HomeMy WebLinkAboutCCpkt2024-02-27 Work Session & Regular Meeting
AGENDA
City Council Work Session
Tuesday, February 27, 2024 @ 5:30 PM
Anna Municipal Complex - Council Chambers
120 W. 7th Street, Anna, Texas 75409
The City Council of the City of Anna will meet in a Closed Session at 5:30 PM, on February
27, 2024, at the Anna Municipal Complex - Council Chambers, 120 W. 7th Street, to
consider the following items.
1. Call to Order, Roll Call, and Establishment of Quorum.
2. Invocation and Pledge of Allegiance.
3. Closed Session (Exceptions).
Under Tex. Gov't Code Chapter 551, the City Council may enter into Closed
Session to discuss any items listed or referenced on this Agenda under the
following exceptions:
a. Consult with legal counsel regarding pending or contemplated litigation
and/or on matters in which the duty of the attorney to the governmental body
under the Texas Disciplinary Rules of Professional Conduct of the State Bar
of Texas clearly conflicts with Chapter 551 of the Government Code (Tex.
Gov’t Code §551.071). State law and city ordinance
requirements/compliance. Charitable organization programs and grant
programs. Development finance matters.
b. Discuss or deliberate the purchase, exchange, lease, or value of real
property (Tex. Gov’t Code §551.072).
c. Discuss or deliberate Economic Development Negotiations: (1) To discuss
or deliberate regarding commercial or financial information that the City has
received from a business prospect that the City seeks to have locate, stay,
or expand in or near the territory of the City of Anna and with which the City
is conducting economic development negotiations; or (2) To deliberate the
offer of a financial or other incentive to a business prospect described by
subdivision (1). (Tex. Gov’t Code §551.087).
d. Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074).
Boards and Commissions
The Council further reserves the right to enter into Executive Session at any time
throughout any duly noticed meeting under any applicable exception to the Open
Meetings Act.
4. Consider/Discuss/Action on any items listed on any agenda - work session, regular
meeting, or closed session - that is duly posted by the City of Anna for any City
Council meeting occurring on the same date as the meeting noticed in this agenda.
5. Adjourn.
This is to certify that I, Jeovanna Rubio, Deputy City Secretary, posted this Agenda on
the City’s website (www.annatexas.gov ) and at a place readily accessible to the public
at the Anna City Hall and on the City Hall bulletin board at or before 5:00 p.m. on
February 23, 2024.
________________________________
Jeovanna Rubio, Deputy City Secretary
AGENDA
City Council Meeting
Tuesday, February 27, 2024 at 6:00 PM
Anna Municipal Complex - Council Chambers
120 W. 7th Street, Anna, Texas 75409
The City Council of the City of Anna will meet on February 27, 2024 at 6:00 PM in the
Anna Municipal Complex-Council Chambers, located at 120 W. 7th Street, to consider
the following items.
Welcome to the City Council meeting. If you wish to speak on an Open Session agenda
item, please fill out the Opinion/Speaker Registration Form and turn it in to the City
Secretary before the meeting starts.
1. Call to Order, Roll Call, and Establishment of Quorum.
2. Invocation and Pledge of Allegiance.
3. Neighbor Comments.
At this time, any person may address the City Council regarding an item on this
meeting Agenda that is not scheduled for public hearing. Also, at this time, any
person may address the City Council regarding an item that is not on this meeting
Agenda. Each person will be allowed up to three (3) minutes to speak. No
discussion or action may be taken at this meeting on items not listed on this
Agenda, other than to make statements of specific information in response to a
citizen’s inquiry or to recite existing policy in response to the inquiry.
4. Reports.
Receive reports from Staff or the City Council about items of community interest.
Items of community interest include: expressions of thanks, congratulations, or
condolence; information regarding holiday schedules; an honorary or salutary
recognition of a public official, public employee, or other citizen (but not including
a change in status of a person's public office or public employment); a reminder
about an upcoming event organized or sponsored by the governing body;
information regarding a social, ceremonial, or community event organized or
sponsored by an entity other than the governing body that was attended or is
scheduled to be attended by a member of the governing body or an official or
employee of the municipality; and announcements involving an imminent threat to
the public health and safety of people in the municipality that has arisen after the
posting of the Agenda.
a. Review City of Anna 2024-2025 Strategic Work Plan. (Assistant City
Manager Taylor Lough)
5. Work Session.
a. Review and discuss Section 3 policy and information for the City's TxCDBG
Contract #CDV23-0230 and #CDM23-0231. (Assistant City Manager Greg
Peters, P.E.)
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 City Council Meeting Minutes for February 13, 2024. (City
Secretary Carrie Land)
b. Review Minutes of the January 4, 2024, Joint Community Development
Corporation and Economic Development Corporation Board Meetings.
(Interim Director of Economic Development Bernie Parker)
c. Review Monthly Financial Report for the Month Ending January 31, 2024.
(Budget Manager Terri Doby)
d. Approve an Ordinance amending Article 14.08 Rental Housing of the Code
of Ordinances. (Assistant City Manager Taylor Lough)
7. Items For Individual Consideration.
a. Consider/Discuss/Action approving a Resolution regarding the White &
Powell, Development Agreement. (Planning Manager Lauren Mecke)
b. Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance to
rezone 9.9± acres from Single-Family Residential (SF-7.2) District, Local
Commercial (C-1) District, & Agricultural (AG) District to Regional
Commercial (C-2) District and Downtown (DT) District located at the
southwest corner of S. Powell Parkway and W. White Street. (Planning
Manager Lauren Mecke)
c. Consider/Discuss/Action on a Resolution approving the White & Powell,
Concept Plan. (Planning Manager Lauren Mecke)
d. Consider/Discuss/Action on a Resolution authorizing the City Manager to
execute a contract with Interstate Pipeline for the construction of the FM
455 water line. (CIP Manager Justin Clay)
e. Consider/Discuss/Action on a Resolution of the City of Anna, Texas,
authorizing the City Manager to execute a contract with Huitt-Zollars, Inc. to
render Engineering, Surveyor, and Architectural Services in connection with
a TxCDBG Project, Contract Number CDV23-0230-2023, known as the
CDBG Riggins & Edwards Street Reconstruction (City Engineer Wes
Lawson, P.E.)
f. Consider/Discuss/Action a Resolution of the City of Anna, Texas,
authorizing the City Manager to execute a contract with Huitt-Zollars, Inc. to
render Engineering, Surveyor, and Architectural Services in connection with
TxCDBG Project, Contract Number CDM23-0231-2023 Downtown
Revitalization Grant 4th Street sidewalks (City Engineer, Wes Lawson).
g. Conduct a Public Hearing and Consider/Discuss/Action on a Resolution to
adopt necessary civil rights and fair housing policies associated with the
City of Anna TxCDBG Grants. (Assistant City Manager Greg Peters, P.E.)
h. Consider/Discuss/Action a Resolution authorizing the City Manager to
execute a construction agreement with A T Construction, LLC to construct
a restroom building and associated infrastructure at Slayter Creek Park.
(Assistant City Manager Greg Peters, P.E.)
8. Closed Session (Exceptions).
Under Tex. Gov't Code Chapter 551, the City Council may enter into Closed
Session to discuss any items listed or referenced on this Agenda under the
following exceptions:
a. Consult with legal counsel regarding pending or contemplated litigation
and/or on matters in which the duty of the attorney to the governmental body
under the Texas Disciplinary Rules of Professional Conduct of the State Bar
of Texas clearly conflicts with Chapter 551 of the Government Code (Tex.
Gov’t Code §551.071). State law and city ordinance
requirements/compliance. Charitable organization programs and grant
programs. Development finance matters.
b. Discuss or deliberate the purchase, exchange, lease, or value of real
property (Tex. Gov’t Code §551.072).
c. Discuss or deliberate Economic Development Negotiations: (1) To discuss
or deliberate regarding commercial or financial information that the City has
received from a business prospect that the City seeks to have locate, stay,
or expand in or near the territory of the City of Anna and with which the City
is conducting economic development negotiations; or (2) To deliberate the
offer of a financial or other incentive to a business prospect described by
subdivision (1). (Tex. Gov’t Code §551.087).
d. Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074).
Boards and Commissions
The Council further reserves the right to enter into Executive Session at any time
throughout any duly noticed meeting under any applicable exception to the Open
Meetings Act.
9. Consider/Discuss/Action on any items listed on any agenda - work session, regular
meeting, or closed session - that is duly posted by the City of Anna for any City
Council meeting occurring on the same date as the meeting noticed in this agenda.
10. Adjourn.
This is to certify that I, Jeovanna Rubio, Deputy City Secretary, posted this Agenda on
the City’s website (www.annatexas.gov) and at the Anna Municipal Complex bulletin
board at or before 5:00 p.m. on February 23, 2024.
________________________________
Jeovanna Rubio, Deputy City Secretary
Item No. 4.a.
City Council Agenda
Staff Report
Meeting Date: 2/27/2024
Staff Contact: Taylor Lough
AGENDA ITEM:
Review City of Anna 2024-2025 Strategic Work Plan. (Assistant City Manager Taylor
Lough)
SUMMARY:
Staff will provide a presentation outlining the 2024-2025 operational work plan using the
adopted City of Anna Success Statements framework for City Council review and
feedback.
FINANCIAL IMPACT:
This item has no financial impact.
BACKGROUND:
On January 24, 2023, the City Council approved a Resolution adopting City of Anna
Success Statements. This action followed a workshop held on December 9 and 10,
2022, in which members of the City Council drafted seven Strategic Outcome Areas that
help define Anna's future identity. Staff presented the 2023-2024 operational work plan
on February 14, 2023. Memorandum 23-151 provided an update on the work plan in
August 2023 and Memorandum 23-163 provided a comprehensive list of
accomplishments achieved during fiscal year 2023 (October 1, 2022 – September 30,
2023).
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Excellent.
ATTACHMENTS:
1. Anna - Success Statements Adopted
Success Statements
Neighborly
Anna’s community of neighbors has a sense
of hometown pride and is:
•Caring and giving
•Engaged in the community
•Active in civic life
Unique
Anna is designed to be unique as it
transforms from a bedroom community to a
thriving city, with:
•Deliberate planning for the future
•A vision for innovative development and
positive growth
•A variety of housing, jobs, and educational
opportunities
Vibrant
Anna has a quality workforce that contributes
to a prosperous economy that includes:
•Diverse businesses with outstanding
employment opportunities
•Easy access to a variety of events and
entertainment venues
•A one-of-a-kind downtown
Safe
Anna is a community where neighbors feel
safe due to the City’s commitment to:
•Staffing public safety operations to meet the
needs of a growing community
•Preparing for emergencies and ensuring
excellent response times
Resilient
Anna’s mobility and utility infrastructure
consistently meets community needs by:
•Focusing on resiliency and the City’s ability
to recover from upsets
•Having a robust multi-modal
transportation network
•Dependably delivering utility services to the
City’s neighbors and businesses
Active
The City of Anna promotes an active
community through:
•A variety of social opportunities for
neighbors and visitors
•Diverse recreational venues
•Well-maintained trails and natural areas
•Opportunities for lifelong learning
Excellent
Anna is a high-performing City that
implements best practices and pursues
accreditation, demonstrating its
commitment to:
•Ethical and collaborative decision-making
•Continuous improvement and achieving
measurable outcomes
•Ensuring a positive work environment for
Council, staff, and neighbors
Item No. 5.a.
City Council Agenda
Staff Report
Meeting Date: 2/27/2024
Staff Contact: Gregory Peters
AGENDA ITEM:
Review and discuss Section 3 policy and information for the City's TxCDBG Contract
#CDV23-0230 and #CDM23-0231. (Assistant City Manager Greg Peters, P.E.)
SUMMARY:
Staff will provide a brief presentation and review of the Section 3 policies as required for
the City's TxCDBG Contracts CDV23-0230 and CDM23-0231, including employment
opportunities for Section 3 low-income workers, new hiring practices, contractor
outreach, and tracking work hours for all CDBG grants and contracts.
FINANCIAL IMPACT:
None. This item is for information only.
BACKGROUND:
This item is required for the City to receive TxCDBG Grant funding for infrastructure
projects.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Excellent.
ATTACHMENTS:
1. Anna Section 3 Presentation
Section 3 Policy Updates ‐ Effective July 1, 2021
Presentation
The City of Anna recently received Grant Contracts CDV23-0230 and CDM23-0231, for the amount
of $500,000 for each grant, funded through the Community Development Block Grant, via the U.S.
Department of Housing and Urban Development and Texas Department of Agriculture, for the
purpose of residential street improvements and downtown sidewalk improvements.
SECTION 3 CONCEPTS
As a condition of funding, the City must comply with Section 3 of the Housing and Urban Development
Act of 1968. To the greatest extent feasible, Grant Recipients must direct economic opportunities
generated by CDBG funds to low- and very low-income persons.
In part, this means ensuring that:
•Section 3 Businesses have the information to submit a bid or proposal for the project; and
•Section 3 Workers have information about any available job opportunities related to the
project.
The purpose of this presentation is to discuss the Section 3 goals of the CDBG program and facilitate
employment opportunities for Section 3 workers.
The awarded construction contractor may have job opportunities for local residents. If they do need
to make new hires for this job, they will post job listings on WorkInTexas.com.
SECTION 3 BUSINESSES
A company may qualify as a Section 3 Business if:
•it is owned by low-income persons;
•it is owned by Section 8-Assisted housing residents; or
•75% of all labor hours for the business in a 3-month period are performed by Section 3
Workers
Register at:
•Any Local/Regional registry for disadvantaged businesses [if applicable]
This project is expected to include the following contracting opportunities:
•Grant Administration services (previously selected)
•Engineering Services (previously selected)
•Prime Contractor for construction Improvements (previously selected)
•Subcontractors for construction Improvements (previously selected)
SECTION 3 WORKERS
You may qualify as a Section 3 Worker if:
• Annual income is below the LMI county threshold for a family size of 1
•Is currently or recent (within 5 years) Youthbuild participant
Register your information and search for opportunities at:
•WorkInTexas.gov
•[local/regional job board if applicable]
TARGETED SECTION 3 WORKERS
Section 3 Workers that reside near the project location may also qualify as Targeted Section 3
Workers.
For this project, that service area is defined by the circled area in the map below:
RECORDKEEPING
The city is required to track ALL hours worked on the project based on the three categories of
workers (All, Section, 3 and Targeted Section 3). This requirement applies to all city staff that works
on this grant, including the contracted grant administrator, and all employees of the prime and
subcontractors. This will require collection of certain income information.
*Engineers, surveyors, and similar professions are exempt from this time tracking requirement.
For More Info…
TxCDBG Policy Issuance 20-01
REVISED Policy Issuance 20-01 Section 3 v1.pdf (texasagriculture.gov)
24 CFR Part 75
Electronic Code of Federal Regulations (eCFR)
TDA Representative: Suzanne Barnard, Director.(suzanne.barnard@texasagriculture.gov)
Grant Project Manager: Lisette Howard (lhoward@publicmgt.com)
Item No. 6.a.
City Council Agenda
Staff Report
Meeting Date: 2/27/2024
Staff Contact:
AGENDA ITEM:
Approve City Council Meeting Minutes for February 13, 2024. (City Secretary Carrie
Land)
SUMMARY:
FINANCIAL IMPACT:
BACKGROUND:
STRATEGIC CONNECTIONS:
ATTACHMENTS:
1. CCmin2024-02-13 Work Session
2. CCmin2024-02-13
City Council Work Session
Meeting Minutes
Tuesday, February 13, 2024 @ 5:30 PM
Anna Municipal Complex - Council Chambers
120 W. 7th Street, Anna, Texas 75409
The City Council of the City of Anna met in a Closed Session at 5:30 PM, on February
13, 2024, at the Anna Municipal Complex - Council Chambers, 120 W. 7th Street, to
consider the following items.
1. Call to Order, Roll Call, and Establishment of Quorum.
Mayor Pike called the meeting to order at 5:32 PM.
Members Present:
Mayor Nate Pike
Deputy Mayor Pro Tem Randy Atchley
Council Member Stan Carver
Council Member Elden Baker
Members Absent:
None
2. Closed Session (Exceptions).
Under Tex. Gov't Code Chapter 551, the City Council may enter into Closed
Session to discuss any items listed or referenced on this Agenda under the
following exceptions:
a. Consult with legal counsel regarding pending or contemplated litigation
and/or on matters in which the duty of the attorney to the governmental body
under the Texas Disciplinary Rules of Professional Conduct of the State Bar
of Texas clearly conflicts with Chapter 551 of the Government Code (Tex.
Gov’t Code §551.071).
b. Discuss or deliberate the purchase, exchange, lease, or value of real
property (Tex. Gov’t Code §551.072).
c. Discuss or deliberate Economic Development Negotiations: (1) To discuss
or deliberate regarding commercial or financial information that the City has
received from a business prospect that the City seeks to have locate, stay,
or expand in or near the territory of the City of Anna and with which the City
is conducting economic development negotiations; or (2) To deliberate the
offer of a financial or other incentive to a business prospect described by
subdivision (1). (Tex. Gov’t Code §551.087).
d. Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074).
Boards and Commissions
MOTION: Mayor Pike moved to enter closed session. Council Member
Carver seconded. Motion carried 4-0.
Mayor Pike recessed the meeting at 5:33 PM.
Mayor Pike reconvened the meeting at 6:10 PM.
3. Consider/Discuss/Action on any items listed on any agenda - work session, regular
meeting, or closed session - that is duly posted by the City of Anna for any City
Council meeting occurring on the same date as the meeting noticed in this agenda.
No action taken.
4. Adjourn.
Mayor Pike adjourned the meeting at 6:11 PM.
Approved on the 27th day of February 2024
__________________________________
ATTEST: Mayor Nate Pike
___________________________
City Secretary Carrie L. Land
Regular City Council Meeting
Meeting Minutes
Tuesday, February 13, 2024 @ 6:00 PM
Anna Municipal Complex - Council Chambers
120 W. 7th Street, Anna, Texas 75409
The City Council of the City of Anna met on 02/13/2024 at 6:00 PM in the Anna Municipal
Complex-Council Chambers, located at 120 W. 7th Street, to consider the following items.
1. Call to Order, Roll Call, and Establishment of Quorum.
Mayor Pike called the meeting to order at 6:11 PM.
Members Present:
Mayor Nate Pike
Mayor Pro Tem Lee Miller
Deputy Mayor Pro Tem Randy Atchley
Council Member Kevin Toten
Council Member Stan Carver
Council Member Elden Baker
Council Member Pete Cain
Members Absent:
None
2. Invocation and Pledge of Allegiance.
Mayor Pike led the Invocation and Pledge of Allegiance.
3. Neighbor Comments.
No comments were given.
4. Reports.
a. Parks Advisory Board Update (Director of Neighborhood Services Marc
Marchand)
Marc Marchand, the Director of Neighborhood Services, provided the City
Council with an update on the work of the Parks Advisory Board. In the
January Parks Advisory Board meeting, the following items were received,
discussed, and/or acted upon:
1. Park CIP project options at Sherley Heritage Park.
2. Park naming recommendation
5. Work Session.
a. Liberty Hills Development (Planning Manager Lauren Mecke)
The in-city portion of the property was zoned to the Mantua Planned
Development in 2011 as part of a larger development plan that extended
into the Van Alstyne Extraterritorial Jurisdiction (ETJ). The portions of that
original development plan within Anna's planning jurisdiction was recently
purchased by a new development group. Both city staff and the developer
feel that it is necessary to modernize or replace the existing Planned
Development. Staff recommended the Council provide feedback to the
developer.
6. Consent Items.
MOTION: Council Member Baker moved to approve items 6.a.-f. Council
Member Toten seconded. Motion carried 7-0.
a. Approve City Council Meeting Minutes for January 23, 2024. (City Secretary
Carrie Land)
b. Approve the Quarterly Investment Report for the Period Ending December
31, 2023. (Interim Finance Director Aimee Rae Ferguson)
c. Approve Police Department Report on 2023 racial profiling data that was
submitted to the Texas Commission on Law Enforcement (TCOLE). (Police
Chief Dean Habel)
d. Approve a Resolution authorizing the City Manager to execute a contract
with Alliance Geotechnical Group for material testing services of the Collin
Pump Station Ground Storage Tank No. 2 project. (CIP Manager Justin
Clay)
This Item authorized the City Manager to execute a contract for professional
services for material testing for the Collin Pump Station Phase 2 project.
Materials testing is critical for the project, to ensure the tank and
surrounding site paving is constructed in accordance with the engineering
design and specifications.
Funding for the Collin Pump Station Ground Storage project was
appropriated in the FY2024 Community Investment Program budget in the
amount of $11.6 million from the Water Impact Fee Fund, of which $10.8
million has been allocated for construction. The estimated cost of material
testing is $96,605.
A RESOLUTION OF THE CITY OF ANNA, TEXAS, AUTHORIZING THE
CITY MANAGER TO EXECUTE A CONTRACT WITH ALLIANCE
GEOTECHNICAL GROUP FOR MATERIALS TESTING ON THE COLLIN
PUMP STATION PHASE 2 PROJECT IN AN AMOUNT NOT TO EXCEED
NINETY-SIX THOUSAND SEVEN HUNDRED DOLLARS AND ZERO
CENTS ($96,700.00); AND PROVIDING FOR AN EFFECTIVE DATE.
e. Approve a Resolution for professional services project with Kimley-Horn for
the extension of waterline located on the Outer Loop and CR 286. (CIP
Manager Justin Clay)
This item authorized the City Manager to execute a contract for engineering
services on a public water main in the southwest portion of the City. The
scope includes approximately 6,500 linear feet of a proposed 12-inch water
line to provide permanent water service to the Collin County Outer Loop
area west of US 75 and the Hurricane Creek Regional Wastewater
Treatment Plant.
Funding for this engineering services contract is available in the Water
Impact Fee Fund in the amount of $90,000. Once the engineering is
complete, funding for construction will be planned in a future budget.
A RESOLUTION OF THE CITY OF ANNA, TEXAS, AUTHORIZING THE
CITY MANAGER TO EXECUTE A CONTRACT FOR PROFESSIONAL
SERVICES WITH KIMLEY-HORN AND ASSOCIATES FOR THE
ENGINEERING DESIGN RELATED TO THE COLLIN COUNTY OUTER
LOOP AND COUNTY ROAD 286 WATER IMPROVEMENT PROJECT, IN
A FORM APPROVED BY THE CITY ATTORNEY PER THE PROPOSAL
SHOWN IN EXHIBIT “A” ATTACHED HERETO, AND PROVIDING FOR
AN EFFECTIVE DATE.
f. Approve a Resolution authorizing the City Manager to execute a contract
for professional services with CMJ Engineering for Material Testing
Services for the Hurricane Creek Regional Wastewater Treatment Plant
project. (CIP Manager Justin Clay)
CMJ Engineering was utilized by the design engineer for the Hurricane
Creek Regional Wastewater Treatment Plant project to complete the initial
geotechnical analysis and provide foundation recommendations for the
design phase of the project. They are intimately familiar with the project,
and are best prepared to provide the materials testing services needed for
construction to ensure the construction meets all specifications in the
design.
Funding for the Hurricane Creek Regional Wastewater Treatment Plant
project was appropriated in the FY2024 Community Investment Program
budget in the amount of $65 million in bond funds issued in 2022. $18.6
million has been allocated for construction and installation of equipment and
materials. The estimated cost of the contract for materials testing is
$179,882.
A RESOLUTION OF THE CITY OF ANNA, TEXAS, AUTHORIZING THE
CITY MANAGER TO EXECUTE A CONTRACT WITH CMJ ENGINEERING
FOR MATERIALS TESTING ON THE HURRICANE CREEK REGIONAL
WASTEWATER TREATMENT PLANT PROJECT IN AN AMOUNT NOT
TO EXCEED ONE HUNDRED AND SEVENTY-NINE THOUSAND EIGHT
HUNDRED AND EIGHTY-TWO DOLLARS AND ZERO CENTS.
($179,882.00); AND PROVIDING FOR AN EFFECTIVE DATE.
7. Items For Individual Consideration.
a. Consider/Discuss/Action on a Resolution regarding a Services Agreement
for Westminster Original Donation, Lot 8. (Planning Manager Lauren
Mecke)
The Agreement for Services is required by state law prior to approval of
annexation. D&V Stores, LLC has submitted a petition to annex 0.04 acre
of land.
MOTION: Mayor Pro Tem Miller moved to approve. Mayor Pike seconded.
Motion carried 7-0.
A RESOLUTION ADOPTING A CONDITIONAL AGREEMENT
REGARDING SERVICES RELATED TO ANNEXATION OF A 0.04± ACRE
TRACT OF LAND
b. Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance to
annex an existing convenience store on 0.04± acre located at the northwest
corner of W. Austin Street and S. College Street. Located in the ETJ.
(Planning Manager Lauren Mecke)
D&V Stores, LLC submitted an annexation petition for an existing
convenience store on 0.04± acre located at the northwest corner of W,
Austin Street and S. College Street. The property owner did not request to
zone the property at this time. The property is zoned Agricultural (AG)
district until it is zoned.
Mayor Pike opened the public hearing at 6:43 PM.
No comments.
Mayor Pike closed the public hearing at 6:43 PM.
MOTION: Council Member Cain moved to approve. Council Member Baker
seconded. Motion carried 7-0.
AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED
TERRITORY TO THE CITY OF ANNA, COLLIN COUNTY, TEXAS, AND
EXTENDING THE BOUNDARY LIMITS OF SAID MUNICIPALITY SO AS
TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN
SAID MUNICIPAL CORPORATE LIMITS AND GRANTING TO ALL THE
INHABITANTS OF SAID PROPERTY ALL THE RIGHTS AND
PRIVILEGES OF OTHER CITIZENS AND BINDING SAID INHABITANTS
BY ALL OF THE ACTS, ORDINANCES, RESOLUTIONS, AND
REGULATIONS OF SAID CITY AS SET FORTH HEREIN; PROVIDING A
REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
c. Consider/Discuss/Action on an Ordinance Ordering a general and special
election on May 4, 2024. (City Secretary Carrie Land)
In accordance with the general laws and Constitution of the State of Texas
and the Charter of the City of Anna, Texas, a City Council election is to be
held on the first Saturday in May for the voters to elect members of the City
of Anna, Texas’ governing body.
It is necessary that the City Council order a general election to be held on
the 4th day of May 2024, 7:00 a.m. to 7:00 p.m., for the purpose of electing
a Mayor and one (1) City Council Member for Place 1.
It is necessary that the City Council order a special election to be held on
the 4th day of May 2024, 7:00 a.m. to 7:00 p.m., for the purpose of filling
vacant places on the City Council.
The general election and special election shall be held as a joint election
administered by the Collin County Elections Administrator in accordance
with the provisions of the Texas Election Code, the Charter of the City of
Anna, and an Election Services Contract between the Collin County
Elections Administrator, the City of Anna, and various other political
subdivisions in Collin County.
MOTION: Council Member Toten moved to approve. Council Member
Carver seconded. Motion carried 7-0.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS, ORDERING A GENERAL ELECTION TO BE HELD ON MAY 4,
2024 FOR THE PURPOSE OF ELECTING A MAYOR AND ONE (1) CITY
COUNCIL MEMBER; ORDERING A SPECIAL ELECTION TO BE HELD
ON MAY 4, 2024 FOR THE PURPOSE OF FILLING VACANT PLACES ON
THE CITY COUNCIL; DESIGNATING POLLING PLACES; ORDERING
NOTICES OF ELECTION TO BE GIVEN; ADOPTING A VOTING SYSTEM;
AUTHORIZING EXECUTION OF JOINT ELECTION CONTRACTS;
PROVIDING SAVINGS, SEVERABILITY, AND REPEALING CLAUSES;
AND PROVIDING AN EFFECTIVE DATE.
d. Consider/Discuss/Action on a Resolution awarding the Collin Pump Station
Ground Storage Tank No. 2 to Red River Construction Company. (CIP
Manager Justin Clay)
The project is a single bid package that includes the construction of a
4,000,000-gallon ground storage tank, two 2,733-gpm vertical turbine
booster pumps, an emergency diesel generator, electrical modifications
including a new MCC building, SCADA integration with the existing City’s
SCADA system, security system, piping including a new connection into the
existing welded steel ground storage tank, and site drainage including
swales that will flow into existing roadside ditches.
The project was advertised for bid in November, and bids were opened on
January 25, 2024. Two bids were received, with the lowest bid submitted by
Red River Construction in the amount of $10,843,400. The staff reviewed
Red River Construction's qualifications and experience and also received a
letter of recommendation from the design engineer for the project. Staff
recommended awarding the project to Red River Construction for not
exceeding $10,843,000.
Funding for the Collin Pump Station Ground Storage project was
appropriated in the FY2024 Community Investment Program budget in the
amount of $11.6 million from the Water Impact Fee Fund. The estimated
cost of this construction contract is $10,843,000.
MOTION: Council Member Toten moved to approve. Council Member
Baker seconded. Motion carried 7-0.
A RESOLUTION OF THE CITY OF ANNA, TEXAS, AWARDING THE
COLLIN PUMP STATION PHASE 2 PROJECT, LOCATED AT THE
CORNER OF THE COLLIN COUNTY OUTER LOOP AND STATE
HIGHWAY 5, TO RED RIVER CONSTRUCTION COMPANY, IN THE
AMOUNT NOT TO EXCEED TEN MILLION EIGHT HUNDRED FORTY-
THREE THOUSAND AND FOUR HUNDRED DOLLARS ($10,843,400.00)
e. Consider/Discuss/Action on a Resolution authorizing the City Manager to
execute purchase orders in a second amendment to the Construction
Manager at Risk contract for the construction of improvements at the
Hurricane Wastewater Treatment Plant with Garney Construction. (CIP
Manager Justin Clay).
Garney Construction is the Construction Manager At Risk for the Hurricane
Creek Regional Wastewater Treatment Plant. City staff worked with the
design engineer (Kimley Horn) and Garney to successfully bid three site
construction packages for the project, including:
1. BP1.01 - AMS- Site grading, import fill, box culverts, fences. Total
Price=1,055,000
2. BP1.02 - FSG- Temporary Power, Procure Electrical equipment, site
lighting, conduits, and wire installation. Total Price=1,495,000
3. BP1.03 - Garney- Procurement of materials, installation of manholes and
pipes, building structures. Total Price= 10,520,299
Garney will self-perform the work identified in BP1.03. These three bid
packages are the next step in the construction of the treatment plant. As the
project continues to move forward additional portions of the project will be
bid, and brought before the City Council for approval. Garney will be
responsible for managing all contractors on the project, and performing
some portions of the work themselves, where it makes the most sense from
a cost, efficiency, and labor perspective.
Staff reviewed all three bid packages and the bid results, and recommended
approval.
MOTION: Mayor Pike moved to approve. Council Member Baker
seconded. Motion carried 7-0.
