, and each of the owners of the Property are jointly and severally bound to the
obligations of the "Owner" under this Agreement. %NO.JW
WHEREAS, Owner and the City are sometimes collectively referenced in this First
Amendment as the "Parties"; and
WHEREAS, on March 24, 2015 the Parties previously entered into a Subdivision Improvement
Agreement for Anna Crossing, Phase 1A ("SIA"); and
%..
WHEREAS, the City and Owner now desire to amend the SIA to address the dedication of
park land; and
WHEREAS, the capitalized terms used in this First Amendment are as defined in the SIA
unless expressly set forth to the contrary herein; and
WHEREAS, it is the Parties' mutual intent that this First Amendment shall govern only the
subject matter specifically set forth herein and shall supersede any previous agreement
between the Parties and City Regulations only to the extent that any such agreements or City
Regulations directly conflict with the terms of this First Amendment; and
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties
agree as follows:
SECTION 1 RECITALS INCORPORATED
The recitals set forth above are incorporated herein as if set forth in full to further describe the
Parties' intent under this First Amendment and said recitals constitute representations by
Owner and the City.
SECTION 2 AMENDMENT TO SECTION 5
Section 5 of the SIA is hereby amended to wholly delete its current content.
SECTION 3
(a) Within six (6) months of the Effective Date, Owner shall either:
FIRST AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT
ANNA CROSSING, PHASE 1A Page 11
1) provide a payment to the City equal to $250 for each dwelling unit located within
the Anna Town Square development (more particularly described in Exhibit "C" of
the SIA) for which a building permit was issued prior to the Effective Date of this
First Amendment; or
2) solely at the option of the City and only upon written approval by the City Council
of the City of Anna, Texas (the "City Council"), donate to the City by irrevocable
deed of dedication for public use, the form and content of which shall be
approved by the City, a tract of land 3.5 acres or larger. 4F N,
(b) The City is not obligated to accept any tract of land offered by the Owner under this First
Amendment. If, within six (6) months of the Effective Date, the City Council does not
approve a resolution accepting a land donation offered by Owner, then Owner shall
make the payment required under Section 3(a)(1) of this First Amendment.
SECTION 3 CONFLICTS AND EFFECTIVE DATE
To the extent of any conflict between this First Amendment and the SIA, this First Amendment
shall govern. The Effective Date of this First Amendment is the date that the last of the
Parties' signatures to this First Amendment is fully and properly affixed to this First
Amendment and acknowledged by a public notary. The City's duties and obligations hereunder
shall not arise unless and until the City Council has duly adopted this First Amendment and
Owner has duly executed same.
[SIGNATURES PAGES FOLLOW, REMAINDER OF THIS PAGE INTENTIONALLY LEFT
BLANK]
FIRST AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT
ANNA CROSSING, PHASE 1A Page 12
Anna Crossing AMC, Ltd.
a Texas Limited Partnership
By: Anna Crossing AMC GP Corporation
a Texas Corporation,
its General Partner
go
Richard M. Skorburg, its President
IN WITNESS WHEREOF:
STATE OF TEXAS §
COUNTY OF §
Before me, the undersigned notary public, on the day of 12016,
personally appeared Richard M. Skorburg, known to me (or proved to me) to be the person
whose name is subscribed to the foregoing instrument, and acknowledged to me that he
executed the same in his capacity as President of Anna Crossing AMC GP Corporation, in its
capacity as general partner for Anna Crossing AMC, Ltd.
iry Public, State of Texas
FIRST AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT
ANNA CROSSING, PHASE 1A Page 13
Anna Crossing Phase 1A, Ltd.
a Texas Limited Partnership
By: Anna Crossing Phase 1A GP Corporation,
a Texas Corporation,
its General Partner
Richard M. Skorburg, its President
IN WITNESS WHEREOF:
STATE OF TEXAS §
COUNTY OF §
Before me, the undersigned notary public, on the day of 12016,
personally appeared Richard M. Skorburg, known to me (or proved to me) to be the person
whose name is subscribed to the foregoing instrument, and acknowledged to me that he
executed the same in his capacity as President of Anna Crossing Phase 1A GP Corporation, in
its capacity as general partner for Anna Crossing Phase 1A, Ltd.
iry Public, State of Texas
FIRST AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT
ANNA CROSSING, PHASE 1A Page 14
Anna Town Center No.1/113GRT, Ltd.