A RESOLUTION OF THE CITY OF ANNA, TEXAS, AUTHORIZING THE
CITY MANAGER TO EXECUTE PURCHASE ORDERS IN THE AMOUNT
NOT TO EXCEED EIGHTEEN MILLION FIVE HUNDREND AND SIXETY
NINE THOUSAND FIVE HUNDRED AND FIFTY-THREE DOLLARS AND
ZERO CENTS ($18,569,553) TO GARNEY COMPANIES,
INCORPORATED FOR THE CONSTRUCTION AND INSTALLATION OF
EQUIPMENT AND MATERIALS AT THE HURRICANE CREEK
REGIONAL WASTEWATER TREATMENT PLANT; AND PROVIDING
FOR AN EFFECTIVE DATE.
f. Consider/Discuss/Action on a Resolution authorizing the City Manager to
execute a Subdivision Improvement Agreement with Grand Homes for the
Somerset Farms development, in a form approved by the City Attorney.
(Assistant City Manager Greg Peters)
Grand Homes is seeking to develop a 27.806 acre tract of land in the City
of Anna known as Somerset Farms Subdivision. The property was
previously known as the Sweet Cow development. They are following the
existing zoning of the property, which includes 92 residential lots and is
zoned SF-72 per the zoning approved in 2021.
Since the developer is following the existing zoning, the project will not
require additional action by the City Council. The Developer provided staff
with some sample elevations of homes they are building in similar
neighborhoods in other parts of the metroplex for reference purposes. The
final floor plan and elevation options for the Anna project will be determined
as they move forward with the project.
Sewer service for the property is challenging. The closest available sewer
to the project will be the Coyote Meadows Lift Station, which is currently in
the early stages of construction to the southwest of this development. The
Developer requested the City to enter into an agreement to provide them
with options for sanitary sewer should their project be completed ahead of
the Coyote Meadows Lift Station construction. Staff found the request to be
sensible, given the size of Somerset Farms and the speed at which Grand
Homes is seeking to move forward on the project.
Deal Points
• Developer Obligations and Options
o If the lift station is not complete within 30 days of the Somerset
Farms Subdivision being deemed "Substantially Complete" by the
City Engineer, the Developer may, at their discretion, construct off-
site sanitary sewer improvements necessary to serve the property.
o If the lift station is not complete within 30 days of the Somerset
Farms Subdivision being deemed "Substantially Complete" by the
City Engineer, the Developer may, at their discretion, request for the
City to provide pump and haul sewer services at the City's cost.
o Developer agrees to meet the City of Anna Development
Standards as identified in the City of Anna Code of Ordinances and
Subdivision Regulations.
• City Obligations and Options
o The off-site improvements shall be eligible for reimbursement from
the City from Sewer Impact Fees generated by development of the
property and other properties which tie into/benefit from the
improvements.
o The City shall be responsible for acquiring off-site easements
necessary for the off-site improvements should the Developer seek
to construct them.
o The City shall add the off-site improvements to the City's Capital
Improvement Plan to serve the proposed development and adjacent
properties, should the Developer seek to construct them.
Staff found the terms of the proposed agreement to be reasonable and
consistent with past agreements for similar development scenarios. An
additional exhibit, Exhibit E, was prepared and added to the agreement
prior to the City Council meeting. Exhibit E clarified the Texas Local
Government Code bidding requirements for the offsite sewer which may be
constructed by the Developer, if required to provide sewer access. Staff
recommended approval as presented, with the addition of Exhibit E, which
was presented to the City Council at the meeting and included in the final
document.
MOTION: Council Member Carver moved to approve. Council Member
Cain seconded. Motion carried 7-0.
A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE
CITY MANAGER TO EXECUTE A SUBDIVISION IMPROVEMENT
AGREEMENT WITH GRAND HOMES DEVELOPMENT, LLC FOR OFF-
SITE SANITARY SEWER SERVICES RELATED TO THE SOMERSET
FARMS SUBDIVISION, IN A FORM APPROVED BY THE CITY
ATTORNEY; AND PROVIDING FOR AN EFFECTIVE DATE.
g. Consider/Discuss/Action on an appointment to the Parks and Recreation
Advisory Board to fill a vacancy. (Interview Committee)
The Interview Committee came to the City Council with a nomination to fill
an unexpired vacancy on the Parks and Recreation Advisory Board that
resulted from the resignation of Mr. Justin Inesta.
Mr. Inesta served in Place 3 with a term expiring in 2025.
MOTION: Council Member Toten moved to appoint Alastair Hunte. Mayor
Pro Tem Miller seconded. Motion carried 7-0.
8. Closed Session (Exceptions).
Under Tex. Gov't Code Chapter 551, the City Council may enter into Closed
Session to discuss any items listed or referenced on this Agenda under the
following exceptions:
a. Consult with legal counsel regarding pending or contemplated litigation
and/or on matters in which the duty of the attorney to the governmental body
under the Texas Disciplinary Rules of Professional Conduct of the State Bar
of Texas clearly conflicts with Chapter 551 of the Government Code (Tex.
Gov’t Code §551.071).
b. Discuss or deliberate the purchase, exchange, lease, or value of real
property (Tex. Gov’t Code §551.072).
c. Discuss or deliberate Economic Development Negotiations: (1) To discuss
or deliberate regarding commercial or financial information that the City has
received from a business prospect that the City seeks to have locate, stay,
or expand in or near the territory of the City of Anna and with which the City
is conducting economic development negotiations; or (2) To deliberate the
offer of a financial or other incentive to a business prospect described by
subdivision (1). (Tex. Gov’t Code §551.087).
d. Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074).
Boards and Commissions
MOTION: Mayor Pike moved to enter closed session. Council Member
Toten seconded. Motion carried 7-0.
Mayor Pike recessed the meeting at 7:07 PM.
Mayor Pike reconvened the meeting at 8:10 PM.
9. Consider/Discuss/Action on any items listed on any agenda - work session, regular
meeting, or closed session - that is duly posted by the City of Anna for any City
Council meeting occurring on the same date as the meeting noticed in this agenda.
No action taken.
10. Adjourn.
Mayor Pike adjourned the meeting at 8:10 PM.
Approved on the 27th day of February 2024
__________________________________
ATTEST: Mayor Nate Pike
______________________________
City Secretary Carrie L. Land
Item No. 6.b.
City Council Agenda
Staff Report
Meeting Date: 2/27/2024
Staff Contact: Bernie Parker
AGENDA ITEM:
Review Minutes of the January 4, 2024, Joint Community Development Corporation and
Economic Development Corporation Board Meetings. (Interim Director of Economic
Development Bernie Parker)
SUMMARY:
FINANCIAL IMPACT:
BACKGROUND:
STRATEGIC CONNECTIONS:
ATTACHMENTS:
1. January 4_2024 CDC EDC Joint Meeting Minutes (Signed)
Item No. 6.c.
City Council Agenda
Staff Report
Meeting Date: 2/27/2024
Staff Contact: Terri Doby
AGENDA ITEM:
Review Monthly Financial Report for the Month Ending January 31, 2024. (Budget
Manager Terri Doby)
SUMMARY:
The City of Anna's financial policies require the publication of a financial report monthly.
This report covers the financial performance for Fiscal Year 2024 through January 31,
2024. Enclosed in the report is an executive dashboard that provides a high level look at
major funds along with detailed reporting of sales tax collections.
The financial condition of the City remains strong and the reported funds adhere to fund
balance requirements.
FINANCIAL IMPACT:
Information only
BACKGROUND:
The FY2024 Budget was adopted on September 12, 2023.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Excellent.
ATTACHMENTS:
1. FY2024 City Council Monthly Financial Report January
Positive Positive variance compared to historical trends
Warning Negative variance of 3%-5% compared to historical trends
Negative Negative variance of >5% compared to historical trends
FY2024 FY2024 %
Budget YTD
REVENUES
General Fund
Property Taxes 11,191,000$ 8,390,340$ 75.0%Property taxes are due in Jan.
Sales Tax 4,293,000 1,324,513 30.9%Reflects two month of remittances
Franchise and Local Taxes 825,000 10,445 1.3%Franchise fees are collected quarterly.
Charges for Services 730,000 162,738 22.3%Rental registrations are collected once per year.
Fines 300,000 125,566 41.9%
Permits, Licenses and Fees 4,330,000 472,735 10.9%
Investment Income 500,000 314,353 62.9%
Other Revenues 37,000 69,836 188.7%
Revenue Total 22,206,000$ 10,870,526$ 49.0%
With 33.3% of the year expired, revenues recorded in the
General Ledger are at 49.0% of budget and within historical
norms.
EXPENDITURES
General Fund
Expense Total 22,205,696$ 7,654,421$ 34.5%With 33.3% of the year expired, expenses are 34.5% of budget,
reflecting three payrolls in the month of December.
.
Utility Fund
REVENUES
Water Sales 10,846,000$ 3,383,075$ 31.2%
Wastewater Charges 7,718,000 2,406,502 31.2%
Sanitation Revenue 2,300,000 1,108,913 48.2%
Other Charges for Services 628,570 249,030 39.6%
Permits, Licenses and Fees 1,522,000 284,007 18.7%
Investment Income 302,000 333,264 110.4%
Other Revenues 600 18,902 3150.3%
Utility Fund Total 23,317,170$ 7,783,693$ 33.4%With 33.3% of the year expired, revenues recorded in the
General Ledger are at 33.4% of budget.
EXPENDITURES
Utility Fund
Expense Total 22,522,935$ 5,613,479$ 24.9%With 33.3% of the year expired, expenses are 24.9% of budget.
CITY OF ANNA
GENERAL & UTILITY FUNDS DASHBOARD
Through January 31, 2024
Favorable / Unfavorable
% Change
2023-24 Collections from 2022-23 Collections
Monthly Prior Year Monthly
October 655,358$ 25.5% 522,386$
November 695,026 28.0% 542,873
December 768,837 23.5% 622,388
January 454,358
February 463,016
March 605,483
April 551,653
May 591,858
June 634,824
July 600,214
August 656,241
September 707,590
2,119,221$ 6,952,884$
Budget: 6,753,000 31.4% 6,753,100
CITY OF ANNA
Schedule of Sales Tax Collections
For the month December 31, 2023
$0
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
$700,000
$800,000
$900,000
Monthly Sales Tax Collections:
3 Year Comparison
FY2021-22 FY2022-23 FY2023-24
Fiscal Year 2023-24 Fiscal Year 2022-23
Monthly Monthly
October 56 1
November 44 39
December 57 17
January 150 16
February 32
March 129
April 124
May 72
June 82
July 179
August 119
September 44
307 854
% Budget
FY2024 Budget: 800 38.4%
CITY OF ANNA
Building Permits Issued
Thru the month January 31, 2024
0
20
40
60
80
100
120
140
160
180
200
Monthly Building Permits Received:
2 Year Comparison
FY2022-23 FY2021-22
Item No. 6.d.
City Council Agenda
Staff Report
Meeting Date: 2/27/2024
Staff Contact: Taylor Lough
AGENDA ITEM:
Approve an Ordinance amending Article 14.08 Rental Housing of the Code of
Ordinances. (Assistant City Manager Taylor Lough)
SUMMARY:
The rental housing ordinance aims to promote greater compliance with health and
safety standards and preserve the quality of Anna’s neighborhoods and available
housing stock. All residential rental properties, including single-family homes, duplexes,
apartments, and mobile home parks, are required to register their properties annually
with the city. The proposed amendments clarify properties being rented whether for
more or less than 30 days must register with the City of Anna.
FINANCIAL IMPACT:
Rental registration fees for single-family homes are $300 annually.
BACKGROUND:
The rental registration ordinance was adopted December 10, 2019. Effective October 1,
2022, rental registration fees for single-family homes are $300 per property annually.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Unique.
ATTACHMENTS:
1. Draft Rental Housing Ord.redline
CITY OF ANNA, TEXAS ORD. NO. _________________ PAGE 1
CITY OF ANNA, TEXAS
ORDINANCE NO. _____________________
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE CODE OF ORDINANCES,
CITY OF ANNA, TEXAS, BY AMENDING ARTICLE 14.08 (RENTAL HOUSING), DIVISION 1
(SINGLE-FAMILY AND DUPLEX DWELLINGS); ESTABLISHING REGULATIONS FOR
LANDLORDS AND OWNERS OF RENTAL PROPERTIES; OTHERWISE REGULATING
RENTAL PROPERTIES; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENAL TY OF
FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH
OFFENSE AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Anna deems it necessary for promoting the health, safety and
general welfare of the City and its residents, to adopt and enforce regulations regarding residential rental
properties which are offered for lease or rent in the City; and
WHEREAS, the City currently has regulations in place that require landlords to maintain all residential
renter-occupied dwellings in safe or sanitary conditions, and a need continues to exist to protect the health
and safety of those citizens who increasingly occupy residential rental property; and
WHEREAS, the residential rental program shall continue to be implemented Citywide and shall apply to
each single-family, two-family (Duplex), townhouse, multi-family (apartment) and other residential rental
unit or property in the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS:
SECTION 1: That Chapter 4 Building Regulations, Article 4.08 Rental Housing, Division 1 Single-Family
and Duplex Dwellings of the Anna City Code of Ordinances be and is hereby amended as follows:
ARTICLE 4.08 RENTAL HOUSING
Division 1. Single-Family, and Duplex Dwellings, Townhomes and Short-Term Rentals
Sec. 4.08.001 Definitions
For the purposes of this article, the following words and phrases shall have the meanings respectively
ascribed to them by this section, unless the context clearly indicates otherwise:
Code compliance manager. Shall refer to any Any person designated by the city manager as being
responsible for the administration and enforcement of this article.
Dwelling unit. A structure or that part of a structure which is used as a residence.
CHAPTER 4 BUILDING REGULATIONS
CITY OF ANNA, TEXAS ORD. NO. _________________ PAGE 2
Landlord. The owner, property manager, or any person having or exercising supervision or control over
rental property that is or is intended to be occupied by another. A person having or exercising supervision
or control of rental property is, for all purposes under this article, deemed a landlord, regardless of whether
ownership or title to the real estate is vested in another.
Owner. Any person claiming, or in whom is vested, the ownership, dominion or title of real property,
including, but not limited to:
(1)The holder of fee simple title;
(2)The holder of a life estate;
(3)The holder of a leasehold estate for a term of at least five years;
(4)The holder of a leasehold estate who, in turn, subleases property to another; or
(5)The buyer in a contract for deed.
As used in this division, owner also includes any agent, association, company, corporation, firm,
partnership, person or organization of any kind having a legal or equitable interest in a rental property.
Rental property or rental properties. A single-family or duplex dwelling unit, a short-term rental, or a
townhouse, not occupied by the owner, and which that is leased or rented or intended to be leased or
rented to another one or more persons, for or without consideration; the term also includes any such
structure in which individual rooms or spaces within such structure are leased or rented or intended to be
leased or rented to one or more persons, for or without consideration.
Short-term rental(s). A rental property, including a single-family dwelling or a unit in a condominium,
townhome, apartment, cooperative, or time share that is rented wholly or partly for a fee for a period not
longer than 30 days.
Tenant. Any person who occupies rental property for residential purposes with the landlord's consent,
regardless of whether the occupancy is in exchange for monetary consideration.
Townhouse. One of a series of not less than three nor more than 10 attached one-family dwellings under
common roof with common exterior wall and separated from one another by single partition walls without
openings from basement to roof.
(Ordinance 838-2019, sec. 1, adopted 12/10/19; Ordinance _________, adopted __________)
Sec. 4.08.002 Applicability; adoption of Disable Persons Location Act
This division shall apply to all single-family and duplex dwelling rental properties, short-term rentals, and
townhouse rental properties within the territorial limits of the city. Division 2 of this article shall apply to
apartment buildings, apartment complexes, multifamily dwellings not covered by this division, and the
individual apartments and dwelling units within those buildings.
(Ordinance 838-2019, sec. 1, adopted 12/10/19; Ordinance _________, adopted __________)
CITY OF ANNA, TEXAS ORD. NO. _________________ PAGE 3
Sec. 4.08.003 Registration of rental properties required
(a)No person shall own, operate, lease, rent or maintain rental property within the city without first
registering the rental property with the city. Rental properties shall be registered each calendar year upon
expiration, which is the 31st of December of every year. Registration shall be by written application
submitted to and on a form provided by the code compliance manager identifying, at a minimum, the name
and address of the owner, the name and address of the landlord, and the address, age and interior square
footage of the rental property. Registration may be approved but occupancy may not occur unless and until
the rental property has been inspected for compliance with the minimum standards set forth in this article.
(b)Rental property registration may be denied, suspended or revoked by the code compliance manager if:
(1)The application contains false information;
(2)There are utility fees and/or charges over 60 days past due for the rental property over
which the landlord is responsible;
(3)The rental property is not in compliance with the standards set forth in this article;
(4)Access to the property by the code compliance manager has been impaired so as to prevent
timely inspection of the premises;
(5)A change in tenancy has occurred and the landlord or owner has failed to request an
inspection as required by this article; or
(6)There exists any condition in, on or near the rental property that renders the rental property
unsafe or unfit for human habitation or occupancy or presents a threat to public health or safety.
(c)A denial, suspension or revocation may be appealed to the city manager if written notice of the appeal
is received within twenty (20) days of the denial, suspension or revocation. The city manager's decision
shall be final and binding.
(Ordinance 838-2019, sec. 1, adopted 12/10/19; Ordinance _________, adopted __________)
Sec. 4.08.004 Applications and fees
(a)The code compliance manager may, at any time, require additional information of the owner or
landlord to clarify or supplement items on the application for registration.
(b)The annual fee for issuing a registration shall be as set forth in section A2.008 of appendix A of this
code. The fees are nonrefundable and are payable to the city when application is made to the city for the
registration. The code compliance manager shall waive a registration fee for a new registration that is
required solely because the rental property has had a change in tenancy occurring less than six months after
the most recent previous tenancy; provided, however, that there shall be no such waiver for a short-term
rental (STR) as that term may be defined elsewhere in this code.
(Ordinance 838-2019, sec. 1, adopted 12/10/19; Ordinance _________, adopted __________)
Sec. 4.08.005 Appointment, powers and duties of code compliance manager
CITY OF ANNA, TEXAS ORD. NO. _________________ PAGE 4
(a)The code compliance manager is hereby designated as the administrator of this article.
(b)In addition to the powers and duties previously prescribed for the code compliance manager, said
person shall:
(1)Administer and enforce all provisions of this article;
(2)Keep and maintain records of all registrations issued;
(3)Adopt rules and regulations, not inconsistent with the provisions of this article, with
respect to the form and content of applications for registrations, the investigation of applicants,
and other matters incidental or appropriate to his or her powers and duties as may be necessary
for the proper administration and enforcement of the provisions of this article; and
(4)Conduct, on his or her own initiative, periodic investigations of rental properties
throughout the city concerning compliance with this article.
(Ordinance 838-2019, sec. 1, adopted 12/10/19; Ordinance _________, adopted __________)
Sec. 4.08.006 Minimum standards
All rental properties, inclusive of the primary dwelling structure, all accessory structures, and the premises
comprising the property, shall be kept and maintained by the owner and the landlord in accordance with the
following minimum standards:
(1)The property must be maintained in a safe and habitable condition;
(2)The property must be adequately served by all utilities, including but not limited to
electricity, water and sanitary sewer services;
(3)Any violations of the city's nuisance regulations;
(4)Prohibiting junk motor vehicles, high grass and weeds, dangerous vegetation, dilapidated
fencing, and accumulations of stagnant water, rubbish, and unwholesome matter of any kind shall
be remedied in a timely manner upon notification; and
(5)The property shall be kept and maintained in accordance with the standards and
requirements set forth in the International Property Maintenance Code, as adopted by the city, or
the provisions of any building, residential or property code adopted by the city for the purposes
of protecting the life, health or safety of occupants or residents.
(Ordinance 838-2019, sec. 1, adopted 12/10/19; Ordinance _________, adopted __________)
Sec. 4.08.007 Inspections; certificate of registration
(a)Inspection. Rental property shall be inspected for compliance with the provisions of this article as
follows:
(1)Upon first-time registration, if unoccupied or if warranted by receipt of a complaint; and
CITY OF ANNA, TEXAS ORD. NO. _________________ PAGE 5
(2)Annually or—with the exception of short-term rentals—Each each time there is a change
in tenancy. and the The owner or landlord shall request that the inspection be conducted
by the city before the new tenancy commences.
(b)No registration or release of utilities shall be issued if, as a result of an inspection, if is determined that
the rental property does not comply with the standards of this article and other applicable provisions of this
code.
(c)Any life safety or critical deficiencies noted by the inspection shall be corrected prior to issuance of
a certificate of registration and prior to occupancy. A re-inspection may not be necessary if the owner or
landlord submits sufficient proof to the city from which the city can determine that all noted violations have
been appropriately repaired or corrected. Sufficient proof includes, but is not limited to, an affidavit stating
that the repairs have been completed, receipts for materials used in the repair or receipts for the work done
to complete the repair, and/or photographs of the repair(s).
(d)Certificate of registration. No rental property shall be occupied unless a valid certificate of registration
has been issued by the city for the premises. A certificate of registration is required for each change in
tenancy. The certificate shall be issued if, after inspection, the rental property complies with this article and
other applicable provisions of this code.
(Ordinance 838-2019, sec. 1, adopted 12/10/19; Ordinance _________, adopted __________)
Sec. 4.08.008 Violations; affirmative defenses
(a)No person may violate any provision of this article, including landlords, owners, tenants and
occupants of rental property.
(b)A person commits an offense if the person acts in the capacity of a landlord without a valid
registration issued under this article.
(c)A landlord or an owner commits an offense if the landlord or owner rents, leases, or allows another
to occupy rental property that is not registered, has not passed a city inspection, or does not have a valid
certificate of registration.
(d)A landlord or an owner commits an offense if the landlord or owner rents, leases, or allows another
to occupy rental property after having been provided with notice of a cease and desist order issued by the
code compliance manager to vacate the premises or repair or remediate a condition that is a violation of this
article or causes a public nuisance.
(e)No landlord or owner may prevent or impair an inspection under this article, or knowingly conceal,
cover or disguise any condition that is a violation of the standards imposed by this article.
(f)It shall be an affirmative defense to the prosecution of an offense under this article if:
(1)The rental property is a bed and breakfast, defined herein as a dwelling occupied as a
permanent residence by an owner or renter in which sleeping accommodations of not more
than four rooms are provided or offered for transient guests for compensation;
CITY OF ANNA, TEXAS ORD. NO. _________________ PAGE 6
(2)The tenant is hired by the owner as a short-term caretaker of the dwelling or is related to
the owner within one degree of affinity or consanguinity; or
(3)The rental property is not used for residential purposes.
(Ordinance 838-2019, sec. 1, adopted 12/10/19. See end of article for full history of this article.)
Sec. 4.08.009 Penalties; remedies
(a)A violation of this article is punishable by a fine not to exceed the sum of two thousand dollars
($2,000.00). Each day a violation continues shall be deemed a separate offense.
(b)Unless otherwise expressly provided for herein, no intent need be pleaded or proven in the prosecution
of an offense under this article, and a person in violation shall be strictly liable, regardless of intent.
(c)The remedies provided for in this article are cumulative of each other and of any other remedy
provided for and allowed by law. In addition to any other remedy allowed by law, the city may seek
injunctive relief in any court of proper jurisdiction to restrain or enjoin a violation of any provision of this
division.
(Ordinance 838-2019, sec. 1, adopted 12/10/19; Ordinance _________, adopted __________)
SECTION 2: That all ordinances of the City of Anna in conflict with the provisions of this ordinance be and
the same are hereby repealed and all other ordinances of the City not in conflict with the provisions of this
ordinance shall remain in full force and effect.
SECTION 3: That an offense committed before the effective date of this ordinance is governed by the prior
law and the provisions of the Code of Ordinances and ordinances of the City, as amended, in effect when the
offense was committed and the former law is continued in effect for this purpose.
SECTION 4: That if any section, paragraph, sentence, subdivision, clause, phrase or provision of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity
of this ordinance as a whole or any part or provision hereof other than the part so decided to be
unconstitutional, illegal, or invalid and shall not affect the validity of the remainder of this ordinance or any
other provision of the ordinances of the City of Anna.
SECTION 5: That any person, firm or corporation violating any of the provisions or terms of this ordinance
shall be deemed guilty of a misdemeanor and subject to a penalty as provided for in this ordinance, and upon
conviction shall be punished by fine not to exceed the sum of Two Thousand Dollars ($2000.00) for each
offense.
SECTION 6: That this ordinance shall take effect immediately from and after its passage and the
publication of the caption as the law and charter in such cases provide.
CITY OF ANNA, TEXAS ORD. NO. _________________ PAGE 7
Passed by the City Council of the City of Anna, Texas, this the 27th day of February 2024.
APPROVED:
______________________
Nate Pike, Mayor
ATTESTED:
______________________
Carrie Land, City Secretary
Item No. 7.a.
City Council Agenda
Staff Report
Meeting Date: 2/27/2024
Staff Contact: Lauren Mecke
AGENDA ITEM:
Consider/Discuss/Action approving a Resolution regarding the White & Powell,
Development Agreement. (Planning Manager Lauren Mecke)
SUMMARY:
The intent of the development agreement is to ensure the use of high quality, durable
materials for nonresidential development within the city to create well designed and
attractive architecture.
FINANCIAL IMPACT:
This item has no financial impact.
BACKGROUND:
Approving the development agreement in no way puts an obligation on the City Council
to approve the rezoning request. It only puts in place development and design
regulations should the decision be made to approve the rezoning request.
Recommended for approval subject to correction of the property owner's information
and signature block(s).
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Unique.
ATTACHMENTS:
1. Resolution - DA (White & Powell Commercial Addition)
2. Development Agreement - White & Powell Commercial Addition, Block A, Lots 1-5
3. DA Exhibit 1 - Development Agreement (Metes and Bounds)
4. DA Exhibit 2 - (CP) White & Powell Commercial Addition, Blk A, Lts 1-5
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A DEVELOPMENT
AGREEMENT WITH WHITE AND WILLOW - ANNA, LLC AND BRIAN ROPER
RELATING TO DEVELOPMENT AND DESIGN REGULATIONS FOR MULTIPLE-
FAMILY RESIDENCE AND COMMERCIAL DEVELOPMENT LOCATED ON THE EAST
SIDE OF U.S. HIGHWAY 75, 1,200± FEET SOUTH OF W. WHITE STREET.
WHEREAS, White and Willow – Anna, LLC and Brian Roper are the Property Owners of real
estate generally located at the southwest corner of S. Powell Parkway and W. White Street;
and
WHEREAS, Property Owners desire to rezone the subject property to allow Downtown
(DT) District and Regional Commercial (C-2) District uses; and
WHEREAS, Property Owners have agreed to development and design regulations should
the City approve rezoning the property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Approval
The City Council hereby approves the Development Agreement with White and Willow -
Anna, LLC. and Brian Roper, attached hereto as Exhibit A, and ratifies and approves the
City Manager’s execution of the same. The City Manager is hereby authorized to execute
all documents and take all other actions necessary to finalize, act under and enforce the
Agreement.
PASSED by the City Council of the City of Anna, Texas, on this 27th day of February,
2024.
ATTESTED: APPROVED:
________________________________ _________________________
Carrie L. Land, City Secretary Nate Pike, Mayor
1 | P a g e
EXHIBIT A
DEVELOPMENT AGREEMENT
This Development Agreement (this "Agreement") is entered effective as of February
27, 2024 (“Effective Date”) between and among the City of Anna, Texas, a Texas home-rule
municipality ("City") and White and Willow – Anna LLC and Brian Roper (collectively,
“Owners”) (City and Owner are herein collectively referenced as Parties (“Parties”)) as follows:
RECITALS
WHEREAS, the Owners own 9.9± acres of real property located at the southwest corner of S.
Powell Parkway and W. White Street, as described in Exhibit 1 and depicted on Exhibit 2, (the
"Property"); and,
WHEREAS, the Property is subject to City Regulations, including without limitation the City’s
zoning regulations; and,
WHEREAS, the current zoning classification of the Property includes Single-Family Residential
(SF-7.2) District, Local Commercial (C-1) District, and Agricultural (AG) District (the “Original
Zoning Classification”); and,
WHEREAS, The Owners have applied to rezone the Property to Regional Commercial (C-2)
District and Downtown (DT) District to allow for a retail, restaurant, office, and mixed-use
development (the “Zoning Change”); and,
WHEREAS, the City's Planning & Zoning Commission and City Council have given the requisite
notices by publication and otherwise and have scheduled public hearings with respect to the
rezoning of the Property as required by law; and,
WHEREAS, the City and Owners desire to enter into a development agreement to establish
development and design regulations to ensure that future retail, restaurant, office, and mixed-use
development is appropriate for the area and fits in well with adjacent properties; and,
WHEREAS, it is the Parties’ mutual intent that this agreement shall govern only the subject matter
specifically set forth herein and shall supersede City Regulations only to the extent that any such
City Regulations directly conflict with the terms of this development agreement; and,
NOW, THEREFORE, in consideration of the above recitals and the mutual consideration as
reflected in the covenants, duties and obligations contained herein, the sufficiency of which is
hereby acknowledged, the Parties hereto agree as follows, effective as of the Effective Date:
2 | P a g e
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 development agreement and said recitals constitute representations by
Owners and the City.
SECTION 2. DEVELOPMENT STANDARDS / BUILDING MATERIALS.
A. Development and use of the Property, including, without limitation, the construction,
installation, maintenance, repair, and replacement of all buildings and all other
improvements and facilities of any kind whatsoever on and within the Property, shall be in
compliance with City Regulations unless expressly stated to the contrary in this Agreement.
City Regulations shall apply to the development and use of the Property unless expressly
set forth to the contrary in this Agreement. It is expressly understood and the Parties agree
that City Regulations applicable to the Property and its use and development include but
are not limited to City Code provisions, ordinances, design standards, uniform codes, zoning
regulations not in conflict with this Agreement, and other policies duly adopted by the City
including without limitation any such regulations or requirements that were affected by the
passage of Texas H.B. 2439, 86(R), codified as Chapter 3000 of the Texas Government
Code (“Materials and Methods Regulations”), which are collectively incorporated herein as
if set forth in full for all purposes; provided, however, to the extent of any conflict between
the requirements of such Materials and Methods Regulations and the requirements of this
Agreement, this Agreement shall control. For purposes of this Agreement, “City
Regulations” mean the City’s applicable development regulations in effect on the Effective
Date, including without limitation City Code provisions, zoning and other ordinances
(including, without limitation, all development fees), design standards, and other policies
duly adopted by the City; provided, however, that as it relates to public infrastructure for any
given phase of the Project, the applicable construction standards (including, without
limitation, uniform building codes) shall be those that the City has duly adopted at the time
of the filing of an application for a preliminary plat for that phase unless construction has not
commenced within two years of approval of such preliminary plat in which case the
construction standards shall be those that the City has duly adopted at the time that
construction commences.
B. All structures, construction, building materials, and other aspects of Development within the
Property shall conform to all City Regulations directly or indirectly governing the Regional
Commercial (C-2) District or Downtown (DT) District—to the extent said zoning districts
apply to any given area(s) within the Property—including without limitation the Anna City
Code of Ordinances, Article 9.04 Zoning Ordinance, as well as the following listed standards
(and in the event of any conflict, the following listed standards shall govern).
1. All structures shall have at least seventy percent (70%) of the total exterior walls,
excluding doors and windows, constructed of masonry (brick, stone, pre-cast
3 | P a g e
stone, stucco materials and/or other similar veneer materials) with no more than
thirty percent (30%) consisting of cementitious siding or paneling. Stucco
materials shall not exceed fifty percent (50%) of any exterior wall or structure.
2. Where the function of an individual business, or the recognized identity of a brand
dictates a specific style, image, or building material associated with that company,
the masonry provision may be modified; however, the development shall maintain
harmony in terms of overall project design and appearance, and any such design
modification shall be subject to approval by the City Council.
3. Four architectural design features are required on facades facing public streets
and multi-family residential. Acceptable architectural design features may include
but are not limited to:
a. Articulation of building facade,
b. A horizontal change in building materials between stories of a building,
c. Variation in building materials between vertical intervals,
d. Variations in window placement,
e. Architectural features such as shutters, awnings, dormers, chimneys,
decorative moldings or ornamental details, and
f. Roof height, pitch, ridgelines and materials shall be varied to create visual
interest and avoid repetition.
SECTION 3. NOTICES.
Any and all notices required to be given by either of the parties hereto must be in writing and will
be deemed delivered upon personal service, if hand-delivered, or when mailed in the United States
mail, certified, return receipt requested, addressed as follows:
To City: City Manager
City of Anna
120 W. 7th Street
Anna, Texas 75409
To Property Owner:White and Willow – Anna LLC
c/o Bruce Marcus
1717 Pembroke Lane
McKinney, TX 75070
4 | P a g e
To Property Owner:Brian Roper
119 Redbud Trail
McKinney, TX 75069
SECTION 4. MODIFICATIONS OR TERMINATION.
This Agreement may only be modified and/or terminated as follows: (a) by mutual written
agreement of the City and Owners or (b) unilaterally by City upon default of any of the
Owners. Notwithstanding the foregoing or any other provision of this Agreement, this
Agreement shall terminate and be null and void if the City does not approve the Zoning
Change on or before the 27th day of February 2024. The parties acknowledge and agree
that the rezoning of the Property is a legislative act and that this Agreement does not bind
the City Council to approve any proposed rezoning of the Property.
SECTION 5. DEFAULT.
If one or more of the Owners fails to comply with any of the material terms and conditions included
in this Agreement (such defaulting owner(s) referenced herein as “Defaulting Owner”), the City will
have the following non-exclusive and cumulative remedies.
A.Withholding of utilities or withholding or revocation of permits and other approvals
required for development and use of the portion of the Property that is the subject of the
default (but no other portions of the Property) including without limitation building permits
and certificates of occupancy.
B.The Defaulting Owner shall be liable to pay to the City the sum of $2,000 for each failure
to materially comply with the development standards set forth of this Agreement. The
Defaulting Owner shall be liable to pay the City said $2,000 sum per day for each day
that such failure to comply occurs. The sums of money to be paid for such failure(s) is
not to be considered as a penalty, but shall be deemed, taken and treated as reasonable
liquidated damages that accrue per day that such a failure shall exist or occur. The said
amounts are fixed and agreed upon by the parties because of the impracticability and
extreme difficulty of fixing and ascertaining the actual damages the City in such event
would sustain; and said amounts are agreed to be the amounts of damages which the
City would sustain. In the event of a breach that is not timely cured as set forth below,
the sum of liquidated damages shall be calculated to include each and every day of the
occurrence of the breach beginning on the date that the City first provided written notice
of such breach under this paragraph and the City shall not be required to provide any
subsequent written notices as to subsequent dates or times during which such breach is
repeated or continues to occur.
5 | P a g e
C.A non-defaulting party will additionally have any and all remedies available to it at equity
or in law.
Notwithstanding the foregoing, a Defaulting Owner shall not be liable for the remedies under this
section unless there is a breach of any material term or condition of this Agreement and such
breach remains uncured after forty-five (45) calendar days following receipt of written notice from
the City provided in accordance with this Agreement describing said breach in reasonable detail
(or, if the cure of the breach has diligently and continuously been undertaken but reasonably
requires more than forty-five (45) calendar days to cure, then such additional amount of time as
is reasonably necessary to effect the cure, as determined by both Parties mutually and in good
faith but in no event shall such additional period exceed 120 days unless agreed to in writing by
the parties to this Agreement).
SECTION 6. BINDING ON SUCCESSORS, AGREEMENT RUNS WITH THE LAND.
This Agreement will be binding upon and inure to the benefit of the parties' respective
successors, assigns and personal representatives. This Agreement runs with the land and is
binding on all subsequent owners of the Property or any portions thereof. This section shall be
construed liberally to ensure the Parties’ intent that this Agreement shall be enforceable
regardless of any change of ownership of or interest in the Property. All future owners of the
Property or any part thereof shall be deemed to be included in the defined term “Owners” for all
purposes in this Agreement.
SECTION 7. INDEMNIFICATION AND HOLD HARMLESS.
THE OWNERS (THE “INDEMNIFYING PARTY”), HEREBY COVENANTS AND AGREES TO
RELEASE, DEFEND, HOLD HARMLESS, AND INDEMNIFY THE CITY AND ITS OFFICIALS,
OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ALL THIRD-
PARTY CLAIMS, SUITS, JUDGMENTS, DAMAGES, AND DEMANDS AGAINST THE CITY,
WHETHER REAL OR ASSERTED INCLUDING WITHOUT LIMITATION REASONABLE
ATTORNEY'S FEES, RELATED EXPENSES, EXPERT WITNESS FEES, CONSULTANT
FEES, AND OTHER COSTS (TOGETHER, "CLAIMS"), ARISING OUT OF THE NEGLIGENCE
OR OTHER WRONGFUL CONDUCT OF THE INDEMNIFYING PARTY, INCLUDING
WITHOUT LIMITATION THE NEGLIGENCE OR OTHER WRONGFUL CONDUCT OF ANY OF
ITS EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, MATERIAL MEN, AND AGENTS,
IN CONNECTION WITH THE DESIGN OR CONSTRUCTION OF ANY PUBLIC
INFRASTRUCTURE, STRUCTURES, OR OTHER FACILITIES OR IMPROVEMENTS THAT
ARE REQUIRED OR PERMITTED UNDER THIS AGREEMENT AND/OR CITY
REGULATIONS AND/OR ANY APPLICABLE DEVELOPMENT STANDARDS AND/OR ANY
6 | P a g e
OTHER GOVERNING REGULATIONS; AND IT IS EXPRESSLY UNDERSTOOD THAT SUCH
CLAIMS SHALL, EXCEPT AS MODIFIED BELOW, INCLUDE CLAIMS EVEN IF CAUSED BY
THE CITY'S OWN CONCURRENT NEGLIGENCE SUBJECT TO THE TERMS OF THIS
SECTION. THE INDEMNIFYING PARTY SHALL NOT, HOWEVER, BE REQUIRED TO
INDEMNIFY THE CITY AGAINST CLAIMS CAUSED BY THE CITY'S SOLE NEGLIGENCE OR
BY THE CITY'S WILLFUL MISCONDUCT OR GROSS NEGLIGENCE. IF THE CITY INCURS
CLAIMS THAT ARE CAUSED BY THE CONCURRENT NEGLIGENCE OF THE
INDEMNIFYING PARTY AND THE CITY, THE INDEMNIFYING PARTY’S INDEMNITY
OBLIGATION WILL BE LIMITED TO A FRACTION OF THE TOTAL CLAIMS EQUIVALENT TO
THE INDEMNIFYING PARTY’S OWN PERCENTAGE OF RESPONSIBILITY. THE
INDEMNIFYING PARTY FURTHER COVENANTS AND AGREES TO RELEASE, DEFEND,
HOLD HARMLESS, AND INDEMNIFY, THE CITY AGAINST ANY AND ALL CLAIMS BY ANY
PERSON CLAIMING AN OWNERSHIP INTEREST IN THE PROPERTY AS OF THE
EFFECTIVE DATE WHO HAS NOT SIGNED THIS AGREEMENT IF SUCH CLAIMS RELATE
IN ANY MANNER OR ARISE IN CONNECTION WITH: (1) THE CITY'S RELIANCE UPON ANY
OF THE INDEMNIFYING PARTIES’ REPRESENTATIONS IN THIS AGREEMENT; (2) THIS
AGREEMENT OR OWNERSHIP OF THE PROPERTY; OR (3) THE CITY'S APPROVAL OF
ANY TYPE OF DEVELOPMENT APPLICATION OR SUBMISSION WITH RESPECT TO THE
PROPERTY. At no time shall the City have any control over or charge of the design, construction
or installation of any of the improvements to the Property or related work or undertakings, nor
the means, methods, techniques, sequences or procedures utilized for the design, construction
or installation related to same. This Agreement does not create a joint enterprise or venture
between the City and any of the Indemnified Parties. This section shall survive the termination
of this Agreement.
SECTION 8. RECORDATION.
This document, including all Exhibits, may be recorded in the Official Records of Collin County,
Texas.
SECTION 9. ENTIRE AGREEMENT.
This Agreement is the entire agreement of the parties regarding the subject matter hereto.
SECTION 10. RECITALS AND EXHIBITS.
The recitals herein and exhibits attached hereto are hereby incorporated by reference.
SECTION 11. AUTHORITY.
Owners represent and warrant to the City that they are the owners of the Property, and that this
7 | P a g e
Agreement is binding and enforceable on the Owners and as relates to the Property.
SECTION 12. INVALID PROVISIONS.
If any provision of this Agreement is held not valid, such provision will be deemed to be excised
therefrom and the invalidity thereof will not affect any of the other provisions contained herein.
SECTION 13. ESTOPPEL.
On or before 45 days after receipt of a written request from an owner of the Property that
desires to transfer its interest in the Property or borrow money secured by a mortgage or deed
of trust against the Property or a prospective transferee of an owner's interest or an existing
or prospective mortgagee, the City will—to the extent that the statements in (i) and (ii) are true
to the best of the City’s knowledge—execute and deliver an estoppel certificate stating that,
to the best of the City’s knowledge: (i) the transferring or borrowing owner is not in default
under this Agreement; and (ii) this Agreement is in full force and effect and whether there are
any amendments thereto. Provided, however, that the City shall not be required to
SECTION 14. FORCE MAJEURE.
Whenever a period of time is prescribed in this Agreement for a Party (the “Acting Party”) to take
an action (other than a payment obligation), the Acting Party will not be liable or responsible for,
and there will be excluded from the computation of any such time period, the period of time (the
“Force Majeure Period”) of delays caused by strikes, riots, acts of God, pandemic (but not including
the COVID-19 pandemic), enemy action, shortages of labor or materials, war, acts of terrorism,
flood, fire, explosion, unavoidable casualty, or any other causes that are beyond the reasonable
control of the Acting Party or any of its employees, agents, or contractors, but not any economic
hardship, changes in market conditions, and insufficiency of funds (“Force Majeure”). However, a
date will only be extended by a Force Majeure Period if the Acting Party gives notice to the other
Party of the occurrence or commencement of the event that constitutes Force Majeure within ten
days after the Acting Party knows of the existence or commencement of such event, and claims
(in such notice) that such event constitutes Force Majeure. A Party that has claimed the right to
temporarily suspend its performance under this section shall provide written reports to the other
Party at least once every two weeks detailing: (i) the extent to which the force majeure event or
circumstance continue to prevent the Party’s performance; (ii) all of the measures being employed
to regain the ability to perform; and (iii) the projected date upon which the Party will be able to
resume performance, which projected date the Parties agree and acknowledge is only an estimate
and not a binding commitment by the Party claiming force majeure.
SECTION 15. EFFECTIVE DATE.
This Agreement will be effective upon the Effective Date first stated herein.
[signature page follows]
CITY OF ANNA
By: _______________________
Ryan Henderson, City Manager
IN WITNESS WHEREOF: STATE OF TEXAS COUNTY OF COLLIN
Before me, the undersigned notary public, on the day of , 2024, appeared Ryan
Henderson, known to me (or proved to me) to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that he executed the same in his capacity as City
Manager of the City of Anna, Texas.
Notary Public, State of Texas
White and Willow – Anna LLC,
a Texas limited liability company
By:_________________________________
Bruce Marcus, its Manager
IN WITNESS WHEREOF: STATE OF TEXAS COUNTY OF DALLAS
Before me, the undersigned notary public, on the day of 2024, appeared
Bruce Marcus 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/she executed the same in his/her capacity
as Manager of White and Willow – Anna LLC, a Texas limited liability company.
Notary Public, State of Texas
Brian Roper
By:_________________________________
(Property Owner)
IN WITNESS WHEREOF: STATE OF TEXAS COUNTY OF DALLAS
Before me, the undersigned notary public, on the day of , 2024, appeared
___________, 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/she executed the same in his/her
capacity as property owner
Notary Public, State of Texas
1 of 3
LEGAL DESCRIPTION
SITUATED in the City of Anna, in the Granderson Stark Survey, Abstract No. 798 of Collin
County, Texas and being all of the following tracts of land: that certain called 8.64 acre tract of
land described in a deed to Snehal Jasani, Pulin Pravin Chhatbar, Praful Nathabhai Madhani &
Bruce Douglas Marcus, recorded in Document No. 2022000094540, Deed Records, Collin
County, Texas (D.R.C.C.T.); all of that certain called 0.503 acre tract of land described in a deed
to Snehal Jasani, Pulin Pravin Chhatbar, Praful Nathabhai Madhani & Bruce Douglas Marcus,
recorded in Document No. 2022000095330, D.R.C.C.T.; all of that certain called 0.247 acre
tract of land described in a deed to James M. Martin and wife, Susan G. Martin, recorded in
Document No. 20180103000010820, D.R.C.C.T.; all of that certain called 0.031 acre tract of
land described in a deed to James M. Martin, recorded in Document No. 20200108000030410,
D.R.C.C.T. and all of Lot 1, Block A of Roper Addition, an addition to the City of Anna,
according to the plat thereof, recorded in Volume 2013, Page 53, Plat Records, Collin County,
Texas (P.R.C.C.T.) and as further described in a deed to Patricia Lee Roper & Amon Burl Roper,
recorded in Volume 2094, Page 741, D.R.C.C.T. and the consolidation of the above described
tracts of land being more particularly described by metes & bounds as follows:
BEGINNING at a 1/2 inch iron rod, topped with a red plastic cap, stamped “GEER RPLS 4117”
(hereinafter referred to as “GEER cap”), found on the south right-of-way line of W. White Street
(a.k.a. F.M. Road 455, a variable width right-of-way) for the most northerly northeast corner of
the above described 8.64 acre tract and same being on the west line of that certain called 0.2718
acre tract of land described in a deed to Chan C. Chung, recorded in Volume 5965, Page 2924,
D.R.C.C.T.;
THENCE: South 04 deg. 11 min. 10 sec. West, departing from said W. White Street, along the
common line of said 8.64 acre tract and said Chung tract, a distance of 35.25 feet to a mag nail
with a steel washer, stamped “RPLS 4701”, set for an angle corner;
THENCE: South 01 deg. 06 min. 07 sec. West, continuing along said common line, a distance of
93.86 feet to a 1/2 inch iron pipe found at the southwest corner of said Chung tract, on the north
line of that certain called 0.341 acre tract of land described in a deed to AICO, Inc, recorded in
Document No. 2022000084080, D.R.C.C.T.;
THENCE: North 89 deg. 16 min. 02 sec. West, along the common line of said 8.64 acre tract
and said 0.341 acre AICO tract, a distance of 88.36 feet to a 1/2 inch iron rod, topped with a
green plastic cap, stamped “Eagle Surveying”, found for the northwest corner of said 0.341 acre
AICO tract and an inside ell corner of said 8.64 acre tract;
THENCE: South 04 deg. 09 min. 17 sec. West, continuing along the common line of said 8.64
acre tract and said 0.341 acre AICO tract, at a distance of 100.6 feet, passing a 100 D Nail found
for the southwest corner of said 0.341 acre AICO tract and same being the northwest corner of
that certain called 0.594 acre tract of land described in a deed to AICO, Inc, recorded in
Document No. 20200113000048930, D.R.C.C.T. and continuing along the common line of said
8.64 acre tract and said 0.594 acre tract for a total distance of 255.34 feet to a 1/2 inch iron rod
found for an inside ell corner for said 8.64 acre tract and the southwest corner of said 0.594 acre
AICO tract;
2 of 3
THENCE: South 89 deg. 07 min. 15 sec. East, continuing along said common line, a distance of
146.70 feet to a point 1/2 inch iron rod, topped with a red plastic cap, stamped “RPLS 4701”, set
for corner of the west right-of-way line of S. Powell Parkway (a.k.a. State Highway 5, a variable
width right-of-way);
THENCE: South 32 deg. 13 min. 14 sec. West, along the east line of said 8.64 acre tract and the
west right-of-way line of said S. Powell Parkway, a distance of 32.92 feet to a 5/8 inch iron rod,
topped with a pink plastic cap stamped “Texas Department of Transportation (TxDOT)”, found
for an angle corner;
THENCE: South 01 deg. 06 min. 55 sec. East, continuing along the common line of said 8.64
acre tract and said S. Powell Parkway, at a distance of 10.85 feet, passing a 5/8 inch iron rod,
topped with a “TxDOT cap”, found for the easterly southeast corner of said 8.64 acre tract and
same being the northeast corner of the above described 0.503 acre Praful, Madhani, Chhatbar &
Marcus tract and continuing along the common line of said 0.503 acre tract and said S. Powell
Parkway for a total distance of 110.93 feet to a 5/8 inch iron rod, topped with a “TxDOT cap”,
found for the southeast corner of said 0.503 acre tract and same being the northerly northeast
corner of that certain called 4.486 acre tract described in a deed to Elhodoli Properties, Inc.,
recorded in Document No. 20180530000658600, D.R.C.C.T.;
THENCE: North 88 deg. 27 min. 57 sec. West, departing from said S. Powell Parkway, along
the common line of said 0.503 acre tract and said 4.486 acre Elhodoli tract, a distance of 224.53
feet to a 5/8 inch iron rod found for the southwest corner of said 0.503 acre tract and the
northerly northwest corner of said 4.486 acre tract and said point being on the southerly east line
of the above described 8.64 acre Praful, Madhani, Chhatbar & Marcus tract;
THENCE: South 04 deg. 33 min. 23 sec. West, along the common line of said 8.64 acre tract
and said 4.486 acre tract, a distance of 50.38 feet to a 1/2 inch iron rod, topped with a red plastic
cap, stamped “RPLS 4701”, set for the most southerly southeast corner of said 8.64 acre tract
and an inside ell corner of said 4.486 acre tract and a found 1/2 inch iron rod with “GEER” cap
bears North 04 deg. 33 min. 23 sec. East – 2.35 feet for reference;
THENCE: North 88 deg. 28 min. 11 sec. West, along the common line of said 8.64 acre tract
and said 4.486 acre tract, at a distance of 579.51 feet, passing a 1/2 inch iron rod with “GEER”
cap found for reference and continuing on for a total distance of 722.00 feet to a point on the
west bank of Slater Creek for the southwest corner of said 8.64 acre tract at the south end of a
Boundary Line Agreement, recorded in Document No. 20220425000657790, D.R.C.C.T. and
same being on the east line of that certain tract of land described in a deed to Harlow Land Co.,
Ltd., recorded in Volume 4617, Page 2624, D.R.C.C.T.;
THENCE: North 00 deg. 36 min. 10 sec. West, along the common line of said 8.64 acre tract,
Boundary Line Agreement and said Harlow tract, a distance of 331.57 feet to a point for the
westerly northwest corner of said 8.64 acre tract and the southwest corner of that certain called
1.463 acre tract described in a deed to Ronald Ferguson and wife, Vicki Ferguson, recorded in
Document No. 19940204000126140, D.R.C.C.T.;
3 of 3
THENCE: North 87 deg. 41 min. 46 sec. East, along the common line of said 8.64 acre tract and
said 1.463 acre Ferguson tract, at a distance of 105.0 feet, passing a 1/2 inch iron rod with
“GEER” cap found for reference and continuing along said common line for a total distance of
286.92 feet to a 1/2 inch iron rod, topped with a yellow plastic cap, stamped “COLLIS RPLS
1764” found for an inside ell corner of said 8.64 acre tract and the southeast corner of said 1.463
acre Ferguson tract;
THENCE: North 01 deg. 47 min. 24 sec. West, continuing along said common line, a distance of
97.55 feet to a nail found in concrete for the southwest corner of the above described 0.247 acre
James & Susan Martin tract of land;
THENCE: North 01 deg. 53 min. 07 sec. West, along the common line of said 0.247 acre Martin
tract and said 1.463 acre Ferguson tract, a distance of 114.55 feet to a point on the south right-of-
way line of the above mentioned W. White Street for the most northerly northwest corner of this
hereinafter described tract of land;
THENCE: South 89 deg. 24 min. 53 sec. East, along the south right-of-way line of said W.
White Street, a distance of 90.00 feet to a 1/2 inch iron rod with “GEER” cap found for the most
northerly northwest corner of said 8.64 acre tract;
THENCE: South 89 deg. 24 min. 47 sec. East, continuing along the common line of said 8.64
acre tract and said W. White Street right-of-way, a distance of 55.00 feet to a 1/2 inch iron rod
with “GEER” cap found for a re-entrant corner of said 8.64 acre tract, on the west line of the
above described 0.031 acre James M. Martin tract;
THENCE: South 89 deg. 27 min. 03 sec. East, continuing along the south right-of-way line of
said W. White Street, across said Martin tract, a distance of 89.93 feet to a 1/2 inch iron rod with
“GEER” cap found for corner on the east line of said Martin tract and the west line of the above
described Lot 1, Block A of Roper Addition;
THENCE: South 89 deg. 22 min. 54 sec. East, continuing along the south right-of-way line of
said W. White Street, across said Lot 1, Block A, a distance of 101.28 feet to an “X” found
carved in a concrete driveway for the westerly northeast corner of said 8.64 acre tract;
THENCE: South 89 deg. 24 min. 52 sec. East, continuing along the south right-of-way line of
said W. White Street and the northern line of said 8.64 acre tract, a distance of 282.37 feet to a
1/2 inch iron rod, topped with a red plastic cap, stamped “RPLS 4701” set for corner at the
beginning of a curve to the left, having a radius of 4,940.00, a central angle of 0 deg. 24 min. 30
sec. and a chord that bears South 89 deg. 33 min. 23 sec. East - 35.21 feet;
THENCE: Continuing along the south right-of-way line of said W. White Street and the northern
line of said 8.64 acre tract and with said curve to the left, an arc distance of 35.21 feet to the
POINT OF BEGINNING and containing 431,400 square feet or 9.904 acres of land.
W. WHITE STREET(a.k.a. F. M. ROAD 455)S. POWELL PARK
W
A
Y
(a.k.a. State Highw
a
y
N
o
.
5
)
S. POWELL PARK
W
A
Y
(a.k.a. State Highw
a
y
N
o
.
5
)CONCEPT PLAN1"=40'CPProject No.Sheet No.Issue Dates:Revision & Date:123456Drawn By:Checked By:Scale:C.E.C.I.CITY OF ANNA, TEXASW. WHITE MIXED USE23048TERRACO CONSTRUCTIONW. WHITE MIXED USE1720 W. Virginia StreetMcKinney, Texas 75069972.562.4409Texas P.E. Firm No. F-5935C.E.C.I.123456“” . “” ’CONCEPT PLANWHITE & POWELLCOMMERCIAL ADDITIONBLOCK A, LOTS 1-59.864 ACRESG STARK SURVEY, ABSTRACTNO. 798CITY OF ANNA, COLLIN COUNTY, TXDATE OF PREPARATION: DEC. 2023
Item No. 7.b.
City Council Agenda
Staff Report
Meeting Date: 2/27/2024
Staff Contact: Lauren Mecke
AGENDA ITEM:
Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance to rezone 9.9±
acres from Single-Family Residential (SF-7.2) District, Local Commercial (C-1) District,
& Agricultural (AG) District to Regional Commercial (C-2) District and Downtown (DT)
District located at the southwest corner of S. Powell Parkway and W. White Street.
(Planning Manager Lauren Mecke)
SUMMARY:
REMARKS:
The applicant is requesting to rezone the property to Regional Commercial (C-2) District
and Downtown (DT) District zoning to allow for a retail, restaurant, office, and mixed-use
development.
The intent of the Regional Commercial (C-2) District is to provide medium- to large-
scale development of retail, service, entertainment, and office necessary for a regional
market.
The intent of the Downtown (DT) District is to:
1. Implement the Anna 2050 Downtown Master Plan adopted by City Council;
2. Facilitate pedestrian-oriented, mixed-use, urban infill development providing
shopping, employment, housing, and business and personal services;
3. Promote an efficient, compact, and walkable development pattern;
4. Encourage pedestrian activity while reducing reliance on automobiles; and
5. Allow developers flexibility in land use and site design.
A Concept Plan, White & Powell Commercial Addition, Block A, Lots 1-5, accompanies
this request (Exhibit A).
Surrounding Land Use and Zoning
North Industrial and Manufacturing, Heavy zoned Heavy Industrial (I-2) District
East Restaurant and Postal Services zoned Local Commercial (C-1) District
South Single-family dwelling, detached lot zoned Single-Family Residential (SF-7.2)
District & Personal Services zoned Regional Commercial (C-2) District
West Single-family dwelling, detached lot zoned Agricultural (AG) District
Future Land Use Plan
The subject property is located within the Anna 2050 Downtown Master Plan, situated
within the Downtown Core District, and identified as a Catalyst character area.
• Catalyst Areas are designated for redevelopment or new development based on
its potential to spur activity, contribute to the urban fabric and to serve as a
unique Downtown anchor or signature neighborhood. Investment in these areas
will show confidence and commitment to Downtown and could help catalyze
further economic growth in the district.
SUMMARY:
Request to rezone the property to Regional Commercial (C-2) District and Downtown
(DT) District zoning to allow for a retail, restaurant, office, and mixed-use development.
FINANCIAL IMPACT:
This item has no financial impact.
BACKGROUND:
The applicant is proposing to rezone the property to the Regional Commercial (C-2)
District and the Downtown (DT) District to allow a proposed retail, restaurant, office, and
mixed-use development which is in line with the Anna 2050 Downtown Master Plan for
the Downtown Core District.
The request is in conformance with the Anna 2050 Future Land Use Plan.
The Planning & Zoning Commission recommended approval 6-0.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Unique.
ATTACHMENTS:
1. White & Powell Commercial Addition, Block A, Lots 1-5 Zoning Locator Map
2. Ordinance - White & Powell Commercial Addition, Block A, Lots 1-5
3. Ord. Exhibit 1 - Ordinance (Metes and Bounds)
4. Ord. Exhibit 2 - (CP) White & Powell Commercial Addition, Blk A, Lts 1-5
5. PZ - STAFF REPORT (Zoning) - White & Powell Commercial Addition, Block A,
Lots 1-5
6. Exhibit A - (CP) White & Powell Commercial Addition, Blk A, Lts 1-5
MIMOSADRS POWELL PKWYBAMBOO DR
SRIGGINSSTE WHITE STDOGWOOD DRWESTWOOD CT
WESTGATE CT
S INTERURBAN STW SEVENTH ST
WILLOWCREEKDRW EIGHTH ST
SSHERLEYAVEALDER DR
WESTFIELD DRW WHITE ST
HAZELS WAYCopyright nearmap 2015
Subject
Property
200' Notice
Boundary
City Limits
ETJ
¯
0 300 600150
Feet
December 2023
H:\Notification Maps\Notification Maps\
Zoning - White & Powell Commercial Addition, Block A, Lots 1-5
1
CITY OF ANNA, TEXAS
(Property rezoned under this ordinance is generally located at the southwest corner of S.
Powell Parkway and W. White Street)
ORDINANCE NO. ________________
AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY’S
COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND CHANGING THE
ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS,
REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE;
PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST
PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City of Anna, Texas (“City”) has previously adopted ordinances, rules and
regulations governing the zoning in the City; and
WHEREAS, the City has received a requested zoning change on Property described in Exhibit 1
(“Property”) attached hereto and incorporated herein for all purposes as if set forth in full; and
WHEREAS, said Property generally located at the southwest corner of S. Powell Parkway and
W. White Street being rezoned from Single-Family Residential (SF-7.2) District, Local Commercial
(C-1) District, and Agricultural (AG) District; and
WHEREAS, the Planning and Zoning Commission of the City and the City Council of the City of
Anna (“City Council”) have given the requisite notices by publication and otherwise and have held
the public hearings as required by law and afforded a full and fair hearing to all property owners
and generally to all persons interested in and situated in the affected area and in the vicinity
thereof, the City Council has concluded that the Zoning Ordinance of the City should be amended
as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS THAT:
Section 1.Recitals Incorporated
The above recitals are incorporated herein by reference for all purposes.
Section 2.Zoning Change
The Anna City Code of Ordinances are hereby amended by changing the zoning of the Property
from Single-Family Residential (SF-7.2) District, Local Commercial (C-1) District, and Agricultural
(AG) District to Regional Commercial (C-2) District and Downtown (DT) District zoning, as
depicted in the Concept Plan on the attached Exhibit 2.
2
Section 3.Official Zoning Map
The official Zoning Map of the City shall be corrected to reflect the change in zoning described
herein.
Section 4.Savings, Repealing and Severability Clauses
It is hereby declared to be the intention of the City Council that the words, sentences, paragraphs,
subdivisions, clauses, phrases, and provisions of this ordinance are severable and, if any phrase,
sentence, paragraph, subdivision, clause, or provision of this ordinance shall be declared
unconstitutional or otherwise invalid or inapplicable by the valid judgment or decree of any court
of competent jurisdiction, such unconstitutionality, invalidity or inapplicability shall not affect any
of the remaining words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions of
this ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional, invalid or inapplicable words,
sentences, paragraphs, subdivisions, clauses, phrases, or provisions. Further, all ordinances or
parts of ordinances in force when the provisions of this ordinance become effective that are
consistent and do not conflict with the terms and provisions of this ordinance are hereby ratified
to the extent of such consistency and lack of conflict, and all ordinances or parts of ordinances in
force when the provisions of this ordinance become effective that are inconsistent or in conflict
with the terms and provisions contained in this ordinance are hereby repealed only to the extent
of any such conflict.
Section 5.Penalty
Any violation of any of the terms of this ordinance, whether denominated in this ordinance as
unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation shall
be fined in an amount not to exceed $2,000 for each incidence of violation. Each day a violation
exists is considered a separate offense and will be punished separately.
Section 6.Publication of the Caption and Effective Date
This ordinance shall be effective upon its passage by the City Council, approval by the Mayor,
and posting and/or publication, if required by law, of its caption. The City Secretary is hereby
authorized and directed to implement such posting and/or publication.
PASSED by the City Council of the City of Anna, Texas this 27th day of February, 2024.