A Texas Limited Partnership
By: Anna Town Center No.1/BGRT GP Corporation,
a Texas Corporation,
its General Partner
Richard M. Skorburg, its President
IN WITNESS WHEREOF:
STATE OF TEXAS §
COUNTY OF §
`1
Before me, the undersigned notary public, on the day of 12016,
personally appeared Richard M. Skorburg, known to me (or proved to me) to be the person
whose name is subscribed to the foregoing instrument, and acknowledged to me that he
executed the same in his capacity as President of Anna Town Center No.1/BGRT GP
Corporation, in its capacity as general partner for Anna Town Center No. 1/BGRT, Ltd.
iry Public, State of Texas
FIRST AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT
ANNA CROSSING, PHASE 1A Page 15
Anna Town Center No. 4/SHRP, Ltd.
A Texas Limited Partnership
By: Anna Town Center No. 4/SHRP GP Corporation,
a Texas Corporation,
its General Partner
By:
Richard M. Skorburg, its President
IN WITNESS WHEREOF:
STATE OF TEXAS §
COUNTY OF §
`1
Before me, the undersigned notary public, on the day of 12016,
personally appeared Richard M. Skorburg, known to me (or proved to me) to be the person
whose name is subscribed to the foregoing instrument, and acknowledged to me that he
executed the same in his capacity as President of Anna Town Center No. 4/SHRP GP
Corporation, in its capacity as general partner for Anna Town Center No. 4/SHRP, Ltd.
iry Public, State of Texas
FIRST AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT
ANNA CROSSING, PHASE 1A Page 16
CITY OF ANNA
Philip Sanders, City Manager
STATE OF TEXAS §
COUNTY OF COLLIN §
Before me, the undersigned notary public, on the day or ,Lu-ib,
personally appeared Philip Sanders, known to me (or proved to me) to be the person whose
name is subscribed to the foregoing instrument and acknowledged to me that he executed the
same in his capacity as City Manager of the City of Anna and on behalf of the City of Anna.
ry Public, State of Texas
FIRST AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT
ANNA CROSSING, PHASE 1A Page 17
CITY OF ANNA, TEXAS
Item No. 11
City Secretary's use only
City Council Agenda
Staff Report
Meeting Date: March 22, 2016
Staff Contact: City Attorney
Exhibits: Ordinance
AGENDA SUBJECT: Consider/Discuss/Action regarding an ordinance
amending the Anna City Code of Ordinances regulating electioneering and signs.
SUMMARY:
Staff requested an amendment to the City's regulations governing electioneering.
The attached ordinance is consistent with the Texas Elections Code and Texas
Local Government Code with respect to restrictions on electioneering at polling
places during election periods. The ordinance also amends sections of the City's
sign regulations that deal with political signs.
STAFF RECOMMENDATION:
Approve attached ordinance.
City Secretary-1 - Sign Ordinance Amendment Staff Report
CITY OF ANNA, TEXAS
ORDINANCE NO.
(Political Signs)
AN ORDINANCE OF THE CITY OF ANNA, TEXAS ADDING A NEW SECTION 7 TO
PART II, ARTICLE 29 OF THE ANNA CITY CODE OF ORDINANCES; AMENDING
PART III-D (SIGN REGULATIONS) OF THE ANNA CITY CODE OF ORDINANCES,
SECTION 12 "POLITICAL SIGNS"; PROVIDING FOR A PENALTY FOR VIOLATION
OF THIS ORDINANCE; PROVIDING FOR SAVINGS, REPEALING AND
SEVERABILITY CLAUSES; PROVIDING FOR PUBLICATION OF THE CAPTION
HEREOF AND AN EFFECTIVE DATE.