ATTESTED: APPROVED:
________________________________ _________________________
Carrie L. Land, City Secretary Nate Pike, Mayor
1 of 3
LEGAL DESCRIPTION
SITUATED in the City of Anna, in the Granderson Stark Survey, Abstract No. 798 of Collin
County, Texas and being all of the following tracts of land: that certain called 8.64 acre tract of
land described in a deed to Snehal Jasani, Pulin Pravin Chhatbar, Praful Nathabhai Madhani &
Bruce Douglas Marcus, recorded in Document No. 2022000094540, Deed Records, Collin
County, Texas (D.R.C.C.T.); all of that certain called 0.503 acre tract of land described in a deed
to Snehal Jasani, Pulin Pravin Chhatbar, Praful Nathabhai Madhani & Bruce Douglas Marcus,
recorded in Document No. 2022000095330, D.R.C.C.T.; all of that certain called 0.247 acre
tract of land described in a deed to James M. Martin and wife, Susan G. Martin, recorded in
Document No. 20180103000010820, D.R.C.C.T.; all of that certain called 0.031 acre tract of
land described in a deed to James M. Martin, recorded in Document No. 20200108000030410,
D.R.C.C.T. and all of Lot 1, Block A of Roper Addition, an addition to the City of Anna,
according to the plat thereof, recorded in Volume 2013, Page 53, Plat Records, Collin County,
Texas (P.R.C.C.T.) and as further described in a deed to Patricia Lee Roper & Amon Burl Roper,
recorded in Volume 2094, Page 741, D.R.C.C.T. and the consolidation of the above described
tracts of land being more particularly described by metes & bounds as follows:
BEGINNING at a 1/2 inch iron rod, topped with a red plastic cap, stamped “GEER RPLS 4117”
(hereinafter referred to as “GEER cap”), found on the south right-of-way line of W. White Street
(a.k.a. F.M. Road 455, a variable width right-of-way) for the most northerly northeast corner of
the above described 8.64 acre tract and same being on the west line of that certain called 0.2718
acre tract of land described in a deed to Chan C. Chung, recorded in Volume 5965, Page 2924,
D.R.C.C.T.;
THENCE: South 04 deg. 11 min. 10 sec. West, departing from said W. White Street, along the
common line of said 8.64 acre tract and said Chung tract, a distance of 35.25 feet to a mag nail
with a steel washer, stamped “RPLS 4701”, set for an angle corner;
THENCE: South 01 deg. 06 min. 07 sec. West, continuing along said common line, a distance of
93.86 feet to a 1/2 inch iron pipe found at the southwest corner of said Chung tract, on the north
line of that certain called 0.341 acre tract of land described in a deed to AICO, Inc, recorded in
Document No. 2022000084080, D.R.C.C.T.;
THENCE: North 89 deg. 16 min. 02 sec. West, along the common line of said 8.64 acre tract
and said 0.341 acre AICO tract, a distance of 88.36 feet to a 1/2 inch iron rod, topped with a
green plastic cap, stamped “Eagle Surveying”, found for the northwest corner of said 0.341 acre
AICO tract and an inside ell corner of said 8.64 acre tract;
THENCE: South 04 deg. 09 min. 17 sec. West, continuing along the common line of said 8.64
acre tract and said 0.341 acre AICO tract, at a distance of 100.6 feet, passing a 100 D Nail found
for the southwest corner of said 0.341 acre AICO tract and same being the northwest corner of
that certain called 0.594 acre tract of land described in a deed to AICO, Inc, recorded in
Document No. 20200113000048930, D.R.C.C.T. and continuing along the common line of said
8.64 acre tract and said 0.594 acre tract for a total distance of 255.34 feet to a 1/2 inch iron rod
found for an inside ell corner for said 8.64 acre tract and the southwest corner of said 0.594 acre
AICO tract;
2 of 3
THENCE: South 89 deg. 07 min. 15 sec. East, continuing along said common line, a distance of
146.70 feet to a point 1/2 inch iron rod, topped with a red plastic cap, stamped “RPLS 4701”, set
for corner of the west right-of-way line of S. Powell Parkway (a.k.a. State Highway 5, a variable
width right-of-way);
THENCE: South 32 deg. 13 min. 14 sec. West, along the east line of said 8.64 acre tract and the
west right-of-way line of said S. Powell Parkway, a distance of 32.92 feet to a 5/8 inch iron rod,
topped with a pink plastic cap stamped “Texas Department of Transportation (TxDOT)”, found
for an angle corner;
THENCE: South 01 deg. 06 min. 55 sec. East, continuing along the common line of said 8.64
acre tract and said S. Powell Parkway, at a distance of 10.85 feet, passing a 5/8 inch iron rod,
topped with a “TxDOT cap”, found for the easterly southeast corner of said 8.64 acre tract and
same being the northeast corner of the above described 0.503 acre Praful, Madhani, Chhatbar &
Marcus tract and continuing along the common line of said 0.503 acre tract and said S. Powell
Parkway for a total distance of 110.93 feet to a 5/8 inch iron rod, topped with a “TxDOT cap”,
found for the southeast corner of said 0.503 acre tract and same being the northerly northeast
corner of that certain called 4.486 acre tract described in a deed to Elhodoli Properties, Inc.,
recorded in Document No. 20180530000658600, D.R.C.C.T.;
THENCE: North 88 deg. 27 min. 57 sec. West, departing from said S. Powell Parkway, along
the common line of said 0.503 acre tract and said 4.486 acre Elhodoli tract, a distance of 224.53
feet to a 5/8 inch iron rod found for the southwest corner of said 0.503 acre tract and the
northerly northwest corner of said 4.486 acre tract and said point being on the southerly east line
of the above described 8.64 acre Praful, Madhani, Chhatbar & Marcus tract;
THENCE: South 04 deg. 33 min. 23 sec. West, along the common line of said 8.64 acre tract
and said 4.486 acre tract, a distance of 50.38 feet to a 1/2 inch iron rod, topped with a red plastic
cap, stamped “RPLS 4701”, set for the most southerly southeast corner of said 8.64 acre tract
and an inside ell corner of said 4.486 acre tract and a found 1/2 inch iron rod with “GEER” cap
bears North 04 deg. 33 min. 23 sec. East – 2.35 feet for reference;
THENCE: North 88 deg. 28 min. 11 sec. West, along the common line of said 8.64 acre tract
and said 4.486 acre tract, at a distance of 579.51 feet, passing a 1/2 inch iron rod with “GEER”
cap found for reference and continuing on for a total distance of 722.00 feet to a point on the
west bank of Slater Creek for the southwest corner of said 8.64 acre tract at the south end of a
Boundary Line Agreement, recorded in Document No. 20220425000657790, D.R.C.C.T. and
same being on the east line of that certain tract of land described in a deed to Harlow Land Co.,
Ltd., recorded in Volume 4617, Page 2624, D.R.C.C.T.;
THENCE: North 00 deg. 36 min. 10 sec. West, along the common line of said 8.64 acre tract,
Boundary Line Agreement and said Harlow tract, a distance of 331.57 feet to a point for the
westerly northwest corner of said 8.64 acre tract and the southwest corner of that certain called
1.463 acre tract described in a deed to Ronald Ferguson and wife, Vicki Ferguson, recorded in
Document No. 19940204000126140, D.R.C.C.T.;
3 of 3
THENCE: North 87 deg. 41 min. 46 sec. East, along the common line of said 8.64 acre tract and
said 1.463 acre Ferguson tract, at a distance of 105.0 feet, passing a 1/2 inch iron rod with
“GEER” cap found for reference and continuing along said common line for a total distance of
286.92 feet to a 1/2 inch iron rod, topped with a yellow plastic cap, stamped “COLLIS RPLS
1764” found for an inside ell corner of said 8.64 acre tract and the southeast corner of said 1.463
acre Ferguson tract;
THENCE: North 01 deg. 47 min. 24 sec. West, continuing along said common line, a distance of
97.55 feet to a nail found in concrete for the southwest corner of the above described 0.247 acre
James & Susan Martin tract of land;
THENCE: North 01 deg. 53 min. 07 sec. West, along the common line of said 0.247 acre Martin
tract and said 1.463 acre Ferguson tract, a distance of 114.55 feet to a point on the south right-of-
way line of the above mentioned W. White Street for the most northerly northwest corner of this
hereinafter described tract of land;
THENCE: South 89 deg. 24 min. 53 sec. East, along the south right-of-way line of said W.
White Street, a distance of 90.00 feet to a 1/2 inch iron rod with “GEER” cap found for the most
northerly northwest corner of said 8.64 acre tract;
THENCE: South 89 deg. 24 min. 47 sec. East, continuing along the common line of said 8.64
acre tract and said W. White Street right-of-way, a distance of 55.00 feet to a 1/2 inch iron rod
with “GEER” cap found for a re-entrant corner of said 8.64 acre tract, on the west line of the
above described 0.031 acre James M. Martin tract;
THENCE: South 89 deg. 27 min. 03 sec. East, continuing along the south right-of-way line of
said W. White Street, across said Martin tract, a distance of 89.93 feet to a 1/2 inch iron rod with
“GEER” cap found for corner on the east line of said Martin tract and the west line of the above
described Lot 1, Block A of Roper Addition;
THENCE: South 89 deg. 22 min. 54 sec. East, continuing along the south right-of-way line of
said W. White Street, across said Lot 1, Block A, a distance of 101.28 feet to an “X” found
carved in a concrete driveway for the westerly northeast corner of said 8.64 acre tract;
THENCE: South 89 deg. 24 min. 52 sec. East, continuing along the south right-of-way line of
said W. White Street and the northern line of said 8.64 acre tract, a distance of 282.37 feet to a
1/2 inch iron rod, topped with a red plastic cap, stamped “RPLS 4701” set for corner at the
beginning of a curve to the left, having a radius of 4,940.00, a central angle of 0 deg. 24 min. 30
sec. and a chord that bears South 89 deg. 33 min. 23 sec. East - 35.21 feet;
THENCE: Continuing along the south right-of-way line of said W. White Street and the northern
line of said 8.64 acre tract and with said curve to the left, an arc distance of 35.21 feet to the
POINT OF BEGINNING and containing 431,400 square feet or 9.904 acres of land.
W. WHITE STREET(a.k.a. F. M. ROAD 455)S. POWELL PARK
W
A
Y
(a.k.a. State Highw
a
y
N
o
.
5
)
S. POWELL PARK
W
A
Y
(a.k.a. State Highw
a
y
N
o
.
5
)CONCEPT PLAN1"=40'CPProject No.Sheet No.Issue Dates:Revision & Date:123456Drawn By:Checked By:Scale:C.E.C.I.CITY OF ANNA, TEXASW. WHITE MIXED USE23048TERRACO CONSTRUCTIONW. WHITE MIXED USE1720 W. Virginia StreetMcKinney, Texas 75069972.562.4409Texas P.E. Firm No. F-5935C.E.C.I.123456“” . “” ’CONCEPT PLANWHITE & POWELLCOMMERCIAL ADDITIONBLOCK A, LOTS 1-59.864 ACRESG STARK SURVEY, ABSTRACTNO. 798CITY OF ANNA, COLLIN COUNTY, TXDATE OF PREPARATION: DEC. 2023
CITY OF ANNA
Planning & Zoning Commission
February 5, 2024
Public Hearing: Zoning – White & Powell Commercial Addition, Block A, Lots 1-5
Applicant: White + Willow – Anna LLC and Brian Roper
DESCRIPTION:
Request to rezone 9.9± acre located at the southwest corner of S. Powell Parkway and W. White
Street from Single-Family Residential (SF-7.2) District, Local Commercial (C-1) District, &
Agricultural (AG) District to Regional Commercial (C-2) District and Downtown (DT) District to
allow for a proposed retail, restaurant, office, and mixed-use development.
REMARKS:
The applicant is requesting to rezone the property to Regional Commercial (C-2) District and
Downtown (DT) District zoning to allow for a retail, restaurant, office, and mixed-use development.
The intent of the Regional Commercial (C-2) District is to provide medium- to large-scale
development of retail, service, entertainment, and office necessary for a regional market.
The intent of the Downtown (DT) District is to:
1. Implement the Anna 2050 Downtown Master Plan adopted by City Council;
2. Facilitate pedestrian-oriented, mixed-use, urban infill development providing shopping,
employment, housing, and business and personal services;
3. Promote an efficient, compact, and walkable development pattern;
4. Encourage pedestrian activity while reducing reliance on automobiles; and
5. Allow developers flexibility in land use and site design.
A Concept Plan, White & Powell Commercial Addition, Block A, Lots 1-5, accompanies this
request (Exhibit A).
Surrounding Land Use and Zoning
North Industrial and Manufacturing, Heavy zoned Heavy Industrial (I-2) District
East Restaurant and Postal Services zoned Local Commercial (C-1) District
South Single-family dwelling, detached lot zoned Single-Family Residential (SF-7.2) District
& Personal Services zoned Regional Commercial (C-2) District
West Single-family dwelling, detached lot zoned Agricultural (AG) District
PAGE 2 OF 2
Future Land Use Plan – The subject property is located within the Anna 2050 Downtown Master
Plan, situated within the Downtown Core District, and identified as a Catalyst character area.
•Catalyst Areas are designated for redevelopment or new development based on its
potential to spur activity, contribute to the urban fabric and to serve as a unique Downtown
anchor or signature neighborhood. Investment in these areas will show confidence and
commitment to Downtown and could help catalyze further economic growth in the district.
SUMMARY:
The applicant is proposing to rezone the property to the Regional Commercial (C-2) District and
the Downtown (DT) District to allow a proposed retail, restaurant, office, and mixed-use
development which is in line with the Anna 2050 Downtown Master Plan for the Downtown Core
District.
The request is in conformance with the Anna 2050 Future Land Use Plan.
W. WHITE STREET(a.k.a. F. M. ROAD 455)S. POWELL PARK
W
A
Y
(a.k.a. State Highw
a
y
N
o
.
5
)
S. POWELL PARK
W
A
Y
(a.k.a. State Highw
a
y
N
o
.
5
)CONCEPT PLAN1"=40'CPProject No.Sheet No.Issue Dates:Revision & Date:123456Drawn By:Checked By:Scale:C.E.C.I.CITY OF ANNA, TEXASW. WHITE MIXED USE23048TERRACO CONSTRUCTIONW. WHITE MIXED USE1720 W. Virginia StreetMcKinney, Texas 75069972.562.4409Texas P.E. Firm No. F-5935C.E.C.I.123456“” . “” ’CONCEPT PLANWHITE & POWELLCOMMERCIAL ADDITIONBLOCK A, LOTS 1-59.864 ACRESG STARK SURVEY, ABSTRACTNO. 798CITY OF ANNA, COLLIN COUNTY, TXDATE OF PREPARATION: DEC. 2023
Item No. 7.c.
City Council Agenda
Staff Report
Meeting Date: 2/27/2024
Staff Contact: Lauren Mecke
AGENDA ITEM:
Consider/Discuss/Action on a Resolution approving the White & Powell, Concept Plan.
(Planning Manager Lauren Mecke)
SUMMARY:
Retail, Restaurant, Office, and Mixed-Use five lots on 9.9± acres located at the
southwest corner of S. Powell Parkway and W. White Street.
The Concept Plan is associated with the zoning case and is contingent upon approval of
the zoning case. The purpose for the Concept Plan is to show the conceptual layout
and related site improvements and locations associated with the future commercial
development.
The Concept Plan complies with the zoning district's area regulations as requested by
the zoning case.
FINANCIAL IMPACT:
This item has no financial impact.
BACKGROUND:
If the zoning case is recommended for approval, the Concept Plan is in conformance
with the city’s Subdivision Regulations and Zoning Ordinances.
The Planning & Zoning Commission recommended approval subject to approval of the
zoning 6-0.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Unique.
ATTACHMENTS:
1. White & Powell Commercial Addition, Block A, Lots 1-5 Concept Plan Locator
Map
2. RESOLUTION - (CP) White & Powell Commercial Addition, Block A, Lots 1-5
3. Exhibit A - (CP) White & Powell Commercial Addition, Blk A, Lts 1-5
MIMOSADRW WHITE ST
S INTERURBAN STHAZELS WAYBAMBOO DR
S POWELL PKWYCopyright nearmap 2015
Subject
Property
City Limits
ETJ
¯
0 200 400100
Feet
December 2023
H:\Notification Maps\Notification Maps\
Concept Plan - White & Powell Commercial Addition, Block A, Lots 1-5
CITY OF ANNA, TEXAS
RESOLUTION NO. _______________
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING WHITE & POWELL
COMMERCIAL ADDITION, BLOCK A, LOTS 1-5, CONCEPT PLAN
WHEREAS, In order to provide for the orderly development of land within the Anna city limits
and extraterritorial jurisdiction, the City Council of the City of Anna, Texas has adopted Article
9.02 (“Subdivision Regulation”) and Article 9.04 (“Zoning Ordinance”) of the Anna City Code of
Ordinances; and
WHEREAS, White + Willow – Anna LLC & Brian Roper have submitted an application for the
approval of the White & Powell Commercial Addition, Block A, Lots 1-6, Concept Plan; and
WHEREAS, the Concept Plan conforms to the city’s Subdivision Regulations and Zoning
Ordinance; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS, THAT:
Section 1. Recitals Incorporated
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Approval of Concept Plan
The City Council hereby approves the White & Powell Commercial Addition, Block A, Lots 1-5,
Concept Plan attached hereto as Exhibit A.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 27th day
of February, 2024.
ATTEST:
APPROVED:
_____________________________ ______________________________
City Secretary, Carrie L. Land Mayor, Nate Pike
W. WHITE STREET(a.k.a. F. M. ROAD 455)S. POWELL PARK
W
A
Y
(a.k.a. State Highw
a
y
N
o
.
5
)
S. POWELL PARK
W
A
Y
(a.k.a. State Highw
a
y
N
o
.
5
)CONCEPT PLAN1"=40'CPProject No.Sheet No.Issue Dates:Revision & Date:123456Drawn By:Checked By:Scale:C.E.C.I.CITY OF ANNA, TEXASW. WHITE MIXED USE23048TERRACO CONSTRUCTIONW. WHITE MIXED USE1720 W. Virginia StreetMcKinney, Texas 75069972.562.4409Texas P.E. Firm No. F-5935C.E.C.I.123456“” . “” ’CONCEPT PLANWHITE & POWELLCOMMERCIAL ADDITIONBLOCK A, LOTS 1-59.864 ACRESG STARK SURVEY, ABSTRACTNO. 798CITY OF ANNA, COLLIN COUNTY, TXDATE OF PREPARATION: DEC. 2023
Item No. 7.d.
City Council Agenda
Staff Report
Meeting Date: 2/27/2024
Staff Contact: Justin Clay
AGENDA ITEM:
Consider/Discuss/Action authorizing the City Manager to execute a contract with
Interstate Pipeline for the construction of the FM 455 water line. (CIP Manager Justin
Clay)
SUMMARY:
The FM 455 water line project has been identified as a capital water line improvement
project in the City of Anna's Capital Improvement Plan. It is shown on the City's Water
Master Plan. Phase 1 of the FM 455 Water Improvement contract consists of over 4,200
linear feet of 12-inch water main along FM 455.
The City publicly advertised the project for bid. Bids were opened on February 9, 2024.
Ten bids were received. The lowest qualified bid was received from Interstate Pipeline
in the amount of $762,005. Due to the rural location of the project, there are many
small diameter water mains and other rural utility crossings which lack detailed plans
and records. Due to this, staff is recommending a construction budget of $900,000
(contingency of $137,995) to allow for unforeseen changes required during construction.
Staff recommends approval.
FINANCIAL IMPACT:
Funding for the FM455 Water Line project was appropriated in the FY2024 - 2027
Community Investment Program budget in the amount of $3.8 million from the Water
Impact Fee Fund. The estimated cost of this Phase 1 construction contract is $900,000,
including contingency.
BACKGROUND:
The FM 455 water line project has been identified as a capital water line improvement
project in the City of Anna's Capital Improvement Plan. It is shown on the City's Water
Master Plan.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Resilient.
ATTACHMENTS:
1. Resolution 455 water line revised
2. Presentation: Award 12-inch Water Pipe Construction
CITY OF ANNA, TEXAS
RESOLUTION NO. _______________
A RESOLUTION OF THE CITY OF ANNA, TEXAS, AWARDING THE BID FOR PHASE
1 OF THE FM 455 WATERLINE PROJECT TO INTERSTATE PIPELINE UTILITY
CONSTRUCTION, LLC IN THE AMOUNT NOT TO EXCEED NINE HUNDRED
THOUSAND DOLLARS AND ZERO CENT ($900,000.00); AND PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, the Phase 1 FM 455 Waterline project is identified as a capital water line
improvement project in the City of Anna’s Capital Improvement Plan and is shown on the
City’s Water Master Plan,
WHEREAS, the proposed water line will increase water system capacity for existing
properties west of US 75, help spur development in the Western section of the City, and
provide much-needed fire hydrants for fire suppression activities; and
WHEREAS, The City has publicly bid on the construction project in accordance with
Texas Local Government Code and,
WHEREAS, the lowest qualified bid was received from Interstate Pipeline Utility
Construction, LLC, for the amount of $762,005.00.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1.Recitals Incorporated
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2.Authorization of Payment and Funding.
That the City Council of the City of Anna hereby authorizes the City Manager to execute
a contract in an amount not to exceed $900,000.00 to Interstate Pipeline Utility
Construction, LLC for the construction of FM 455 Water Line Phase 1.
That funding for the project shall come from the Water Impact Fee Fund and shall not
exceed $900,000.00, which includes $137,995 for contingency funds.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this ___
day of February 2024.
ATTEST: APPROVED:
__________________________ __________________________
City Secretary, Carrie Land Mayor, Nate Pike
Senior Transit Discussion
AWARD CONTRACT
For construction to Interstate Pipeline Utility, LLC for a
12-inch water line on FM 455
February 27, 2024
Overview
•Project Location
•Project Scope
•Project Funding
Project LocationFM 455 between Cowan RD and County Road 937
•4,200 Linear Feet of 12-inch water, including:
•Stub-outs for future development.
•10 new fire hydrants.
•Over 30 new water valves (various sizes)
• The Construction of the 12-inch water line will be funded through Water Impact Fees.
•Construction funding was identified in the 23/24 Capital Improvement Plan.
Project Scope & Funding
Bid Process
• The City publicly advertised the project for bid with the selection to be
determined by “lowest bid” in accordance with the Texas Local Government
Code.
•Ten bids were received on February 9, 2024. Interstate Pipeline LLC was the
lowest bidder, with a bid of 762,005.00.
•Staff has reviewed the scope and is recommending a total project budget of
$900,000 to provide contingency funding for unforeseen issues which may
arise. This area is rural and has many small diameter water mains which
were constructed without detailed plans. Additional valves and piping may
be needed to properly complete the project. Contingency funds will only be
spent if determined to be necessary by the City.
Staff Recommendations and Next Steps
• Staff recommends awarding the contractor Interstate Pipeline
Utility, LLC.
•If approved, the City will work with Interstate Pipeline to develop
a construction schedule.
•Work is anticipated to begin Spring of 2024
Item No. 7.e.
City Council Agenda
Staff Report
Meeting Date: 2/27/2024
Staff Contact: Wes Lawson
AGENDA ITEM:
Consider/Discuss/Action on a Resolution of the City of Anna, Texas, authorizing the City
Manager to execute a contract with Huitt-Zollars, Inc. to render Engineering, Surveyor,
and Architectural Services in connection with a TxCDBG Project, Contract Number
CDV23-0230-2023, known as the CDBG Riggins & Edwards Street Reconstruction (City
Engineer Wes Lawson, P.E.)
SUMMARY:
The City of Anna desires to reconstruct approximately 1,800 linear feet of streets to
include the southern portion of Riggins Street, Edwards Street and a street just north of
Edwards Street under the general direction of the Texas Community Development
Block Grant (hereinafter called “TxCDBG”) Program administered by the Texas
Department of Agriculture (TDA).
The City has selected Huitt-Zollars, Inc. to provide the required engineering and land
surveying services in connection with the TxCDBG Project, Contract Number CDV23-
0230-2023 CDBG Riggins Street Reconstruction. Huitt Zollars, Inc. was pre-selected for
roadway design int he City's multidisciplinary RFQ process.
FINANCIAL IMPACT:
Funding for this project was appropriated in the FY2024 Anna EDC/CDC Department
budget in the amount of $75,000. The City is receiving an 85/15 match from the
TxCDBG Grant in the amount of $500,000.
BACKGROUND:
In 2023 the City of Anna EDC/CDC contracted with Public Management to assist the
City in the application for grants for infrastructure improvements in the downtown area.
The City was successful in receiving approval for two grants, including this TxCDBG
Grant for improvements to Riggins and Edwards south of FM 455.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Resilient.
ATTACHMENTS:
1. Exhibit A - Project Location Map
2. Resolution - Huitt Zollars - Riggins Street
3. Engineering Agreement Riggins Street (2-14-2024)
RIGGINS STEDWARDS ST
48" RCP
RIGGINS ST
CITY OF ANNA
PROJECT NO:EXHIBIT
Huitt-Zollars, Inc. Dallas
Phone (214) 871-3311 Fax (214) 871-0757
5430 LBJ Freeway, Suite 1500
Dallas, Texas 75240
AUGUST 2023
00 200'
Scale: 1" = 200'
BENEFIT AREA
APPROXIMATE PROJECT LIMITS
LEGEND
CITY OF ANNA, TEXAS
RESOLUTION NO. _______________
A RESOLUTION OF THE CITY OF ANNA, TEXAS, AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT FOR PROFESSIONAL SERVICES WITH
HUITT-ZOLLARS, INC. FOR THE ENGINEERING DESIGN RELATED TO THE TEXAS
COMMUNITY BLOCK GRANT (TxCDBG) RIGGINS STREET RECONSTRUCTION
PROJECT, IN A FORM APPROVED BY THE CITY ATTORNEY PER THE PROPOSAL
SHOWN IN EXHIBIT “A” ATTACHED HERETO, AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the asphalt street section in the project area are in need of replacement due
to age and condition of the pavement; and,
WHEREAS, there are funds available for this project from a Texas Community Block
Grand (TxCDBG) awarded to the City of Anna by the Texas Department of Agriculture
(TDA); and,
WHEREAS, Huitt Zollars, Inc. was selected as part of the multi-discipline RFQ to provide
engineering services for roadway design; and,
WHERAS, Huitt Zollars, Inc. has provided the City of Anna with a proposal for engineering
design of the proposed improvements; and,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1.Recitals Incorporated
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2.Authorization of Payment and Funding.
That the City Council of the City of Anna hereby authorizes the City Manager to execute
a contract in an amount not to exceed $75,000 with Huitt Zollars, Inc. for the engineering
and design of the Riggins Road Reconstruction Project.
That funding for the project shall come from the Texas Community Block Grant funds
and City of Anna EDC/CDC Operating Budget and shall not exceed $75,000.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this ___
day of February 2024.
ATTEST: APPROVED:
__________________________ __________________________
City Secretary, Carrie Land Mayor, Nate Pike
Exhibit A – Proposal
(see following page)
ENGINEERING/ARCHITECTURAL/SURVEYOR SERVICES
PART I
AGREEMENT
THIS AGREEMENT, entered into this _____ day of ________ 2024, by and between
the CITY OF ANNA, hereinafter called the "City", acting herein by City Manager, hereunto
duly authorized, and HUITT-ZOLLARS, INC., hereinafter called "Firm,” acting herein by John
Ho, P.E., Vice President.
WITNESSETH THAT:
WHEREAS, the City of Anna desires to reconstruct approximately 1,800 linear of feet of
streets to include the southern portion of Riggins Street, Edwards Street and a street just
north of Edwards Street under the general direction of the Texas Community Development
Block Grant (hereinafter called “TxCDBG”) Program administered by the Texas Department
of Agriculture (TDA); and Whereas the City desires to engage Huitt-Zollars, Inc. to render
certain engineering/surveyor/architectural services in connection with the TxCDBG Project,
Contract Number CDV23-0230-2023 CDBG Riggins Street Reconstruction.
NOW THEREFORE, the parties do mutually agree as follows:
1. Scope of Services
The Firm will perform the services set out in Part II, Scope of Services.
2. Time of Performance - The services of the Firm shall commence on February 1, 2024
In any event, all of the services required and performed hereunder shall be completed
no later than January 31, 2026 .
3. Local Program Liaison - For purposes of this Agreement, the Assistant City Manager
or equivalent authorized person will serve as the Local Program Liaison and primary
point of contact for the Firm. All required progress reports and communication
regarding the project shall be directed to this liaison and other local personnel as
appropriate.
4. Access to Records - The U.S. Department of Housing and Urban Development (HUD),
Inspectors General, the Comptroller General of the United States, the Texas
Department of Agriculture (TDA), and the City, or any of their authorized
representatives, shall have access to any documents, papers, or other records of the
Firm which are pertinent to the TxCDBG award, in order to make audits, examinations,
excerpts, and transcripts, and to closeout the City’s TxCDBG contract with TDA.
5. Retention of Records - The Firm shall retain all required records for three years after
the City makes its final payment and all pending matters are closed.
6. Compensation and Method of Payment - The maximum amount of compensation to be
paid hereunder for application preparation shall not exceed $ 0.00. The maximum
amount of compensations and reimbursement to be paid hereunder for project
engineering services shall not exceed $ 75,000.00. Payment to the Firm shall be
based on satisfactory completion of identified milestones in Part III - Payment
Schedule of this Agreement.
7. Indemnification – The Firm shall comply with the requirements of all applicable laws,
rules and regulations, and shall exonerate, indemnify, and hold harmless the City and
its agency members from and against any and all claims, costs, suits, and damages,
including attorney’s fees, arising out of the Firm’s performance or nonperformance of
the activities, services or subject matter called for in this Agreement, and shall
assume full responsibility for payments of Federal, State and local taxes on
contributions imposed or required under the Social Security, worker's compensation
and income tax laws.
8. Miscellaneous Provisions
a. This Agreement shall be construed under and accord with the laws of the State of
Texas, and all obligations of the parties created hereunder are performable in
Collin County, Texas.
b. This Agreement shall be binding upon and insure to the benefit of the parties
hereto and their respective heirs, executors, administrators, legal representatives,
successors and assigns where permitted by this Agreement.
c. In any case one or more of the provisions contained in this Agreement shall for any
reason be held to be invalid, illegal or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect any other provision thereof and this
Agreement shall be construed as if such invalid, illegal, or unenforceable provision
had never been contained herein.
d. If any action at law or in equity is necessary to enforce or interpret the terms of this
Agreement, the prevailing party shall be entitled to reasonable attorney's fees,
costs, and necessary disbursements in addition to any other relief to which such
party may be entitled.
e. This Agreement may be amended by mutual agreement of the parties hereto and a
writing to be attached to and incorporated into this Agreement.
9. Extent of Agreement
This Agreement, which includes Parts I-V, [and if applicable, including the following
exhibits/attachments: represents the entire and integrated agreement between the City
and the Firm and supersedes all prior negotiations, representations or agreements,
either written or oral. This Agreement may be amended only by written instrument
signed by authorized representatives of both City and the Firm.
IN WITNESSETH WHEREOF, the parties have executed this Agreement by causing the
same to be signed on the day and year first above written.
BY: ______________________________
City of Anna
Ryan Henderson
City Manager
BY: ______________________________
Huitt-Zollars, Inc.
John Ho, P.E.
Vice President
PART II
SCOPE OF SERVICES
The Firm shall render the following professional services necessary for the development of
the project:
SCOPE OF SERVICES
PHASE 1 – Application Preparation (COMPLETED)
1. Complete application preparation attachments including, but not limited to:
a. Sealed Table 2
b. Budget/project justification
c. Required maps
PHASE 2 – Project Engineering
1. Attend preliminary conferences with the City regarding the requirements of the project.
2. Subcontract with a consultant to prepare a topographic design survey for the project.
3. Subcontract with a consultant to provide consultation and advice for obtaining six (6)
pavement cores. The FIRM will review the core samples and provide necessary
design recommendations.
4. Prepare two plan submittals to the City, preliminary plans (60%) in sufficient detail to
include preliminary plans/profiles, drainage culvert, and cost estimates for the project;
to be completed within 120 days of execution of this Agreement.
5. Furnish the City copies of the preliminary plans (additional copies will be furnished to
the City at direct cost of reproduction).
6. Upon City’s review, the Firm will proceed to prepare final plans (100%) with updated
cost estimates for final approval.
7. Furnish the City copies of the final plans (additional copies will be furnished to the City
at direct cost of reproduction).
8. Make periodic visits, no less than every 30 days during the construction period, to the
construction site to observe the progress and quality of the work, to ensure that the
work conforms with the approved plans and specifications, and to determine if the
work is proceeding in accordance with the Agreement. (Assume construction duration
of no more than three (3) months.
9. Furnish the City a written monthly status report at least seven (7) days prior to the
regularly scheduled council/commissioner’s court meeting until the project is closed by
TDA. The format for this report is attached to this Agreement as Exhibit 1.
10. Submit detailed drawings and plans/specifications to appropriate regulatory
agency(ies) and obtain clearance.
11. Prepare bid packet/contract documents/advertisement for bids. At the time the bid
packet is completed, the Firm shall also furnish to the City an updated written Estimate
of Probable Costs for the Project.
12. Make 10-day call to confirm prevailing wage decision.
13. Incorporate any and all wage rate modifications or supersedes via bid addendum (if
applicable).
14. Conduct bid opening and prepare minutes.
15. Tabulate, analyze, and review bids for completeness and accuracy.
16. Accomplish construction contractor’s eligibility verification through www.SAM.gov.
17. Conduct pre-construction conference and prepare copy of report/minutes.
18. Issue Notice to Proceed to construction contractor.
19. Provide in all proposed construction contracts deductive alternatives where feasible,
so that should the lowest responsive base bid for construction exceed the funds
available, deductive alternatives can be taken to reduce the bid price.
20. Design for access by persons with disabilities for those facilities to be used by the
public in accordance with Public Law 504.
21. Use TDA-approved forms for instructions to bidders, general conditions, contract, bid
bond, performance bond, and payment bond.
22. Consult with and advise the City during construction; issue to contractors all
instructions requested by the City; and prepare routine change orders if required, at no
charge for engineering services to the City when the change order is required to
correct errors or omissions by the Firm; provide price analysis for change orders;
process change orders approved by City and the Firm and submit to TDA for approval
prior to execution with the construction contractor.
23. Review shop and working drawings furnished by contractors for compliance with
design concept and with information given in contract documents (contractors will be
responsible for dimensions to be confirmed and correlated at job site).
24. Resolve all payment requests within 14 days of receipt of signed pay request from the
construction contractor.
25. Based on the Firm's on-site observations and review of the contractor's applications
for payment, determine the amount owed to the contractor in such amounts; such
approvals of payment to constitute a representation to the City, based on such
observations and review, that the work has progressed to the point indicated and that
the quality of work is in accordance with the plans, specifications and contract
documents.
26. Recommend that a 10% retainage is withheld from all payments on construction
contracts until final acceptance by the City and approval by TDA, unless State or local
law provides otherwise.
27. Prepare Certificate of Construction Completion and Clean Lien Certificate. A Clean
Lien Certificate may be prepared for each of the Prime Contractor(s) and each of the
subcontractor(s).
28. Conduct interim/final inspections.
29. Revise contract drawings to show the work as actually constructed, and furnish the
City with a set of "record drawings" plans.
29. The Firm will provide a copy of the final project record drawing(s) engineering
schematic(s), as constructed using funds under this contract. These maps shall be
provided in digital format containing the source map data (original vector data) and the
graphic data in files on machine readable media, such as compact disc (CD), which
are compatible with computer systems owned or readily available to the owner. The
digital copy provided shall not include a digital representation of the engineer’s seal
but the accompanying documentation from the Firm shall include a signed statement
of when the map was authorized, that the digital map is a true representation of the
original sealed document, and that a printed version with the seal has been provided
to the City. In addition, complete documentation as to the content and layout of the
data files and the name of the software package(s) used to generate the data and
maps shall be provided to the owner in written form.
SUBCONTRACTS
1. No work under this Agreement shall be subcontracted by the Firm without prior
approval, in writing, from the City.
2. The Firm shall, prior to proceeding with the work, notify the City in writing of the name
of any subcontractors proposed for the work, including the extent and character of the
work to be done by each.
3. If any time during progress of the work, the City determines that any subcontractor is
incompetent or undesirable, the City will notify the Firm who shall take reasonable and
immediate steps to satisfactorily cure the problem, substitute performance, or cancel
such subcontract. Subletting by subcontractors shall be subject to the same
regulations. Nothing contained in this Agreement shall create any contractual relation
between any subcontractor and the City.
4. The Firm will include in all contracts and subcontracts in excess of $150,000 a
provision which requires compliance with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act (42 U.S.C 7401-7671q) and the
Federal Water Pollution Control Act, as amended (33 U.S.C. 1251-1387). The
provisions shall require reporting of violations to TDA and to the Regional Office of the
Environmental Protection Agency (EPA).
5. The Firm will include in all contracts and subcontracts in excess of $150,000
provisions or conditions which will allow for administrative, contractual or legal
remedies in instances where contractors violate or breach contract terms, and provide
for such sanctions and penalties as may be appropriate.
6. The Firm will include in all contracts and subcontracts in excess of $10,000 provisions
addressing termination for cause and for convenience by the City including the manner
by which it will be affected and the basis for settlement.
7. The Firm will include in all contracts and subcontracts provisions requiring compliance
with the following, if applicable:
a. Prime construction contracts in excess of $2,000, compliance with the Davis-Bacon
Act, as amended (40 U.S.C.3141-3144, 3146-3148) as supplemented by Department
of Labor regulations (29 CFR part 5);
b. Prime construction contracts in excess of $2,000, compliance with the Copeland
“Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor
regulations (29 CFR part 3)
c. Contracts greater than $10,000, the inclusion of the Equal Opportunity clause
provided under 41 CFR 60-1.4(b) (Executive Order 11246);
d. Section 3 of the Housing and Urban Development Act of 1968;
e. Contracts exceeding $100,000, compliance with the Byrd Anti-Lobbying
Amendment (31 U.S.C. 1352);
f. For contracts in excess of $100,000 that involve the employment of mechanics or
laborers, compliance with the Contract Work Hours and Safety Standards Act (40
U.S.C. 3701–3708), including work week requirements and safety conditions for
workers, as supplemented by Department of Labor regulations (29 CFR Part 5);
g. For all contracts and subcontracts, compliance with domestic preference and Build
America, Buy America provisions (Executive Order 14005); and
8. The Firm will include in all negotiated contracts and subcontracts a provision which
indicates that funds will not be awarded under this contract to any party which is
debarred, suspended, or otherwise excluded from or ineligible for participation in
federal assistance programs under Executive Order 12549 and 2 CFR Part 2424. A
certification shall be provided and received from each proposed subcontractor under
this contract and its principals.
9. The Firm will include in all negotiated contracts and subcontracts a provision to the
effect that the City, TDA, the Texas Comptroller of Public Accounts, the Comptroller
General of the United States, the U.S. Department of Housing and Urban
Development (HUD), or any of their duly authorized representatives, shall have access
to any books, documents, papers and records of the contractor which are directly
pertinent to that specific contract, for the purpose of making audit, examination,
excerpts, and transcriptions.
10. The Firm will include in all contracts and subcontracts a requirement that the
contractor maintain all relevant project records for three (3) years after the City has
made final payment to the contractor and all other pending matters are closed.
STANDARD OF PERFORMANCE AND DEFICIENCIES
1. All services of the Firm and its independent professional associates, consultants and
subcontractors will be performed in a professional, reasonable and prudent manner in
accordance with generally accepted professional practice. The Firm represents that it
has the required skills and capacity to perform work and services to be provided under
this Agreement.
1. The Firm represents that services provided under this Agreement shall be performed
within the limits prescribed by the City in a manner consistent with that level of care
and skill ordinarily exercised by other professional consultants under similar
circumstances.
2. Any deficiency in Firm's work and services performed under this contract shall be
subject to the provisions of applicable state and federal law. Any deficiency discovered
shall be corrected upon notice from City and at the Firm's expense if the deficiency is
due to Firm's negligence. The City shall notify the Firm in writing of any such
deficiency and provide an opportunity for mutual investigation and resolution of the
problem prior to pursuit of any judicial remedy. In any case, this provision shall in no
way limit the judicial remedies available to the City under applicable state or federal
law.
3. The Firm agrees to and shall hold harmless the City, its officers, employees, and
agents from all claims and liability of whatsoever kind or character due to or arising
solely out of the negligent acts or omissions of the Firm, its officers, agents,
employees, subcontractors, and others acting for or under the direction of the Firm
doing the work herein contracted for or by or in consequence of any negligence in the
performance of this Agreement, or by or on account of any omission in the
performance of this Agreement.
PART III –
PAYMENT SCHEDULE
City shall reimburse the Firm for professional services provided upon completion of the
following project milestones per the following percentages of the lump sum contract amount of
$62,600:
Milestone
% of
Contract
Fee
● Application preparation
● Submit Preliminary Engineering Plans and Specifications to the City.
0%
40%
● Approval of Plans and Specifications by Regulatory Agency(ies). 30%
● Completion of bid advertisement and contract award. 10%
● Completion of final inspection, acceptance by the City and Final
Closeout Assessment and submittal of “As Builts” to City.
10%
● Completion of final inspection and acceptance by the City. 10%
Total 100%
SPECIAL SERVICES
The fee for all Special Services shall not exceed a total of twelve thousand four hundred
and No/100 Dollars ($ 12,400.00 ). The payment for these Special Services shall be
paid as a lump sum, per the following schedule:
1. The Firm shall be paid upon completion of surveying, necessary field data, the sum of
nine thousand four hundred and No/100 Dollars ($ 9,400.00).
2. The Firm shall be reimbursed the actual costs of necessary testing based on itemized
billing statements from the independent testing laboratory, plus a zero percent (0%)
overhead charge. All fees for testing shall not exceed a total of three thousand and
No/100 Dollars ($3,000.00).
3. The payment requests shall be prepared by the Firm and be accompanied by such
supporting data to substantiate the amounts requested.
4. Any work performed by the Firm prior to the execution of this Agreement is at the
Firm’s sole risk and expense.
PART IV
TERMS AND CONDITIONS
1. Termination of Agreement for Cause. If the Firm fails to fulfill in a timely and proper
manner its obligations under this Agreement, or if the Firm violates any of the
covenants, conditions, agreements, or stipulations of this Agreement, the City shall
have the right to terminate this Agreement by giving written notice to the Firm of such
termination and specifying the effective date thereof, which shall be at least five days
before the effective date of such termination. In the event of termination for cause, all
finished or unfinished documents, data, studies, surveys, drawings, maps, models,
photographs and reports prepared by the Firm pursuant to this Agreement shall, at the
option of the City, be turned over to the City and become the property of the City. In
the event of termination for cause, the Firm shall be entitled to receive reasonable
compensation for any necessary services actually and satisfactorily performed prior to
the date of termination.
Notwithstanding the above, the Firm shall not be relieved of liability to the City for
damages sustained by the City by virtue of any breach of the Agreement by the Firm,
and the City may set-off the damages it incurred as a result of the Firm’s breach of the
contract from any amounts it might otherwise owe the Firm.
2. Termination for Convenience of the City.
City may at any time and for any reason terminate Contractor’s services and work at
City's convenience upon providing written notice to the Contractor specifying the extent
of termination and the effective date. Upon receipt of such notice, Contractor shall,
unless the notice directs otherwise, immediately discontinue the work and placing of
orders for materials, facilities and supplies in connection with the performance of this
Agreement.
Upon such termination, Contractor shall be entitled to payment only as follows: (1) the
actual cost of the work completed in conformity with this Agreement; plus, (2) such other
costs actually incurred by Contractor as are permitted by the prime contract and approved
by City/County. There shall be deducted from such sums as provided in this subparagraph
the amount of any payments made to Contractor prior to the date of the termination of this
Agreement. Contractor shall not be entitled to any claim or claim of lien against
City/County for any additional compensation or damages in the event of such termination
and payment.
3. Changes. The City may, from time to time, request changes in the services the Firm
will perform under this Agreement. Such changes, including any increase or decrease
in the amount of the Firm's compensation, must be agreed to by all parties and
finalized through a signed, written amendment to this Agreement.
4. Resolution of Program Non-Compliance and Disallowed Costs. In the event of any
dispute, claim, question, or disagreement arising from or relating to this Agreement, or
the breach thereof, including determination of responsibility for any costs disallowed as
a result of non-compliance with federal, state or TxCDBG program requirements, the
parties hereto shall use their best efforts to settle the dispute, claim, question or
disagreement. To this effect, the parties shall consult and negotiate with each other in
good faith within 30 days of receipt of a written notice of the dispute or invitation to
negotiate, and attempt to reach a just and equitable solution satisfactory to both
parties. If the matter is not resolved by negotiation within 30 days of receipt of written
notice or invitation to negotiate, the parties agree first to try in good faith to settle the
matter by mediation administered by the American Arbitration Association under its
Commercial Mediation Procedures before resorting to arbitration, litigation, or some
other dispute resolution procedure. The parties may enter into a written amendment to
this Amendment and choose a mediator that is not affiliated with the American
Arbitration Association. The parties shall bear the costs of such mediation equally.
[This section may also provide for the qualifications of the mediator(s), the locale of
meetings, time limits, or any other item of concern to the parties.] If the matter is not
resolved through such mediation within 60 days of the initiation of that procedure,
either party may proceed to file suit.
5. Personnel.
a. The Firm represents that he/she/it has, or will secure at its own expense, all
personnel required in performing the services under this Agreement. Such
personnel shall not be employees of or have any contractual relationship with the
City.
b. All of the services required hereunder will be performed by the Firm or under its
supervision and all personnel engaged in the work shall be fully qualified and shall
be authorized or permitted under State and Local law to perform such services.
c. None of the work or services covered by this Agreement shall be subcontracted
without the prior written approval of the City. Any work or services subcontracted
hereunder shall be specified by written contract or agreement and shall be subject
to each provision of this Agreement.
6. Assignability. The Firm shall not assign any interest on this Agreement, and shall not
transfer any interest in the same (whether by assignment or novation), without the
prior written consent of the City thereto; Provided, however, that claims for money by
the Firm from the City under this Agreement may be assigned to a bank, trust
company, or other financial institution without such approval. Written notice of any
such assignment or transfer shall be furnished promptly to the City.
7. Reports and Information. The Firm, at such times and in such forms as the City may
require, shall furnish the City such periodic reports as it may request pertaining to the
work or services undertaken pursuant to this Agreement, the costs and obligations
incurred or to be incurred in connection therewith, and any other matters covered by
this Agreement.
8. Records and Audits. The Firm shall insure that the City maintains fiscal records and
supporting documentation for all expenditures of funds made under this contract in a
manner that conforms to 2 CFR 200.300-.309, 24 CFR 570.490, and this Agreement.
Such records must include data on the racial, ethnic, and gender characteristics of
persons who are applicants for, participants in, or beneficiaries of the funds provided
under this Agreement. The Firm and the City shall retain such records, and any
supporting documentation, for the greater of three years from closeout of the
Agreement or the period required by other applicable laws and regulations.
9. Findings Confidential. All of the reports, information, data, etc., prepared or assembled
by the Firm under this contract are confidential and the Firm agrees that they shall not
be made available to any individual or organization without the prior written approval of
the City.
10. Copyright. No report, maps, or other documents produced in whole or in part under
this Agreement shall be the subject of an application for copyright by or on behalf of
the Firm.
11. Compliance with Local Laws. The Firm shall comply with all applicable laws,
ordinances and codes of the State and local governments, and the Firm shall save the
City harmless with respect to any damages arising from any tort done in performing
any of the work embraced by this Agreement.
12. Conflicts of interest.
a. Governing Body. No member of the governing body of the City and no other officer,
employee, or agent of the City, who exercises any functions or responsibilities in
connection with administration, construction, engineering, or implementation of
TxCDBG award between TDA and the City, shall have any personal financial
interest, direct or indirect, in the Firm or this Agreement; and the Firm shall take
appropriate steps to assure compliance.
b. Other Local Public Officials. No other public official, who exercises any functions or
responsibilities in connection with the planning and carrying out of administration,
construction, engineering or implementation of the TxCDBG award between TDA
and the City, shall have any personal financial interest, direct or indirect, in the Firm
or this Agreement; and the Firm shall take appropriate steps to assure compliance.
a. The Firm and Employees. The Firm warrants and represents that it has no conflict
of interest associated with the TxCDBG award between TDA and the City or this
Agreement. The Firm further warrants and represents that it shall not acquire an
interest, direct or indirect, in any geographic area that may benefit from the
TxCDBG award between TDA and the City or in any business, entity, organization
or person that may benefit from the award. The Firm further agrees that it will not
employ an individual with a conflict of interest as described herein.
13. Debarment and Suspension (Executive Orders 12549 and 12689)
The Firm certifies, by entering into this Agreement, that neither it nor its principals are
presently debarred, suspended, or otherwise excluded from or ineligible for
participation in federally-assisted programs under Executive Orders 12549 (1986) and
12689 (1989). The term “principal” for purposes of this Agreement is defined as an
officer, director, owner, partner, key employee, or other person with primary
management or supervisory responsibilities, or a person who has a critical influence
on or substantive control over the operations of the Firm. The Firm understands that it
must not make any award or permit any award (or contract) at any tier to any party
which is debarred or suspended or is otherwise excluded from or ineligible for
participation in Federal assistance programs under Executive Order 12549,
“Debarment and Suspension.”
Federal Civil Rights Compliance.
14. Equal Opportunity Clause (applicable to federally assisted construction contracts and
subcontracts over $10,000).
During the performance of this contract, the Firm agrees as follows:
a. The Firm will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national
origin. The Firm will take affirmative action to ensure that applicants are employed,
and that employees are treated during employment without regard to their race,
color, religion, sex, sexual orientation, gender identity, or national origin. Such
action shall include, but not be limited to the following: Employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff or termination;
rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The Firm agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided setting forth the
provisions of this nondiscrimination clause.
b. The Firm will, in all solicitations or advertisements for employees placed by or on
behalf of the Firm, state that all qualified applicants will receive considerations for
employment without regard to race, color, religion, sex, sexual orientation, gender
identity, or national origin.
c. The Firm will not discourage or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has
inquired about, discussed, or disclosed the compensation of the employee or
applicant or another employee or applicant. This provision shall not apply to
instances in which an employee who has access to the compensation information of
other employees or applicants as a part of such employee’s essential job functions
discloses the compensation of such other employees or applicants to individuals
who do not otherwise have access to such information, unless such disclosure is in
response to a formal complaint or charge, in furtherance of an investigation,
proceeding, hearing, or action, including an investigation conducted by the
employer, or is consistent with the contractor’s legal duty to furnish information.
d. The Firm will send to each labor union or representative of workers with which he
has a collective bargaining agreement or other contract or understanding, a notice
to be provided advising the said labor union or workers' representatives of the
Firm's commitments under this section, and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
e. The Firm will comply with all provisions of Executive Order 11246 of September 24,
1965, “Equal Employment Opportunity,” and of the rules, regulations, and relevant
orders of the Secretary of Labor.
f. The Firm will furnish all information and reports required by Executive Order 11246
of September 24, 1965, and by rules, regulations, and orders of the Secretary of
Labor, or pursuant thereto, and will permit access to his books, records, and
accounts by the administering agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and orders.
g. In the event of the Firm's noncompliance with the nondiscrimination clauses of this
contract or with any of the said rules, regulations, or orders, this contract may be
canceled, terminated, or suspended in whole or in part and the Firm may be
declared ineligible for further Government contracts or federally assisted
construction contracts in accordance with procedures authorized in Executive Order
11246 of September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24, 1965, or
by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by
law.
h. The Firm will include the portion of the sentence immediately preceding paragraph
(a) and the provisions of paragraphs (a) through (h) in every subcontract or
purchase order unless exempted by rules, regulations, or orders of the Secretary of
Labor issued pursuant to section 204 of Executive Order 11246 of September 24,
1965, so that such provisions will be binding upon each subcontractor or vendor.
The Firm will take such action with respect to any subcontract or purchase order as
the administering agency may direct as a means of enforcing such provisions,
including sanctions for noncompliance: Provided, however, That in the event a Firm
becomes involved in, or is threatened with, litigation with a subcontractor or vendor
as a result of such direction by the administering agency the Firm may request the
United States to enter into such litigation to protect the interests of the United
States.
15. Civil Rights Act of 1964. Under Title VI of the Civil Rights Act of 1964, no person shall,
on the grounds of race, color, religion, sex, or national origin, be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under any
program or activity receiving Federal financial assistance.
16. Section 109 of the Housing and Community Development Act of 1974. The Firm shall
comply with the provisions of Section 109 of the Housing and Community
Development Act of 1974. No person in the United States shall on the ground of race,
color, national origin, religion, or sex be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any program or activity funded in
whole or in part with funds made available under this title.
17. Section 504 of the Rehabilitation Act of 1973, as amended. The Firm agrees that no
otherwise qualified individual with disabilities shall, solely by reason of his/her
disability, be denied the benefits of, or be subjected to discrimination, including
discrimination in employment, under any program or activity receiving federal financial
assistance.
18. Age Discrimination Act of 1975. The Firm shall comply with the Age Discrimination Act
of 1975 which provides that no person in the United States shall on the basis of age be
excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving federal financial assistance.
19. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) (if contract greater than or equal to
$100,000)
The Firm certifies that it will not and has not used Federal appropriated funds to pay
any person or organization for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, officer or employee of Congress, or
an employee of a member of Congress in connection with obtaining this contract. The
Firm shall disclose any lobbying with non-Federal funds that takes place in connection
with obtaining any Federal award.
20. Economic Opportunities for Section 3 Residents and Section 3 Business Concerns.
a. The work to be performed under this contract is subject to the requirements of
section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C.
1701u (section 3). The purpose of section 3 is to ensure that employment and other
economic opportunities generated by HUD assistance or HUD-assisted projects
covered by section 3, shall, to the greatest extent feasible, be directed to low- and very
low-income persons, particularly persons who are recipients of HUD assistance for
housing.
b. The parties to this Agreement agree to comply with HUD's regulations in 24 CFR
part 135, which implement section 3. As evidenced by their execution of this contract,
the parties to this Agreement certify that they are under no contractual or other
impediment that would prevent them from complying with the part 135 regulations.
c. The Firm agrees to send to each labor organization or representative of workers
with which the Firm has a collective bargaining agreement or other understanding, if
any, a notice advising the labor organization or workers' representative of the Firm's
commitments under this section 3 clause, and will post copies of the notice in
conspicuous places at the work site where both employees and applicants for training
and employment positions can see the notice. The notice shall describe the section 3
preference, shall set forth minimum number and job titles subject to hire, availability of
apprenticeship and training positions, the qualifications for each; and the name and
location of the person(s) taking applications for each of the positions; and the
anticipated date the work shall begin.
d. The Firm agrees to include this section 3 clause in every subcontract subject to
compliance with regulations in 24 CFR part 135, and agrees to take appropriate
action, as provided in an applicable provision of the subcontract or in this section 3
clause, upon a finding that the subcontractor is in violation of the regulations in 24
CFR part 135. The Firm will not subcontract with any subcontractor where the Firm
has notice or knowledge that the subcontractor has been found in violation of the
regulations in 24 CFR part 135.
e. The Firm will certify that any vacant employment positions, including training
positions, that are filled (1) after the Firm is selected but before the contract is
executed, and (2) with persons other than those to whom the regulations of 24 CFR
part 135 require employment opportunities to be directed, were not filled to circumvent
the Firm's obligations under 24 CFR part 135.
f. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions,
termination of this Agreement for default, and debarment or suspension from future
HUD assisted contracts.
g. With respect to work performed in connection with section 3 covered Indian housing
assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450e) also applies to the work to be performed under this Agreement.
Section 7(b) requires that to the greatest extent feasible (i) preference and
opportunities for training and employment shall be given to Indians, and (ii) preference
in the award of contracts and subcontracts shall be given to Indian organizations and
Indian-owned Economic Enterprises. Parties to this contract that are subject to the
provisions of section 3 and section 7(b) agree to comply with section 3 to the
maximum extent feasible, but not in derogation of compliance with section 7(b).
PART V
PROJECT TIME SCHEDULE
ENGINEERING/ARCHITECTURAL/SURVEYOR
PROFESSIONAL SERVICES
Survey/Pavement Core by May 15, 2024
Submit 60% plans by June 30, 2024
Submit 100% plans by July 31, 2024
City Approval by August 31, 2024
Bid Tab and Recommendation by October 31, 2024
City Awards Contract by December 1, 2024
Construction Complete by March 1, 2025
Exhibit 1.
MONTHLY STATUS REPORT
Grant Recipient: _____________________ Date Submitted: ________________
Grant No.: Reporting Period:
Project Status:
Date of Last Inspection:
Name of Inspector:
Inspection Description:
Projected Date of Construction Completion:
Amount of Last Pay Request:
Date of Last Pay Request:
Status of Last Pay Request:
List of Subcontractors Onsite
Name
Date
Cleared by Grant Administrator
*This report may be e-mailed or faxed to the Grant Recipient
Item No. 7.f.
City Council Agenda
Staff Report
Meeting Date: 2/27/2024
Staff Contact: Wes Lawson
AGENDA ITEM:
Consider/Discuss/Action a Resolution of the City of Anna, Texas, authorizing the City
Manager to execute a contract with Huitt-Zollars, Inc. to render Engineering, Surveyor,
and Architectural Services in connection with TxCDBG Project, Contract Number
CDM23-0231-2023 Downtown Revitalization Grant 4th Street sidewalks (City Engineer,
Wes Lawson).
SUMMARY:
The City of Anna desires to construct approximately 500 linear feet of sidewalks and
streetlights on both north and south sides of 4th Street, from Highway 5 to S. Riggins
Street under the general direction of the Texas Community Development Block Grant
(hereinafter called “TxCDBG”) Program administered by the Texas Department of
Agriculture (TDA).
The City has selected Huitt-Zollars, Inc. to provide the required
engineering/surveyor/architectural services in connection with the TxCDBG Project,
Contract Number CDM23-0231-2023 Downtown Revitalization Grant 4th Street
sidewalks. Huitt Zollars was pre-selected for roadway design in the City's
multidisciplinary RFQ process.
FINANCIAL IMPACT:
Funding for this project was appropriated in the FY2024 Anna EDC/CDC Department
budget in the amount of $75,000. The City is receiving an 85/15 match from the
Downtown Revitalization Grant in the amount of $500,000.
BACKGROUND:
In 2023 the City of Anna EDC/CDC contracted with Public Management to assist the
City in the application for grants for infrastructure improvements in the downtown area.
The City was successful in receiving approval for two grants, including this Downtown
Revitalization Grant for pedestrian/sidewalk/ADA ramp/lighting improvements to 4th
Street between SH5 and Riggins Street.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Resilient.
ATTACHMENTS:
1. Exhibit A - Project Location Map
2. Resolution - Huitt Zollars - 4th Street
3. Engineering Agreement 4 th Street (2-14-2024)
S. POWELL PARKWAYN. RIGGINS ST. S. INTERURBAN ST. S. RIGGINS ST. N. POWELL PARKWAYW. 4TH STREET N. INTERURBAN ST. OCTOBER 2023
SIDEWALK IMPROVEMENT
CITY OF ANNA
PROJECT NO:EXHIBIT
00 200'
Scale: 1" = 200'
BENEFIT AREA
PAVEMENT REMOVAL/ REPLACEMENT
CONCRETE CURBS
PROPOSED SIDEWALK
PROPOSED CROSSWALK
PROPOSED RAMP
LEGEND
5430 LBJ Freeway, Suite 1500, Dallas, Texas 75240-2675
Figure A1
additive alternate locations
included for environmental review
CITY OF ANNA, TEXAS
RESOLUTION NO. _______________
A RESOLUTION OF THE CITY OF ANNA, TEXAS, AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT FOR PROFESSIONAL SERVICES WITH
HUITT-ZOLLARS, INC. FOR THE ENGINEERING DESIGN RELATED TO THE TEXAS
COMMUNITY BLOCK GRANT (TxCDBG) 4TH STREET SIDEWALKS AND STREET
LIGHTING PROJECT, IN A FORM APPROVED BY THE CITY ATTORNEY PER THE
PROPOSAL SHOWN IN EXHIBIT “A” ATTACHED HERETO, AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the sidewalks within the project area are in need of replacement due to age
and condition of the concrete and not meeting ADA accessibility regulations; and,
WHEREAS, there are funds available for this project from a Texas Community Block
Grand (TxCDBG) awarded to the City of Anna by the Texas Department of Agriculture
(TDA); and,
WHEREAS, the sidewalks and streetlights will also support the growth and development
of the downtown region of the City of Anna; and,
WHEREAS, Huitt Zollars, Inc. was selected as part of the multi-discipline RFQ to provide
engineering services for roadway design; and,
WHERAS, Huitt Zollars, Inc. has provided the City of Anna with a proposal for engineering
design of the proposed improvements; and,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1.Recitals Incorporated
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2.Authorization of Payment and Funding.
That the City Council of the City of Anna hereby authorizes the City Manager to execute
a contract in an amount not to exceed $79,500 with Huitt Zollars, Inc. for the engineering
and design of the Riggins Road Reconstruction Project.
That funding for the project shall come from the Texas Community Block Grant and
shall not exceed $79,500.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this ___
day of February 2024.
ATTEST: APPROVED:
__________________________ __________________________
City Secretary, Carrie Land Mayor, Nate Pike
Exhibit A – Proposal
(see following page)
ENGINEERING/ARCHITECTURAL/SURVEYOR SERVICES
PART I
AGREEMENT
THIS AGREEMENT, entered into this _____ day of ________ 2024, by and between
the CITY OF ANNA, hereinafter called the "City", acting herein by City Manager, hereunto
duly authorized, and HUITT-ZOLLARS, INC., hereinafter called "Firm,” acting herein by John
Ho, P.E., Vice President.
WITNESSETH THAT:
WHEREAS, the City of Anna desires to construct approximately 500 linear of feet of
sidewalks and street lights on both north and south sides of 4th Street, from Highway 5 to S.
Riggins Street under the general direction of the Texas Community Development Block Grant
(hereinafter called “TxCDBG”) Program administered by the Texas Department of Agriculture
(TDA); and Whereas the City desires to engage Huitt-Zollars, Inc. to render certain
engineering/surveyor/architectural services in connection with the TxCDBG TxCDBG
Project, Contract Number CDM23-0231-2023 Downtown Revitalization Grant 4th Street
sidewalks.
NOW THEREFORE, the parties do mutually agree as follows:
1. Scope of Services
The Firm will perform the services set out in Part II, Scope of Services.
2. Time of Performance - The services of the Firm shall commence on February 1, 2024
In any event, all of the services required and performed hereunder shall be completed
no later than January 31, 2026 .
3. Local Program Liaison - For purposes of this Agreement, the Assistant City Manager
or equivalent authorized person will serve as the Local Program Liaison and primary
point of contact for the Firm. All required progress reports and communication
regarding the project shall be directed to this liaison and other local personnel as
appropriate.