WHEREAS, the Texas Legislature has authorized municipalities to impose reasonable
regulations on the types of electioneering activities on or near the premises of polling
places, including the posting, use, or distribution of political signs or literature; and
WHEREAS, the City of Anna, Texas ("the City") has previously adopted ordinances,
rules, and regulations governing signs, including but not limited to political signs; and
WHEREAS, the City of Anna, Texas City Council ("City Council") has compelling
interests in protecting the right of its citizens to vote freely for candidates of their choice,
protect its voters from confusion and undue influence, and preserving the integrity of its
election process; and
WHEREAS, the City Council has investigated and determines that it would be
advantageous and beneficial to enact local regulations regarding electioneering
activities by adding a new Section 7 to Part Il, Article 29 ("General Offenses") of the
Anna City Code of Ordinances ("Anna Code"); and
WHEREAS, the City Council has investigated and determined that it would be
advantageous and beneficial to the City and its citizens to amend Part III-D, Section 12
of the Anna Code by expanding the areas in which certain signs can be displayed within
a reasonable time before an election is held and during the regular voting period of an
election;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS:
Section 1. Recitals Incorporated.
The above -referenced recitals are incorporated herein as if set forth in full for all
purposes.
Section 2. Amendment.
In accordance with Part II, Article I, Section 9 of the Anna Code, the following new
Section 7 is added to Part II, Article 29 of the Anna Code:
Section 7. Electioneering
7.01 Definitions
Early voting period carries the meaning established under Texas Election Code
85.001, as amended.
Electioneering carries the meaning established under Texas Election Code § 61.003, as
amended or interpreted by courts of competent jurisdiction, and which presently
includes the posting, use, or distribution of political signs or literature. It does not include
City of Anna authorized signs, materials, or messages relating to the facilities.
Loiterinq and Loiters relate to the act of remaining in an area for a purpose other than
voting or conducting official business in the building in which the polling place is located.
Person includes individuals, firms, corporations, political parties and any other type of
entity or association,
Votinq period means the period beginning when the polls open for voting and ending
when the polls close or the last voter has voted, whichever is later to occur on election
day and voting days. The period for a runoff election shall be considered to be a
separate voting period.
7.02 Offense
(a) A person commits an offense if, during the voting period and within 100 feet of an
outside door through which a voter may enter the building in which a polling place is
located, the person loiters or electioneers for or against any candidate, measure, or
political party.
(b) A person commits an offense if, during the time an early voting polling place is open
for the conduct of early voting, the person electioneers for or against any candidate,
measure, or political party in or within 100 feet of an outside door through which a voter
may enter the building or structure in which the early voting polling place is located.
(c) A person commits an offense if, unless otherwise permitted by the Texas Election
Code, the person loiters in a polling place from the time the presiding judge arrives
there on election day to make the preliminary arrangements until the returns have been
certified and the election records assembled for distribution following the election.
(d) A candidate in the election commits an offense if the candidate loiters in a polling
CITY OF ANNA, TEXAS ORDINANCE NO. PAGE 2 OF 5
place during the period described by subsection (c). It is an exception to this subsection
if the candidate is not within plain view or hearing of the persons in the voting area (or
area in which voters are being accepted for voting) and is not engaged in campaign
activity.
(e) A person or candidate commits an offense if, during the time when a polling place is
open for the conduct of early voting, the person or candidate loiters in a polling place.
(f) It is an offense for any person to engage in electioneering during a voting period or
early voting period on driveways, parking areas, on medians within parking areas of a
polling place or early voting polling place located within a public building owned or
controlled by the City of Anna, whether or not such areas are more than 100 feet from
an outside door through which a voter may enter the building. This restriction does not
apply to electioneering signs that are attached to vehicles that are lawfully parked at the
premises of a polling location.
(g) In a prosecution for any offense under this section, the state does not need to allege
or prove a culpable mental state.
7.03 Penalty
An offense under this section is a Class C misdemeanor. Any person convicted of
violating this section shall be fined in an amount not to exceed $500 for each incident of
violation. Each act constituting a violation of this section may be considered a separate
offense and may be punished separately. The penal provisions imposed under this
section shall not preclude the City from pursuing any other lawful means of enforcing its
terms, including but not limited to filing suit to enjoin the violation. The City retains all
legal rights and remedies available to it pursuant to local, state, and federal law.