4. Access to Records - The U.S. Department of Housing and Urban Development (HUD),
Inspectors General, the Comptroller General of the United States, the Texas
Department of Agriculture (TDA), and the City, or any of their authorized
representatives, shall have access to any documents, papers, or other records of the
Firm which are pertinent to the TxCDBG award, in order to make audits, examinations,
excerpts, and transcripts, and to closeout the City’s TxCDBG contract with TDA.
5. Retention of Records - The Firm shall retain all required records for three years after
the City makes its final payment and all pending matters are closed.
6. Compensation and Method of Payment - The maximum amount of compensation to be
paid hereunder for application preparation shall not exceed $ 0.00. The maximum
amount of compensations and reimbursement to be paid hereunder for project
engineering services shall not exceed $ 79,500.00. Payment to the Firm shall be
based on satisfactory completion of identified milestones in Part III - Payment
Schedule of this Agreement.
7. Indemnification – The Firm shall comply with the requirements of all applicable laws,
rules and regulations, and shall exonerate, indemnify, and hold harmless the City and
its agency members from and against any and all claims, costs, suits, and damages,
including attorney’s fees, arising out of the Firm’s performance or nonperformance of
the activities, services or subject matter called for in this Agreement, and shall
assume full responsibility for payments of Federal, State and local taxes on
contributions imposed or required under the Social Security, worker's compensation
and income tax laws.
8. Miscellaneous Provisions
a. This Agreement shall be construed under and accord with the laws of the State of
Texas, and all obligations of the parties created hereunder are performable in
Collin County, Texas.
b. This Agreement shall be binding upon and insure to the benefit of the parties
hereto and their respective heirs, executors, administrators, legal representatives,
successors and assigns where permitted by this Agreement.
c. In any case one or more of the provisions contained in this Agreement shall for any
reason be held to be invalid, illegal or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect any other provision thereof and this
Agreement shall be construed as if such invalid, illegal, or unenforceable provision
had never been contained herein.
d. If any action at law or in equity is necessary to enforce or interpret the terms of this
Agreement, the prevailing party shall be entitled to reasonable attorney's fees,
costs, and necessary disbursements in addition to any other relief to which such
party may be entitled.
e. This Agreement may be amended by mutual agreement of the parties hereto and a
writing to be attached to and incorporated into this Agreement.
9. Extent of Agreement
This Agreement, which includes Parts I-V, [and if applicable, including the following
exhibits/attachments: represents the entire and integrated agreement between the City
and the Firm and supersedes all prior negotiations, representations or agreements,
either written or oral. This Agreement may be amended only by written instrument
signed by authorized representatives of both City and the Firm.
IN WITNESSETH WHEREOF, the parties have executed this Agreement by causing the
same to be signed on the day and year first above written.
BY: ______________________________
City of Anna
Ryan Henderson
City Manager
BY: ______________________________
Huitt-Zollars, Inc.
John Ho, P.E.
Vice President
PART II
SCOPE OF SERVICES
The Firm shall render the following professional services necessary for the development of
the project:
SCOPE OF SERVICES
PHASE 1 – Application Preparation (COMPLETED)
1. Complete application preparation attachments including, but not limited to:
a. Sealed Table 2
b. Budget/project justification
c. Required maps
PHASE 2 – Project Engineering
1. Attend preliminary conferences with the City regarding the requirements of the project.
2. Subcontract with a consultant to prepare a topographic design survey for the project.
3. Prepare two plan submittals to the City, preliminary plans (60%) in sufficient detail to
include preliminary plans/profiles, drainage culvert, and cost estimates for the project;
to be completed within 120 days of execution of this Agreement.
4. Furnish the City copies of the preliminary plans (additional copies will be furnished to
the City at direct cost of reproduction).
5. Upon City’s review, the Firm will proceed to prepare final plans (100%) with updated
cost estimates for final approval.
6. Furnish the City copies of the final plans (additional copies will be furnished to the City
at direct cost of reproduction).
7. Make periodic visits, no less than every 30 days during the construction period, to the
construction site to observe the progress and quality of the work, to ensure that the
work conforms with the approved plans and specifications, and to determine if the
work is proceeding in accordance with the Agreement. (Assume construction duration
of no more than three (3) months.
8. Furnish the City a written monthly status report at least seven (7) days prior to the
regularly scheduled council/commissioner’s court meeting until the project is closed by
TDA. The format for this report is attached to this Agreement as Exhibit 1.
9. Submit detailed drawings and plans/specifications to appropriate regulatory
agency(ies) and obtain clearance.
10. Prepare bid packet/contract documents/advertisement for bids. At the time the bid
packet is completed, the Firm shall also furnish to the City an updated written Estimate
of Probable Costs for the Project.
11. Make 10-day call to confirm prevailing wage decision.
12. Incorporate any and all wage rate modifications or supersedes via bid addendum (if
applicable).
13. Conduct bid opening and prepare minutes.
14. Tabulate, analyze, and review bids for completeness and accuracy.
15. Accomplish construction contractor’s eligibility verification through www.SAM.gov.
16. Conduct pre-construction conference and prepare copy of report/minutes.
17. Issue Notice to Proceed to construction contractor.
18. Provide in all proposed construction contracts deductive alternatives where feasible,
so that should the lowest responsive base bid for construction exceed the funds
available, deductive alternatives can be taken to reduce the bid price.
19. Design for access by persons with disabilities for those facilities to be used by the
public in accordance with Public Law 504.
20. Use TDA-approved forms for instructions to bidders, general conditions, contract, bid
bond, performance bond, and payment bond.
21. Consult with and advise the City during construction; issue to contractors all
instructions requested by the City; and prepare routine change orders if required, at no
charge for engineering services to the City when the change order is required to
correct errors or omissions by the Firm; provide price analysis for change orders;
process change orders approved by City and the Firm and submit to TDA for approval
prior to execution with the construction contractor.
22. Review shop and working drawings furnished by contractors for compliance with
design concept and with information given in contract documents (contractors will be
responsible for dimensions to be confirmed and correlated at job site).
23. Resolve all payment requests within 14 days of receipt of signed pay request from the
construction contractor.
24. Based on the Firm's on-site observations and review of the contractor's applications
for payment, determine the amount owed to the contractor in such amounts; such
approvals of payment to constitute a representation to the City, based on such
observations and review, that the work has progressed to the point indicated and that
the quality of work is in accordance with the plans, specifications and contract
documents.
25. Recommend that a 10% retainage is withheld from all payments on construction
contracts until final acceptance by the City and approval by TDA, unless State or local
law provides otherwise.
26. Prepare Certificate of Construction Completion and Clean Lien Certificate. A Clean
Lien Certificate may be prepared for each of the Prime Contractor(s) and each of the
subcontractor(s).
27. Conduct interim/final inspections.
28. Revise contract drawings to show the work as actually constructed, and furnish the
City with a set of "record drawings" plans.
29. The Firm will provide a copy of the final project record drawing(s) engineering
schematic(s), as constructed using funds under this contract. These maps shall be
provided in digital format containing the source map data (original vector data) and the
graphic data in files on machine readable media, such as compact disc (CD), which
are compatible with computer systems owned or readily available to the owner. The
digital copy provided shall not include a digital representation of the engineer’s seal
but the accompanying documentation from the Firm shall include a signed statement
of when the map was authorized, that the digital map is a true representation of the
original sealed document, and that a printed version with the seal has been provided
to the City. In addition, complete documentation as to the content and layout of the
data files and the name of the software package(s) used to generate the data and
maps shall be provided to the owner in written form.
SUBCONTRACTS
1. No work under this Agreement shall be subcontracted by the Firm without prior
approval, in writing, from the City.
2. The Firm shall, prior to proceeding with the work, notify the City in writing of the name
of any subcontractors proposed for the work, including the extent and character of the
work to be done by each.
3. If any time during progress of the work, the City determines that any subcontractor is
incompetent or undesirable, the City will notify the Firm who shall take reasonable and
immediate steps to satisfactorily cure the problem, substitute performance, or cancel
such subcontract. Subletting by subcontractors shall be subject to the same
regulations. Nothing contained in this Agreement shall create any contractual relation
between any subcontractor and the City.
4. The Firm will include in all contracts and subcontracts in excess of $150,000 a
provision which requires compliance with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act (42 U.S.C 7401-7671q) and the
Federal Water Pollution Control Act, as amended (33 U.S.C. 1251-1387). The
provisions shall require reporting of violations to TDA and to the Regional Office of the
Environmental Protection Agency (EPA).
5. The Firm will include in all contracts and subcontracts in excess of $150,000
provisions or conditions which will allow for administrative, contractual or legal
remedies in instances where contractors violate or breach contract terms, and provide
for such sanctions and penalties as may be appropriate.
6. The Firm will include in all contracts and subcontracts in excess of $10,000 provisions
addressing termination for cause and for convenience by the City including the manner
by which it will be affected and the basis for settlement.
7. The Firm will include in all contracts and subcontracts provisions requiring compliance
with the following, if applicable:
a. Prime construction contracts in excess of $2,000, compliance with the Davis-Bacon
Act, as amended (40 U.S.C.3141-3144, 3146-3148) as supplemented by Department
of Labor regulations (29 CFR part 5);
b. Prime construction contracts in excess of $2,000, compliance with the Copeland
“Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor
regulations (29 CFR part 3)
c. Contracts greater than $10,000, the inclusion of the Equal Opportunity clause
provided under 41 CFR 60-1.4(b) (Executive Order 11246);
d. Section 3 of the Housing and Urban Development Act of 1968;
e. Contracts exceeding $100,000, compliance with the Byrd Anti-Lobbying
Amendment (31 U.S.C. 1352);
f. For contracts in excess of $100,000 that involve the employment of mechanics or
laborers, compliance with the Contract Work Hours and Safety Standards Act (40
U.S.C. 3701–3708), including work week requirements and safety conditions for
workers, as supplemented by Department of Labor regulations (29 CFR Part 5);
g. For all contracts and subcontracts, compliance with domestic preference and Build
America, Buy America provisions (Executive Order 14005); and
8. The Firm will include in all negotiated contracts and subcontracts a provision which
indicates that funds will not be awarded under this contract to any party which is
debarred, suspended, or otherwise excluded from or ineligible for participation in
federal assistance programs under Executive Order 12549 and 2 CFR Part 2424. A
certification shall be provided and received from each proposed subcontractor under
this contract and its principals.
9. The Firm will include in all negotiated contracts and subcontracts a provision to the
effect that the City, TDA, the Texas Comptroller of Public Accounts, the Comptroller
General of the United States, the U.S. Department of Housing and Urban
Development (HUD), or any of their duly authorized representatives, shall have access
to any books, documents, papers and records of the contractor which are directly
pertinent to that specific contract, for the purpose of making audit, examination,
excerpts, and transcriptions.
10. The Firm will include in all contracts and subcontracts a requirement that the
contractor maintain all relevant project records for three (3) years after the City has
made final payment to the contractor and all other pending matters are closed.
STANDARD OF PERFORMANCE AND DEFICIENCIES
1. All services of the Firm and its independent professional associates, consultants and
subcontractors will be performed in a professional, reasonable and prudent manner in
accordance with generally accepted professional practice. The Firm represents that it
has the required skills and capacity to perform work and services to be provided under
this Agreement.
1. The Firm represents that services provided under this Agreement shall be performed
within the limits prescribed by the City in a manner consistent with that level of care
and skill ordinarily exercised by other professional consultants under similar
circumstances.
2. Any deficiency in Firm's work and services performed under this contract shall be
subject to the provisions of applicable state and federal law. Any deficiency discovered
shall be corrected upon notice from City and at the Firm's expense if the deficiency is
due to Firm's negligence. The City shall notify the Firm in writing of any such
deficiency and provide an opportunity for mutual investigation and resolution of the
problem prior to pursuit of any judicial remedy. In any case, this provision shall in no
way limit the judicial remedies available to the City under applicable state or federal
law.
3. The Firm agrees to and shall hold harmless the City, its officers, employees, and
agents from all claims and liability of whatsoever kind or character due to or arising
solely out of the negligent acts or omissions of the Firm, its officers, agents,
employees, subcontractors, and others acting for or under the direction of the Firm
doing the work herein contracted for or by or in consequence of any negligence in the
performance of this Agreement, or by or on account of any omission in the
performance of this Agreement.
PART III –
PAYMENT SCHEDULE
City shall reimburse the Firm for professional services provided upon completion of the
following project milestones per the following percentages of the lump sum contract amount of
$68,200:
Milestone
% of
Contract
Fee
● Application preparation
● Submit Preliminary Engineering Plans and Specifications to the City.
0%
40%
● Approval of Plans and Specifications by Regulatory Agency(ies). 30%
● Completion of bid advertisement and contract award. 10%
● Completion of final inspection, acceptance by the City and Final
Closeout Assessment and submittal of “As Builts” to City.
10%
● Completion of final inspection and acceptance by the City. 10%
Total 100%
SPECIAL SERVICES
The fee for all Special Services shall not exceed a total of eleven thousand three
hundred and No/100 Dollars ($ 11,300.00). The payment for these Special Services
shall be paid as a lump sum, per the following schedule:1.The Firm shall be paid upon
completion of surveying, necessary field data, the sum of six thousand eight hundred
and No/100 Dollars ($ 6,800.00).
2. The Firm shall be paid for TAS/TDLR review in the amount not to exceed $4,500.
3. The payment requests shall be prepared by the Firm and be accompanied by such
supporting data to substantiate the amounts requested.
4. Any work performed by the Firm prior to the execution of this Agreement is at the
Firm’s sole risk and expense.
PART IV
TERMS AND CONDITIONS
1. Termination of Agreement for Cause. If the Firm fails to fulfill in a timely and proper
manner its obligations under this Agreement, or if the Firm violates any of the
covenants, conditions, agreements, or stipulations of this Agreement, the City shall
have the right to terminate this Agreement by giving written notice to the Firm of such
termination and specifying the effective date thereof, which shall be at least five days
before the effective date of such termination. In the event of termination for cause, all
finished or unfinished documents, data, studies, surveys, drawings, maps, models,
photographs and reports prepared by the Firm pursuant to this Agreement shall, at the
option of the City, be turned over to the City and become the property of the City. In
the event of termination for cause, the Firm shall be entitled to receive reasonable
compensation for any necessary services actually and satisfactorily performed prior to
the date of termination.
Notwithstanding the above, the Firm shall not be relieved of liability to the City for
damages sustained by the City by virtue of any breach of the Agreement by the Firm,
and the City may set-off the damages it incurred as a result of the Firm’s breach of the
contract from any amounts it might otherwise owe the Firm.
2. Termination for Convenience of the City.
City may at any time and for any reason terminate Contractor’s services and work at
City's convenience upon providing written notice to the Contractor specifying the extent
of termination and the effective date. Upon receipt of such notice, Contractor shall,
unless the notice directs otherwise, immediately discontinue the work and placing of
orders for materials, facilities and supplies in connection with the performance of this
Agreement.
Upon such termination, Contractor shall be entitled to payment only as follows: (1) the
actual cost of the work completed in conformity with this Agreement; plus, (2) such other
costs actually incurred by Contractor as are permitted by the prime contract and approved
by City/County. There shall be deducted from such sums as provided in this subparagraph
the amount of any payments made to Contractor prior to the date of the termination of this
Agreement. Contractor shall not be entitled to any claim or claim of lien against
City/County for any additional compensation or damages in the event of such termination
and payment.
3. Changes. The City may, from time to time, request changes in the services the Firm
will perform under this Agreement. Such changes, including any increase or decrease
in the amount of the Firm's compensation, must be agreed to by all parties and
finalized through a signed, written amendment to this Agreement.
4. Resolution of Program Non-Compliance and Disallowed Costs. In the event of any
dispute, claim, question, or disagreement arising from or relating to this Agreement, or
the breach thereof, including determination of responsibility for any costs disallowed as
a result of non-compliance with federal, state or TxCDBG program requirements, the
parties hereto shall use their best efforts to settle the dispute, claim, question or
disagreement. To this effect, the parties shall consult and negotiate with each other in
good faith within 30 days of receipt of a written notice of the dispute or invitation to
negotiate, and attempt to reach a just and equitable solution satisfactory to both
parties. If the matter is not resolved by negotiation within 30 days of receipt of written
notice or invitation to negotiate, the parties agree first to try in good faith to settle the
matter by mediation administered by the American Arbitration Association under its
Commercial Mediation Procedures before resorting to arbitration, litigation, or some
other dispute resolution procedure. The parties may enter into a written amendment to
this Amendment and choose a mediator that is not affiliated with the American
Arbitration Association. The parties shall bear the costs of such mediation equally.
[This section may also provide for the qualifications of the mediator(s), the locale of
meetings, time limits, or any other item of concern to the parties.] If the matter is not
resolved through such mediation within 60 days of the initiation of that procedure,
either party may proceed to file suit.
5. Personnel.
a. The Firm represents that he/she/it has, or will secure at its own expense, all
personnel required in performing the services under this Agreement. Such
personnel shall not be employees of or have any contractual relationship with the
City.
b. All of the services required hereunder will be performed by the Firm or under its
supervision and all personnel engaged in the work shall be fully qualified and shall
be authorized or permitted under State and Local law to perform such services.
c. None of the work or services covered by this Agreement shall be subcontracted
without the prior written approval of the City. Any work or services subcontracted
hereunder shall be specified by written contract or agreement and shall be subject
to each provision of this Agreement.
6. Assignability. The Firm shall not assign any interest on this Agreement, and shall not
transfer any interest in the same (whether by assignment or novation), without the
prior written consent of the City thereto; Provided, however, that claims for money by
the Firm from the City under this Agreement may be assigned to a bank, trust
company, or other financial institution without such approval. Written notice of any
such assignment or transfer shall be furnished promptly to the City.
7. Reports and Information. The Firm, at such times and in such forms as the City may
require, shall furnish the City such periodic reports as it may request pertaining to the
work or services undertaken pursuant to this Agreement, the costs and obligations
incurred or to be incurred in connection therewith, and any other matters covered by
this Agreement.
8. Records and Audits. The Firm shall insure that the City maintains fiscal records and
supporting documentation for all expenditures of funds made under this contract in a
manner that conforms to 2 CFR 200.300-.309, 24 CFR 570.490, and this Agreement.
Such records must include data on the racial, ethnic, and gender characteristics of
persons who are applicants for, participants in, or beneficiaries of the funds provided
under this Agreement. The Firm and the City shall retain such records, and any
supporting documentation, for the greater of three years from closeout of the
Agreement or the period required by other applicable laws and regulations.
9. Findings Confidential. All of the reports, information, data, etc., prepared or assembled
by the Firm under this contract are confidential and the Firm agrees that they shall not
be made available to any individual or organization without the prior written approval of
the City.
10. Copyright. No report, maps, or other documents produced in whole or in part under
this Agreement shall be the subject of an application for copyright by or on behalf of
the Firm.
11. Compliance with Local Laws. The Firm shall comply with all applicable laws,
ordinances and codes of the State and local governments, and the Firm shall save the
City harmless with respect to any damages arising from any tort done in performing
any of the work embraced by this Agreement.
12. Conflicts of interest.
a. Governing Body. No member of the governing body of the City and no other officer,
employee, or agent of the City, who exercises any functions or responsibilities in
connection with administration, construction, engineering, or implementation of
TxCDBG award between TDA and the City, shall have any personal financial
interest, direct or indirect, in the Firm or this Agreement; and the Firm shall take
appropriate steps to assure compliance.
b. Other Local Public Officials. No other public official, who exercises any functions or
responsibilities in connection with the planning and carrying out of administration,
construction, engineering or implementation of the TxCDBG award between TDA
and the City, shall have any personal financial interest, direct or indirect, in the Firm
or this Agreement; and the Firm shall take appropriate steps to assure compliance.
a. The Firm and Employees. The Firm warrants and represents that it has no conflict
of interest associated with the TxCDBG award between TDA and the City or this
Agreement. The Firm further warrants and represents that it shall not acquire an
interest, direct or indirect, in any geographic area that may benefit from the
TxCDBG award between TDA and the City or in any business, entity, organization
or person that may benefit from the award. The Firm further agrees that it will not
employ an individual with a conflict of interest as described herein.
13. Debarment and Suspension (Executive Orders 12549 and 12689)
The Firm certifies, by entering into this Agreement, that neither it nor its principals are
presently debarred, suspended, or otherwise excluded from or ineligible for
participation in federally-assisted programs under Executive Orders 12549 (1986) and
12689 (1989). The term “principal” for purposes of this Agreement is defined as an
officer, director, owner, partner, key employee, or other person with primary
management or supervisory responsibilities, or a person who has a critical influence
on or substantive control over the operations of the Firm. The Firm understands that it
must not make any award or permit any award (or contract) at any tier to any party
which is debarred or suspended or is otherwise excluded from or ineligible for
participation in Federal assistance programs under Executive Order 12549,
“Debarment and Suspension.”
Federal Civil Rights Compliance.
14. Equal Opportunity Clause (applicable to federally assisted construction contracts and
subcontracts over $10,000).
During the performance of this contract, the Firm agrees as follows:
a. The Firm will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national
origin. The Firm will take affirmative action to ensure that applicants are employed,
and that employees are treated during employment without regard to their race,
color, religion, sex, sexual orientation, gender identity, or national origin. Such
action shall include, but not be limited to the following: Employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff or termination;
rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The Firm agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided setting forth the
provisions of this nondiscrimination clause.
b. The Firm will, in all solicitations or advertisements for employees placed by or on
behalf of the Firm, state that all qualified applicants will receive considerations for
employment without regard to race, color, religion, sex, sexual orientation, gender
identity, or national origin.
c. The Firm will not discourage or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has
inquired about, discussed, or disclosed the compensation of the employee or
applicant or another employee or applicant. This provision shall not apply to
instances in which an employee who has access to the compensation information of
other employees or applicants as a part of such employee’s essential job functions
discloses the compensation of such other employees or applicants to individuals
who do not otherwise have access to such information, unless such disclosure is in
response to a formal complaint or charge, in furtherance of an investigation,
proceeding, hearing, or action, including an investigation conducted by the
employer, or is consistent with the contractor’s legal duty to furnish information.
d. The Firm will send to each labor union or representative of workers with which he
has a collective bargaining agreement or other contract or understanding, a notice
to be provided advising the said labor union or workers' representatives of the
Firm's commitments under this section, and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
e. The Firm will comply with all provisions of Executive Order 11246 of September 24,
1965, “Equal Employment Opportunity,” and of the rules, regulations, and relevant
orders of the Secretary of Labor.
f. The Firm will furnish all information and reports required by Executive Order 11246
of September 24, 1965, and by rules, regulations, and orders of the Secretary of
Labor, or pursuant thereto, and will permit access to his books, records, and
accounts by the administering agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and orders.
g. In the event of the Firm's noncompliance with the nondiscrimination clauses of this
contract or with any of the said rules, regulations, or orders, this contract may be
canceled, terminated, or suspended in whole or in part and the Firm may be
declared ineligible for further Government contracts or federally assisted
construction contracts in accordance with procedures authorized in Executive Order
11246 of September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24, 1965, or
by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by
law.
h. The Firm will include the portion of the sentence immediately preceding paragraph
(a) and the provisions of paragraphs (a) through (h) in every subcontract or
purchase order unless exempted by rules, regulations, or orders of the Secretary of
Labor issued pursuant to section 204 of Executive Order 11246 of September 24,
1965, so that such provisions will be binding upon each subcontractor or vendor.
The Firm will take such action with respect to any subcontract or purchase order as
the administering agency may direct as a means of enforcing such provisions,
including sanctions for noncompliance: Provided, however, That in the event a Firm
becomes involved in, or is threatened with, litigation with a subcontractor or vendor
as a result of such direction by the administering agency the Firm may request the
United States to enter into such litigation to protect the interests of the United
States.
15. Civil Rights Act of 1964. Under Title VI of the Civil Rights Act of 1964, no person shall,
on the grounds of race, color, religion, sex, or national origin, be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under any
program or activity receiving Federal financial assistance.
16. Section 109 of the Housing and Community Development Act of 1974. The Firm shall
comply with the provisions of Section 109 of the Housing and Community
Development Act of 1974. No person in the United States shall on the ground of race,
color, national origin, religion, or sex be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any program or activity funded in
whole or in part with funds made available under this title.
17. Section 504 of the Rehabilitation Act of 1973, as amended. The Firm agrees that no
otherwise qualified individual with disabilities shall, solely by reason of his/her
disability, be denied the benefits of, or be subjected to discrimination, including
discrimination in employment, under any program or activity receiving federal financial
assistance.
18. Age Discrimination Act of 1975. The Firm shall comply with the Age Discrimination Act
of 1975 which provides that no person in the United States shall on the basis of age be
excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving federal financial assistance.
19. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) (if contract greater than or equal to
$100,000)
The Firm certifies that it will not and has not used Federal appropriated funds to pay
any person or organization for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, officer or employee of Congress, or
an employee of a member of Congress in connection with obtaining this contract. The
Firm shall disclose any lobbying with non-Federal funds that takes place in connection
with obtaining any Federal award.
20. Economic Opportunities for Section 3 Residents and Section 3 Business Concerns.
a. The work to be performed under this contract is subject to the requirements of
section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C.
1701u (section 3). The purpose of section 3 is to ensure that employment and other
economic opportunities generated by HUD assistance or HUD-assisted projects
covered by section 3, shall, to the greatest extent feasible, be directed to low- and very
low-income persons, particularly persons who are recipients of HUD assistance for
housing.
b. The parties to this Agreement agree to comply with HUD's regulations in 24 CFR
part 135, which implement section 3. As evidenced by their execution of this contract,
the parties to this Agreement certify that they are under no contractual or other
impediment that would prevent them from complying with the part 135 regulations.
c. The Firm agrees to send to each labor organization or representative of workers
with which the Firm has a collective bargaining agreement or other understanding, if
any, a notice advising the labor organization or workers' representative of the Firm's
commitments under this section 3 clause, and will post copies of the notice in
conspicuous places at the work site where both employees and applicants for training
and employment positions can see the notice. The notice shall describe the section 3
preference, shall set forth minimum number and job titles subject to hire, availability of
apprenticeship and training positions, the qualifications for each; and the name and
location of the person(s) taking applications for each of the positions; and the
anticipated date the work shall begin.
d. The Firm agrees to include this section 3 clause in every subcontract subject to
compliance with regulations in 24 CFR part 135, and agrees to take appropriate
action, as provided in an applicable provision of the subcontract or in this section 3
clause, upon a finding that the subcontractor is in violation of the regulations in 24
CFR part 135. The Firm will not subcontract with any subcontractor where the Firm
has notice or knowledge that the subcontractor has been found in violation of the
regulations in 24 CFR part 135.
e. The Firm will certify that any vacant employment positions, including training
positions, that are filled (1) after the Firm is selected but before the contract is
executed, and (2) with persons other than those to whom the regulations of 24 CFR
part 135 require employment opportunities to be directed, were not filled to circumvent
the Firm's obligations under 24 CFR part 135.
f. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions,
termination of this Agreement for default, and debarment or suspension from future
HUD assisted contracts.
g. With respect to work performed in connection with section 3 covered Indian housing
assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450e) also applies to the work to be performed under this Agreement.
Section 7(b) requires that to the greatest extent feasible (i) preference and
opportunities for training and employment shall be given to Indians, and (ii) preference
in the award of contracts and subcontracts shall be given to Indian organizations and
Indian-owned Economic Enterprises. Parties to this contract that are subject to the
provisions of section 3 and section 7(b) agree to comply with section 3 to the
maximum extent feasible, but not in derogation of compliance with section 7(b).
PART V
PROJECT TIME SCHEDULE
ENGINEERING/ARCHITECTURAL/SURVEYOR
PROFESSIONAL SERVICES
Survey/Pavement Core by May 15, 2024
Submit 60% plans by June 30, 2024
Submit 100% plans by July 31, 2024
City Approval by August 31, 2024
Bid Tab and Recommendation by October 31, 2024
City Awards Contract by December 1, 2024
Construction Complete by March 1, 2025
Exhibit 1.
MONTHLY STATUS REPORT
Grant Recipient: _____________________ Date Submitted: ________________
Grant No.: Reporting Period:
Project Status:
Date of Last Inspection:
Name of Inspector:
Inspection Description:
Projected Date of Construction Completion:
Amount of Last Pay Request:
Date of Last Pay Request:
Status of Last Pay Request:
List of Subcontractors Onsite
Name
Date
Cleared by Grant Administrator
*This report may be e-mailed or faxed to the Grant Recipient
Item No. 7.g.
City Council Agenda
Staff Report
Meeting Date: 2/27/2024
Staff Contact: Gregory Peters
AGENDA ITEM:
Conduct a Public Hearing and Consider/Discuss/Action on a Resolution to adopt
necessary civil rights and fair housing policies associated with the City of Anna
TxCDBG Grants. (Assistant City Manager Greg Peters, P.E.)
SUMMARY:
In 2023, the City of Anna EDC/CDC contracted with Public Management, Incorporated
to assist the City in the application for and management of Community Development
Block Grant funds and Texas Rural Community Loan funds for constructing roadway
and pedestrian improvements in the downtown area of the City. Anna was successful in
being awarded funding for both projects submitted, including:
• $500,000 for the design and reconstruction of South Riggins Street and Edwards
Street (Texas Rural Community)
• $500,000 for the design and construction of pedestrian improvements and ADA
improvements on 4th Street from SH5 to Riggins Street (CDBG)
The City match is $75,000 for each project based on an 85/15 match. The projects will
be managed by the Engineering Department.
In order to receive the funds for the two projects, the City is required to follow specific
processes associated with the programs. One requirement is to adopt policies
regarding civil rights and fair housing policies. The attached Resolution includes the
specific language required for the programs.
Staff recommends approval of the item, as these programs provide significant benefit to
Anna neighbors, including funding for infrastructure projects which may not otherwise
be possible.
FINANCIAL IMPACT:
This item has no financial impact. However, it is required in order for the City to receive
funding for the CDBG and Texas Rural Community Grant projects.
BACKGROUND:
Approval of the Resolution is a requirement of the TxCDBG Grant Program. The City
must adopt the attached Resolution in order to receive grant funds for the two active
TxCDBG projects shown in Exhibit A and Exhibit B attached. Based on the language in
the documents and advice from the City Attorney, this item requires a public hearing.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Excellent.
ATTACHMENTS:
1. Exhibit A - 4th Street Pedestrian Improvements
2. Exhibit B - S Riggins and Edwards Project
3. Resolution - TxCDBG Policies and Procedures - Civil Rights
S. POWELL PARKWAYN. RIGGINS ST. S. INTERURBAN ST. S. RIGGINS ST. N. POWELL PARKWAYW. 4TH STREET N. INTERURBAN ST. Huitt-Zollars, Inc. Dallas
Phone (214) 871-3311 Fax (214) 871-0757
5430 LBJ Freeway, Suite 1500Dallas, Texas 75240
APRIL 2023
SIDEWALK IMPROVEMENT
CITY OF ANNA
PROJECT NO:EXHIBIT
00 200'
Scale: 1" = 200'
BENEFIT AREA
PROPOSED SIDEWALK
AND CONDUIT
PROPOSED CROSSWALK
PROPOSED RAMP
STREET LIGHTS
LEGEND
RIGGINS STEDWARDS ST
RIGGINS ST
CITY OF ANNA
PROJECT NO:EXHIBIT
Huitt-Zollars, Inc. Dallas
Phone (214) 871-3311 Fax (214) 871-0757
5430 LBJ Freeway, Suite 1500Dallas, Texas 75240
APRIL 2023
00 200'
Scale: 1" = 200'
BENEFIT AREA
APPROXIMATE PROJECT LIMITS
LEGEND
CITY OF ANNA, TEXAS
RESOLUTION NO. _______________
A RESOLUTION OF THE CITY OF ANNA, TEXAS, REGARDING CIVIL RIGHTS;
ADOPTING CERTAIN POLICIES, AFFIRMING CERTAIN COMMITMENTS, AND
AGREED UPON ACTIONS AS NECESSARY TO MAINTAIN PROGRAM
COMPLIANCE PERTAINING TO THE RECEIPT OF TxCDBG GRANT FUNDS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Anna, Texas, (hereinafter referred to as “City of Anna”) has been
awarded TxCDBG funding through a TxCDBG grant from the Texas Department of
Agriculture (hereinafter referred to as “TDA”); and,
WHEREAS, the City of Anna, in accordance with Section 109 of Title I of the Housing
and Community Development Act. (24 CFR 6); the Age Discrimination Act of 1975 (42
U.S.C. 6101-6107); and Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794)
and for construction contracts greater than $10,000, must take actions to ensure that no
person or group is denied benefits such as employment, training, housing, and contracts
generated by the CDBG activity, on the basis of race, color, religion, sex, national origin,
age, or disability; and,
WHEREAS, the City of Anna, in consideration for the receipt and acceptance of federal
funding, agrees to comply with all federal rules and regulations including those rules and
regulations governing citizen participation and civil rights protections; and,
WHEREAS, the City of Anna, in accordance with Section 3 of the Housing and Urban
Development Act of 1968, as amended, and 24 CFR Part 75, is required, to the greatest
extent feasible, to provide training and employment opportunities to lower income
residents and contract opportunities to businesses in the Section 3 Service Area; and,
WHEREAS, the City of Anna, in accordance with Section 104(1) of the Housing and
Community Development Act, as amended, and State’s certification requirements at 24
CFR 91.325(b)(6), must adopt an excessive force policy that prohibits the use of
excessive force against non-violent civil rights demonstrations; and,
WHEREAS, the City of Anna, in accordance with Executive Order 13166, must take
reasonable steps to ensure meaningful access to services in federally assisted programs
and activities by persons with limited English proficiency (LEP) and must have an LEP
plan in place specific to the locality and beneficiaries for each TxCDBG project; and,
WHEREAS, the City of Anna, in accordance with Section 504 of the Rehabilitation Act of
1973, does not discriminate on the basis of disability and agrees to ensure that qualified
individuals with disabilities have access to programs and activities that receive federal
funds; and,
WHEREAS, the City of Anna, in accordance with Section 808(e)(5) of the Fair Housing
Act (42 USC 3608(e)(5)) that requires HUD programs and activities be administered in a
manner affirmatively to further the policies of the Fair Housing Act, agrees to conduct at
least one activity during the contract period of the TxCDBG contract, to affirmatively
further fair housing; and,
WHEREAS, the City of Anna, agrees to maintain written standards of conduct covering
conflicts of interest and governing the actions of its employees engaged in the selection,
award and administration of contracts.
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.Adoption of Policies
That the City Council of the City of Anna hereby adopts the following policies:
1. Citizen Participation Plan and Grievance Procedures (Form A1013);
2. Excessive Force Policy (Form A1003);
3. Fair Housing Policy (Form A1015);
4. Section 504 Policy and Grievance Procedures (Form A1004); and
5. Code of Conduct Policy (Form A1002).
The City affirms its commitment to conduct a project-specific analysis and take all
appropriate action necessary to comply with program requirements for the following:
6. Section 3 economic opportunity;
7. Limited English Proficiency; and
8. Activity to affirmatively Further Fair Housing choice.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this ___
day of February, 2024.
ATTEST: APPROVED:
__________________________ __________________________
City Secretary, Carrie Land Mayor, Nate Pike
CITY OF ANNA, TEXAS
RESOLUCIÓN NO. _______________
UNA RESOLUCIÓN DE LA CIUDAD DE ANNA, TEXAS, SOBRE DERECHOS
CIVILES; ADOPTANDO CIERTAS POLÍTICAS, AFIRMANDO CIERTOS
COMPROMISOS Y ACORDANDO ACCIONES SEGÚN NECESARIO PARA
MANTENER EL CUMPLIMIENTO DEL PROGRAMA RELACIONADO CON LA
RECIBICIÓN DE FONDOS DE SUBVENCIÓN DE TxCDBG; Y ESTABLECIENDO UNA
FECHA DE VIGENCIA.
Considerando que, la Ciudad de Anna, Texas, (en adelante, "Ciudad de Anna") ha
recibido fondos de TxCDBG a través de una subvención de TxCDBG del Departamento
de Agricultura de Texas (en adelante, "TDA"); y,
Considerando que, la Ciudad de Anna, de conformidad con la Sección 109 del Título I
de la Ley de Vivienda y Desarrollo Comunitario. (24 CFR 6); la Ley de discriminación por
edad de 1975 (42 U.S.C. 6101-6107); y la Sección 504 de la Ley de Rehabilitación de
1973 (29 U.S.C. 794) y para los contratos de construcción superiores a $10,000, deben
tomar medidas para garantizar que a ninguna persona o grupo se le nieguen beneficios
tales como empleo, capacitación, vivienda y contratos generados por la actividad de
CDBG, por motivos de raza, color, religión, sexo, origen nacional, edad o discapacidad;
y,
Considerando que, la Ciudad de Anna, en consideración por la recepción y aceptación
de fondos federales, acepta cumplir con todas las reglas y regulaciones federales,
incluidas las reglas y regulaciones que rigen la participación ciudadana y las protecciones
de los derechos civiles; y,
Considerando que, la Ciudad de Anna, de conformidad con la Sección 3 de la Ley de
Vivienda y Desarrollo Urbano de 1968, según enmendada, y 24 CFR Parte 75, está
obligada, en la mayor medida posible, a proporcionar oportunidades de capacitación y
empleo a los residentes de bajos ingresos y oportunidades de contrato a las empresas
en el Área de Servicio de la Sección 3; y,
Considerando que, la Ciudad de Anna, de conformidad con la Sección 104(1) de la Ley
de Vivienda y Desarrollo Comunitario, según enmendada, y los requisitos de certificación
del Estado en 24 CFR 91.325(b)(6), debe adoptar una política de fuerza excesiva que
prohíba el uso excesivo de la fuerza contra manifestaciones no violentas por los derechos
civiles; y,
Considerando que, la Ciudad de Anna, de conformidad con la Orden Ejecutiva 13166,
debe tomar medidas razonables para garantizar un acceso significativo a los servicios
en programas y actividades asistidos por el gobierno federal por personas con dominio
limitado del inglés (LEP) y debe tener un plan LEP específico para la localidad y los
beneficiarios para cada proyecto de TxCDBG; y,
Considerando que, la Ciudad de Anna, de acuerdo con la Sección 504 de la Ley de
Rehabilitación de 1973, no discrimina por motivos de discapacidad y acepta garantizar
que las personas calificadas con discapacidades tengan acceso a programas y
actividades que reciben fondos federales; y
Considerando que, la Ciudad de Anna, de acuerdo con la Sección 808(e)(5) de la Ley
de Vivienda Justa (42 USC 3608(e)(5)) que requiere que los programas y actividades de
HUD se administren de manera afirmativa para promover las políticas de la Ley de
Vivienda Justa, acepta realizar al menos una actividad durante el período del contrato de
TxCDBG, promover afirmativamente la vivienda justa; y,
Considerando que, la Ciudad de Anna, se compromete a mantener normas escritas de
conducta que cubren los conflictos de intereses y rigen las acciones de sus empleados
involucrados en la selección, adjudicación y administración de contratos.
POR LO TANTO, EL CONCEJO MUNICIPAL DE LA CIUDAD DE ANNA, TEXAS
RESUELVE QUE:
Sección 1. Considerandos Incorporados
Los considerandos anteriores se incorporan aquí como si estuvieran establecidos en su
totalidad para todos los fines.
Sección 2. Adopción de Políticas
Que el Ayuntamiento de la Ciudad de Anna adopta las siguientes políticas:
1. Plan de Participación Ciudadana y Procedimientos de Quejas (Formulario A1013);
2. Política de fuerza excesiva (formulario A1003);
3. Política de Vivienda Justa (formulario A1015);
4. Política de la Sección 504 y Procedimientos de Quejas (Formulario A1004); y
5. Política del Código de Conducta (Formulario A1002).
La Ciudad afirma su compromiso de llevar a cabo un análisis específico del proyecto y
tomar todas las medidas apropiadas necesarias para cumplir con los requisitos del
programa para lo siguiente:
6. Sección 3 oportunidad económica;
7. Dominio limitado del inglés; y
8. Actividad para avanzar afirmativamente en la elección de vivienda justa.
APROBADO Y APROBADO por el Concejo Municipal de la Ciudad de Anna, Texas, el
día ___ de Febrero de 2024.
ATTEST: APPROVED:
__________________________ __________________________
Secretaria de la Ciudad, Carrie Land Alcalde, Nate Pike
CITIZEN PARTICIPATION PLAN
TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
COMPLAINT PROCEDURES
These complaint procedures comply with the requirements of the Texas Department of
Agriculture’s Texas Community Development Block Grant (TxCDBG) Program and Local
Government Requirements found in 24 CFR §570.486 (Code of Federal Regulations). Citizens
can obtain a copy of these procedures at the City of Anna, 120 W. 7th Street, Anna, TX 75409,
972-924-3325, during regular business hours.
Below are the formal complaint and grievance procedures regarding the services provided under
the TxCDBG project.
1. A person who has a complaint or grievance about any services or activities with respect
to the TxCDBG project, whether it is a proposed, ongoing, or completed TxCDBG should
contact City of Anna, at 120 W. 7th Street, Anna, TX 75409 or may call, 972-924-3325
2. A copy of the complaint or grievance shall be transmitted by the Assistant City Manager
to the entity that is the subject of the complaint or grievance and to the City Attorney within
five (5) working days after the date of the complaint or grievance was received.
3. The City shall complete an investigation of the complaint or grievance, if practicable, and
provide a timely written answer to the person who made the complaint or grievance within
ten (10) days.
4. If the investigation cannot be completed within ten (10) working days per 3 above, the
person who made the grievance or complaint shall be notified, in writing, within fifteen (15)
days where practicable after receipt of the original complaint or grievance and shall detail
when the investigation should be completed.
5. If necessary, the grievance and a written copy of the subsequent investigation shall be
forwarded to the TxCDBG for their further review and comment.
6. If appropriate, provide copies of grievance procedures and responses to grievances in
both English and Spanish, or other appropriate language.
TECHNICAL ASSISTANCE
When requested, the City shall provide technical assistance to groups that are representative of
persons of low- and moderate-income in developing proposals for the use of TxCDBG funds. The,
based upon the specific needs of the community’s residents at the time of the request, shall
determine the level and type of assistance.
PUBLIC HEARING PROVISIONS
For each public hearing scheduled and conducted by the City, the following public hearing
provisions shall be observed:
1. Public notice of all hearings must be published at least seventy-two (72) hours prior to the
scheduled hearing. The public notice must be published in a local newspaper. Each public
notice must include the date, time, location, and topics to be considered at the public
hearing. A published newspaper article can also be used to meet this requirement so long
as it meets all content and timing requirements. Notices should also be prominently posted
in public buildings and distributed to local Public Housing Authorities and other interested
community groups.
2. When a significant number of non-English speaking residents are a part of the potential
service area of the TxCDBG project, vital documents such as notices should be published
in the predominant language of these non-English speaking citizens.
3. Each public hearing shall be held at a time and location convenient to potential or actual
beneficiaries and will include accommodation for persons with disabilities. Persons with
disabilities must be able to attend the hearings and the City must make arrangements for
individuals who require auxiliary aids or services if contacted at least two days prior to the
hearing.
4. A public hearing held prior to the submission of a TxCDBG application must be held after
5:00 PM on a weekday or at a convenient time on a Saturday or Sunday.
5. When a significant number of non-English speaking residents can be reasonably expected
to participate in a public hearing, an interpreter should be present to accommodate the
needs of the non-English speaking residents.
The City shall comply with the following citizen participation requirements for the preparation and
submission of an application for a TxCDBG project:
1. At a minimum, the City shall hold at least one (1) public hearing prior to submitting the
application to the Texas Department of Agriculture.
2. The City shall retain documentation of the hearing notice(s), a listing of persons attending
the hearing(s), minutes of the hearing(s), and any other records concerning the proposed
use of funds for three (3) years from closeout of the grant to the state. Such records shall
be made available to the public in accordance with Chapter 552, Texas Government Code.
3. The public hearing shall include a discussion with citizens as outlined in the applicable
TxCDBG application manual to include, but is not limited to, the development of housing
and community development needs, the amount of funding available, all eligible activities
under the TxCDBG program, and the use of past TxCDBG contract funds, if applicable.
Citizens, with particular emphasis on persons of low- and moderate-income who are
residents of slum and blight areas, shall be encouraged to submit their views and
proposals regarding community development and housing needs. Citizens shall be made
aware of the location where they may submit their views and proposals should they be
unable to attend the public hearing.
4. When a significant number of non-English speaking residents can be reasonably expected
to participate in a public hearing, an interpreter should be present to accommodate the
needs of the non-English speaking residents.
The City must comply with the following citizen participation requirements in the event that the
City receives funds from the TxCDBG program:
1. The City shall also hold a public hearing concerning any substantial change, as
determined by TxCDBG, proposed to be made in the use of TxCDBG funds from one
eligible activity to another again using the preceding notice requirements.
2. Upon completion of the TxCDBG project, the City shall hold a public hearing and review
its program performance including the actual use of the TxCDBG funds.
3. When a significant number of non-English speaking residents can be reasonably expected
to participate in a public hearing, for either a public hearing concerning substantial change
to the TxCDBG project or for the closeout of the TxCDBG project, publish notice in both
English and Spanish, or other appropriate language and provide an interpreter at the
hearing to accommodate the needs of the non-English speaking residents.
4. The City shall retain documentation of the TxCDBG project, including hearing notice(s), a
listing of persons attending the hearing(s), minutes of the hearing(s), and any other
records concerning the actual use of funds for a period of three (3) years from closeout of
the grant to the state. Such records shall be made available to the public in accordance
with Chapter 552, Texas Government Code.
________________________________ ____________
Nate Pike, Mayor Date
PLAN DE PARTICIPACIÓN CIUDADANA
PROGRAMA DE SUBVENCIONES EN BLOQUE PARA EL DESARROLLO COMUNITARIO
DE TEXAS
PROCEDIMIENTOS DE RECLAMACIÓN
Estos procedimientos de queja cumplen con los requisitos del Programa de Subvención en
Bloque para el Desarrollo Comunitario de Texas (TxCDBG) del Departamento de Agricultura de
Texas y los Requisitos del Gobierno Local que se encuentran en 24 CFR §570.486 (Código de
Regulaciones Federales). Los ciudadanos pueden obtener una copia de estos procedimientos
en la Ciudad de Anna, 120 W. 7th Street, Anna, TX 75409, 972-924-3325, durante el horario
comercial regular.
A continuación se presentan los procedimientos formales de quejas y quejas con respecto a los
servicios prestados bajo el proyecto TxCDBG.
1. Una persona que tenga una queja o queja sobre cualquier servicio o actividad con
respecto al proyecto TxCDBG, ya sea un TxCDBG propuesto, en curso o completado,
debe comunicarse con la Ciudad de Anna, en 120 W. 7th Street, Anna, TX 75409 o
puede llamar al 972-924-3325.
2. El Secretario de la Ciudad transmitirá una copia de la queja o queja a la entidad que es
objeto de la queja o queja y al Abogado de la Ciudad dentro de los cinco (5) días hábiles
posteriores a la fecha en que se recibió la queja o queja.
3. La Ciudad completará una investigación de la queja o queja, si es posible, y
proporcionará una respuesta oportuna por escrito a la persona que presentó la queja o
queja dentro de los diez (10) días.
4. Si la investigación no puede completarse dentro de los diez (10) días hábiles según los
3 anteriores, la persona que presentó la queja o queja será notificada, por escrito,
dentro de los quince (15) días cuando sea posible después de recibir la queja o queja
original y detallará cuándo debe completarse la investigación.
5. Si es necesario, la queja y una copia escrita de la investigación subsiguiente se
enviarán al TxCDBG para su revisión y comentarios adicionales.
6. Si corresponde, proporcione copias de los procedimientos de quejas y respuestas a las
quejas en inglés y español, u otro idioma apropiado.
ASISTENCIA TÉCNICA
Cuando se le solicite, la Ciudad proporcionará asistencia técnica a grupos que representen a
personas de ingresos bajos y moderados en el desarrollo de propuestas para el uso de los
fondos de TxCDBG. La Ciudad, con base en las necesidades específicas de los residentes de
la comunidad en el momento de la solicitud, determinará el nivel y tipo de asistencia.
DISPOSICIONES SOBRE AUDIENCIAS PÚBLICAS
Para cada audiencia pública programada y conducida por la Ciudad, se observarán las
siguientes disposiciones de audiencia pública:
1. El aviso público de todas las audiencias debe publicarse al menos setenta y dos (72)
horas antes de la audiencia programada. El aviso público debe publicarse en un
periódico local. Cada aviso público debe incluir la fecha, hora, lugar y temas a
considerar en la audiencia pública. Un artículo de periódico publicado también se puede
utilizar para cumplir con este requisito siempre que cumpla con todos los requisitos de
contenido y tiempo. Los avisos también deben colocarse de manera prominente en los
edificios públicos y distribuirse a las autoridades locales de vivienda pública y otros
grupos comunitarios interesados.
2. Cuando un número significativo de residentes que no hablan inglés son parte del área
de servicio potencial del proyecto TxCDBG, los documentos vitales, como los avisos,
deben publicarse en el idioma predominante de estos ciudadanos que no hablan inglés.
3. Cada audiencia pública se llevará a cabo en un momento y lugar convenientes para los
beneficiarios potenciales o reales e incluirá adaptaciones para personas con
discapacidades. Las personas con discapacidades deben poder asistir a las audiencias
y la Ciudad debe hacer arreglos para las personas que requieren ayudas o servicios
auxiliares si son contactadas al menos dos días antes de la audiencia.
4. Una audiencia pública celebrada antes de la presentación de una solicitud de TxCDBG
debe llevarse a cabo después de las 5:00 PM en un día laborable o en un horario
conveniente un sábado o domingo.
5. Cuando se puede esperar razonablemente que un número significativo de residentes
que no hablan inglés participen en una audiencia pública, un intérprete debe estar
presente para satisfacer las necesidades de los residentes que no hablan inglés.
La Ciudad deberá cumplir con los siguientes requisitos de participación ciudadana para la
preparación y presentación de una solicitud para un proyecto TxCDBG:
1. Como mínimo, la Ciudad deberá celebrar al menos una (1) audiencia pública antes de
presentar la solicitud al Departamento de Agricultura de Texas.
2. La Ciudad conservará la documentación de la(s) notificación(es) de audiencia(s), una
lista de las personas que asistirán a la(s) audiencia(s), actas de la(s) audiencia(s) y
cualquier otro registro relacionado con el uso propuesto de fondos durante tres (3) años
a partir del cierre de la subvención al estado. Dichos registros se pondrán a disposición
del público de acuerdo con el Capítulo 552, Código de Gobierno de Texas.
3. La audiencia pública incluirá una discusión con los ciudadanos como se describe en el
manual de solicitud de TxCDBG aplicable para incluir, pero no se limita a, el desarrollo
de las necesidades de vivienda y desarrollo comunitario, la cantidad de fondos
disponibles, todas las actividades elegibles bajo el programa TxCDBG y el uso de
fondos anteriores del contrato de TxCDBG, si corresponde. Se alentará a los
ciudadanos, con especial hincapié en las personas de ingresos bajos y moderados que
sean residentes de barrios marginales y zonas de niebla del cielo, a que presenten sus
opiniones y propuestas sobre el desarrollo comunitario y las necesidades de
vivienda. Se informará a los ciudadanos del lugar en el que podrán presentar sus
opiniones y propuestas en caso de que no puedan asistir a la audiencia pública.
4. Cuando se puede esperar razonablemente que un número significativo de residentes
que no hablan inglés participen en una audiencia pública, un intérprete debe estar
presente para satisfacer las necesidades de los residentes que no hablan inglés.
La Ciudad debe cumplir con los siguientes requisitos de participación ciudadana en caso de
que la Ciudad reciba fondos del programa TxCDBG:
1. La Ciudad también llevará a cabo una audiencia pública con respecto a cualquier
cambio sustancial, según lo determine TxCDBG, propuesto para ser hecho en el uso de
los fondos de TxCDBG de una actividad elegible a otra nuevamente utilizando los
requisitos de notificación anteriores.
2. Una vez finalizado el proyecto TxCDBG, la Ciudad llevará a cabo una audiencia pública
y revisará el desempeño de su programa, incluido el uso real de los fondos de TxCDBG.
3. Cuando se pueda esperar razonablemente que un número significativo de residentes
que no hablan inglés participen en una audiencia pública, ya sea para una audiencia
pública sobre un cambio sustancial en el proyecto TxCDBG o para el cierre del proyecto
TxCDBG, publique un aviso en inglés y español, u otro idioma apropiado y proporcione
un intérprete en la audiencia para satisfacer las necesidades de los residentes que no
hablan inglés.
4. La Ciudad conservará la documentación del proyecto TxCDBG, incluyendo aviso(s) de
audiencia, una lista de personas que asisten a la(s) audiencia(s), actas de la(s)
audiencia(s), y cualquier otro registro relacionado con el uso real de los fondos por un
período de tres (3) años a partir del cierre de la subvención al estado. Dichos registros
se pondrán a disposición del público de acuerdo con el Capítulo 552, Código de
Gobierno de Texas.
________________________________ ____________
Nate Pike, Mayor Fecha
Excessive Force Policy
In accordance with 24 CFR 91.325(b)(6), City of Anna hereby adopts and will enforce the following
policy with respect to the use of excessive force:
1. It is the policy of City of Anna to prohibit the use of excessive force by the law enforcement
agencies within its jurisdiction against any individual engaged in non-violent civil rights
demonstrations;
2. It is also the policy of City of Anna to enforce applicable State and local laws against
physically barring entrance to or exit from a facility or location that is the subject of such
non-violent civil rights demonstrations within its jurisdiction.
3. City of Anna will introduce and pass a resolution adopting this policy.
As officers and representatives of City of Anna, we the undersigned have read and fully agree
to this plan, and become a party to the full implementation of this program.
_____________________________ ______________
Nate Pike, Mayor Date
Política de fuerza excesiva
De acuerdo con 24 CFR 91.325 (b) (6), la Ciudad de Anna adopta y hará cumplir la siguiente
política con respecto al uso excesivo de la fuerza:
1. La política de la Ciudad de Anna es prohibir el uso excesivo de la fuerza por parte de los
organismos encargados de hacer cumplir la ley dentro de su jurisdicción contra
cualquier persona que participe en manifestaciones no violentas por los derechos
civiles;
2. También es política de la Ciudad de Anna hacer cumplir las leyes estatales y locales
aplicables contra la prohibición física de entrada o salida de una instalación o ubicación
que sea objeto de tales manifestaciones no violentas de derechos civiles dentro de su
jurisdicción.
3. La Ciudad de Anna presentará y aprobará una resolución que adopte esta política.
Como oficiales y representantes de la Ciudad de Anna, nosotros, los abajo firmantes, hemos
leído y estamos totalmente de acuerdo con este plan, y nos convertimos en parte de la plena
implementación de este programa.
_____________________________ ______________
Nate Pike, Alcalde Fecha
Fair Housing Policy
In accordance with Fair Housing Act, the City of Anna hereby adopts the following policy with
respect to the Affirmatively Furthering Fair Housing:
1. City of Anna agrees to affirmatively further fair housing choice for all seven protected
classes (race, color, religion, sex, disability, familial status, and national origin).
2. City of Anna agrees to plan at least one activity during the contract term to affirmatively
further fair housing.
3. City of Anna will introduce and pass a resolution adopting this policy.
As officers and representatives of the City of Anna, we the undersigned have read and fully agree
to this plan, and become a party to the full implementation of this program.
_____________________________ ______________
Nate Pike, Mayor Date
Política de Vivienda Justa
De conformidad con la Ley de Vivienda Justa, la Ciudad de Anna adopta la siguiente política
con respecto a la Promoción Afirmativa de la Vivienda Justa:
1. La Ciudad de Anna se compromete a promover afirmativamente la elección de vivienda
justa para las siete clases protegidas (raza, color, religión, sexo, discapacidad, estado
familiar y origen nacional).
2. La Ciudad de Anna se compromete a planificar al menos una actividad durante el plazo
del contrato para promover afirmativamente la vivienda justa.
3. La Ciudad de Anna presentará y aprobará una resolución que adopte esta política.
Como oficiales y representantes de la Ciudad de Anna, nosotros, los abajo firmantes, hemos
leído y estamos totalmente de acuerdo con este plan, y nos convertimos en parte de la plena
implementación de este programa.
_____________________________ ______________
Nate Pike, Alcalde Fecha
Section 504 Policy Against Discrimination
based on Handicap and Grievance Procedures
In accordance with 24 CFR Section 8, Nondiscrimination based on Handicap in federally assisted
programs and activities of the Department of Housing and Urban Development, Section 504 of
the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and Section 109 of the Housing
and Community Development Act of 1974, as amended (42 U.S.C. 5309), City of Anna hereby
adopts the following policy and grievance procedures:
1. Discrimination prohibited. No otherwise qualified individual with handicaps in the United
States shall, solely by reason of his or her handicap, be excluded from the participation in,
be denied the benefits of, or be subjected to discrimination under any program or activity
receiving Federal financial assistance from the Department of Housing and Urban
Development (HUD).
2. The City of Anna does not discriminate on the basis of handicap in admission or access to,
or treatment or employment in, its federally assisted programs and activities.
3. The City of Anna recruitment materials or publications shall include a statement of this
policy in 1. above.
4. The City of Anna shall take continuing steps to notify participants, beneficiaries, applicants
and employees, including those with impaired vision or hearing, and unions or professional
organizations holding collective bargaining or professional agreements with the recipients
that it does not discriminate on the basis of handicap in violation of 24 CFR Part 8.
5. For hearing and visually impaired individuals eligible to be served or likely to be affected by
the TxCDBG program, City of Anna shall ensure that they are provided with the information
necessary to understand and participate in the TxCDBG program.
6. Grievances and Complaints
A. Any person who believes she or he has been subjected to discrimination on the basis
of disability may file a grievance under this procedure. It is against the law for City of
Anna to retaliate against anyone who files a grievance or cooperates in the
investigation of a grievance.
B. Complaints should be addressed to: Assistant City Manager, 120 W. 7th Street, Anna,
TX 75409, 972-924-3325, who has been designated to coordinate Section 504
compliance efforts
C. A complaint should be filed in writing or verbally, contain the name and address of the
person filing it, and briefly describe the alleged violation of the regulations.
D. A complaint should be filed within thirty (30) working days after the complainant
becomes aware of the alleged violation.
E. An investigation, as may be appropriate, shall follow a filing of a complaint. The
investigation will be conducted by Assistant City Manager. Informal but thorough
investigations will afford all interested persons and their representatives, if any, an
opportunity to submit evidence relevant to a complaint.
F. A written determination as to the validity of the complaint and description of resolution,
if any, shall be issued by Assistant City Manager, and a copy forwarded to the
complainant with fifteen (15) working days after the filing of the complaint where
practicable.
G. The Section 504 coordinator shall maintain the files and records of the City of Anna
relating to the complaint’s files.
H. The complainant can request a reconsideration of the case in instances where he or
she is dissatisfied with the determination/resolution as described in f. above. The
request for reconsideration should be made to the City of Anna within ten working days
after the receipt of the written determination/resolution.
I. The right of a person to a prompt and equitable resolution of the complaint filed
hereunder shall not be impaired by the person’s pursuit of other remedies such as the
filing of a Section 504 complaint with the U.S. Department of Housing and Urban
Development. Utilization of this grievance procedure is not a prerequisite to the pursuit
of other remedies.
J. These procedures shall be construed to protect the substantive rights of interested
persons, to meet appropriate due process standards and assure that the City of Anna
complies with Section 504 and HUD regulations.
_____________________________ ______________
Nate Pike, Mayor Date
Sección 504 Política contra la discriminación
basado en procedimientos de discapacidad y quejas
De conformidad con 24 CFR Sección 8, No discriminación basada en discapacidad en
programas y actividades con asistencia federal del Departamento de Vivienda y Desarrollo
Urbano, Sección 504 de la Ley de Rehabilitación de 1973, según enmendada (29 U.S.C. 794),
y Sección 109 de la Ley de Vivienda y Desarrollo Comunitario de 1974, según enmendada (42
U.S.C. 5309), la Ciudad de Anna adopta por la presente la siguiente política y procedimientos
de quejas:
1. Prohibida la discriminación. Ninguna persona calificada con discapacidades en los
Estados Unidos podrá, únicamente por razón de su discapacidad, ser excluida de la
participación, se le negarán los beneficios de, o será objeto de discriminación bajo
cualquier programa o actividad que reciba asistencia financiera federal del Departamento
de Vivienda y Desarrollo Urbano (HUD).
2. La Ciudad de Anna no discrimina sobre la base de la discapacidad en la admisión o el
acceso, o el tratamiento o el empleo en, sus programas y actividades con asistencia
federal.
3. Los materiales o publicaciones de reclutamiento de la Ciudad de Anna incluirán una
declaración de esta política en 1. encima.
4. La Ciudad de Anna tomará medidas continuas para notificar a los participantes,
beneficiarios, solicitantes y empleados, incluidos aquellos con problemas de visión o
audición, y sindicatos u organizaciones profesionales que celebren negociaciones
colectivas o acuerdos profesionales con los destinatarios que no discriminan por motivos
de discapacidad en violación de 24 CFR Parte 8.
5. Para las personas con discapacidad auditiva y visual elegibles para ser atendidas o que
puedan verse afectadas por el programa TxCDBG, la Ciudad de Anna se asegurará de
que se les proporcione la información necesaria para comprender y participar en el
programa TxCDBG.
6. Quejas y quejas
R. Cualquier persona que crea que ha sido objeto de discriminación por motivos de
discapacidad puede presentar una queja bajo este procedimiento. Es ilegal que la
Ciudad de Anna tome represalias contra cualquier persona que presente una queja
o coopere en la investigación de una queja.
B. Las quejas deben dirigirse a: asistente del administrador de la ciudad, 120 W. 7th
Street, Anna, TX 75409, 972-924-3325, quien ha sido designado para coordinar los
esfuerzos de cumplimiento de la Sección 504
C. Una queja debe presentarse por escrito o verbalmente, contener el nombre y la
dirección de la persona que la presenta y describir brevemente la presunta violación
de las regulaciones.