Section 3. Amendment. 11
In accordance with Part Il, Article I, Section 9 of the Anna Code, the following
amendment is made to Part III-D, Section 12 of the Anna Code:
Section 12. Political Signs
(a) With the exception of the regulations and restrictions expressly set forth in this
section, these Sign Regulations do not apply to Political Signs.
(b) Subject to the exception under subsection (d), Political Signs may not be located
anywhere with the exception of Private Real Property with the property owner's
consent.
CITY OF ANNA, TEXAS ORDINANCE NO. PAGE 3 OF 5
(c) Political signs must not:
(1) be illuminated;
(2) have any moving elements;
(3) exceed 36 square feet in area;
(4) exceed eight feet in height;
(5) be located in or obstruct any public right-of-way or easement or interfere with
the authorized use of any public right-of-way or easement; or
(6) create a nuisance or be in violation of any state or federal regulations or
restrictions.
(d) Political Signs regarding candidates or measures up for election may be displayed
on Private Deal Property beginning no earlier than 45 calendar days before a
general or special election, and shall be removed no later than seven days after the
election. No
(e) Period Exception: Subject to the limitations set forth in subsection (c), Political signs
may be placed on the premises of any polling place in a public building beginning
on the first day of the early voting period and until the close of the general or special
election, so long as they are not placed within 100 feet of any entrance to any
outside door which allow voters to enter a polling place building or within 100 feet of
a handicapped parking space and the designated path of travel to an outside door
for entrance to the polling place. In addition to the restrictions under subsection (c),
a sign placed under this exception must be no less than three feet from the edge of
the pavement of any public street or sidewalk, must not extend over any public
sidewalk or path, and must not be located anywhere that obstructs visibility for
drivers of motor vehicles.
(e)(f) Political Signs in violation of this subsection are strictly prohibited, and are subject
to be removed and destroyed without notice.
Section 3. Penalty.
A violation of any of the terms of this ordinance, whether herein denominated in this
ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted of
any such violation shall be fined in an amount not to exceed $500 for each incidence of
violation. Each day of continuance of such violation is considered a separate offense
and will be punished separately.
CITY OF ANNA, TEXAS ORDINANCE NO. PAGE 4 OF 5
Section 4. Savings, Severability and Repealing Clauses.
All ordinances of the City in conflict with the provisions of this ordinance are repealed to
the extent of that conflict. If any provision of this ordinance shall be held to be invalid or
unconstitutional, the remainder of such ordinance shall continue in full force and effect
the same as if such invalid or unconstitutional provision had never been a part hereof
The City declares that it would have passed this ordinance, and each section
subsection, sentence, clause, or phrase thereof irrespective of the fact that al
more sections, subsections, sentences, clauses, and phrases be
unconstitutional or invalid. 4F
Section 5. Publication of the Caption Hereof and Effective Date.
This ordinance shall be in full force and effective upon the posting and/or publication, if
required by law, of its caption and the City Secretary is hereby directed to implement
such posting and/or publication.
PASSED by the City Council of the City of Anna, Texas, on this the day of
, 2016.
ATTESTED:
City Secretary, Carrie L.
CITY OF ANNA, TEXAS
Smith
9
ORDINANCE NO.
APPROVED:
Mayor, Mike Crist
PAGE 5OF5
CITY OF ANNA, TEXAS
Item No. 12
City Secretary's use only
City Council Agenda
Staff Report
Meeting Date: March 22, 2016
Staff Contact: Finance Director
Exhibits: Yes
AGENDA SUBJECT: Consider/Discuss/Take Action regarding an ordinance
adopting a Hotel Occupancy Tax
SUMMARY: During the City Council Workshop held on March 8, 2016 staff and
council discussed the adoption of a hotel occupancy tax (HOT tax). While there
is no specific hotel project proposed at this time, staff believes there will be
interest in the future from the private market for the development of a hotel in
Anna.
Texas Tax Code 351.002 allows all incorporated Texas municipalities to enact a
HOT tax within the city limits and the option for cities with a population of less
than 35,000 to adopt the tax in its extra -territorial jurisdiction (ETJ). There are
some variations in the code allowing for certain cities to adopt different tax rates
based upon criteria related to population and geographic location; however, the
City of Anna does not fall into any of these various categories and maximum
allowed rate is 7%. The proposed ordinance would adopt a 7% Hotel Occupancy
Tax within the city limits and within the extra -territorial jurisdiction (ETJ).
Staff have conducted a review of surrounding municipalities' respective HOT tax
rates and found the cities of Frisco, Allen, McKinney, Plano, Little Elm, Fairview,
Sherman, and Denison have all adopted a rate of 7%. The state HOT tax is 6%
making the total HOT tax paid in these cities 13%.
The use of HOT tax revenue is highly regulated and must promote tourism and
hotel and convention activity; however, in all cases, the revenue cannot support
general fund operations. All HOT tax funds would be reserved in a special HOT
tax fund to track all revenues and expenditures and ensure all expenditures are
made according to the tax code. The only administrative costs allowed are the
day-to-day operations, supplies, salaries, office rental, travel expenses, and
"other administrative costs" only if costs are incurred directly in the promotion and
servicing of expenditures authorized under section 351.101(a) of the Texas Tax
Code.
There is no statutory formula for determining the level of impact an event must
have to satisfy the requirement to directly promote tourism and hotel and
convention activity. Communities with successful tourism promotion programs
generally award the amount of the hotel occupancy tax by the proportionate
impact on tourism and hotel activity incident to the funding request. Entities
applying for hotel occupancy tax revenue funding indicate how they will market
the event to attract tourists and hotel guests. If an entity does not adequately
market its events to tourists and hotel guests, it is difficult to produce an event or
facility that will effectively promote tourism and hotel activity.
The City will be required to manage the allocation of HOT tax revenue to eligible
expenditures. To fulfill this obligation, the City may contract for the management
or supervision of programs funded by the HOT tax.
STAFF RECOMMENDATION: Staff recommends approval of the attached hotel
occupancy tax ordinance.
CITY OF ANNA, TEXAS
ORDINANCE NO.
(Hotel Occupancy Tax)
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE CODE OF -
ORDINANCES, CITY OF ANNA, TEXAS, PART II, ARTICLE 57 (TAXATION), BY
ADOPTING ARTICLE 57, SECTION 2 (HOTEL OCCUPANCY TAX) TO INCLUDE
ALL COSTS AND FEES CHARGED TO HOTEL OCCUPANTS FOR THE USE,
POSSESSION, OR THE RIGHT TO USE OR POSSESSION OF A HOTEL ROOM;
PROVIDING FOR A $500 PENALTY FOR DELINQUENCY; PROVIDING FOR
SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Texas Legislature has passed legislation authorizing municipalities to
impose a tax on persons paying for the use, possession, or right to use or possess
rooms in hotels, said legislation codified as Texas Tax Code § 351.001, et seq.; and
WHEREAS, the City of Anna (the "City") has experienced strong residential growth in
recent years; and
WHEREAS, the development community has expressed interest and made inquiries
regarding the development of hotels in the City; and
WHEREAS, the City Council of the City of Anna, Texas (the "City Council") is of the
opinion that it is in the best interests of the City and its citizens to adopt the hotel
occupancy tax in preparation for the potential development of a hotel; and
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. Amendments to Code.
In accordance with the Code of Ordinances, City of Anna, Texas (the "Code") Chapter
1, Article 1, Section 9, the City Council hereby amends the Code by adopting Article 57
Section 2 (Hotel Occupancy Tax), in Part 11 of the Code, as follows:
SECTION 2 HOTEL OCCUPANCY TAX
Sec. 2.001 Definitions
For the purposes of this article, the following definitions shall apply unless the
context clearly indicates or requires a different meaning:
Consideration. The cost of the room in the hotel as measured in U.S. dollars,
only if the room is only ordinarily used for sleeping, and shall not include the
cost of any food served by the hotel or the cost of personal services rendered
by the hotel to the occupant of such room not related to the cleaning and
readying of such room for occupancy. Charges not stated separately shall be
presumed to part of the consideration paid for occupancy of a sleeping room
or sleeping facility and shall be taxed under this article.
Hotel. Any building or buildings in which the public may, for a consideration,
obtain sleeping accommodations whether such building are located in the
city's corporate limits or its extraterritorial jurisdiction. The term shall include
hotels, motels, tourist homes, houses or courts, lodging houses, inns, rooming
houses, or other buildings where rooms are furnished for a consideration, but
"hotel" shall not be defined so as to include hospitals, sanitariums, or nursing
homes.
Occupancy. The use or possession, or the right to the use or possession, of
any room in a hotel if the room is one ordinarily used for sleeping and if the
occupant's use, possession, or right to use or possession extends for a period
of less than 30 days. It
Occupant. Anyone who, for a consideration, uses, possesses, or has a right to
use or possess any room in a hotel if the room is one ordinarily used for
sleeping. This term applies regardless of whether such use, possession, or a
right to use or possession is arranged under a lease, concession, permit, right
of access, license, contract or other agreement.
Permanent resident. Any occupant who has or shall have the right of
occupancy of any room or rooms or sleeping space or facility in a hotel for at
least 30 consecutive days during the current calendar year or preceding year.
Quarterly period. The regular calendar quarters of the year, the first quarter
being the months of October, November and December, the second quarter
being the months of January, February and March, the third quarter being the
months of April, May and June, and the fourth quarter being the months of
July, August and September.
City Manager. The City Manager of the City of Anna, Texas, or his or her
designee.
CITY OF ANNA, TEXAS ORDINANCE NO. PAGE 2 OF 6
Sec. 2.002 Levy; rate
(a) Authorization. There is hereby levied a tax upon the occupant for the cost
of, or consideration paid for, the use, possession, or the right to use or
possess any sleeping room or sleeping space furnished by any hotel, and
such tax shall apply whether paid under or through a lease, concession,
permit, right of access, license, contract, or other agreement. '"Mik,
(b) Tax rate. The tax shall be equal to 7% of the total consideration provided
by an occupant for a sleeping room or sleeping space, said consideration to
include all goods and services provided by the hotel which are not ordinarily
subject to sales tax.
(c) Presumption of taxability. For the purpose of proper administration of the
tax, it is presumed that all amounts contributing to the total cost of, or the total
consideration paid for, a sleeping room are subject to the tax until the contrary
is established, and the burden of proving that any amount is not taxable is
upon the party collecting the tax.
(d) Exceptions.
(1) There shall be no tax on the cost of, or consideration paid for,
occupancy of a hotel sleeping room or sleeping facility priced at less than two
dollars ($2.00) per day.
(2) Other occupancy taxes imposed by other governmental
agencies are excluded in determining the total consideration paid for a room
or space which is the subject of the tax levied by this article.
(3) The cost or consideration paid for a room or space occupied by
a permanent guest is not subject to this tax.
(4) There can be no occupancy tax on the consideration paid
directly by the United States Treasury if the constitutional exemption is
invoked. This exception is not extended to employees of the federal
government or any local government who pay the consideration for the room
or space without the federal government being a party to the contract.
Sec. 2.003 Disposition of revenue
The revenue derived from this tax will only be used for the purposes as
authorized by applicable state law. The City manager, upon approval by the
City council, may contract with an approved organization for the disposition of
revenues from this tax.
CITY OF ANNA, TEXAS ORDINANCE NO. PAGE 3 OF 6
Sec. 2.004 Collection by operator
All parties owning, operating, managing or controlling any hotel shall collect
the tax imposed in section 2.002 for the city. As used in this article, the term
"controlling" includes but is not limited to accepting occupant reservations for
rooms in a hotel if the occupant makes or pays a deposit, advance payment,
or other service fee associated with or attributable to the use, possession, or
any right to use or possess a sleeping room or space, whether or not such
charges are separately listed in any invoice, transaction receipt, or other list of
charges provided to the occupant.
Sec. 2.005 Reports
(a) Every person required to collect the tax by section 2.004 shall file a
report with the city manager showing: the consideration paid for all sleeping
room or sleeping space occupancies in the preceding month; the amount of
tax collected on such occupancies; and any other useful and relevant
information as the city manager may reasonably require. This report is timely if
filed on the tenth day following the end of each monthly period.
(b) Every person required to collect the tax by section 2.004 shall provide
the city with a copy of all reports related to sleeping room or sleeping space
occupancy filed with the state comptroller. This report is timely filed with the
city if filed no later than 10 days from the last day of each quarterly period.
(c) Persons filing reports under (a) or (b) shall pay the tax due to the city
on such occupancies at the time of filing such report.
Sec. 2.006 Rules and regulations; access to records
The city manager shall have the power to make such rules and regulations as
are necessary to effectively collect the tax levied herein, and the city manager
shall upon reasonable notice have access to books and records necessary to
enable him or her to determine the correctness of any report filed as required
by this article and the amount of taxes due under the provisions of this article.
Sec. 2.007 Penalty; delinquency
(a) If any person shall fail to collect the tax imposed in this article or shall fail
to file a report as required herein, or shall fail to pay to the city manager the
tax as imposed herein when said report or payment is due, or shall file a false
report, then such person shall be deemed guilty of a misdemeanor and upon
conviction be punished by a fine of no less than $100.00, but -not to exceed
the sum of $500.001 for each offense, and each and every day such offense
shall continue shall be deemed to constitute a separate offense.
CITY OF ANNA, TEXAS ORDINANCE NO. PAGE 4 OF 6
(b) In addition, such person who fails to remit the tax imposed by section
2.002 within the time required shall forfeit 5% of the amount due as a penalty
and after the first 30 days shall forfeit an additional 5% of such tax; provided,
however, the penalty shall never be less than $1.00. Delinquent taxes shall
draw interest at the rate of 10% per annum beginning 60 days from the date
due. 'k
(c) The penalties described in subsections (a) and (b) are in addition to other
available remedies, including civil suits authorized by subsection 2.008. The
city's prosecution of, or decision not to prosecute, a person failing to timely
remit the tax or file required reports shall have no effect on any other remedy
available to the city.
(d) Payment of any fine or penalty shall not reduce the tax due the city by a
person found to have violated this article.
Sec. 2.008 Suit to enjoin hotel operations
Ja) The city manager shall refer any hotel occupancy tax account that has a
delinquent balance older than sixty days to the city attorney for the purpose of
filing a suit to enjoin the hotel owner, operator, manager, and other persons in
control from operating any hotel in the City of Anna until the tax is paid and/or
the appropriate report filed. This remedy shall be in addition to any collection
suit, municipal court criminal complaint, or other remedy available to the City.
(b) The city attorney is authorized to bring suit against a person who is
required to collect the tax imposed by this article and pay the collections over
to the municipality and who has failed to file a tax report or pay the tax when
due to collect the tax not paid or to enjoin the person from operating a hotel in
the municipality until the tax is paid or the report filed, as applicable, as
provided by the court's order. In addition to the amount of tax owed under this
chapter, the person is liable to the municipality for:
(1) The city's reasonable attorney's fees;
(2) The costs of an audit conducted in accordance with Texas Tax
Code, Chapter 351 (as amended), as determined by the city using a
reasonable rate, but only if the tax has been delinquent for at least two
complete quarterly periods at the time the audit is conducted; and
(3) A penalty equal to 15 percent of the total amount of the tax
owed.
CITY OF ANNA, TEXAS ORDINANCE NO. PAGE 5 OF 6
(c) The remedies provided by this section are in addition to other available
remedies. The city's filing of suit in accordance with this article shall have no
effect on any other remedy available to the city.
Section 2.009 Surety bond in lieu of injunction suit
The city manager shall not be required to refer a delinquent account to the city
attorney for the purpose of enjoining the hotel operators from doing business
in the City of Anna if the owner, manager, operator, or other person(s) in
control provides an acceptable surety bond in an amount equal to the
municipal hotel occupancy tax collected on behalf of the subject hotel in the
six best net revenue months of the twelve full calendar months immediately
prior to the acquisition of the bond, said bond to ensure payment for a one-
year period, and be updated and approved by the city manager annually if
said hotel operators desire to continue such protection from business -closing
during a period of delinquency.
Section 3. Savings, Severability and Repealing Clauses.
All ordinances of the City in conflict with the provisions of this ordinance are repealed to
the extent of that conflict. If any provision of this ordinance shall be held to be invalid or
unconstitutional, the remainder of such ordinance shall continue in full force and effect
the same as if such invalid or unconstitutional provision had never been a part hereof.
The City declares that it would have passed this ordinance, and each section,
subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or
more sections, subsections, sentences, clauses, and phrases be declared
unconstitutional or invalid.
Section 4. Publication of the Caption Hereof and Effective Date.
This ordinance shall be in full force and effective from and immediately after its
passage and publication as required by law.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, this 22nd day
of March 2016.
ATTEST: APPROVED:
10
Carrie L. Smith, City Secretary Mike Crist, Mayor
CITY OF ANNA, TEXAS ORDINANCE NO. PAGE 6 OF 6
CITY OF ANNA, TEXAS
Item No. 13
City Secretary's use only
City Council Agenda
Staff Report
Meetinq Date: March 22, 2016
Staff Contact: Chief Gothard
Exhibits:
AGENDA SUBJECT: Briefing regarding Fire Department Assistance to
Firefighters SAFER Grant Application.
SUMMARY: Each Fiscal Year, the Fire Department researches various grant
funding mechanisms to determine if there are any state and/or federal grants
available to the City. In FY 2015-2016, the City applied for three grants and
received one that equipped the station with an exhaust removal system.
This AFG SAFER grant would provide for hiring two additional firefighters to work
on shift assignments and assist with call loads during staffing shortages. The
additional staffing will begin providing needed staffing levels for the future.
1. (2) Firefighter Positions: For a period of two -years, the AFG SAFER grant
would fund the salary and benefits of two firefighters to work and provide
firefighting job performance duties. If awarded this grant, the City will be
responsible for funding uniforms and equipment necessary for the new
firefighter positions (approx. $9,000) out of the General Fund. Additional
cost would be minimal for items such as replacement uniforms, training
tuition, etc.
At the end of the two-year period, in FY 19 the Fire Department budget
would need to include funding for the full-time positions at a budgeted
amount of approximately $132,926.
STAFF RECOMMENDATION:
This Grant would help the City provide an improved staffing level to our citizens
without bearing the full costs. Further, it allows us to access federal tax dollars
paid by our citizens and provide them with services that directly benefit them. If
this grant is something the Council would like to see come to fruition, the staff will
pursue these funding opportunities enthusiastically.
Cost per Firefighter
10-543-6101
Salaries
41,374
10-543-6102
Salaries - Overtime
6,000
10-543-6114
Payroll Taxes -City Part FICA
3,632
10-543-6121
Health Insurance
7,550
10-543-6125
TMRS Retirement
6,822
10-543-6126
Unemployment
200
10-543-6127
Worker's Compensation
785
10-543-6129
Miscellaneous Payroll
100
66,463
FY 17 — Expense covered by Grant
FY 18- Expense covered by Grant
FY 19- Expense budgeted in City budget ($132,926)
2
CITY CF ANNA, TEXAS
AGENDA SUBJECT:
Item No. 14
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Fyhihit.c-
March 22, 2016
City Manager
N/A
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:
SUMMARY:
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); acquisition of right-of-way, easements, and land for
municipal facilities.
c. discuss or deliberate personnel matters (Tex. Gov't Code §551.074); City
Attorney annual review.
The Council further reserves the right to enter into closed session at any time
throughout any duly noticed meeting under any applicable exception to the Open
Meetings Act.
STAFF RECOMMENDATION:
CITY OF ANNA, TEXAS
Item No. 15
City Secretary's use only
City Council Agenda
Staff Report
Date: March 22, 2016
Staff Contact: City Manager
Exhibits: N/A
AGENDA SUBJECT:
Consider/Discuss/Action on any items listed on the posted agenda or any closed
session occurring during this meeting, as necessary.
SUMMARY:
STAFF RECOMMENDATION:
CITY OF ANNA, TEXAS
AGENDA SUBJECT:
Adjourn
SUMMARY:
Item to adjourn the meeting.
STAFF RECOMMENDATION:
Staff recommends a motion to adjourn.
Item No. 16
City Secretary's use only
City Council Agenda
Staff Report
Date: March 22, 2016
Staff Contact: City Manager
Exhibits: None