D. Una queja debe presentarse dentro de los treinta (30) días hábiles posteriores a que
el demandante tenga conocimiento de la presunta violación.
E. Una investigación, según corresponda, seguirá a la presentación de una queja. La
investigación será realizada por el asistente del administrador de la ciudad. Las
investigaciones informales pero exhaustivas brindarán a todas las personas
interesadas y a sus representantes, si los hubiere, la oportunidad de presentar
pruebas pertinentes a una queja.
F. El asistente del administrador de la ciudad emitirá una determinación por escrito
sobre la validez de la queja y la descripción de la resolución, si corresponde, y se
enviará una copia al demandante con quince (15) días hábiles después de la
presentación de la queja cuando sea posible.
G. El coordinador de la Sección 504 mantendrá los archivos y registros de la Ciudad de
Anna relacionados con los archivos de quejas.
H. El demandante puede solicitar una reconsideración del caso en los casos en que no
esté satisfecho con la determinación/resolución descrita en f. supra. La solicitud de
reconsideración debe hacerse a la Ciudad de Anna dentro de los diez
días hábiles posteriores a la recepción de la determinación / resolución por escrito.
I. El derecho de una persona a una resolución pronta y equitativa de la queja
presentada en virtud del presente no se verá afectado por la búsqueda de otros
recursos, como la presentación de una queja de la Sección 504 ante el
Departamento de Vivienda y Desarrollo Urbano de los Estados Unidos. La utilización
de este procedimiento de reclamación no es un requisito previo para la búsqueda de
otros recursos.
J. Estos procedimientos se interpretarán para proteger los derechos sustantivos de las
personas interesadas, para cumplir con los estándares apropiados del debido
proceso y asegurar que la Ciudad de Anna cumpla con la Sección 504 y las
regulaciones de HUD.
_____________________________ ______________
Nate Pike, Mayor Fecha
CODE OF CONDUCT
CONFLICT OF INTEREST POLICY PERTAINING TO PROCUREMENT PROCEDURES
As a Grant Recipient of a TxCDBG contract, the City of Anna shall avoid, neutralize or mitigate
actual or potential conflicts of interest so as to prevent an unfair competitive advantage or the
existence of conflicting roles that might impair the performance of the TxCDBG contract or impact
the integrity of the procurement process.
For procurement of goods and services, no employee, officer, or agent of the City of Anna shall
participate in the selection, award, or administration of a contract supported by TxCDBG funds if
he or she has a real or apparent conflict of interest. Such a conflict could arise if the employee,
officer or agent; any member of his/her immediate family; his/her partner; or an organization which
employs or is about to employ any of the parties indicated herein, has a financial or other interest
in or a tangible personal benefit from a firm considered for a contract.
No officer, employee, or agent of the City of Anna shall solicit or accept gratuities, favors or
anything of monetary value from contractors or firms, potential contractors or firms, or parties to
sub-agreements, except where the financial interest is not substantial or the gift is an unsolicited
item of nominal intrinsic value.
Contractors that develop or draft specifications, requirements, statements of work, or invitations
for bids or requests for proposals must be excluded from competing for such procurements.
For all other cases, no employee, agent, consultant, officer, or elected or appointed official of the
state, or of a unit of general local government, or of any designated public agencies, or
subrecipients which are receiving TxCDBG funds, that has any grant-related
function/responsibility, or is in a position to participate in a decision-making process or gain inside
information, may obtain a financial interest or benefit from the federal or state grant activity.
The conflict of interest restrictions and procurement requirements identified herein shall apply to
a benefitting business, utility provider, or other third party entity that me or all work under a
TxCDBG contract in order to meet any National Program Objectives.
Any person or entity including any benefitting business, utility provider, or other third party entity
that is receiving assistance, directly or indirectly, under a TxCDBG contract or award, or that is
required to complete some or all work under the TxCDBG contract in order to meet a National
Program Objective, that might potentially receive benefits from TxCDBG awards may not
participate in the selection, award, or administration of a contract supported by CDBG funding.
Any alleged violations of these standards of conduct shall be referred to the City of Anna’s
Attorney. Where violations appear to have occurred, the offending employee, officer or agent
shall be subject to disciplinary action, including but not limited to dismissal or transfer; where
violations or infractions appear to be substantial in nature, the matter may be referred to the
appropriate officials for criminal investigation and possible prosecution.
_____________________________ _____________
Nate Pike, Mayor Date
City of Anna
CÓDIGO DE CONDUCTA
POLÍTICA DE CONFLICTO DE INTERESES RELATIVA A LOS PROCEDIMIENTOS DE
CONTRATACIÓN PÚBLICA
Como Beneficiario de una Subvención de un contrato de TxCDBG, la Ciudad de Anna evitará,
neutralizará o mitigará los conflictos de intereses reales o potenciales para evitar una ventaja
competitiva injusta o la existencia de roles conflictivos que puedan perjudicar el desempeño del
contrato de TxCDBG o afectar la integridad del proceso de adquisición.
Para la adquisición de bienes y servicios, ningún empleado, funcionario o agente de la Ciudad
de Anna participará en la selección, adjudicación o administración de un contrato respaldado
por fondos de TxCDBG si él o ella tiene un conflicto de intereses real o aparente. Tal conflicto
podría surgir si el empleado, funcionario o agente; cualquier miembro de su familia
inmediata; su pareja; o una organización que emplea o está a punto de emplear a cualquiera de
las partes indicadas en este documento, tiene un interés financiero o de otro tipo o un beneficio
personal tangible de una empresa considerada para un contrato.
Ningún funcionario, empleado o agente de la Ciudad de Anna solicitará o aceptará propinas,
favores o cualquier cosa de valor monetario de contratistas o empresas, contratistas o
empresas potenciales, o partes en subacuerdos, excepto cuando el interés financiero no sea
sustancial o el regalo sea un artículo no solicitado de valor intrínseco nominal.
Los contratistas que elaboren o redacten especificaciones, requisitos, declaraciones de trabajo
o invitaciones a licitaciones o solicitudes de propuestas deben quedar excluidos de competir
por dichas adquisiciones.
Para todos los demás casos, ningún empleado, agente, consultor, funcionario, o funcionario
electo o designado del estado, o de una unidad del gobierno local general, o de cualquier
agencia pública designada, o subreceptores que estén recibiendo fondos de TxCDBG, que
tenga alguna función/responsabilidad relacionada con la subvención, o esté en condiciones de
participar en un proceso de toma de decisiones u obtener información privilegiada, puede
obtener un interés financiero o beneficiarse de la actividad de subvención federal o estatal.
Las restricciones de conflicto de intereses y los requisitos de adquisición identificados en este
documento se aplicarán a una empresa beneficiaria, proveedor de servicios públicos u otra
entidad de terceros que yo o todos trabajemos bajo un contrato de TxCDBG para cumplir con
los Objetivos del Programa Nacional.
Cualquier persona o entidad, incluyendo cualquier negocio beneficiario, proveedor de servicios
públicos u otra entidad de terceros que esté recibiendo asistencia, directa o indirectamente,
bajo un contrato o adjudicación de TxCDBG, o que esté obligada a completar parte o todo el
trabajo bajo el contrato de TxCDBG para cumplir con un Objetivo del Programa Nacional, que
potencialmente podría recibir beneficios de los premios de TxCDBG no puede participar en la
selección, adjudicación o administración de un contrato respaldado por fondos CDBG.
Cualquier presunta violación de estas normas de conducta se remitirá al Abogado de la Ciudad
de Anna. Cuando parezcan haber ocurrido violaciones, el empleado, funcionario o agente
infractor estará sujeto a medidas disciplinarias, que incluyen, entre otras, el despido o la
transferencia; Cuando las violaciones o infracciones parezcan ser de naturaleza sustancial, el
asunto puede remitirse a los funcionarios apropiados para su investigación penal y posible
enjuiciamiento.
_____________________________ _____________
Nate Pike, Alcalde Fecha
Ciudad de Anna
Item No. 7.h.
City Council Agenda
Staff Report
Meeting Date: 2/27/2024
Staff Contact: Dalan Walker
AGENDA ITEM:
Consider/Discuss/Action a Resolution authorizing the City Manager to execute a
construction agreement with A T Construction, LLC to construct a restroom building and
associated infrastructure at Slayter Creek Park. (Assistant City Manager Greg Peters,
P.E.)
SUMMARY:
The Slayter Creek Park restroom building project was originally advertised for bid late
last year, but insufficient bid competition resulted in unacceptable results.
The project was re-bid on January 11, 2024, and the request for bids was closed on
February 16th. Four bids were received. The lowest qualified bid was received from A
T Construction, LLC in the amount of $161,300. The bid is within the project budget.
The construction agreement includes the contractor's bid amount as well as a $20,000
owner's contingency.
The process of re-bidding the project saved the City more than $150,000, but has
shortened the timeline for completion of the project. Due to the importance of the
project and the need to open the restroom building before the splash pad opens, a
$25,000 early completion bonus has been included in the construction agreement. This
bonus provides the contractor with a strong incentive to complete the project on an
accelerated schedule. The accelerated completion date is May 16, 2024, which is one
week before the opening of the splash pad. In order for the contractor to receive this
early completion bonus, the restroom must receive a certificate of occupancy from our
Building Department and be deemed open for public use. The current project budget
allows for this bonus to be included with no additional funding needed.
The restroom building is of similar design to the restroom at Johnson Park with some
aesthetic modifications. It will have a metal roof, and the colors will generally match the
splash pad equipment building.
Water and sanitary sewer lines were designed and installed up to the building site
during the construction of the splash pad. The electrical panel in the splash pad
equipment room was designed to accommodate service to the restroom.
Staff recommends awarding the project to A T Construction, LLC with $20,000 for
owner contingency and a $25,000 early completion bonus.
FINANCIAL IMPACT:
Funding for the restroom building and associated infrastructure at Slayter Creek Park
was appropriated in the FY2024 Community Investment Program in the amount of
$200,000 from the 2021 Bond Fund Proposition C – Parks, Trails, Recreation and
Sports. The estimated cost of this construction contract is $201,300 (including $20,000
for contingency). Also included in the contract is a $25,000 early completion bonus.
BACKGROUND:
A restroom building was planned southeast of the splash pad to provide bathroom
facilities closer to the splash pad, playground, pickle ball courts and skatepark. The
only other restrooms in the park are between the baseball fields. The plans for the
restroom project were developed in-house, saving on design fees.
The project was originally bid on October 26, 2023, closing on November 27th, but only
one bid was received. In addition, the bid was significantly over the project budget. The
bid was rejected by the City Council on December 12, 2023. The project was rebid on
January 11, 2024.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Active.
ATTACHMENTS:
1. Presentation - Slayter Creek Restroom Construction
2. Resolution for Construction Agreement with A T Construction - Restroom Building
at Slayter
3. Slayter Restroom Construction Agreement COMPLETE - Countersigned by A T
Construction - RESOLUTION EXHIBIT 1
4. Bid Summary - Restroom Building, Concrete Work, and Utilities at Slater Creek
Park
Senior Transit Discussion
AWARD CONTRACT
Slayter Creek Restroom Construction
February 27, 2024
Overview
•Project Location
•Project Scope
•Project Funding
Project Location – Slayter Creek Park
New
Restroom
Facility
•Restroom with small covered seating area.
• The Construction of the restroom will be funded through Park Bond Funds and Park Development Funds.
•Construction funding was identified in the 23/24 Capital Improvement Plan, including:
•$200,000 – Park Bond Funds
•$66,000 – Park Development Funds
•2
Project Scope & Funding
Bid Process
• The project was originally bid on October 26, 2023, closing on November
27th, but only one bid was received. In addition, the bid was significantly
over the project budget. The bid was rejected by the City Council on
December 12, 2023.
•The project was rebid on January 11, 2024. The bid process was closed on
February 16th. Four bids were received. The lowest qualified bid was
received from A T Construction, LLC in the amount of $161,300. The bid is
within the project budget.
•The process of re-bidding the project saved the City more than $150,000,
but has shortened the timeline for completion of the project.
Staff Recommendations and Next Steps
• The construction agreement includes the contractor's bid amount as well as a $20,000
owner's contingency. Contingency funds will only be spent at the discretion of the City.
•Due to the importance of the project and the need to open the restroom building before
the splash pad opens, a $25,000 early completion bonus has been included in the
construction agreement. The accelerated completion date is May 16, 2024, which is one
week before the opening of the splash pad. In order for the contractor to receive this early
completion bonus, the restroom must receive a certificate of occupancy from our Building
Department and be deemed open for public use.
•The current project budget allows for the early completion bonus and contingency funds
to be included with no additional funding needed.
•Staff recommends awarding the project to A T Construction LLC, including an owner’s
contingency of $20,000 and an early completion bonus of $25,000.
•Work is anticipated to begin in March.
CITY OF ANNA, TEXAS
RESOLUTION NO. _________________
A RESOLUTION OF THE CITY OF ANNA, TEXAS, APPROVING A
CONSTRUCTION AGREEMENT WITH A T CONSTRUCTION, LLC TO
CONSTRUCT A RESTROOM BUILDING, UTILITIES, AND CONCRETE AT
SLAYTER CREEK PARK.
WHEREAS, the City Council of the City of Anna, Texas, (“City Council”) finds that the construction
agreement with A C Construction, LLC is instrumental and necessary to the installation of a
restroom building, utilities, and concrete at Slayter Creek Park; and
WHEREAS, the City Council considers the construction of a restroom building, utilities, and
concrete at Slayter Creek Park to be beneficial to the neighbors of Anna, Texas, meeting several
goals and objectives set forth in the Strategic Plan adopted by City Council; and
WHEREAS, the City Council approves the proposed construction agreement with A C
Construction, LLC to include the following fee:
“The total amount for fiscal year 2024: $206,300.”
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS, THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes as set forth in full.
Section 2. Approval and Authorization of Agreement.
The City Council hereby approves the extension attached hereto as Exhibit 1 to enter into a
construction agreement with A C Construction, LLC and ratifies and approves the City Manager’s
execution of the same. The City Manager is hereby authorized to execute all documents and to
take all other actions necessary to finalize and enforce the construction agreement with A C
Construction, LLC.
PASSED, APPROVED, AND ADOPTED on first and final reading on this 27th day of February
2024.
ATTEST: APPROVED:
_____________________________ ______________________________
City Secretary, Carrie Land Mayor, Nate Pike
EXHIBIT 1
EXHIBIT A
7
2
4 7241.0%
01/10/24
RESTROOM & CONCRETE
SLAYTER CREEK PARK
425 W Rosamond Parkway
Anna, Texas 75409
SL 1.00
GP 1.00
UT 1.00
UT 1.01
DT 1.00
ST 1.01
ST 1.02
ST 1.03
ST 1.04
ST 1.05
ST 1.06
ST 1.07
2024 ANNA CITY COUNCIL
MAYOR NATE PIKE
MAYOR PRO TEM LEE MILLER
RANDY ATCHLEY, DEPUTY MAYOR PRO TEM
KEVIN TOTEN, PLACE 1
PETE CAIN, PLACE 2
STAN CARVER II, PLACE 3
ELDEN BAKER, PLACE 5
CITY MANAGER: RYAN HENDERSON
CITY SECRETARY: CARRIE LAND
TABLE OF CONTENTS
SITE LAYOUT
GRADING PLAN
UTILITY PLAN
SITE ELECTRICAL PLAN
SITE DETAILS
BUILDING ELEVATION - FRONT
BUILDING ELEVATION - REAR
BUILDING FRAMING
BUILDING ELEVATION - LEFT
BUILDING ELEVATION - RIGHT
BUILDING ELECTRICAL
BUILDING PLUMBING AND FOUNDATION
EXHIBIT B
7
2
4 7241.0%
32
’
-
0
”41’-7”20’-5”6’-
0
”
7’-
0
”
7’-
0
”7’-0”6’-0”
8’-0”8’-0”41’-3”29
’
-
1
1
”
EXTEND THIS EDGE
STRAIGHT TO SIDEWALK
ADJUST DIMENSION TO KEEPIN LINE WITH EXISTINGCONCRETE EDGE
R
E
S
T
R
O
O
M
B
U
I
L
D
I
N
G
EXISTINGFITNESS COURT
R
A
M
P
R
A
M
P
11
’
-
0
”
9’-
8
1
/
2
”
T
Y
P
.
5’-
0
”
PAINTED WHITE STRIPE4” WIDE TYPICAL
P
A
R
K
I
N
G
L
O
T
NEW CONCRETE
5’-
8
1
/
2
”
5’-
8
1
/
2
”6’-0”VAN ACCESSIBLEPARKING SIGN ON POLE
PARKING LOT725.68725.18
725.08 BC725.58 TC
725.34
724.12
724.15
724.06
723.70
723.48
723.65
723.79
723.92
723.181.5%1.5%3.
2
5
%
725 7251.5%
1.5%
3.0%
725 724.93724.52725.03724.62724.77725.13724.73725.09725.25 TC725725.45725.09724.99 BC726724.2724
724724
723.83723.36723.61724.03724.16723.74724.28724.68724.33724.73723.16723.24723.46723.44723.58723.4723 723.24723.08723.26723.12723.05723.09722.76723.01723.12723
723.39722.89723.90723.90723.90723.90724.28724.28724.28724.28724.77
725.12
725.18
724.82725.75
725.75
725.61
725.75
725.75
725.69
724.65
724.25
4%
.05%
1.5%
1.5%
4.4%
2.9%
725.51
725.69
5.4%3.8%0.
9
%
1.8%
FF RESTROOM
725.75
TC 725.58
SLAYTER CREEK PARK
RESTROOM & CONCRETE
DESIGNED BY: DW
CHECKED BY: DW
DATE: 10/6/23
VERSION: 1.0
SITE LAYOUT
SCALE: 1” = 10’
SHEET SL 1.00
01/10/24
NOTES
- CONCRETE SHALL BE 4,000 PSI, #3 REBAR @ 18” O.C.E.W.
- CONSTRUCTION JOINT SHALL BE SEALED WITH SELF-LEVEL-
ING JOINT SEALANT.
- FORMS SHALL BE INSPECTED BY OWNER PRIOR TO POURING
CONCRETE.
- DOWELS WILL BE SMOOTH WITH GREASED END CAPS AND
EPOXIED INTO EXISTING CONCRETE.
7
2
4 7241.0%
R
E
S
T
R
O
O
M
B
U
I
L
D
I
N
G
EXISTINGFITNESS COURT
SLAYTER CREEK PARK
RESTROOM & CONCRETESCALE: 1” = 10’
SHEET GP 1.00
DESIGNED BY: DW
CHECKED BY: DW
DATE: 10/19/23
VERSION: 3.0
LAYOUT PLAN
01/10/24
NEW CONCRETE
R
E
S
T
R
O
O
M
B
U
I
L
D
I
N
G
F
E
E
7
2
5
.
7
5
CURB CUT
PARKING LOTP
A
R
K
I
N
G
L
O
T1.5%1.5%725 7251.5%
1.5%
3.0%
725 724.93724.52725.03724.62724.77725.13724.73725.09725726724
723.83723.36723.61724.03724.16723.74723.09722.76723
723.39722.89724.79724.42L
A
N
D
I
N
G
R
A
M
P
R
A
M
P
724.88
HANDRAIL
724.80724.37
725.12
725.18
724.84724.44
725.61
725.69
725.58724.81
724.79
724.25
.05%
1.5%
725.51
725.695.4%3.8%0.
9
%
724.28
724.35
724.72
SLAYTER CREEK PARK
RESTROOM & CONCRETESCALE: 1” = 10’
SHEET 1 OF XX
DESIGNED BY: DW
CHECKED BY: DW
DATE: 10/6/23
VERSION: 1.0
GRADING PLAN
10/6/23
7
2
4 7241.0%
R
E
S
T
R
O
O
M
B
U
I
L
D
I
N
G
EXISTINGFITNESS COURT
P
A
R
K
I
N
G
L
O
T
NEW CONCRETE
SANITARY SEWER LOCATION
OF CONNECTION
ELECTRICAL CONNECTION IN
SPLASH PAD EQUIPMENT ROOM.
EMPTY CONDUIT OUTSIDE BUILDING
APPROX. 140’ FROM CENTER OF
RESTROOM BUILDING. MUST BORE
UNDER ONE 6’ WIDE WALKWAY.
ANOTHER WALKWAY HAS SLEEVE
FOR ELECTRICAL. EMPTY CONDUIT
STICKING UP OUT OF GROUND.
1.5” SCH 80 WATER LINE
CONNECTION - BALL VALVE
PARKING LOT725.68725.18
725.08 BC725.58 TC
725.34
724.12
724.15
724.06
723.70
723.48
723.65
723.79
723.92
723.181.5%1.5%3.
2
5
%
725 7251.5%
1.5%
3.0%
725 724.93724.52725.03724.62724.77725.13724.73725.09725.25 TC725725.45725.09724.99 BC726724.2724
724724
723.83723.36723.61724.03724.16723.74724.28724.68724.33724.73723.16723.24723.46723.44723.58723.4723 723.24723.08723.26723.12723.05723.09722.76723.01723.12723
723.39722.89723.90723.90723.90723.90724.28724.28724.28724.28724.77
725.12
725.18
724.82725.75
725.75
725.61
725.75
725.75
725.69
724.65
724.25
4%
.05%
1.5%
1.5%
4.4%
2.9%
725.51
725.69
5.4%3.8%0.
9
%
1.8%
FF RESTROOM
725.75
TC 725.58
SLAYTER CREEK PARK
RESTROOM & CONCRETESCALE: 1” = 10’
SHEET UT 1.00
DESIGNED BY: DW
CHECKED BY: DW
DATE: 10/19/23
VERSION: 1.0
UTILITY PLAN
01/10/24
SLAYTER CREEK PARK
RESTROOM & CONCRETESCALE: 1” = 20’
SHEET UT 1.01
DESIGNED BY: GP
CHECKED BY: GP
DATE: 10/27/23
VERSION: 1.0
SITE ELECTRIC PLAN
INSTALL 11 LF
112" CONDUIT
BY OPEN CUT
INSTALL 45°
112" " BEND
INSTALL 8 LF
112" CONDUITBY OPEN CUT
INSTALL 14 LF
112" CONDUIT INEXISTING
SLEEVE
CONTRACTOR TO FIELD BEND
112" CONDUIT AS NEEDED
INSTALL 10 LF
112" CONDUITBY OPEN CUT
INSTALL 71 LF
112" CONDUITBY OPEN CUT
INSTALL 45°
112" BEND
INSTALL 45°
112" BEND
INSTALL 45°
112" BEND
INSTALL 8 LF
112" CONDUITBY OPEN CUT
INSTALL 43 LF
112" CONDUITBY OPEN CUT
INSTALL 37 LF
112" CONDUITBY OPEN CUT
INSTALL 2-45°
112" BENDS
INSTALL 2 LF
112" CONDUITBY OPEN CUT
INSTALL 22.5°
112" BEND
INSTALL 15 LF
112" CONDUIT IN15 LF 3" PVC
SLEEVE
TERMINATE CONDUIT
AT BUILDING FOR
SUB-PANEL
CONNECTION
CONNECT TO
EXISTING CONDUIT
STUB OUT FOR
ELECTRICAL
INSTALL 11 LF
112" CONDUITBY OPEN CUT
MATERIAL LIST
112" CONDUIT 230 LINEAR FEET SCHEDULE 80 PVC
3" SLEEVE 15 LINEAR FEET SCHEDULE 80 PVC
12" 45° BENDS 6 SCHEDULE 80 PVC
12" 22.5° BENDS 1 SCHEDULE 80 PVC
(EXISTING)
NATIVE SOIL
BACKFILL WITH
COMPACTED
NATIVE SOIL
TOPSOIL3"
(MIN)
15"
(MIN)
RE-SEED
6"
(MIN)
PVC
CONDUIT
TRENCH DETAIL
SEAL DATE: 01/10/24
CONCRETE
PAVEMENT
CONCRETE WALK
FITNESS COURT
EQUIPMENT ROOM
RESTROOM
SPLASH PAD
7
2
4 7241.0%
SLAYTER CREEK PARK
RESTROOM & CONCRETESCALE: NTS
SHEET DT 1.00
DESIGNED BY: DW
CHECKED BY: DW
DATE: 10/19/23
VERSION: 1.0
SITE DETAILS
01/10/24
SLAYTER CREEK PARK
RESTROOM & CONCRETESCALE: 1/4” = 1’
SHEET ST 1.01
DESIGNED BY: GP
CHECKED BY: GP
DATE: 10/17/23
VERSION: 1.0
BUILDING ELEVATION - FRONT BUILDING SPECIFICATIONSWALLSALL WALLS ARE 2X4 CONSTRUCTION WITH 2X4’S SPACED AT 16” ON CENTER, WITH PLYWOOD SHEATHING AND FRP WALL BOARD ON THE INTERIOR SIDE. FRP TO BE INSTALLED MARLITE BRAND C-551 FRP ADHESIVE, OR APPROVED ALTERNATE. FRP JOINTS TO BE STAGGERED WITH SHEATHING JOINTS.PAINTPRIMER: 1 COAT, SHERWIN WILLIAMS MULTI-PURPOSE INTERI-OR/EXTERIOR LATEX PRIMER/SEALER, PRODUCT NO. B51W00450, OR OWNER-APPROVED ALTERNATE.TOPCOAT: 2 COATS, SHERWIN WILLIAMS PRO INDUSTRIAL DTM ACRYLIC, PRODUCT NO. B66W01251-16, OR OWNER-APPROVED ALTERNATE.SIDINGLP SMARTSIDE 38 SERIES 8-IN APPLICATION, 4FTX8FT CEDAR TEXTURE OC PANEL ENGINEERED TREATED WOOD SIDING (PROD-UCT MANUAL ATTACHED), OR OWNER-APPROVED ALTERNATE.LP SMARTSIDER 440 SERIES CEDAR TEXTURE TRIM ENGINEERED TREATED WOOD SIDING, 2INX16FT, FASTENED VERTICALLY AT 16” ON CENTER, AND AT TOP AND BOTTOM OF PANELING (PRODUCT MANUAL ATTACHED), OR OWNER-APPROVED ALTERNATE.PLUMBING FIXTURESFAUCETS – AMERICAN STANDARD METERING PILLAR TAP FAUCET WITH EXTENDED SPOUT 0.5 GPM/1.9 LPF, OR APPROVED ALTER-NATE.SINKS – AMERICAN STANDARD DECORUM® WALL-HUNG EVER-CLEAN® SINK WITH CENTER HOLE ONLY, OR APPROVED ALTER-NATE.TOILETS – SLOAN 27231004 WETS2723.1004 ST-2029 WATER CLOSET AND GEM-2 111 FLUSHOMETER, OR APPROVED ALTERNATE.URINALS - SLOAN WEUS1002.1001 WASHDOWN WALL HUNG URINAL, 0.25 GALLONS PER FLUSH, OR APPROVED ALTERNATE.SEAL DATE: 01/10/24
SLAYTER CREEK PARK
RESTROOM & CONCRETESCALE: 1/4” = 1’
SHEET ST 1.02
DESIGNED BY: GP
CHECKED BY: GP
DATE: 10/17/23
VERSION: 1.0
BUILDING ELEVATION - REAR SEAL DATE: 01/10/24
SLAYTER CREEK PARK
RESTROOM & CONCRETESCALE: 1/4” = 1’
SHEET ST 1.03
DESIGNED BY: GP
CHECKED BY: GP
DATE: 10/17/23
VERSION: 1.0
BUILDING FRAMING SEAL DATE: 01/10/24
SLAYTER CREEK PARK
RESTROOM & CONCRETESCALE: 1/4” = 1’
SHEET ST 1.04
DESIGNED BY: GP
CHECKED BY: GP
DATE: 10/17/23
VERSION: 1.0
BUILDING ELEVATION - LEFTSEAL DATE: 01/10/24
SLAYTER CREEK PARK
RESTROOM & CONCRETESCALE: 1/4” = 1’
SHEET ST 1.05
DESIGNED BY: GP
CHECKED BY: GP
DATE: 10/17/23
VERSION: 1.0
BUILDING ELEVATION - RIGHTSEAL DATE: 01/10/24
SLAYTER CREEK PARK
RESTROOM & CONCRETESCALE: 1/4” = 1’
SHEET ST 1.06
BUILDING UTILITIES & FOUNDATION
DESIGNED BY: GP
CHECKED BY: GP
DATE: 10/17/23
VERSION: 1.0 SEAL DATE: 01/10/24
SLAYTER CREEK PARK
RESTROOM & CONCRETESCALE: 3/16” = 1’
SHEET ST 1.07
BUILDING UTILITIES & FOUNDATION
DESIGNED BY: GP
CHECKED BY: GP
DATE: 10/17/23
VERSION: 1.0 SEAL DATE: 01/10/24
Notice 8 (Rev. 12/15) TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS’ COMPENSATION Rule 110.110
EXHIBIT C
REQUIRED WORKERS’ COMPENSATION COVERAGE
The law requires that each person working on this site or providing services related to this construction
project must be covered by workers’ compensation insurance. This includes persons providing, hauling,
or delivering equipment or materials, or providing labor or transportation or other services related to
the project, regardless of the identity of their employer or status as an employee.
Call the Division of Workers’ Compensation at 1-800-252-7031 or access the division’s website at
www.tdi.texas.gov/wc/indexwc.html to receive information on the legal requirement for coverage, to
verify whether your employer has provided the required coverage, or to report an employer’s failure to
provide coverage.
TO THE CONTRACTOR:
Pursuant to Workers’ Compensation Rule 110.110 (d)(7), a contractor engaged in a building or
construction project for a government entity is required to post a notice on each project site informing
all persons providing services on the project that they are required to be covered by workers’
compensation insurance. The notice required by this does not satisfy other posting requirements
imposed by the Texas Workers’ Compensation Act or other Workers’ Compensation Rules. This notice
must:
(1) be posted in English, Spanish and any other language common to the employer’s employee
population;
(2) be displayed on each project site;
(3) state how a person may verify current coverage and report failure to provide coverage;
(4) be printed with a title in at least 30-point bold type and text in at least 19-point normal type;
and
(5) contain the exact words as prescribed in Rule 110.110 (d)(7).
The notice on the reverse side meets the above requirements. Failure to post the notice as required by
this rule is a violation of the Act and Workers’ Compensation Rules. The violator may be subject to
administrative penalties.
Contractor Base Bid Alternate Bid
Bid
Bond Addendums
1
308 Construction, LLC 267,250.00$ - Yes -
2
A T Construction, LLC 161,300.00$ - Yes -
3
Concord Commercial Services, Inc. 299,507.00$ - Yes -
4
Tegrity Contractors Inc. 317,777.00$ - Yes -
5
6
7
8
9
10
11
12
13
Bids Received at 2:00 p.m., Friday, February 16, 2024
Restroom Building, Concrete Work, and Utilities at Slayter Creek Park
BID SUMMARY
L:\Public Works\Project Information\00_Projects\0-Percurment Forms\Bid Summary - Template
Item No. 8.d.
City Council Agenda
Staff Report
Meeting Date: 2/27/2024
Staff Contact:
AGENDA ITEM:
Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074). Boards and
Commissions
SUMMARY:
FINANCIAL IMPACT:
BACKGROUND:
STRATEGIC CONNECTIONS:
ATTACHMENTS: