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HomeMy WebLinkAboutCCpkt2017-02-14A YOUR} HOMETOWN U \171 City Council Work Session Tuesday, February 14, 2017 @ 6:30 PM Anna City Hall, Council Chambers 111 N. Powell Parkway, Anna, Texas 75409 The City Council of the City of Anna will meet in Work Session at 6:30 PM, on February 14, 2017, at the Anna City Hall, Located at 111 North Powell Parkway (Hwy 5), to consider the following items. 1. Call to Order, Roll Call and Establishment of Quorum 2. Briefing/Discussion regarding improvements to the Council Chamber AV system. (City Manager) 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); discuss subdivision and HOA issues. b. 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); discuss potential use tax agreement. c. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of right-of-way, easements, and land for municipal facilities. 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, Carrie L. Smith, City Secretary, posted this agenda at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5.00 p.m. on . Carrie L. Smith, City Secretary 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. i Item No. 2. City Council Agenda Staff Report Meeting Date: 2/14/2017 YOUR} HOMETOWN AGENDAITEM: Briefing/Discussion regarding improvements to the Council Chamber AV system. (City Manager) SUMMARY: Because of difficulties with the sound system in the Council Chambers, Staff has solicited proposals to upgrade and replace as necessary, the AV equipment in the Council Chambers. In addition to audio, we asked for proposals on improvements to the video system, and the addition of an automated voting system and a timer clock. We received six (6) responses to our request for proposals rangeing in price from $15K to $66K. We are recommending the proposal submitted by Pathway Communications Ltd. for a total price of $20,642. A copy of their complete proposal is attached and I have asked a company representative to be at our meeting and explain how the system would work and answer any questions. Funds from the contingency allocation would be used to pay for these improvements. STAFF RECOMMENDATION: ATTACHMENTS: Description Upload Date Type Pathway Communications Proposal 2/9/2017 Backup Material City of Anna 720 Valley Ridge Circle, Suite 13 Lewisville, TX 75057 (972) 436-6161 City Council Chambers Upgrades Date: 1/19/2017 System Designer: John Spaeth Project Location: Ill N Powell Parkway Site Contact: Philip Sanders Anna, TX 75409 Proposals provided for the A/V System upgrades are provided as an upgrade path as well as project pricing for bundling. Audio Upgrades To address the needs for improving the audio reinforcement within the chambers, Pathway Communications recommends replacement of the existing microphones with new Shure desktop boom microphones with muting options. The new microphones will connect to a new digital signal processor which will be installed in the existing equipment rack within the building. A new amplifier and six new lay -in speakers will be installed to provide proper audio coverage through out the room. To allow for control over both individual microphones and master volume levels, a 5" touch panel with built-in controller will be installed. With this controller, a City of Anna provided iOS or Android device can be permitted to control the system wirelessly. Interactive Voting and Digital Count Down Clocks Pathway Communications proposes the installation of a new Interactive Voting system. Under this design a complete package including 12 wireless voting keypads and the software control suite are provided. The software suite will be installed on a City of Anna provided Windows based computer. Within the program, a staff member can pre -build the motions in advance or on -the -fly. The voting keypads can be assigned a roster for individual vote tracking or can be left anonymous if desired. Results can be posted through several templates giving Live results by the individual, percentages, etc. In addition to the voting system, this proposal also includes the installation of two digital countdown clocks with 4" LED characters. The design calls for the integration of the clocks into the control system being utilized for the audio system to streamline the ease of use. Video Systems Upgrades To allow greater flexibility with the current video system and to improve user functionality, Pathway Communications proposes the following system upgrade. A new video processor will be installed within the equipment rack containing the audio equipment. New active HDMI source cabling will be run through protective flex conduit from the two current locations and a new input location at the Mayor's desk. Active HDMI cabling will additionally be installed from this point to the destination devices. The design provided will continue to use the existing projector but will add two 55" LED displays on articulating mounts providing greater visibility to the audience. All aspects of video control will be integrated into the audio control system to allow for increased ease of use for the end user. Project Bundling Options As requested, the proposals provided also have been provided to bundle the audio system upgrade with the voting/digital clock option as well as a complete A/V system upgrade package. 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W _� O OCL C id C) iz• �•' FL r LO E c CO — U t0i c cz w :3 0; D O CDLL F CO ct U O C (d cz r CO N O C O O O U p 0 NTH. o = E U r d' co LO N cl _ Q C\j It CT U_ o66X CO CO O N O U) cd O _O _ Q (n C C O + + CM Q) >, O O C 0 0 0 0-�:�: 0 0 O M X X X X ice- +(Z (d E CTJ p W W W W Cn0- CL C U O I- 0 o O Ci O 00 00 f� O r 00 O Ti 0- 0 O O O _co O (n co LLo •� r Y{OUR} HOMETOWN AGENDA Regular City Council Meeting Tuesday, February 14, 2017 @ 7:30 PM Anna City Hall, Council Chambers 111 N. Powell Parkway, Anna, Texas 75409 The City Council of the City of Anna will meet in Regular Session at 7:30 PM, on February 14, 2017, at the Anna City Hall, Located at 111 North Powell Parkway (Hwy 5), to consider the following items. Welcome to the City Council Meeting. Please sign the Sign -In -Sheet as a record of attendance. If you wish to speak on an open -session agenda item, please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting starts. 1. Call to Order, Roll Call and Establishment of Quorum. 2. Invocation and Pledge of Allegiance. 3. Citizen Comments. Citizens are allowed three minutes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. 4. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. 5. Consent Items. These items consist of non -controversial or "housekeeping" items required by law. Items maybe considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve meeting minutes for 1 /24/2017 Council Meeting. b. Review minutes from the Anna Community Development Corporation special meeting of November 22, 2016 and the regular meeting from January 5, 2017. c. Review minutes of the Anna Economic Development Corporation from January 5, 2017. d. Review Quarterly Investment Report. (Dana Thornhill) e. Ordinance calling for a May 2017 General Election; approving a Election Service Contract with Collin County; and approving a Joint Election Agreement with Anna Independent School District. (City Secretary) f. Resolution approving a Facilities Use Agreement with the Anna Sports Group for 2017. (Maurice Schwanke) g. Resolution authorizing the the Anna Community Development Corporation and the Anna Economic Development Corporation to enter into a professional services agreement with Funderburgh Real Estate for project management and real estate representation for the Anna Business Park property. (Jessica Perkins) h. Resolution authorizing the Anna Economic Development Corporation to expends funds for Engineering Services related to the design and construction of a waterline on the Anna Business Park Property. (Jessica Perkins) 6. Consider/Discuss/Action regarding a Resolution establishing a Comprehensive Plan Advisory Committee. (Maurice Schwanke) 7. Consider/Discuss/Action regarding a Resolution approving a Subdivision Improvement Agreement with LGI Homes -Texas LLC for Northpointe Crossing Phases II -IV. (Maurice Schwanke) 8. Consider/Discuss/Action regarding a Resolution setting a Public Hearing for the purpose of amending the City's Capital Improvements Plan, Land Use Assumptions and Impact Fees. (Joseph Johnson) 9. CLOSED SESSION (EXECEPTIONS) 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), discuss subdivision and HOA issues. b. 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); discuss potential use tax agreement. c. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551. 772); acquisition of right-of-way, easements, and land for municipal facilities. The Council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 10. Consider/Discuss/Action on any items listed on any agenda —work session, regular meeting, or closed session —that is duly posted by the City of Anna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. 11. Adjourn. This is to certify that I, Carrie L. Smith, City Secretary, posted this agenda at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5:00 p.m. on Carrie L. Smith, City Secretary 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. AGENDAITEM: Approve meeting minutes for 1/24/2017 Council Meeting. SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: Description Proposed Minutes Item No. 5.a. City Council Agenda Staff Report Meeting Date: 2/14/2017 Upload Date Type 2/9/2017 Exhibit ANNA CITY COUNCI L MINUTES WORK SESSION January 24, 2017 The City Council of the City of Anna met in Work Session on the above date at Anna City Hall, located at 111 North Powell Parkway (Hwy 5), to consider the following items. 1. Call to Order, Roll Call and Establishment of Quorum Mayor Crist called the meeting to order at 6:30 p.m. All members were present. 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. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); City Secretary annual review. b. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071), discuss annexation regulations & requirements. 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); discuss potential use tax agreement. d. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of right-of-way, easements, and land for municipal facilities. MOTION: Council Member Martinez moved to enter closed session. Council Member Pelham seconded. Motion passed 7-0. Work Session Minutes Janaury 24, 2017 Page 1 of 2 Mayor Crist recessed the meeting at 6:31 p.m. Mayor Crist reconvened the open meeting at 7:31 p.m. The Council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 3. Consider/Discuss/Action on any items listed on any agenda —work session, regular meeting, or closed session —that is duly posted by the City of Anna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. MOTION: Council Member Pelham moved to take no action. Council Member Bryan seconded. Motion passed 7-0. 4. Adjourn. MOTION: Council Member Beazley moved to adjourn. Council Member Bryan seconded. Motion passed 7-0. Mayor Crist adjourned the meeting at 7:32 p.m. Approved on the February 14, 2017. Mayor Mike Crist ATTEST: City Secretary Carrie L. Smith Work Session Minutes Janaury 24, 2017 Page 2 of 2 ANNA CITY COUNCI L MINUTES REGULAR SESSION January 24, 2017 Call to Order/Roll Call and Establishment of Quorum Mayor Crist called the meeting to order at 7:31 p.m. All members present. 2. Invocation and Pledge of Allegiance. Mayor Crist led the Invocation and Pledge. 3. Citizen Comments. Citizens are allowed three minutes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. No comments. 4. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. No Reports. 5. Consent Items. These items consist of non -controversial or "housekeeping" items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve Council meeting minutes from January 10, 2017. Regular Session Minutes January 24, 2017 Page 1 of 5 b. Presentation of 2016 Racial Profiling Report. (Chief Jenks) C. Resolution approving a sponsorship agreement between the Anna Economic Development Corporation (EDC) and the Greater Anna Chamber of Commerce. (Jessica Perkins) RESOLUTION NO. 2017-270 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS APPROVING THE ANNA ECONOMIC DEVELOPMENT CORPORATIONS' 2016-2017 FISCAL YEAR SPONSORSHIP AGREEMENT WITH THE GREATER ANNA CHAMBER OF COMMERCE. d. Resolution approving a sponsorship agreement between the Anna Community Development Corporation (CDC) and the Greater Anna Chamber of Commerce. (Jessica Perkins) RESOLUTION NO. 2017-271 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS APPROVING THE ANNA COMMUNITY DEVELOPMENT CORPORATIONS' 2016 - 2017 FISCAL YEAR SPONSORSHIP AGREEMENT WITH THE GREATER ANNA CHAMBER OF COMMERCE. e. Resolution approving a re -plat of Advantage Self -Storage Addition, Lot 3, Block A. (Maurice Schwanke) RESOLUTION NO.2017-272 A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A RE -PLAT OF LOT 3R, BLOCK A, ADVANTAGE SELF STORAGE ADDITION. f. Resolution approving a Site Plan and Landscape Plan for Anna Dental. (Maurice Schwnake) RESOLUTION NO.2017-273 A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A SITE PLAN AND LANDSCAPE PLAN OF ANNA DENTAL. g. Resolution approving a development plat for the Kalinke Addition. (Maurice Schwanke) RESOLUTION NO.2017-274 A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE "KALINKE DEVELOPMENT PLAT" h. Resolution approving the Merritt Development Plat. (Maurice Schwanke) RESOLUTION NO.2017-275 A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE "MERRITT DEVELOPMENT PLAT" i. Resolution approving the Stinson Addition Development Plat. (Maurice Regular Session Minutes January 24, 2017 Page 2 of 5 Schwanke) RESOLUTION NO.2017-276 A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE "STINSONADDITION DEVELOPMENT PLAT" MOTION: Mayor Crist moved to approve. Council Member Beazley seconded. Motion passed 7-0. 6. Consider/Discuss/Action regarding a Resolution approving a capital investment incentive performance agreement between Kirby -Smith, LLC; KSMI properties, Inc; and the Anna Community Development Corporation. (Jessica Perkins) RESOLUTION NO.2017-277 RESOLUTION APPROVING A BUSINESS DEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVESTMENT AND PERFORMANCE AGREEMENT BETWEEN THE ANNA COMMUNITY DEVELOPMENT CORPORATION AND KIRBY SMITH MACHINERY, INC. AND KSMI PROPERTIES, LLC AND AUTHORIZING THE GRANT OF FUNDS UNDER SAID AGREEMENT MOTION: Council Member Pelham moved to approve. Mayor Crist seconded. Motion passed 7-0. 7. Consider/Discuss/Action regarding an Ordinance amending the Anna City Code of Ordinances by amending Part II, Article IV (Animals), Section 6 (Requirements of Livestock), and adding Section 6.08 (Harboring Chickens). (Maurice Schwanke) ORDINANCE NO. 738-2017 AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY CODE OF ORDINANCES BY AMENDING PART II, ARTICLE IV (ANIMALS), SECTION 6 (REQUIREMENTS OF LIVESTOCK), AND ADDING SECTION 6.08 (HARBORING CHICKENS); PROVIDING FOR A PENALTY FOR ANY VIOLATION OF THIS ORDINANCE NOT TO EXCEED $2000; PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. MOTION: Council Member Miller moved to approve. Council Member Bryan seconded. Motion passed 7-0. 8. Consider/Discuss/Action authorizing the General Manager of the Greater Texoma Utility Authority (GTUA) to execute a contract with Corrosion Eliminators LLC for the Sherley Above Ground Storage Tank Rehabilitation Project. (Joseph Johnson) RESOLUTION NO.2017-278 Regular Session Minutes January 24, 2017 Page 3 of 5 A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE GENERAL MANAGER OF THE GREATER TEXOMA UTILITY AUTHORITY TO EXECUTE A CONTRACT WITH CORROSION ELIMINATORS LLC FOR THE SHERLEY ABOVE GROUND STORAGE TANK REHABILITATION PROJECT. MOTION: Council Member Martinez moved to approve. Council Member Beazley seconded. Motion passed 7-0. 9. Consider/Discuss/Action on a Resolution Approving Interlocal Agreements with the cities of Van Alstyne and Howe regarding purchase of water (City Manager) RESOLUTION NO. 2017-279 A RESOLUTION RELATED TO TWO INTER -LOCAL AGREEMENTS BETWEEN THE CITIES OF ANNA AND VAN ALSTYNE, AND THE CITIES OF ANNA AND HOWE IN WHICH VAN ALSTYNE AND HOWE AGREE TO TRANSFER A PORTION OF THEIR RESPECTIVE CONTRACTUAL MINIMUM TAKE OR PAY WATER OBLIGATION WITH THE GREATER TEXOMA UTILITY AUTHORITY TO THE CITY OF ANNA IN EXCHANGE FOR AN AGREED PAYMENT FROM ANNA AND AUTHORIZING THE EXECUTION AND ADMINISTRATION OF SAID INTER -LOCAL AGREEMENTS MOTION: Council Member Bryan moved to approve. Council Member Martinez seconded. Motion passed 7-0. 10. CLOSED SESSION (EXECEPTIONS) 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. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); City Secretary annual review. b. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071) discuss annexation regulations & requirements. 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 Regular Session Minutes January 24, 2017 Page 4 of 5 subdivision (1). (Tex. Gov't Code §551.087); discuss potential use tax agreement. d. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of right-of-way, easements, and land for municipal facilities. MOTION: Council Member Bryan moved to enter closed session. Council Member Miller seconded. Motion carried 7-0. Mayor Crist recessed the meeting at 7:49 p.m. Mayor Crist reconvened the open meeting at 8:50 p.m. 11. Consider/Discuss/Action on any items listed on the posted agenda or any closed session occurring during this meeting, as necessary MOTION: Council Member Bryan moved to take no action. Council Member Beazley seconded. Motion passed 7-0. 12. Adjourn. MOTION: Council Member Beazley moved to adjourn. Council Member Bryan seconded. Motion passed 7-0. Mayor Crist adjourned the meeting at 8:50 p.m. Approved on the February 14, 2017. Mayor Mike Crist ATTEST: City Secretary Carrie L. Smith Regular Session Minutes January 24, 2017 Page 5 of 5 AGENDAITEM: Item No. 5.b. City Council Agenda Staff Report Meeting Date: 2/14/2017 Review minutes from the Anna Community Development Corporation special meeting of November 22, 2016 and the regular meeting from January 5, 2017. SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: Description Upload Date Type Anna CDC minutes November 22 2016 2/9/2017 Backup Material Anna CDC minutes January 5, 2017 2/9/2017 Backup Material COMMUNITY DEVELOPMENT CORPORATION SPECIAL MEETING MINUTES ANNA COMMUNITY DEVELOPMENT CORPORATION November 22, 2016 at 7:00 p.m.' ANNA CITY HALL ADMINISTRATION BUILDING, 111 N. POWELL PKWY., ANNA, TEXAS The Anna Community Development Corporation ("CDC") of the City of Anna met at 7:00 p.m.', on Tuesday, November 22, 2016, at the Anna City Hall Administration Building, 111 North Powell Parkway (Hwy. 5), Anna, Texas. 1. Call to Order John Houcek, President, called the meeting to order at 7:23 p.m., and after roll call and the establishment of a quorum, the following items were presented to the Directors for their consideration. 2. Roll Call and Establishment of Quorum. Directors in attendance: Alonzo Tutson, Doug Herman, John Houcek, Brent Thomas, Michael Williams, and Nate Pike were present. Directors in Abstention: Connie Stump was absent. A quorum was declared present and the floor was open for business. Others in attendance: Clark McCoy, legal counsel for CDC; Jessica Perkins, Chief Administrative Officer. Guests: Rudy Segura, Bond Counsel 3. Invocation and Pledge. John Houcek gave the invocation and led the group in the Pledge of Allegiance 4. Consider/Discuss/Action approving a resolution of the Anna Community Development Corporation authorizing the issuance and sale of Sales Tax Revenue Bonds by the Corporation; Affirming a Sales Tax Remittance Agreement; and enacting other provisions relating to the subject. 1 ADDITIONAL NOTICE REGARDING MEETING TIME: In the event that the Anna Economic Development Corporation meets at the same time and place scheduled for this meeting, then this meeting will be delayed and will begin immediately after the conclusion of the meeting of the Anna Economic Development Corporation. IMPORANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meetings Act. Disabled person who want to attend the meeting and may need assistance should contact the City Secretary at 972-924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 11-22-2017 Special CDC Meeting — Page 1 The Anna Community Development Corporation (CDC) has negotiated the purchase of an 85-acre tract of land generally located at the northeast corner of SH and the Collin County Outer Loop. The Corporation intends to develop and market the land as a Business Park to increase employment in Anna and diversify the tax base. After reviewing financing options, the CDC and Anna Economic Development Corporation (EDC) decided to jointly purchase the property. Both corporations will use cash toward a down payment and the CDC will finance the remainder of the purchase price with a bond. The attached resolution authorizes the CDC to issue sales tax revenue bonds for the purchase of the property. The aggregate principal amount of the Bonds will not exceed $3,100,000. 5. Adjourn. Nate Pike made a motion to adjourn the meeting. Brent Thomas seconded the motion and the meeting adjourned at 7:52 p.m. APPROVED: John Houcek President of CDC ATTESTED: Sherilyn Godfrey Secretary of CDC IMPORANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meetings Act. Disabled person who want to attend the meeting and may need assistance should contact the City Secretary at 972-924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 11-22-2017 Special CDC Meeting — Page 2 MINUTES OF REGULAR MEETING OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION D VOL MUNITY NT Thursday, January 5, 2017 CORPORATION The Anna Community Development Corporation ("CDC') of the City of Anna met at 5:00 p.m.', on Thursday, January 5 2017, at the Anna City Hall Administration Building, 111 North Powell Parkway (Hwy. 5), Anna, Texas. Call to Order, Roll Call and Establishment of Quorum. Alonzo Tutson, Vice -President, called the meeting to order at 6:20 p.m. After roll call and the declaration that a quorum was present, the floor was open for business. Directors in attendance: Alonzo Tutson, Brent Thomas, Connie Stump, and Nate Pike were present. Directors in Abstention: John Houcek (ill), Doug Hermann and Michael Williams were absent. Staff in attendance: Clark McCoy, legal counsel for the CDC and EDC boards; Jessica Perkins, Chief Administrative Officer; and Sherilyn Godfrey, secretary. Speakers: Kevin Hall, President of Greater Anna Chamber of Commerce; and Phyllis Jarrell, owner of Centric Planning, LLC, were present. 2. Invocation and Pledge. N/A. 3. Consider/Discuss/Action approving a resolution for a sponsorship agreement with the Greater Anna Chamber of Commerce. Because of the general election held in November reallocated '/4% more of the sales tax revenue to the City and not knowing when the comptroller will make the change in the allocation, all monies for funding the Greater Anna Chamber of Commerce was delayed. On May 1st, GACC will be sponsoring their annual golf tournament and the 41h of July celebration will be held at the Football Stadium with the CDC sponsoring the event in a 'NOTICE REGARDING MEETING TIME: In the event that the Anna Economic Development Corporation meets at the same time and place scheduled for this meeting, then this meeting will be delayed and will begin immediately after the conclusion of the meeting of the Anna Community Development Corporation. IMPORANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meetings Act. Disabled person who want to attend the meeting and may need assistance should contact the City Secretary at 972-924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 01-05-2017 Reg CDC Meeting — Page 1 monetary amount not to exceed $7,500.00. Nate Pike made a motion to adopt the resolution and to authorize the Chief Administrative Officer to sign an Agreement with GACC; and to charge CDC's line item in an amount not to exceed $3000.00 for the golf tournament and $7500 for July 4t".. Connie Stump seconded the motion. Motion passed. 4. CLOSED SESSION (EXECEPTIONS): a. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072). b. Consult with legal counsel on matters in which the duty of the attorney to the government body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the government Code (Tex. Gov't Code §551.071). Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the Board of Directors has received from a business prospect that the Board of Directors seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the Board is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1) (Tex. Gov't Code §551.087); Simply Floor It. Not Necessary. 5. Consider/Discuss/Action approving a resolution authorizing an Economic Development Performance Agreement with Kirby - Smith Machinery, Inc. and KSMI Properties, LLC. Kirby -Smith Machinery, Inc. and KSMI Properties LLC (hereinafter, collectively, referred to as "KSMI") is to become the first business located within the business park. In exchange for a capital business incentive grant, KSMI will collectively invest $8M in a new facility, machinery and equipment; create ten (10) new jobs within thirty-six (36) months; construct a local commercial street within the business park; extend the sanitation line; and reimburse the CDC for their portion of the water Iine.The City will approximately gain $200,000 in local sales tax revenue. Brent Thomas made a motion to adopt the resolution authorizing CDC to enter into a business incentive grant with KSMI in accordance with a Capital Performance Agreement, attached hereto as Exhibit 'A" and incorporated herein for all purposes; and to authorize the CDC President to execute same on behalf of CDC, subject to the approval as to form 'NOTICE REGARDING MEETING TIME: In the event that the Anna Economic Development Corporation meets at the same time and place scheduled for this meeting, then this meeting will be delayed and will begin immediately after the conclusion of the meeting of the Anna Community Development Corporation. IMPO RANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meetings Act. Disabled person who want to attend the meeting and may need assistance should contact the City Secretary at 972-924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 07-07-2016 Reg CDC Meeting — Page - 2 by legal counsel for CDC, final content by the Chief Administrative Officer and approval by City Counsel. Connie Stump seconded the motion. Motion carried. 6. Consider/Discuss/Action adopting the minutes from November 3, 2016 Nate Pike made a motion to adopt the minutes as written. Brent Thomas seconded the motion. Motion passed. 9. Adjourn. Brent Thomas made a motion to adjourn the meeting. Nate Pike seconded the motion and the meeting adjourned at 7:08 p.m. APPROVED: John Houcek President of CDC ATTESTED: Sherilyn Godfrey Secretary of CDC 'NOTICE REGARDING MEETING TIME: In the event that the Anna Economic Development Corporation meets at the same time and place scheduled for this meeting, then this meeting will be delayed and will begin immediately after the conclusion of the meeting of the Anna Community Development Corporation. IMPO RANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meetings Act. Disabled person who want to attend the meeting and may need assistance should contact the City Secretary at 972-924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 07-07-2016 Reg CDC Meeting — Page - 3 Item No. 5.c. City Council Agenda Staff Report Meeting Date: 2/14/2017 YOUR} HOMETOWN AGENDAITEM: Review minutes of the Anna Economic Development Corporation from January 5, 2017. SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: Description Upload Date Type Anna EDC Minutes January 5, 2017 2/1 /2017 Backup Material MINUTES OF REGULAR MEETING OF THE ANNA ECONOMIC DEVELOPMENT CORPORATION ECONOMIC DEVELOPMENT Thursday, January 5, 2017 CORPORATION The Anna Economic Development Corporation ("EDC") of the City of Anna met at 5:00 p.m.', on Thursday, January 5 2017, at the Anna City Hall Administration Building, 111 North Powell Parkway (Hwy. 5), Anna, Texas. Call to Order, Roll Call and Establishment of Quorum. Connie Stump, President, called the meeting to order at 5:10 p.m. After roll call and a declaration that a quorum was present, the floor was open for business. Directors in attendance: Alonzo Tutson, Brent Thomas, Connie Stump, and Nate Pike were present. Directors in Abstention: John Houcek (ill), Doug Hermann and Michael Williams were absent. Staff in attendance: Clark McCoy, legal counsel for the CDC and EDC boards; Jessica Perkins, Chief Administrative Officer; and Sherilyn Godfrey, secretary. Speakers: Kevin Hall, President of Greater Anna Chamber of Commerce; and Phyllis Jarrell, owner of City Centric Planning, LLC, were present. 2. Invocation and Pledge. Connie Stump gave the invocation and led the group in the Pledge of Allegiance. 3. Consider/Discuss/Action approving a professional services agreement with City Centric Planning, LLC for consulting services related to the development of a PD (planned development zoning) and the development and design of Covenants, Conditions, and Restriction ("CCR's") for the proposed Anna Business Park. Ms. Perkins informed the Board that Richard Ferrera had backed out of his business agreement with the City in regards to the aforementioned project. Phyllis Jarrell, owner of the City Centric Planning, LLC, was introduced to the Board members who then gave a brief presentation regarding her educational background and thirty-two (32) years of [Type text] 'NOTICE REGARDING MEETING TIME: In the event that the Anna Economic Development Corporation meets at the same time and place scheduled for this meeting, then this meeting will be delayed and will begin immediately after the conclusion of the meeting of the Anna Community Development Corporation. IMPORANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meetings Act. Disabled person who want to attend the meeting and may need assistance should contact the City Secretary at 972-924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 01-05-2017 Reg EDC Meeting — Page 1 job experience. Ms. Jarrell's duties include visiting the property to determine which conditions may influence and impact CCR's; consult with the City to determine which entity will perform the design review; draft CCR's and PD stipulations; prepare documents for filing and recording; and gain approval of planned development zoning and adoption of PD stipulations. Ms. Jarrell with be meeting with Mr. Schwanke, the City Planner in the near future to acquaint herself with the City's ordinances and regulations. Nate Pike made a motion to adopt the resolution authorizing the Chief Administrative Officer to procure the professional services of City Centric Planning LLC, more fully described in Exhibit 'A," and to execute all necessary documents, on behalf of EDC, to consummate the business relationship subject to the approval of the form and content by EDC's legal counsel. The motion was seconded by Alonzo Tutson. Motion passed. 4. Consider/Discuss/Action approving a resolution for a sponsorship agreement with the Greater Anna Chamber of Commerce. Because of the general election held in November reallocated '/4% more of the sales tax revenue to the City and not knowing when the comptroller will make the change in the allocation, all monies for funding the Greater Anna Chamber of Commerce was delayed. In the near future, the GACC will be sponsoring two events with the financial support of EDC. On February 25, GACC will host their annual dinner, with EDC contributing $5,000.00. The 41h of July celebration will be held at the Football Stadium with the EDC sponsoring the event in a monetary amount not to exceed $7,500.00. Brent Thomas made a motion to adopt the resolution sponsoring the aforementioned GACC events, authorizing the Chief Administrative Officer to sign an Agreement with GACC; and to charge EDC's line item in an amount not to exceed $7,500.00 for the fireworks display and $5000.00 for the annual banquet sponsorship. Nate Pike seconded the motion. Motion passed. 5. Consider/Discuss/Action adopting a resolution approving expenditure of funds for regular janitorial cleaning services at 312 North Powell Parkway. Ms. Perkins received four bids regarding janitorial cleaning services. After some discussion, it was decided to hire Prestige who is bonded and insurance and does not require a contract. Several letters of recommendations were attached to Prestige's quote. Brent Thomas made a motion to adopt the resolution and to approve and authorize the expenditure of funds for regular janitorial services at 312 North Powell Parkway in an amount not to excess $3,000 per year. Motion was seconded by Nate Pike. Motion passed. 'NOTICE REGARDING MEETING TIME: In the event that the Anna Economic Development Corporation meets at the same time and place scheduled for this meeting, then this meeting will be delayed and will begin immediately after the conclusion of the meeting of the Anna Community Development Corporation. IMPORANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meetings Act. Disabled person who want to attend the meeting and may need assistance should contact the City Secretary at 972-924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 01-05-2017 Reg EDC Meeting — Page 2 6. Update on 312 North Powell Parkway conversion to Inc -Cube. Inc -Cube has three tenants and has collected one month's rent. The security system is being revamped as in the past it was only used by Image Vision. There were issues with the install of the cubicles but they have been work out. The facility is ready to begin marketing and adding additional tenants. Each cubicle has a desk, chair, an outlet, and equipped with Wi-Fi. There are no desk telephones since most people use a cell phone, but can be easily added if a tenant requests a desk phone. An adjustment in the rent may be forthcoming. 7. Consider/Discuss/Action adopting a resolution authorizing the expenditure of funds to erect a monument sign at 312 North Powell Parkway. Brent made a motion to table the aforementioned. Alonzo Tutson seconded the motion. Motion passed. 8. Consider/Discuss/Action adopting the minutes from November 3, 2016. Nate Pike made a motion to adopt the minutes as written. Alonzo Tutson seconded the motion. Motion passed. 9. Adjourn. Alonzo Tutson made a motion to adjourn the meeting. Nate Pike seconded the motion and the meeting adjourned at 6:19 p.m. APPROVED: Constance Ann Stump President of EDC ATTESTED: Sherilyn Godfrey Secretary of EDC 'NOTICE REGARDING MEETING TIME: In the event that the Anna Economic Development Corporation meets at the same time and place scheduled for this meeting, then this meeting will be delayed and will begin immediately after the conclusion of the meeting of the Anna Community Development Corporation. IMPORANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meetings Act. Disabled person who want to attend the meeting and may need assistance should contact the City Secretary at 972-924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 01-05-2017 Reg EDC Meeting — Page 3 i Item No. 5.d. City Council Agenda Staff Report Meeting Date: 2/14/2017 YOUR} HOMETOWN AGENDAITEM: Review Quarterly Investment Report. (Dana Thornhill) SUMMARY: In accordance with the Public Funds Investment Act, the City of Anna is required to submit a quarterly report on the investment of all Public Funds held by the City. The attached report has been developed with our investment advisors, Valley View Consulting, LLC. The report includes the following: • Review of economic conditions • Review of the City's holdings • Comparison of book vs. market value • Allocation information • Other information related to the PFIA. STAFF RECOMMENDATION: No action by the City Council is required. ATTACHMENTS: Description Upload Date Type Quarterly Investment Report Dec 2016 2/6/2017 Staff Report CITY OF ANNA, TEXAS QUARTERLY INVESTMENT REPORT For the Quarter Ended December 31, 2016 Prepared by Valley View Consulting, L.L.C. The investmept Yortfolio of the City of Anna is in compliance with the Public Funds Investment Act and the T?lve ment PblidV and Strateoies. Disclaimer: These reports were compiled using information provided by the City. No procedures were performed to test the accuracy or completeness of this information. The market values included in these reports were obtained by Valley View Consulting, L.L.C. from sources believed to be accurate and represent proprietary valuation. Due to market fluctuations these levels are not necessarily reflective of current liquidation values. Yield calculations are not determined using standard performance formulas, are not representative of total return yields, and do not account for investment advisor fees. Summary Quarter End Results by Investment Category: December 31, 2016 September 30, 2016 Asset Type Ave. Yield Book Value Market Value Book Value Market Value Bank DDA/MMA/NOW 0.55% $ 14,017,132 $ 14,017,132 $ 13,541,143 $ 13,541,143 TexPool 0.46% 263,345 263,345 263,071 263,071 Securities/CDs 0.65% 246,107 246,107 245,550 245,550 Totals $ 14,526,584 $ 14.526.584 $ %049.763 $ 14.049.763 Current Quarter Average Yield (1) Total Portfolio 0.55% Rolling Three Mo. Treas. Yield 0.30% Rolling Six Mo. Treas. Yield 0.42% Quarterly Interest Income $ 15,932 Year-to-date Interest Income $ 15,932 Fiscal Year -to -Date Average Yield (2) Total Portfolio 0.55% Rolling Three Mo. Treas. Yield 0.43% Rolling Six Mo. Treas. Yield 0.50% Quarterly TexPool Yield 0.46% (1) Average Yield calculated using quarter end report yields and adjusted book values and does not reflect a total return analysis or account for advisory fees. (2) Fiscal Year -to -Date Average Yields calculated using quarter end report yields and adjusted book values and does not reflect a total return analysis or account for advisory fees. Valley View Consulting, L.L.C. Page 1. Economic Overview 12/31/2016 The Federal Open Market Committee (FOMC) raised the Fed Funds target range to 0.50%- 0.75% (actual Fed Funds currently trading +/-65 bps). The FOMC also projected the possibility of three additional increases during 2017. Third Quarter US GDP revised up to 3.5%. Other economic data recorded mixed results. December Non Farm Payroll Employment provided 156.000 new jobs. The US Stock markets recorded record highs. Treasury yields peaked and settled slightly lower. When available, CD and Taxable Municipal yields generally exceed government securities. The banks' reactions to recent market movements will determine if MMAs and CDs continue to be attractive. Treasury Yield Curves 3.0o 2.50 2.00 1.50 1.00 0.50 0 00 S&P 500 2,500 2,250 2,000 1,750 1,500 1,250 - VFW 1,000 750 500 250 p p p 0 O��lt`OJfrf¢ y4y¢ Jk1- yV- J(y 0 n M1 9 g �o gm� �ya� ga'1 gal gal gal yak iya� ga'K �,al December 31, 2015 September 30, 2016 —December 31, 2016 US Treasury Historical Yields - Since 2006 5.50 5.00 4.50 4.00 3.50 3.00 2.50 2.00 1.50 1.00 0.50 0 00 �Wr rl Six Month.T-Bill. — Two Year T-Note Ten Year T-Note 3.00 2.50 2.00 1.50 1.00 0,50 0.00 2°�15 US Treasury Historical Yields - Since Nov 2016 Valley View Consulting, L.L.C. Page 2. Investment Holdings December 31, 2016 Coupon/ Maturity Settlement Book Market Market Life Description Ratings Discount Date Date Par Value Value Price Value (days) Yield Independent Bank 0.55% 01/01/17 12/31/16 $ 14,017,132 $ 14,017,132 1.000 $ 14,017,132 1 0.55% TexPool AAAm 0.46% 01/01/17 12/31/16 263,345 263,345 1.000 263,345 1 0.46% Texas Star Bank CD 0.65% 04/07/18 04/07/16 246,107 246,107 1.000 246,107 462 0.65% $ 14,526,584 $ 14,526,584 $ 14,526,584 9 0.55% (1) (2) (1) Weighted average life - For purposes of calculating weighted average life, pool and bank account investments are assumed to have a one day maturity. (2) Weighted average yield to maturity - The weighted average yield to maturity is based on adjusted book value, realized and unrealized gains/losses and investment advisory fees are not considered. The yield for the reporting month is used for pool and bank account investments. Valley View Consulting, L.L.C. Page 3. Rank nnAIMMAMnVJ Portfolio Composition Total Portfolio (Millions) 2% - 0.60 0.60 0.40 0.30 a 0:20 0.10 $20 $16 $16 - $14 $12 $10 . $6 - - - - - - - $6 - $4- - - - - - - - - - - - - - $2 - - - - - - - - - - - - - $0 11 `1 ^\ M1 1. ; 9 'f A ,A `A �P P P \ `9 6 0 o b `b Total Portfolio Performance 0.06 Mer.13,JK1 �P.10e�1 �e\,1 �0�.1 �p,1 oPf,A Merl �ooA se715 e�.1s a\Aa 16 10 16 TexPool Weighted Average Yield Valley VYe Cen..IU,,L.Le. Page 4. Book Value Comparison September 30, 2016 December 31, 2016 Coupon/ Maturity Purchases/ Sales/Adjust/ Description Discount Date Par Value Book Value Adjustments Maturities Par Value Book Value Independent Bank 0.55% 01/01/17 $ 13,541,143 $ 13,541,143 $ 475,989 $ — $ 14,017,132 $ 14,017,132 TexPool 0.46% 01/01/17 263,071 263,071 274 263,345 263,345 Texas Star Bank CD 0.65% 04/07/18 245,550 245,550 557 246,107 246,107 TOTAL $ 14,049,763 $ 14,0492763 $ 476,820 $ — $ 14,626,584 $ 14,526,584 Market Value Comparison September 30, 2016 December 31, 2016 Coupon/ Maturity Qtr to Qtr Description Discount Date Par Value Market Value Change Par Value Market Value Independent Bank 0.55% 01/01/17 $ 13,541,143 $ 13,541,143 $ 475,989 $ 14,017,132 $ 14,017,132 TexPool 0.46% 01/01/17 263,071 263,071 274 263,345 263,345 Texas Star Bank CD 0.65% 04/07/18 245,550 245,550 TOTAL $ 14,049,763 $ 14,049,763 557 246,107 246,107 $ 476,820 $ 14,526,684 $ 14,526,584 Page 5. Valley View Consulting, L.L.C. Allocation December 31, 2016 General Debt Service General Utilities General Fund - Fund - Capital Utilities Funds - Book & Market Value Total Operating Restricted General Projects Operating Restricted EDC CDC Independent Bank $ 14,017,132 $ 2,665,714 $ 55,669 $ 495,979 $ 773,050 $ 4,641,235 $ 4,896,737 $ 190,201 $ 298,547 TexPool 263,345 206,591 56,754 Texas Star Bank CD 246.107 Totals Page 6. Valley View Consulting, L.L.C. Allocation September 30, 2016 General Debt Service General Utilities General Fund - Fund - Capital Utilities Funds - Book & Market Value Total Operating Restricted General Projects Operating Restricted EDC CDC Independent Bank $ 13,541,143 $ 1,093,210 $ 71,795 $ 2,848 $ 804,545 $ 4,854,205 $ 5,304,274 $ 846,402 $ 563,865 TexPool 263,071 206,376 56,695 Texas Star Bank CD Totals Page 7. Valley View Consulting, L.L.C. Item No. 5.e. City Council Agenda Staff Report Meeting Date: 2/14/2017 YOUR} HOMETOWN AGENDAITEM: Ordinance calling for a May 2017 General Election; approving a Election Service Contract with Collin County; and approving a Joint Election Agreement with Anna Independent School District. (City Secretary) SUMMARY: In accordance with Secs. 3.004, 3.006, 85.004, and 85.007, Texas Election Code, the Mayor and City Council are to authorize the election not later than February 2017. This ordinance calls and gives notice of the May general election and approves a contract for election services with Collin County Elections Administrator and an agreement with AI SD for a joint election. STAFF RECOMMENDATION: Staff recommends approval of the attached ordinance, contract and agreement. ATTACHMENTS: Description Upload Date Type 2016 Election Order 11 /30/2016 Ordinance Proposed Ordinance 2/9/2017 Ordinance CITY OF ANNA, TEXAS ORDINANCE NO. 711-2016 (May 7, 2016 General Election Order) AN ORDINANCE OF THE CITY OF ANNA, TEXAS, ORDERING A GENERAL ELECTION FOR MAY 7, 2016 TO ELECT (3) THREE CITY COUNCIL MEMBERS AT - LARGE, ALL FOR THREE-YEAR TERMS; PROVIDING FOR RUNOFF ELECTION; PROVIDING FOR A JOINT ELECTION WITH COLLIN COUNTY ELECTIONS ADMINISTRATION AND ANNA INDEPENDENT SCHOOL DISTRICT, DESIGNATING POLLING PLACES AND PROVIDING FOR EARLY VOTING, NOTICE AND OTHER MATTERS RELATING TO SAID ELECTION. WHEREAS, state law has established the second Saturday in May as the date for general municipal elections; and WHEREAS, by this ordinance, it is the intention of the City Council to call the General Election, designate a polling place for the election, to appoint the necessary election officers and to establish and set forth procedures for conducting the election. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: SECTION 1. ELECTION ORDER An election is hereby, ordered to be held in the City of Anna, Texas on Saturday, May 7, 2016, for the purpose of, electing three (3) city council members at -large for each a three-year term to the following offices: Council Member Place 2 Council Member Place 4 Council Member Place 6 SECTION 2. JOINT ELECTION Such election shall be held jointly with Collin Council Elections Administration and Anna Independent School District. (Exhibits A & B) SECTION 3. ELECTION DAY POLLING PLACE On May 7, 2016, Election Day, the polls shall be open from 7:00 a.m. to 7:00 p.m. and shall be held at Collin County Vote Centers* which includes: CITY OF ANNA, TEXAS ORDINANCE 711-2016 PAGE 1 OF 3 Anna City Hall 111 N. Powell Parkway Anna, Texas 75409 *Vote Centers - City and School District voters may vote at any of the additional Election Day Vote Centers open under full contract services with the Collin County Elections Administration. SECTION 3. EARLY VOTING Early voting by personal appearance shall be by the use of the Digital Reading Equipment (DRE) voting system in accordance with the Texas Election Code. Early Voting by personal appearance shall be held at Collin County Vote Centers* which includes: Anna City Hall 111 N. Powell Parkway Anna, Texas 75409 The dates and times for early voting by personal appearance are as follows: Monday April 25, 2016 8:00 a.m. to 5:00 p.m. Tuesday April 26, 2016 8:00 a.m. to 5:00 p.m. Wednesday April 27, 2016 8:00 a.m. to 5:00 p.m. Thursday April 28, 2016 8:00 a.m. to 7:00 p.m. Friday April 29, 2016 8:00 a.m. to 5:00 p.m. Saturday April 30, 2016 8:00 a.m. to 5:00 p.m. Monday May 2, 2016 7:00 a.m. to 7:00 p.m. Tuesday May 3, 2016 7:00 a.m. to 7:00 p.m. *Vote Centers - City and School District voters may vote at any of the additional Election Day Vote Centers open under full contract services with the Collin County Elections Administration. SECTION 4. VOTE BY MAIL Collin County Elections Administrator, Bruce Sherbet is designated as the early voting clerk. Applications for ballots by mail must be mailed to: Bruce Sherbet Elections Administrator 2010 Redbud Blvd., Ste 102 McKinney, Texas 75069 SECTION 6. PERSONS QUALIFIED TO VOTE CITY OF ANNA, TEXAS ORDINANCE 711-2016 PAGE 2 OF 3 Eligible voters include qualified voters residing within the corporate limits of the City of Anna. This election shall be held and conducted in accordance with the provisions of the Texas Election Code. SECTION RUNOFF DATE Any Runoff Election required for the election of Council members, ensuing from the general election of May 7, 2016 shall be held on Saturday June 18, 2016 or as designated by the joint election contract in accordance with the Texas Election Code. SECTION 5. ADMINISTRATION AND PROCEDURES OF THE ELECTION The City Manager is hereby authorized and directed to enter into a joint elections agreement for said election with Collin County Elections Administration and Anna Independent School District and to execute such election agreements for said election. SECTION 6. DISCLAIMER If any section, subsection, sentence, clause, or phrase of this ordinance, or its application to a particular set of persons or circumstances, is declared invalid or adjudged unconstitutional by a court of competent jurisdiction, it does not affect the remaining portions of this ordinance, as the various portions and provisions of this ordinance are severable. The City Council of the City of Anna, Texas, declares that it would have passed each and every part of this ordinance notwithstanding the omission of any part that is declared invalid or unconstitutional. PASSED by the City Council of the City of Anna, Texas, this 9th day of February, 2016. ATTESTED: APPROVED: City Secretary Carrie L. Smith Mayor Mike Crist CITY OF ANNA, TEXAS ORDINANCE 711-2016 PAGE 3 OF 3 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, ORDERING A GENERAL ELECTION TO BE HELD ON MAY 6, 2017 FOR THE PURPOSE OF ELECTING TWO (2) CITY COUNCIL MEMBERS; DESIGNATING POLLING PLACES; ORDERING NOTICES OF ELECTION TO BE GIVEN; AUTHORIZING EXECUTION OF JOINT ELECTION CONTRACTS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in accordance with the general laws and Constitution of the State of Texas and the Charter of the City of Anna, Texas, a Municipal Officers' election is to be held on the first Saturday in May; and WHEREAS, it is necessary that the City Council of the City of Anna order an election to be held on the 6th day of May 2017, 7:00 a.m. to 7:00 p.m., for the purpose of electing two (2) council members for Places 3 and 5; and WHEREAS, the election shall be held as a Joint Election with the Anna Independent School District ("ISD") and 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 a Joint Election Contract with the ISD and the Collin County Elections Administrator; and WHEREAS, the City of Anna accepts Collin County Election Administration's use of the direct record and optical scan voting systems, which have been certified by the Secretary of State in accordance with the Texas Election Code and approved by the United States Department of Justice. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: SECTION 1. ELECTION ORDER An election is hereby ordered to be held by the City of Anna, Texas, on Saturday, May 6, 2017, for the purpose of electing two (2) council members for Places 3 and 5. Polling locations for the election will be determined in the Joint Election Contract with the ISD and the Collin County Elections Administrator. The polling locations shall be open between the hours of 7:00 a.m. and 7.00 p.m. the date of the election. The election will be conducted in accordance with the Texas Election Code, the above -referenced Joint Election Contract, and a Joint Election Agreement, by and between the City, the ISD and the Board of Trustees of Collin College District. SECTION 2. ELECTION NOTICE The City Secretary is hereby directed to cause notice of said election to be published at least once, not earlier than the 30th day nor later than the 10th day, before election day as provided in Section 4.003(a)(1) of the Texas Election Code; and shall be posted on the bulletin board used for posting notices of the City Council meetings not later than the 21 st day before election day. A copy of the published notice that contains the name of the newspaper and the date of publication shall be retained as a record of such notice, and the person posting the notice shall make a record at the time of posting stating the date and place of posting in accordance with Texas Election Code Section 4.005. SECTION 3. EARLY VOTING Early voting by personal appearance by any qualified Collin County resident shall be conducted at the Anna City Hall, 111 N. Powell Pkwy, Anna, Texas 75409, or at any of the other Collin County Vote Centers* established by the Joint Election Contract. Early voting by personal appearance for the May 6, 2017, election will be conducted by the Collin County Elections Administration. The dates and times for early voting by personal appearance are as follows: Polling Place Address City Collin County Election Office 2010 Redbud Blvd., #102 McKinney (Main Early Voting Location) Anna City Hall 111 N. Powell Parkway Anna Sunday Monday Tuesday Wednesday Thursday Friday Saturday April23 April24 April25 April26 April27 April28 April29 8am — 5pm 8am — 5pm 8am — 5pm 8am - 7pm 8am - 5pm 8am - 5pm April 30 May 1 May 2 May 3 May 4 May 5 May 6 7am — 7pm 7am — 7pm 7am — 7pm Election Day On May 6, 2017, Election Day, the polls shall be open from 7:00 a.m. to 7:00 p.m. and conducted at the Anna City Hall, 111 N. Powell Pkwy, Anna, Texas 75409 or at any of the other Collin County Vote Centers* established by the Joint Election Contract. SECTION 5. EARLY VOTING BY MAIL Applications for early voting ballot by mail shall be mailed to: Bruce Sherbet, Elections Administrator, 2010 Redbud Blvd., Ste. 102, McKinney, Texas 75069. Applications for early voting ballot by mail must be received no later than the close of business on April 25, 2017. SECTION 6. RUNOFF ELECTION If a run-off election becomes necessary, the Collin County Elections Administrator will conduct the run-off election to be held on Saturday, June 10, 2017. ORD May 2017 Election Order PAGE 2 OF 3 SECTION 7. ELECTRONIC VOTING EQUIPMENT In accordance with Section 123.001 of the Texas Election Code, the Direct Record and Optical Scan Voting Systems approved by the Secretary of State are hereby adopted for the election on May 6, 2017. SECTION 8. ADMINISTRATION AND PROCEDURES OF THE ELECTION The City Secretary is hereby authorized and directed to enter into joint election agreements for said election with Collin County Elections Administration and Anna Independent School District and to execute such election agreements for said election. SECTION 10. ELECTION OFFICIALS Pursuant to the Joint Election Contract, the Collin County Elections Administrator shall serve as Early Voting Clerk for the election. Presiding Election Judges and Alternate Presiding Election Judges appointed to serve at said polling places shall be those election officials furnished by Collin County Elections Administrator. SECTION 12. EARLY VOTING BALLOT BOARD An Early Voting Ballot Board shall be created to process early voting results in accordance with Chapter 87 of the Texas Election Code. The Early Voting Ballot Board shall be made up of members appointed in the manner stated in the Joint Election Contract and the Presiding Judge and Alternate Presiding Judge of the Early Voting Ballot Board shall be the election officials listed in the Joint Election Contract. SECTION 13. SAVINGS, SEVERABILITY AND REPEALING CLAUSES Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of this ordinance, which shall remain in full force and effect. SECTION 14. EFFECTIVE DATE This ordinance shall become effective immediately from and after its passage. APPROVED AND ADOPTED by the City Council of the City of Anna, Texas on this the 14th day of February, 2017. ATTESTED: APPROVED: City Secretary Carrie L. Smith Mayor Mike Crist ORD May 2017 Election Order PAGE 3 OF 3 May 6,2017 Joint General Election Contract for Election Services City of Anna/Anna ISD May 6, 2017 Joint General Election Table of Contents I......................................................Duties and Services of Contracting Officer II................................................Duties and Services of City and School District III....................................................................................Cost of Election IV........................................................................ Joint General Agreement V.................................................................................General Provisions Exhibits Exhibit A....................................................Early Voting Schedule and Locations Exhibit B.................................................................Election Day Vote Centers Exhibit C.............................................................................Cost of Services Exhibit D..................................................................Joint General Agreement May 6, 2017 Joint General Election — City of Anna & AISD 02/06/2017 — Page 2 THE STATE OF TEXAS COUNTY OF COLLIN § CITY - SCHOOL ANNA CONTRACT FOR ELECTION SERVICES BY THE TERMS OF THIS CONTRACT made and entered into by and between the CITY OF ANNA, hereinafter referred to as the "CITY," and the BOARD OF TRUSTEES OF THE ANNA INDEPENDENT SCHOOL DISTRICT, hereinafter referred to as the "SCHOOL DISTRICT," and BRUCE SHERBET, Elections Administrator of Collin County, Texas, hereinafter referred to as "Contracting Officer," pursuant to the authority in Subchapter D, Chapter 31, of the Texas Election Code, agree to the following particulars in regard to coordination, supervision and running of the City and School District's May 6, 2017 Joint General Election and a City Runoff Election, if necessary, on June 10, 2017. An additional cost estimate, early voting calendar, and Election Day polling place schedule will be prepared should a Runoff Election be necessary. THIS AGREEMENT is entered into in consideration of the mutual covenants and promises hereinafter set out. IT IS AGREED AS FOLLOWS: I. DUTIES AND SERVICES OF CONTRACTING OFFICER. The Contracting Officer shall be responsible for performing the following duties and shall furnish the following services and equipment: A. The Contracting Officer shall arrange for appointment, notification (including writ of election), training and compensation of all presiding judges, alternate judges, the judge of the Central Counting Station and judge of the Early Voting Ballot Board. a. The Contracting Officer shall be responsible for notification of each Election Day and Early Voting presiding judge and alternate judge of his or her appointment. The recommendations of the City and the School District will be the accepted guidelines for the number of clerks secured to work in each Vote Center. The presiding election judge of each Vote Center, however, will use his/her discretion to determine when additional manpower is needed during peak voting hours. The Contracting Officer May 6, 2017 Joint General Election — City of Anna & AISD 02/06/2017 — Page 3 will determine the number of clerks to work in the Central Counting Station and the number of clerks to work on the Ballot Board. Election judges shall be secured by the Contracting Officer with the approval of the City and the School District. b. Election judges shall attend the Contracting Officer's school of instruction (Elections Seminar); calendar will be provided. C. Election judges shall be responsible for picking up from and returning election supplies to the county election warehouse located at 2010 Redbud Blvd., Suite 102, McKinney. Compensation for this pickup and delivery of supplies will be $25.00. d. The Contracting Officer shall compensate each election judge and worker. Each judge shall receive $12.00 per hour for services rendered. Each alternate judge and clerk shall receive $10.00 per hour for services rendered. Overtime will be paid to each person working over 40 hours per week. B. The Contracting Officer shall procure, prepare, and distribute voting machines, election kits and election supplies. a. The Contracting Officer shall secure election kits which include the legal documentation required to hold an election and all supplies including locks, pens, magic markers, etc. b. The Contracting Officer shall secure all tables, chairs, and legal documentation required to run the Central Counting Station. C. The Contracting Officer shall provide all lists of registered voters required for use on Election Day and for the early voting period required by law. May 6, 2017 Joint General Election — City of Anna & AISD 02/06/2017 — Page 4 d. The Contracting Officer shall procure and arrange for the distribution of all election equipment and supplies required to hold an election. Equipment includes the rental of voting machines, ADA compliance headphones and keypads (1 per site), transfer cases, voting signs and election supply cabinets. 2. Supplies include smart cards, sample ballots, provisional forms, maps, labels, pens, tape, markers, etc. C. The Contracting Officer, Bruce Sherbet, shall be appointed the Early Voting Clerk by the City and the School District. a. The Contracting Officer shall supervise and conduct Early Voting by mail and in person and shall secure personnel to serve as Early Voting Deputies. b. Early Voting by personal appearance for the City and School District's May 6, 2017, Joint General Election shall be conducted during the time period and at the locations listed in Exhibit "A", attached and incorporated by reference into this contract. All applications for an Early Voting mail ballot shall be received and processed by the Collin County Elections Administration Office, 2010 Redbud Blvd., Suite 102, McKinney, Texas 75069. Application for mail ballots erroneously mailed to the City or School District shall immediately be faxed to the Contracting Officer for timely processing. The original application shall then be forwarded to the Contracting Officer for proper retention. 2. All Federal Post Card Applicants (FPCA) will be sent a mail ballot. No postage is required. May 6, 2017 Joint General Election — City of Anna & AISD 02/06/2017 — Page 5 d. All Early Voting ballots (those cast by mail and those cast by personal appearance) shall be prepared for count by the Early Voting Ballot Board in accordance with Chapter 87 of the Texas Election Code. The presiding judge of this Board shall be appointed by the Contracting Officer. D. The Contracting Officer shall arrange for the use of all Election Day Vote Centers. The City and School District shall assume the responsibility of remitting the cost of all employee services required to provide access, provide security or provide custodial services for the Vote Centers. The Election Day Vote Centers are listed in Exhibit `B", attached and incorporated by reference into this contract. E. The Contracting Officer shall be responsible for establishing and operating the Central Counting Station to receive and tabulate the voted ballots in accordance with Section 127.001 of the Election Code and of this agreement. Counting Station Manager and Central Count Judge shall be Bruce Sherbet. The Tabulation Supervisor shall be Patty Seals. a. The Tabulation Supervisor shall prepare, test and run the county's tabulation system in accordance with statutory requirements and county policies, under the auspices of the Contracting Officer. b. The Public Logic and Accuracy Test of the electronic voting system shall be conducted. C. Election night reports will be available to the City and School District at the Central Counting Station on election night. Provisional ballots will be tabulated after election night in accordance with law. d. The Contracting Officer shall prepare the unofficial canvass report after all precincts have been counted, and will provide a copy of the unofficial canvass to the City and School District as soon as possible after all returns have been tallied. C. The Contracting Officer shall be appointed the custodian of the voted ballots and shall retain all election material for a period of 22 months. May 6, 2017 Joint General Election — City of Anna & AISD 02/06/2017 — Page 6 1. Pending no litigation and as prescribed by law, the voted ballots shall be shredded 22 months after the election. 2. The City and School District can obtain the list of registered voters from the Elections Administration Office after this retention period. Pending no litigation and if the City or School District does not request the lists, the Contracting Officer shall destroy them. f. The Contracting Officer shall conduct a manual count as prescribed by Section 127.201 of the Texas Election Code and submit a written report to the City and School District in a timely manner. The Secretary of State may waive this requirement. If applicable, a written report shall be submitted to the Secretary of State as required by Section 127.201(E) of the aforementioned code. II. DUTIES AND SERVICES OF THE CITY AND SCHOOL DISTRICT. The City and School District shall assume the following responsibilities: A. The City and School District shall prepare the election orders, resolutions, notices, official canvass and other pertinent documents for adoption by the appropriate office or body. The City and School District assumes the responsibility of posting all notices and likewise promoting the schedules for Early Voting and Election Day. B. The City and School District shall provide the Contracting Officer with an updated map and street index of their jurisdiction in an electronic (shape file preferred) or printed format as soon as possible but no later than Friday, March 3, 2017. C. The City and School District shall procure and provide the Contracting Officer with the ballot layout and Spanish interpretation in an electronic format. a. The City and School District shall deliver to the Contracting Officer as soon as possible, but no later than 5:00 PM Wednesday, February 22, 2017, the official wording for the City and School District's May 6, 2017, Joint General Election. May 6, 2017 Joint General Election — City of Anna & AISD 02/06/2017 — Page 7 b. The City and School District shall approve the "blue line" ballot format prior to the final printing. D. The City and School District shall post the publication of election notice by the proper methods with the proper media. E. The City and School District shall compensate the Contracting Officer for any additional verified cost incurred in the process of running this election or for a manual count this election may require, consistent with charges and hourly rates shown on Exhibit "C" for required services. F. The City and School District shall pay the Contracting Officer 90% of the estimated cost to run the said election prior to Friday, April 7, 2017. The Contracting Officer shall place the funds in a "contract fund" as prescribed by Section 3 1. 100 of the Texas Election Code. The Deposit should be delivered within the mandatory time frame to: Collin County Treasury 2300 Bloomdale Rd. #3138 McKinney, Texas 75071 Made payable to: "Collin County Treasury" with the note "for election services" included with check documentation. G. The City and School District shall pay the cost of conducting said election, less partial payment, including the 10% administrative fee, pursuant to the Texas Election Code, Section 31.100, within 30 days from the date of final billing. IIL COST OF SERVICES. See Exhibit "C." IV. JOINT GENERAL AGREEMENT. See Exhibit "D". V. GENERAL PROVISIONS. A. Nothing contained in this contract shall authorize or permit a change in the officer with whom or the place at which any document or record relating to the City and School District's May 6, 2017, Joint General Election is to be filed or the place at which May 6, 2017 Joint General Election — City of Anna & AISD 02/06/2017 — Page 8 any function is to be carried out, or any nontransferable functions specified under Section 31.096 of the Texas Election Code. B. Upon request, the Contracting Officer will provide copies of all invoices and other charges received in the process of running said election for the City and School District. C. If the City and/or School District cancel their election pursuant to Section 2.053 of the Texas Election Code, the Contracting Officer shall be paid a contract preparation fee of $75. An entity canceling an election will not be liable for any further costs incurred by the Contracting Officer in conducting the May 6, 2017, Joint General Election. All actual shared cost incurred in the conduct of the election will be divided by the actual number of entities contracting with the Contracting Officer and holding a May 6, 2017, Joint General Election. D. The Contracting Officer shall file copies of this contract with the County Judge and the County Auditor of Collin County, Texas. WITNESS BY MY HAND THIS THE DAY OF 2017. WITNESS BY MY HAND THIS THE LI-M Phillip Sanders, City Manager City of Anna Bruce Sherbet Collin County, Texas DAY OF Attest: 2017. Carrie Smith, City Secretary City of Anna May 6, 2017 Joint General Election — City of Anna & AISD 02/06/2017 — Page 9 WITNESS BY MY HAND THIS THE DAY OF 2017. UO-A Attest: Pete Slaughter, Superintendent Heather Mackey, Secretary Anna Independent School District Anna Independent School District May 6, 2017 Joint General Election — City of Anna & AISD 02/06/2017 — Page 10 Exhibit "A" MAY 612017 JOINT GENERAL ELECTION Early Voting Locations and Hours City of Anna & AISD* Polling Place Address city Collin County Election Office 2010 Redbud Blvd., #102 McKinney (Main Early Voting Location) Anna City Hall 111 N. Powell Parkway Anna Sunday Monday Tuesday Wednesday Thursday Friday Saturday April23 April24 April25 April26 April 27 April28 April29 Sam — 5 m 8am — S m 8am — S m 8am - 7pm 8am - 5 m 8am - S m April 30 May I May 2 May 3 May 4 May 5 May 6 lam — 7pm 7am — 7pm lam — 7pm Election Da * City and School District voters may vote at any of the additional Early Voting locations open under full contract services with the Collin County Elections Administration. May 6, 2017 Joint General Election — City of Anna & AISD 02/06/2017 — Page 11 Exhibit "B" MAY 6, 2017 JOINT GENERAL ELECTION Election Day Vote Centers — City of Anna & AISD* Precincts Location Address City "VOTE CENTER" Anna City Hall 111 N. Powell Parkway Anna *City and School District voters may vote at any of the additional Election Day Vote Centers open under full contract services with the Collin County Elections Administration. May 6, 2017 Joint General Election — City of Anna & AISD 02/06/2017 — Page 12 JOINT ELECTION AGREEMENT between The City Council of the City of Anna (the City), the Board of Trustees of the Anna Independent School District (AISD), known as (the School), and the Board of Trustees of Collin College District (the College). BY THE TERMS OF THIS AGREEMENT, the City, the School and the College, do hereby agree, pursuant to the provisions of the Texas Election Code, to hold a joint election for the General Election and Special Election should it be called, of the City and the General Election and Special Election should it be called, of the School District and the College to be held on Saturday, May 6, 2017. The entities have contracted with the Collin County Elections Administrator (Election Administrator) to perform various duties and responsibilities on their behalf. The City, AISD and the College shall share equally in shared expenses applicable for the Early Voting location and Election Day Vote Center at the Anna City Hall Administration Building. Expenses include polling location costs, election officials, supplies, ballots and any other and all necessary expenses for the election upon receipt of satisfactory billing and invoices reflecting the total of such election. Tabulation and centralized costs shall be shared equally between the number of entities holding an election on May 6, 2017. An entity canceling an election pursuant to Section 2.053 of the Texas Election Code will not be liable for costs incurred by the Elections Administrator in conducting the May 6, 2017, Joint General & Special Election of the City, the School District and the College; they will be liable only for the contract preparation fee of $75.00. APPROVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS in its meeting held the day of , 2017, and executed by its authorized representative. Phillip Sanders, City Manager City of Anna Attest: Carrie Smith, City Secretary City of Anna May 6, 2017 Joint General Election — City of Anna & AISD 02/06/2017 — Page 1 APPROVED BY THE BOARD OF TRUSTEES OF THE ANNA INDEPENDENT SCHOOL DISTRICT in its meeting held the day of 2017, and executed by its authorized representative. Pete Slaughter, Superintendent Anna Independent School District Attest: Heather Mackey, Secretary Anna Independent School District APPROVED BY THE TRUSTEES OF THE COLLIN COLLEGE DISTRICT in its meeting held the day of , 2017, and executed by its authorized representative. By: Attest: H. Neil Matkin, Ed.D. District President Kim Davison, Sr. Vice President Collin College Collin College May 6, 2017 Joint General Election — City of Anna & AISD 02/06/2017 — Page 2 AGENDAITEM: Item No. 5.f. City Council Agenda Staff Report Meeting Date: 2/14/2017 Resolution approving a Facilities Use Agreement with the Anna Sports Group for 2017. (Maurice Schwanke) 6*11hV1 hT 1_ VA The Anna Sports Group is a non-profit organization that provides fundamental sports programs for children ages 5 to 18 years. The Anna Sports Group will use the ball fields and concession stand at Slayter Creek Park, and the ball fields at Sherley and Johnson Parks for spring baseball and softball programs. The 2017 Agreement is identical to the 2016 Agreement. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution and Agreement. ATTACHMENTS: Description Anna Sports Group Resolution Facilities Use Agreement Upload Date Type 2/7/2017 Resolution 2/7/2017 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A FACILITIES USE AGREEMENT WITH THE ANNA SPORTS GROUP FOR 2017, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME. WHEREAS, the Anna Sports Group (ASG) is set up to provide fundamental sports for children ages 5 to 18 years; and, WHEREAS, ASG's goal is to provide a basic knowledge of sports to the players and to instill teamwork and good sportsmanship into every player; and, WHEREAS, ASG desires to use facilities owned by the City of Anna ("City") to operate their programs; and, WHEREAS, the City desires to enter into a Facilities Use Agreement (the "Agreement") that formally authorizes the ASG to use City facilities to operate their programs. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. The City Council of the City of Anna, Texas hereby approves the Agreement attached hereto as Exhibit 1, and authorizes the City Manager to execute same. PASSED by the City Council of the City of Anna, Texas, on this 14`h day of February, 2017. ATTEST: APPROVED: City Secretary, Carrie L. Smith Mayor, Mike Crist FACILITIES USE AGREEMENT This Facilities Use Agreement (this "Agreement") is made by and between the City of Anna, Texas (the "City") and the Anna Sports Group ("ASG"), a Texas nonprofit association. The City and ASG are collectively referenced in this Agreement as "the Parties." FOR AND IN CONSIDERATION of the mutual promises and undertakings herein set out, the Parties agree as follows: The City agrees to permit the use of its facilities commonly known as the Sherley Park baseball field, the Johnson Park baseball/softball fields, and the Slayter Creek Park baseball/softball fields (collectively, the "Spring Ball Facilities") for ASG's 2017 Spring Baseball and Softball Regular Season. The Spring Baseball and Softball Regular Season shall run from March 1 through July 31 and shall consist of the regular season games with a maximum of two post -season tournaments. ASG shall not schedule games to be played on the fields at Slayter Creek Park without prior approval from the City. Any request by ASG for field usage after July 31 for the Spring Baseball and Softball Regular Season will be negotiated between the City and ASG. "Regular Season" is defined as actual regular season games and post -season tournaments, not including practices, try- outs, scrimmages, or preseason games. The City agrees that with the exception of the fields at Slayter Creek Park, ASG shall have priority use of the Spring Ball Facilities for team practices during the regular season from 5:00 p.m. to 9:30 p.m. Monday through Friday, and from 9:00 a.m. to 9:30 p.m. on Saturday and Sunday. ASG shall provide the City with the regular season practice schedule for each field. The City agrees to allow ASG to use and manage the concession buildings at Sherley Park, Johnson Park, and Slayter Creek Park (collectively, the "Concession Buildings") in connection with athletic events that occur during the term of this Agreement, except that the Anna Athletic Booster Club shall be given the first option to use the Concession Buildings in connection with UIL baseball and softball games sponsored by Anna ISD. All concession operations shall be in compliance with applicable state and local health codes, and ASG shall obtain any required health permits prior to its use of the Concession Buildings. ASG agrees to pay the City a flat fee of $1,000 for the entire calendar year or $350 per quarter. Such payment(s) shall be due on February 27th or (if made on a quarterly basis) the first payment is due on February 27th with additional quarterly payments due the first day of April, July, and October. In the event ASG does not provide concessions for athletic events that occur during the term of this Agreement, the City may authorize other organizations to use and manage the Concession Buildings to provide concessions at those events. ASG acknowledges that its use of the Spring Ball Facilities and Concession Buildings (collectively, the "Park Facilities") under this Agreement is non-exclusive and that the City has final authority over the scheduling of all Association use (including games and team practices) of the Park Facilities under this Agreement. ASG shall provide the City with the schedule of games for each regular season at least two weeks prior to the start of each regular season. Except as noted below, ASG may reschedule regular season games provided that, the authorized Association representative notifies the City of the schedule change in advance, and the change does not interfere with another previously scheduled use of the Park Facilities. ASG shall not schedule or reschedule games to be played on the athletic fields at Slayter Creek Park without prior approval from the City. IV. The non-exclusive use by ASG of the Park Facilities is subject to the terms of an Interlocal Agreement between the City of Anna and Anna Independent School District ("Interlocal Agreement") executed by said parties on March 20, 2006, as amended. To the extent of any conflict between the Parties' obligations under this Agreement and the City's obligations under the Interlocal Agreement, the City's obligations under this Agreement will yield to the Interlocal Agreement and the City shall not be liable for any damages that may be caused or occasioned by any such conflict. 1TJ Not withstanding anything in this Agreement, ASG's use of the Park Facilities shall be subject to and yield to any and all repairs, maintenance, and construction activities, deemed necessary by the City to preserve, repair, maintain, or expand the Park Facilities or any public facilities owned or operated by the City. The City shall not be liable for any damages that may be caused or occasioned by any such repair, maintenance, or construction activity. 1y/ P The term of this Agreement shall be for one year from January 1, 2017 through December 31, 2017. VII. Upon termination of this Agreement, ASG and the City may negotiate a new agreement. ASG shall have 30 days to remove movable equipment that it owns that is not of a permanent nature, upon termination of this Agreement. Nothing herein shall prohibit the City from entering into facilities use agreements with other organizations provided that other such agreements do not conflict with this Agreement. The City reserves the right to utilize the Park Facilities at all times other than when the City's use would unreasonably interfere with Association regular -season games that have been properly scheduled in accordance with this Agreement. VIII. K ASG shall not assign this Agreement nor shall it sublease or rent out any property of the City. This provision includes sports camps and tournaments. Due to the necessity of inter -league play in order to compete some leagues, ASG shall insure that an Association team is scheduled for each game played on any part of the Park Facilities. K4 ASG shall not engage in any business on any part of the Park Facilities or do anything in connection therewith which shall be in violation of any existing state or federal law or municipal ordinances, or use the same in such manner as to constitute a nuisance. The collection of admission or "gate" fees by ASG is permissible, for no more than two tournaments or special events per calendar year, as long as ASG makes the request to the City for approval at least two weeks prior to the start of the tournament or special event. Association agrees that the location of such admission access points shall not prevent or impede other park users from accessing other common or general areas of the park, including but not limited restrooms. The collection of tournament entry/registration fees by ASG is permissible. X. ASG SHALL INDEMNIFY AND HOLD HARMLESS THE CITY, ITS AGENTS, OFFICIALS AND EMPLOYEES FROM ANY AND ALL CLAIMS FOR BODILY INJURY, ILLNESS, DEATH, PERSONAL INJURY AND PROPERTY DAMAGE AND ALL OTHER CLAIMS IN ANY WAY RELATED TO, ARISING OUT OF, OR MADE IN CONNECTION WITH ANY ACTIVITIES OF ASG OR ANY OF ITS MEMBERS OR PARTICIPANTS. ASG shall maintain a general liability insurance policy in the amount of at least one million dollars ($1,000,000) and shall name the City as an additional insured on its said policy. The coverage shall contain no special limitations on the scope or protection afforded to ASG, its officials, officers and employees. At least two weeks in advance of the first regular season identified in this Agreement, ASG must provide the City with a certificate of such insurance issued by the insurer. The certificate shall state that the City is an additional insured and that the insurer must provide at least 30 days notice to the City prior to the cancellation of the policy. FA I ASG shall submit to the City the names, addresses and phone numbers of all Association officers and board members within two weeks after election or appointment. ASG shall furnish to the City rosters of all teams, players, coaches and other participants including names, addresses and telephone numbers for all such persons and a listing of the full schedule for the season. The rosters shall be submitted within four weeks after completion of registration and the full schedule shall be submitted at least two weeks prior to the first regular season game. ASG shall also submit a copy of all contracts, if any, entered into by ASG for any of its operations related to the Park Facilities including but not limited to concessions, umpires/referees, equipment rentals, and field maintenance. XII. 3 Within 60 days of the end of the calendar year, ASG shall submit to the City Manager ASG's annual financial report for the prior year which shall include the revenue collected and expenditures that occurred during the reporting period, and the reporting period ending balance of any bank accounts operated by ASG. L14III ASG shall conduct criminal background checks on all of its volunteers and participants, including but not limited to coaches, board members, and any other person acting in an official capacity with any organization directly overseeing ASG's youth activities. ASG shall employ the National Alliance for Youth Sports to conduct such checks or a reputable company licensed by the State of Texas to conduct such checks. These checks shall be conducted prior to the beginning of each regular season and shall remain valid for the calendar year. ASG shall also adopt and publish a criminal background check policy to be used for determining an individual's eligibility to coach or otherwise participate in its youth activities. Should an individual be disqualified as a result of the check, ASG will prohibit that individual from serving in any capacity with ASG's activities. ASG shall establish a policy as to how its criminal background checks will be processed and will pay for the cost of each check. ASG shall furnish to the City a listing of the persons that have successfully undergone a criminal background check prior to the beginning of any individual's involvement with any youth - related activities. An Association Board Member shall sign this listing for final verification of the actions taken by ASG. XIV. ASG shall furnish in writing to the City the names, addresses, and telephone numbers of persons designated as ASG's "Field Managers." In the case of inclement weather, it shall be the responsibility of a Field Manager to contact and discuss field playability with a "City Representative" before a scheduled game, said Representative(s) to be designated in writing by the City Manager. When this Agreement provides for a City Representative to make a decision, consult with a Field Manager, or otherwise act in connection with ASG's use of the Park Facilities, the Field Manager must solely rely on the decision or action of a City Representative, subject to any contrary decision or action by the City Manager or a licensed peace officer acting in a law - enforcement capacity. XV. ASG agrees to stop play and all other operations on any part of the Park Facilities by 11:00 p.m., unless it receives written permission to go beyond 11:00 p.m. from the City's Representative. ASG shall have the responsibility to turn off all field lighting. 1:#417/! ASG agrees to pay the City a fee of $0 per resident player and $10 per non-resident player per regular season for those leagues/teams scheduled to play on any part of the Park Facilities. This 4 fee is due to the City within two weeks after the start of each regular season. ASG shall pay a 10% late fee in addition to any fees paid after the due date. XVII. The Parties shall have the obligations and shall abide by the standards set forth in the below referenced exhibits as qualified herein. The City's obligations as to maintenance of the Park Facilities shall be limited to providing the Park Facilities in a reasonably useable condition, subject to weather and other factors beyond the City's control. Notwithstanding any part of this Agreement, the Parties understand and agree that by entering into this Agreement, the City is not waiving any immunities or limitations of liability available to it under the law and that its obligations as set forth in this Agreement are not intended to create and do not create any duty or standard of care that a municipality would not otherwise be required to meet to avoid liability under Texas law. The nature of this Agreement is to allow ASG limited use of certain City -owned facilities provided that ASG observes the various obligations, restrictions, and limitations set forth herein. Said obligations, restrictions, and limitations are not in the nature of services provided to the City. All services that ASG provides and that relate to its use of facilities under this Agreement are services that ASG provides exclusively to its members and participants, and while this Agreement governs to some extent the manner in which said services are to be provided, the Parties understand and agree that ASG is not providing and shall not provide any goods or services to the City under this Agreement. It is further understood and agreed to by the Parties that this Agreement is not a contract subject to Chapter 271, Subchapter I. of the Texas Local Government Code. This Agreement is intended to be exclusively between and to benefit only the City and ASG, and the Parties do not intend that any third party should benefit from this Agreement or obtain any rights or claims hereunder. It is especially provided and agreed by and between ASG and the City that the exhibits referenced below shall be part of this Agreement as if set out in their entirety said exhibits being: EXHIBIT A — Facilities Maintenance EXHIBIT B — Field Inspection and Closure EXHIBIT C — Concession Buildings Maintenance KATJIII This Agreement shall not become effective unless and until ASG provides the City with a true and correct copy of a certificate issued by the Office of the Texas Secretary of State —or other proof satisfactory to the City —that ASG has properly filed with said Office a statement appointing an agent authorized to receive service of process in accordance with Vernon's Ann.Texas Civ.St. Art. 1396-70.01, Sec.12 (a), et seq., as amended (the "Agent"). ASG shall thereafter provide the City with a copy, upon filing, of any amendment(s) to such statement that occur during the term of this Agreement and for two years thereafter. Further, ASG shall take all necessary steps to assure that the City has been provided written notice of the identity and the mailing address and the physical address of the Agent. The obligations in this paragraph shall survive for two years after the termination of this Agreement. s XIX. Any violation by ASG of any of the provisions of this Agreement shall result in the termination of this Agreement and the City's obligations hereunder once the City has provided ASG with sufficient time to cure such violation after the City provides written notice of such violation. In the event any such violation relates to nonpayment or untimely payment by ASG of any sums due hereunder, ASG shall have 60 days after the City provides said notice in which to cure the violation, or such other time as agreed to by the Parties in writing. In the event said violation is for other than nonpayment or untimely payment by ASG, ASG shall have 30 days after the City provides said notice in which to cure said violation, or such other time as is agreed to by the Parties in writing. Notices required to be provided under this Agreement shall be sent by certified U.S. mail, return receipt requested, and shall be considered to have been provided on the date of mailing to the following addresses: If to the City: City Manager City of Anna 111 N. Powell Parkway City of Anna, Texas 75409 If to ASG: This agreement is made and entered into on the day of , CITY OF ANNA: City Manager ANNA SPORTS GROUP: Association President F EXHIBIT A FACILITIES MAINTENANCE 1. The City shall maintain the turf area of all athletic fields. 2. The City shall maintain all back -stops, fences, and gates. 3. The City shall maintain all bleachers and dugouts. 4. The City shall maintain the ball field lighting systems. 5. The City shall be responsible for the maintenance of any irrigation systems. 6. The City shall be responsible for hauling off trash that has been properly deposited in trash dumpsters. 7. ASG shall provide all bases, pitching plates, soccer goals, and all other equipment required for game play. All soccer goals provided by ASG shall be removed to the edge of the maintained turf areas at the conclusion of each practice or game. Other than bases, pitching plates, soccer goals, and other game -play equipment owned by ASG, ASG shall not permit any damage or removal of any part of the Park Facilities, and shall at all times during its use of the Park Facilities maintain the Park Facilities in good and safe condition. If at any time ASG discovers any poor, damaged or unsafe condition of the Park Facilities, it shall immediately notify a City Representative of same. 8. Unless otherwise provided by the City, ASG shall perform all pre -season infield clay maintenance to include adding clay, clay renovation, and cutting infield areas and base paths. The City shall provide the clay for said maintenance. ASG shall build the pitcher's mounds if needed. The City shall provide clay, sand, soil, etc. to be used in leveling or backfilling low areas when deemed necessary by the City. 9. Unless otherwise provided by the City, ASG shall regularly drag and maintain the infields in a weed -free and playable condition. 10. Unless otherwise provided by the City, ASG shall mark all foul lines, boundary lines, and other field markings required for game play. 11. Following any use by ASG of the athletic fields at Slayter Creek Park, ASG shall ensure that the athletic fields (turf, infields, home plate, bases, base lines, pitcher's mound, etc.) are returned to an acceptable condition for use by other organizations consistent with the City's policies for athletic field maintenance. ASG shall not adjust or allow any adjustment of the athletic fields at Slayter Creek Park that create bases or baselines inside a grass infield. ASG shall not make or allow any other alterations or adjustments to the athletic fields at Slayter Creek Park that are inconsistent with the use required by the Anna ISD for their UIL baseball and softball practices and games. 12.ASG shall be responsible for maintaining all Park Facilities areas and all adjacent grounds in a litter -free condition during its use of the Park Facilities. All litter shall be placed in the bins, cans, and receptacles provided by the City. The City shall provide pick up for these receptacles. 13.ASG shall be responsible for cleaning the City owned restroom facilities adjacent to the Park Facilities and shall provide all necessary supplies, during and immediately after its use of the Park Facilities. 14.ASG shall not perform any maintenance to any turf area or make any modifications to the Park Facilities without written permission from the City. 15.ASG shall be responsible for securing the Park Facilities at the end of each day or evening of play. This includes, but is not limited to, locking all gates and doors and turning off all interior building lighting, and field lighting. 16.ASG shall prohibit its coaches/players from hitting baseballs into any fence unless it occurs in the natural course of a game. Failure to enforce this policy may result in ASG incurring the costs associated with the repairs of the fencing. 17. If ASG desires to request any special park components or other special services be provided by the City for tournaments or other special events, such request shall be submitted to the City at least two weeks prior to the start of the tournament or event. EXHIBIT B FIELD INSPECTION AND CLOSURE Reasons for Athletic Field Closure 1. It is raining or there is a threat of lightning or other dangerous weather condition at game time. 2. Baseball/softball infields, outfields, soccer fields, or other turf areas are too wet. 3. Athletic Fields need to be closed in the interest of participant safety and/or preservation of good playing surfaces. City's General Procedures for Athletic Field Closure (these are internal City procedures for informational purposes and are subject to change without notice) (Weekdays) 1. Inspect Athletic Fields by 3:00 p.m. 2. Make -decision based upon field condition or weather. 3. Consult with the appropriate Field Manager, or his/her designee, about the status of the field(s). 4. Should ASG's Field Manager and the City Representative not agree, the decision of the City Representative shall be final. 5. Check weather and field conditions on evenings when fields will be in use after 6:00 p.m. When necessary, a City Representative will come in and close the fields affected. (Weekends) 1. Inspect Athletic Fields by 3:00 p.m. on Friday and by 7:00 a.m. on Saturday. 2. Make a decision based upon field condition or weather at the time if possible. 3. If a decision at 3:00 p.m. Friday is not possible, a City Representative familiar with the Athletic Fields will make decisions on field closure as needed throughout the weekend. 4. A City Representative will consult with ASG's Field Manager about the status of the fields. 5. Should ASG's Field Manager and a City Representative not agree, the decision of the City Representative shall be final. Implementation 1. The primary responsibility for making field closure decisions rests with the City Representative responsible for Athletic field maintenance. However, to the extent a Field Manager observes any weather condition or condition of the field or Park Facilities that threatens safe play, the Field Manager must stop play until the condition has ceased or been repaired and the condition is no longer a threat to safety. 2. The appropriate Association's Field Manager has the responsibility to inform ASG and the participants about the field closure decision. EXHIBIT C CONCESSION BUILDINGS MAINTENANCE 1. ASG shall appoint a Concession Buildings manager who shall be responsible for the maintenance and operation on ASG's concession operations and for compliance with the policies outlined in this Exhibit "C". 2. ASG shall be responsible for cleaning the interior of the building after each and every use or event. Cleaning shall include but is not limited to the following: • All food products and all opened pre -packaged food bags or containers shall be removed from the building. Unopened pre -packaged food left in the building must be placed in the storage area off the floor and stored in a manner that prevents contamination or access by rodents, roaches or other vermin. • All countertops, tables, and other surfaces shall be wiped clean with a disinfectant cleaning product. Any stains, dirt, grease, or food product residue on the walls, doors, and window coverings shall also be removed and surfaces shall be wiped clean. • All floor spills shall be mopped and cleaned with water and a disinfectant cleaning product. • The entire floor area shall be swept clean and all food product residue shall be removed from the building. • All trash containers must be emptied and fitted with a clean plastic liner. All trash must be placed in the trash dumpster provided by the City located in the parking lot. • Barbeque grills and propane containers shall not be stored in the Concession Buildings 3. ASG shall be responsible for securing the Concession Buildings at the end of each day or evening of play, or event. This includes, but is not limited to, locking all doors and service windows and turning off all interior building lighting. 4. ASG shall not permit any damage or removal of any part of the Concession Buildings, the associated equipment and facilities, and shall at all times maintain the buildings, equipment and facilities in good and safe condition. If at any time ASG discovers any poor, damaged or unsafe condition of the building facilities or equipment, it shall immediately notify the City of same. 5. ASG shall be responsible for maintaining all Concession Building and all adjacent grounds in a litter -free condition during its use of the facilities. All litter shall be placed in the bins, cans, and receptacles provided by the City. 6. ASG shall be prohibited from performing any maintenance or making any modifications to the Facilities without written permission from the City. AGENDAITEM: Item No. 5.g. City Council Agenda Staff Report Meeting Date: 2/14/2017 Resolution authorizing the the Anna Community Development Corporation and the Anna Economic Development Corporation to enter into a professional services agreement with Funderburgh Real Estate for project management and real estate representation for the Anna Business Park property. (Jessica Perkins) SUMMARY: The AEDC and ACDC jointly purchased an 85 acre tract of land generally located at the NE corner of state highway 5 and the Collin County Outer Loop. The Corporations intend to develop the land into a business park and will need continued real estate representation for prospect/tenant negotiations. Funderburgh Real Estate has acted as the Corporation's real estate representative for the land purchase, and is familiar with the property and the the project goals. The Corporations' boards of directors are pleased with the services provided by Funderburgh Real Estate and desires to enter into a professional services agreement for continued representation as outlined in the attached Agreement. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution. ATTACHMENTS: Description Upload Date Type Resolution Authorizing Agreement for Real Estate 2/9/2017 Resolution Representation Exhibits A, Agreement with Funderburgh Real Estate 2/9/2017 Exhibit Services CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA APPROVING AND AUTHORIZING THE EXPENDITURE OF FUNDS BY THE ANNA COMMUNITY DEVELOPMENT CORPORATION AND THE ANNA ECONOMIC DEVELOPMENT CORPORATION RELATED TO A PROFESSIONAL SERVICES AGREMENT FOR PROJECT MANAGEMENT AND REAL ESTATE REPRESENTATION WITH FUNDERBURGH REAL ESTATE INVENTSTMENTS WHEREAS, the Anna Community Development Corporation (the "CDC") and the Anna Economic Development Corporation (the "EDC") were created by the City of Anna, Texas (the "City"), in accordance with Article 5190.6, V.A.T.C.S., Section 4A and 413, and now operate under Texas Local Government Code, Title 12, Subchapter C-1 (the "Act"); and WHEREAS, the CDC and the EDC have purchased a certain tract of real property and desire to procure the professional consulting services of Funderburgh Real Estate Investments, Inc.; and WHEREAS, the corporations and the City Council of the City of Anna, Texas (the "City Council") have determined that the above -referenced services, further described in Exhibit A, are in the best interests of the CDC and EDC, and will promote community development and expanded business enterprise in the City of Anna; NOW THEREFORE, BE IT RESOLVED BY THE CITY OF ANNA CITY COUNCIL, THAT: Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Authorization of Project The City Council hereby authorizes the expenditure and approves of the authorized representative(s) of the CDC and EDC to enter into a Professional Services Agreement for Project Management and Real Estate Representation Services (the "Agreement") attached hereto as EXHIBIT A. The City Council further approves of the authorized representative(s) of the CDC and EDC to execute any associated documents necessary to procure said services. CITY COUNCIL OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 2 PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this the14`" day of February 2017. ATTEST: APPROVED: Carrie L. Smith, City Secretary Mayor, Mike Crist CITY COUNCIL OF ANNA, TEXAS RESOLUTION NO. PAGE 2 OF 2 ANNA ECONOMIC DEVELOPMENT CORPORATION RESOLUTION NO.)0(7-0,a'Ct (CN-) A RESOLUTION OF THE ANNA ECONOMIC DEVELOPMENT CORPORATION AUTHORIZING PROCUREMENT OF PROFESSIONAL SERVICES FOR PROJECT MANAGEMENT AND REAL ESTATE REPRESENTATION WHEREAS, the Anna Economic Development Corporation (the "EDC") desires to authorize their Chief Administrative Officer to procure the professional consulting services of Funderburgh Real Estate Investments, Inc.; and WHEREAS, the EDC has determined that the above -referenced services, further described in Exhibit A, are in the best interests of the EDC and will promote economic development and expanded business enterprise in the City of Anna; NOW THEREFORE, BE IT RESOLVED BY THE ANNA ECONOMIC DEVELOPMENT CORPORATION, THAT: Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Authority to Execute Consulting Services Agreement The Board of Directors of the Anna Economic Development Corporation authorize the Chief Administrative Officer to execute, on behalf of the EDC, subject to approval of legal form by the EDC's legal counsel, a contract with Funderburgh Real Estate Investments, Inc., as further described in Exhibit A, for professional consulting services for project management and real estate representation, said authority to include execution of all necessary documents to consummate the business relationship with said consultant. „ok PASSED AND APPROVED by the Anna Economic Development Corporation this day of e, 2017. AP ROVED: Consta ce Stump, 'C Presid9fit ATTEST: Sherilyn Godfrey, EDC Secretary ANNA EDC RESOLUTION NO.N17-0-tiE (Ca() PAGE 1 OF 1 Exhibit A AGREEMENT FOR PROFESSIONAL SERVICES This Agreement for Professional Services (this "Agreement") is entered into on the day of 2017, (the "Effective Date") by and between the Anna Economic Development C oration, Texas, a Texas Type A development corporation, the Anna Community Development Corporation, Texas, a Texas Type B development corporation, both with its principal office at I I I North Powell Parkway, Anna, Collin County, Texas 75409, hereinafter called "AFDC/ACDC" and David D. Funderburgh Real Estate Investments, Inc., a Texas corporation d/b/a Funderburgh Realty with its principal office at 9535 Forest Ln Ste 206, Dallas, TX 75243, hereinafter called "Funderburgh." The parties stipulate and recite that: 1. The AEDC/ACDC has acquired certain real property as described in Exhibit A in the City of Anna, Collin County, Texas, for development of a business park (the "Property"). 2. AEDC/ACDC, to carry out its intentions, desires to engage Funderburgh to conduct project management and real estate negotiations on behalf of the AEDC/ACDC in an effort to fill the business park with users that align with the zoning restrictions and other criteria as desired by AEDC/ACDC. For the reasons set forth above, and in consideration of the mutual promises of the parties pursuant to this Agreement, the parties agree as follows: Section 1. Services to Be Performed by Funderburgh A. Extent of services. The AEDC/ACDC engages Funderburgh to perform the services described, subject to all terms and conditions of this Agreement and further described in the attached Project Management Agreement Exhibit B, and Funderburgh agrees to perform them. These services will be limited to the Property. Subject to reasonable advance notice Funderburgh agrees to make himself available to consult with the AEDC/ACDC concerning any matters pertaining to the likelihood of potential real estate transactions that the AEDC/ACDC wishes to make relative to the Property. In connection with this, Funderburgh shall undertake, on the basis of criteria supplied to it by the AEDC/ACDC, to use due diligence and pursue users to locate in the Property, which meet zoning and other criteria as desired by AEDC/ACDC. Funderburgh agrees to negotiate on the AEDC/ACDC's behalf the real estate transactions meeting these requirements. B. Confidentiality. AEDC/ACDC ownership of the Property is now public knowledge and the AEDC/ACDC hereby waives confidentiality concerns relative to the Property. Section 3. Funderburgh's Compensation Contemporaneous with the execution of this agreement, the AEDC/ACDC will provide Funderburgh with a retainer in the amount of $7,000 in consideration of the project management and administrative processing that will be needed to assist with marketing and transactions related to the Property. The remainder of the compensation will be billed $66,500 in January of 2018 and AGREEMENT FOR PROFESSIONAL SERVICES Pagel of 11 $66,500 in January of 2019. The total compensation will not exceed $140,000.00. Provided, however, if the scope of work significantly exceeds the description provided in this agreement and as further detailed in the preliminary budget attached as Exhibit C, additional compensation may be requested from the AEDC/ACDC. Section 4. Termination The respective duties and obligations of the parties hereto shall commence on the date first above written, and shall terminate twenty-four (24) months after the Effective Date. In the event of a breach by Funderburgh of any obligation of Funderburgh under this Agreement, the AEDC/ACDC will have the right, on written notice to Funderburgh, to terminate the services of Funderburgh that have not been fully performed in accordance with this Agreement prior to such termination, without any liability whatever of the AEDC/ACDC to Funderburgh except to pay for the services that Funderburgh has fully performed in accordance with this Agreement; provided, however, that such termination will not affect any rights that the AEDC/ACDC may have by reason of such breach and the AEDC/ACDC may pursue all remedies that may be available under law or in equity. Such termination will be on the day specified in such notice, which date will not be earlier than three business days after the date of the notice. Section 5. Time for Performance Funderburgh will act as project manager of the business park property for a period of 2 years beginning upon execution of this agreement. Section 6. Representations and Covenants of Funderburgh To induce the AEDC/ACDC to enter into this Agreement, Funderburgh represents to and covenants with the AEDC/ACDC that: A. 4ualifications. Funderburgh is qualified to perform the negotiating services required by this Agreement, and now is, and at all times while this Agreement is in effect will be, properly licensed and permitted to perform services of such nature. All personnel who may be employed by Funderburgh to assist Funderburgh in the direct performance of such services also will be qualified, licensed and permitted to perform such services, except personnel who perform only clerical duties. B. Facilities and personnel. Funderburgh has and will continue to have, while this Agreement is in effect, adequate and proper facilities and qualified personnel to perform the services required. Funderburgh will not permit any employee or other representative of Funderburgh to negotiate or participate in the services outlined in this agreement without the prior written approval of the AEDC/ACDC. C. Disclosure of conflict of interest. If Funderburgh at any time discovers, or is informed by the AEDC/ACDC of the existence of, any possible conflict of interest on the part of Funderburgh or any of Funderburgh's employees involved in the services required of Funderburgh by this Agreement, Funderburgh will immediately cease all activity in connection with such services and AGREEMENT FOR PROFESSIONAL SERVICES Page 2 of 11 promptly notify the AEDC/ACDC in writing of all relevant facts and circumstances pertaining to such conflict so that the AEDC/ACDC may take such action as it deems appropriate. Funderburgh will not resume the performance of any services under this Agreement except as may be specifically authorized in a subsequent or amended written notice by the AEDC/ACDC to Funderburgh. Section 7. Miscellaneous A. This Agreement is intended solely for the benefit of the AEDC/ACDC and Funderburgh and does not confer any rights on any person or entity not a party to this Agreement, nor does it create any third party beneficiaries to this Agreement. B. Any agreement, notice, correspondence, information and/or other documentation required and/or referred to in this Agreement shall be in writing as provided by this Agreement. C. Waiver by either party of any breach of this Agreement affecting such party, or the failure of either party to enforce any of the provisions of this Agreement, shall not in any way affect, limit or waive such party's right thereafter to enforce and compel strict compliance. D. The parties acknowledge and agree that the performance by the AEDC/ACDC and Funderburgh of their respective obligations under this Agreement constitute governmental functions. E. No party shall be in default under the Agreement until written notice of the default has been given to the defaulting party (which notice shall describe in reasonable detail the nature of the default) and the defaulting party has been given ten (10) business days to cure said default. If a party is in default under this Agreement, the non -defaulting party may, at its option, and without prejudice to any other right under this Agreement, law, or equity, seek any relief available at law or in equity, including but not limited to, an action under the Uniform Declaratory Judgment Act, specific performance, mandamus and injunctive relief. Neither party shall have the right to terminate this Agreement as a remedy for default or to suspend or be relieved of the party's continuous performance of its obligations hereunder. Notwithstanding the foregoing, each party agrees that if any threatened or actual breach of this Agreement arises, which reasonably constitutes immediate, irreparable harm to the other party for which monetary damages is an inadequate remedy, equitable remedies may be sought by the non -defaulting party, without providing the notice stated above, and awarded in a court of competent jurisdiction without requiring the non -defaulting party to post bond. F. This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements, whether oral or written, covering the same subject matter. This Agreement may not be modified or amended except in writing mutually agreed to and accepted by the parties. G. This Agreement shall be construed in accordance with Texas law without regard to its conflict of laws provisions. H. Venue for any action arising hereunder shall be in Collin County, Texas. AGREEMENT FOR PROFESSIONAL SERVICES Page 3 of 11 I. Any notice or other communication required by this Agreement to be given, provided, or delivered shall be in writing or electronic mail addressed as set forth below. Notices shall be considered "given" for purposes of this Agreement: (a) if by Certified Mail, five (5) business days after deposited with the U.S. Postal Service, Certified Mail, Return Receipt Requested; (b) if by private delivery service (e.g. FedEx or UPS), on the date delivered to the notice address as evidenced by a receipt signed by any person at the notice address; or (c) if by electronic mail, on the date received by the recipient as evidenced by the date stamp. To AFDC/ACDC: AFDC/ACDC Attn: Jessica Perkins 111 N. Powell Parkway Anna, Texas 75409 jperkins@annatexas.gov With a mandatory copy to: Clark McCoy Wolfe, Tidwell & McCoy, LLP 2591 Dallas Parkway Suite 300 Frisco, Texas 75034 cmccoy@wtmlaw.net To Funderburgh: Funderburgh Realty 9535 Forest Ln Ste 206, Dallas, TX 75243 FRCIOOO@aol.com With a mandatory copy to: The Law Office of Laura F. James, P.C. 6009 West Parker, Suite 149-263 Plano, Texas 75093 laurajameslaw@grnail.com Each party has the right to change, from time to time, its notice addresses by giving at least ten (10) business day's written notice to the other party. If any time period provided in this Agreement ends on a Saturday, Sunday, or legal holiday, the period shall be extended to the first business day following such Sunday, Saturday, or legal holiday. AGREEMENT FOR PROFESSIONAL SERVICES Page 4 of 11 J. The recitals contained in this Agreement: (a) are true and correct as of the Effective Date; (b) form the basis upon which the parties negotiated and entered into this Agreement; and (c) reflect the final intent of the parties with regard to the subject matter of this Agreement. If it becomes necessary to interpret any provision of this Agreement, the intent of the parties, as evidenced by the recitals and provisions of this Agreement, shall be given full effect. The parties have relied, to their material detriment, upon the recitals, representations and covenants stated in this Agreement as part of the consideration for entering into this Agreement and, but for same, would not have entered into this Agreement. K. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. A facsimile signature will also be deemed to constitute an original if properly executed. L. The individuals executing this Agreement on behalf of the respective parties below represent to each other that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which their signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing their signature hereto is authorized to do so, and such authorization is valid and effective on the Effective Date of this Agreement. M. This Agreement is not assignable. N. Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had the opportunity to confer with its counsel. 0. In case any 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 is such invalid, illegal, or unenforceability provision had never been contained herein. P. All warranties, representations and covenants made by one party to the other in this Agreement or in any certificate or other instrument delivered by one party to the other under this Agreement shall be considered to have been relied upon by the other party and will survive the satisfaction of any fees under this Agreement, regardless of any investigation made. Q. This Agreement shall be deemed drafted equally by the parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against either party shall not apply. The AEDC/ACDC and Funderburgh have executed this Agreement on the day and year first above -written. [Remainder of page left blank intentionally] AGREEMENT FOR PROFESSIONAL SERVICES Page 5 of 11 ANNA ECONOMIC DEVELOPMENT CORPORATION By onstance AnnStump, its Pr sident Date: 4 *'4 ao% STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned authority, on this day personally appeared CONSTANCE ANN STUMP, known to me to be one of the persons whose names are subscribed to the foregoing instrument; she acknowledged to me that she is the duly authorized representative of and for the ANNA ECONOMIC DEVELOPMENT CORPORATION, a Texas Type A development corporation, and she executed the said instrument for the purposes and consideration therein expressed and in the capacity therein stated. Given under my hand and seal of office this2 no(day of U 2017. v o� . Laurette Kay Blacketer x `� 04/01I201s7aron Expires Not Public in and for the to of exas My Commission Expires: (I it 1 1 7 AGREEMENT FOR PROFESSIONAL SERVICES Page 6 of 11 ANNA COMMUNITY DEVELOPMENT CORPORATION 0 John Houcek, its President Date: STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned authority, on this day personally appeared JOHN HOUCEK, known to me to be one of the persons whose names are subscribed to the foregoing instrument; he acknowledged to me that he is the duly authorized representative of and for the ANNA COMMUNITY DEVELOPMENT CORPORATION, a Texas Type B development corporation, and he executed the said instrument for the purposes and consideration therein expressed and in the capacity therein stated. Given under my hand and seal of office this day of 92017. Notary Public in and for the State of Texas My Commission Expires: AGREEMENT FOR PROFESSIONAL SERVICES Page 7 of I I DAVID D. FUNDERBURGH REAL ESTATE INVESTMENTS, INC., A TEXAS CORPORATION DB/A FUNDERBURGH REALTY By: David D. Funderburgh. itkPfesident Date: STATE OFTEXAS C IINTY OF S Before me, the undersigned authority, on this day personally appeared David D. Funderburgh, known to me to be one of the persons whose names are subscribed to the foregoing instrument: he acknowledged to me that he is the duly authorized representative of and for DAVID D. FUNDERBURGH REAL ESTATE INVESTMENTS, INC., A TEXAS CORPORATION DB/A FUNDERBURGH REALTY. a Texas corporation, and he executed the said instrument for the purposes and consideration therein expressed and in the capacity therein stated. Given under my hand and seal of office this I5t day of re-bruart 2017 p r tTiANCRAv1FCRp <__��'WI/t" ?'t MY COMMIS' FJ(PIRES uyt,zota Notary Public in an or the State of Texas My Commission Expires: 71//1f EXHIBIT 'A' SURVEY DESCRIPTION: BEING a portion of a tract of land located in the D.E.W. Babb Survey, Abstract Number 33, situated in Collin County, Texas and being a portion of a 361.545 acre tract of land described by deed to Harlan Properties, Inc. recorded in Instrument No. 20121228001650300 of the Official Public Records of Collin County, Texas, and being more particularly described by metes and bounds as follows; BEGINNING at a 1/2 inch iron rod found for the northwest corner of said 361.545 acre tract lying on the northerly edge of County Road No. 421 a gravel road, also lying on the easterly line of a tract of land described by deed to Dallas Area Rapid Transit, recorded in Collin County Clerks Document No. 2001-0078323 of the Official Public Records of Collin County, Texas, the southwest corner of tract of land described by deed to 40 PGE, Ltd., recorded in Volume 5387, Page 468 of the Deed Records of Collin County, Texas, also lying on the common line of said D.E.W. Babb Survey and the Grandison Stark Survey, Abstract No. 798; THENCE South 89 degrees 11 minutes 36 seconds East, along the common line of said Babb and Stark Survey, also along the common line of said 361.545 acre tract and said 40 PGE tract, a distance of 1743.74 feet to a 5/8 inch iron rod with cap stamped "R.P.L.S. 5430" set for corner lying in the center of a 30 feet wide Sanitary Sewer easement, recorded in Instrument No. 20150422000453060 of the Official Public Records of Collin County, Texas; THENCE through the interior of said 361.545 acre tract along the center of said 30 feet wide easement the following courses and distances: South 11 degrees 33 minutes 57 seconds East, a distance of 61.78 feet to a 5/8 inch iron rod with cap stamped "R.P.L.S. 5430" set for corner; South 00 degree 48 minutes 25 seconds West, a distance of 1346.23 feet to a 5/8 inch iron rod with cap stamped "R.P.L.S. 5430" set for corner; South 55 degrees 24 minutes 07 seconds East, a distance of 316.51 feet to a 5/8 inch iron rod with cap stamped "R.P.L.S. 5430" set for corner; South 00 degrees 55 minutes 19 seconds West, a distance of 224.46 feet to a 5/8 inch iron rod with cap stamped "R.P.L.S. 5430" set lying on the north line of Collin County Toll Road Authority tract recorded in Instrument No. 20110222000194360 of the Official Public Records of Collin County, Texas; THENCE North 89-degrees 04 minutes 41 seconds West, along the north line of said Collin County Toll Road tract, a distance of 2530.22 feet to a 1/2 inch iron rod with cap stamped "R.P.L.S. 3700" found for the southwest corner of said 361.545 acre tract, also lying on the east line of Collin County Toll Road Authority tract recorded in Instrument No. 20090317000307070 of the Official Public Records of Collin County, Texas; THENCE North 00 degrees 44 minutes 35 seconds West, along the east line of last mentioned Toll Road tract, a distance of 207.51 feet to a 5/8 inch iron rod with cap stamped "R.P.L.S. 5430" set lying on the easterly line of the aforementioned Dallas AGREEMENT FOR PROFESSIONAL SERVICES Page 9 of 11 Area Rapid Transit tract; THENCE North 18 degrees 44 minutes 49 seconds East, along the easterly line of said Dallas Area Rapid Transit tract, a distance of 38.85 feet to a 5/8 inch iron rod with cap stamped "R.P.L.S. 5430" set for the southwest corner of a tract of land described by deed to the City of Anna recorded in Instrument No. 20071004001376120 of the Official Public Records of Collin County, Texas; THENCE South 77 degrees 31 minutes 27 seconds East, along the south line of said City of Anna tract, a distance of 67.89 feet to a 1/2 inch iron rod with cap stamped "R.P.L.S. 3700" found for corner; THENCE South 89 degrees 25 minutes 19 seconds East, continuing along the south line of said City of Anna tract, a distance of 224.62 feet to a 1/2 inch iron rod with cap stamped "R.P.L.S. 3700" found for the southeast corner of same; THENCE North 18 degrees 43 minutes 54 seconds East, along the east line of said City of Anna tract, a distance of 156.81 feet to a 1/2 inch iron rod found for the northeast corner of same; THENCE North 89 degrees 24 minutes 49 seconds West, along the north line of said City of Anna tract, a distance of 295.59 feet to a 5/8 inch iron rod with cap stamped "R.P.L.S. 5430" set for the northwest corner of same, also lying on the easterly line of said Dallas Area Rapid Transit tract; THENCE North 18 degrees 44 minutes 49 seconds East, along the easterly line of said Dallas Area Rapid Transit tract, a distance of 1495.06 feet to the POINT OF BEGINNING containing 3,727,460 square Feet, or 85.571 acres of land. AGREEMENT FOR PROFESSIONAL SERVICES Page 10 of 11 Attach Exhibits B and C AGREEMENT FOR PROFESSIONAL SERVICES Page 11 of 11 Exhibit B January 28, 2017 Jessica Perkins Assistant to City Manager and Economic Development Officer ANNA ECONOMIC DEVELOPMENT CORPORATION I I I North Powell Parkway Anna, Texas 75409 Re: Proposed Anna Business Park Anna, Collin County, Texas PROJECT MANAGEMENT AGREEMENT Dear Jessica: Thank you for the opportunity to continue to assist you with the development of your proposed Anna Business Park property. We are grateful for your confidence in allowing us to pursue this assignment. Essentially, our role will be that as your Project Manager, to facilitate the real estate development process, organize the activities of the various participants, anticipate scheduling matters and guide the park to successful completion. As you have previously experienced, we will bring matters to you and your board to make decisions; then we will implement and execute at your direction. In continuation of the assistance that we have been providing you, we will: • Provide coordination with the various municipal, design, engineering and construction professionals. • Assist you in preparing budget and economic information/projections. • Support the development process and remain proactive in offering value engineering suggestions. • Assist you and your legal counsel with negotiating anticipated property transfers/sales, municipal platting and general real estate related documentation matters. • Participate in the selection of consultants/vendors/contractors along with the evaluation of bids/proposals received. • Monitor construction progress and conduct periodic meetings with the contractor(s) and related parties. • Interface with you and your lender to facilitate an efficient construction draw process. • Assist you in the marketing, negotiation and generating of proposals to attract and secure new businesses for the park (first four [4] prospects). • Periodically meet with and apprise the AEDC board of the project status. January 28, 2017 Proposed Anna Business Park c/o Jessica Perkins The term of our engagement for these various services will be twenty-four (24) months from the date this letter agreement is executed. In consideration of these activities, our professional service fees (the "Fees") to assist you in this process will be $140,000. If the scope of work significantly exceeds the description provided in this agreement and as further detailed in the preliminary budget attached as Exhibit A, additional compensation may be requested. At the time this letter agreement is executed we would like to receive $7,000 of our Fees as a retainer. The remainder of our Fees will be earned and invoiced in (i) January, 2018 ($66,500) with the (ii) final amount in January, 2019 ($66,500). If the AEDC sells, assigns or otherwise transfers the Park, the AEDC will remain liable for any outstanding earned yet unpaid Fees due to us pursuant to this agreement. The right to receive earned but yet unpaid Fees shall inure to the benefit of any successors, assignees or beneficiaries of our firm. If the foregoing is consistent with your understanding of our agreement please execute one copy of this letter returning same to the undersigned and retain a copy for your records. Again, we sincerely appreciate your consideration in allowing us to be of service; it will be our privilege to serve the AEDC and the City of Anna in these matters. Very truly yours, FUNDERBURGH REALTY CORPORATION AGREED AND ACCEPTED: Anna Economic Development Corporation By: It's: Desi ed Offic r Date: xhi bl'4 G Anna Business Park ANNA, TEXAS PRELIMINARY DEVELOPMENT BUDGET Direct Costs ProJeeted Cost Previously Funded Balance Land Acquisition (Approx. 85.6 gross acres) $ 2,810,000 $ 2,810,000 $ - General Grading/Lot Clearing/Shaping line, w/ Street) $ - $ - $ - t 100' Street and Storm Drainage Consm. (inc.15% coning.) $ 749,713 $ - $ 749,713 Water Line Consm. line. 15%coning./excludes Fire Hydrants) $ 248,000 $ - $ 248,000 Sanitary Sewer Line Consm. lino. 15% conting.) $ 55,236 $ - $ 55,236 Off -Site Utility Extensions $ - $ - $ - Entry Monument Feature/Flagpoles $ 30,000 $ - $ 30,000 Entry Landscapingtlrrigation (Design/Build) $ 15,000 $ - $ 15,000 Direct Costs Subtotal: S 3,907,949 $ 2,810,000 S 1,097,949 Indirect Costs Architectural layout Design Fees $ 10,000 $ - $ 10,000 Entry Monument Feature/Flagpoles Design Fees $ 5,000 $ - $ 5,000 Covenants, Conditions and Restrictions (CC&R's) $ 4,000 $ 4,000 $ - Marketing / Website / Promotional Materials $ 12,000 $ - $ 12,000 Civil Engineering Fees: Off -Site Civil Design $ - $ - $ - Street and Storm Drainage Design $ 112,457 $ - $ 112,457 Water Line Design $ 30,093 $ - $ 30,093 Sanitary Sewer Design $ 11,047 $ - $ 11,047 Boundary, Topographic and Tree Surveys $ 12,000 $ 12,000 $ - Property Sales Commissions (Prospects' Representatives) $ 50,000 $ - $ 50,000 County Driveway Pcnnit/fmffic Impact Analysis $ - $ - $ Site Feasibility Study $ 36,500 $ 36,500 $ - Environmental Study $ 750 $ 750 $ - Geotechnical Analysis & Report $ 3,322 $ 3,322 $ Test Laboratory $ 25,139 $ - $ 25,139 Title Policy Premium $ - $ - $ - Insurance Premiums $ - $ - $ - Legal Fees $ - $ - $ - Appraisal(forLender) Fee $ 800 $ 800 $ - Roll Back Taxes Mot anticipated) $ - $ - $ - Bond Costs: Discount Fees $ 42,532 $ 42,532 $ - Surety Policy Premium & Fees $ 17,181 $ 17,181 $ - Bond Financing Fees & Paying Agent Fee $ 80,287 $ 80,287 $ - Bond Debt Service Reserve Fond $ 199,000 $ - $ 199,000 Development Project Management 3% $ 140,000 $ - $ 140,000 Inspecting Consultant Fee (for Lender) $ 1,500 $ - $ 1,500 Misc. Land Closing Costs $ 404 $ 404 $ - Indirect Costs Subtotal: S 794,012 $ 197,776 S 596,236 Subtotal Development Casts: $ 4,701,961 S 3,007,776 S 1,694,185 Plus Project Contingency 3.00% $ 141,059 $ - $ 141,059 Total Estimated Project Cost: $ 4,843,020 S 3,007,776 $ 1,835,244 ,Sources of Funds AEDC Due Diligence Payments Prior to Property Closing $ 103,372 $ 103,372 $ - AEDC Contribution $ 725,000 $ 725,000 $ - ACDC Contribution $ 375,000 $ 375,000 $ - Principal Amount of Bonds $ 1,850,000 $ 1,850,000 $ - Reimbursements from Park Users: Kirby -Smith $ 1,012,309 $ - S 1,012,309 Total Funds Available: S 4,065,681 $ 3,053,372 $ 1,012,309 Surplus/OfslBYAMURGH RE(aTN339) $45,596 (822,935) Commercial Real Estate Services 22/2017 i Item No. 5.h. City Council Agenda Staff Report Meeting Date: 2/14/2017 YOUR} HOMETOWN AGENDAITEM: Resolution authorizing the Anna Economic Development Corporation to expends funds for Engineering Services related to the design and construction of a waterline on the Anna Business Park Property. (Jessica Perkins) SUMMARY: The AEDC and ACDC jointly purchased an 85 acre tract of land generally located at the NE corner of state highway 5 and the Collin County Outer Loop. The Corporations intend to develop the land into a business park. The attached Resolution authorizes the AEDC to procure engineering services to design a water line that is necessary to develop the property. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution. ATTACHMENTS: Description Upload Date Type Resolution Authorizing EDC Procurement 2/9/2017 Resolution Exhibit A, Scope of Work 2/9/2017 Backup Material CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA APPROVING AND AUTHORIZING THE EXPENDITURE OF FUNDS BY THE ANNA ECONOMIC DEVELOPMENT CORPORATION FOR ENGINEERING SERVICES FOR THE DESIGN AND INSTALLATION OF A WATER LINE FOR THE ANNA BUSINESS PARK PROPERTY WHEREAS, the Anna Community Development Corporation (the "CDC") and the Anna Economic Development Corporation (the "EDC") jointly purchase a certain tract of real property and desire to procure engineering services for the design and installation of a water line for the property; and WHEREAS, the EDC has determined that the above -referenced services, further described in Exhibit A, will promote community development and expanded business enterprise in the City of Anna; NOW THEREFORE, BE IT RESOLVED BY THE CITY OF ANNA CITY COUNCIL, THAT: Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Authorization of Project The City of Anna City Council hereby authorizes the expenditure and approves of the authorized representative(s) of the EDC to procure engineering services for the design and installation of a waterline for the Anna Business Park property consistent with the scope of work attached hereto as EXHIBIT A. The City Council further approves of the authorized representative(s) of the EDC to execute any associated documents necessary to procure the engineering services. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this the14t" day of February 2017. ATTEST: APPROVED: Carrie L. Smith, City Secretary Mayor, Mike Crist CITY COUNCIL OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 1 ANNA ECONOMIC DEVELOPMENT CORPORATION RESOLUTION NO.A6 7 - 6) s ( ( ram ) A RESOLUTION OF THE ANNA ECONOMIC DEVELOPMENT CORPORATION APPROVING AND AUTHORIZING THE EXPENDITURE OF FUNDS FOR ENGINEERING SERVICES FOR THE DESIGN, ENGINEERING, AND CONSTRUTION OF A WATER LINE FOR THE ANNA BUSINESS PARK PROPERTY WHEREAS, the Anna Economic Development Corporation (the "EDC") wishes to expend funds for engineering services for the design, engineering, and construction of a water line for the Anna Business Park property; and WHEREAS, the EDC intends that said funds be used solely for engineering services for the professionals services needed to complete the design, engineering, and construction of a water line for the Anna Business Park property to the standards of the Anna City Code of Ordinances and any other applicable standards or regulations. NOW THEREFORE, BE IT RESOLVED BY THE ANNA ECONOMIC DEVELOPMENT CORPORATION, THAT: Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Approval of Funding The EDC hereby authorizes the Chief Administrative Officer to charge the EDC's Engineering line item in the amount of no more than $ 250,000 for engineering services for the design, engineering, and construction of a water line for the Anna Business Park property further detailed in Exhibit A attached hereto. h PASSED-AN9 APPROVED by the Anna Economic Development Corporation this day of 2017. ATTEST: Sherilyn Godfrey, EDC Secretary EDC OF ANNA, TEXAS RESOLUTION NO.'417--E ("T O PAGE 1 OF 1 Exhibit A BIRKHOFF, HENDRICKS & CARTER, L.L.P. PROFESSIONAL ENGINEERS 11910 Greenville Ave., Suite 600 Dallas, Texas 75243 Phone (214) 361-7900 www.bhcllp.com JOHN W. BIRKHOFF, P.E. GARY C. HENDRICKS, P.E. JOE R. CARTER, P.E. MATT HICKEY, P.E. ANDREW MATH, JR., P.E. JOSEPH T. GRAJEWSKI, III, P.E. DEREK B. CHANEY, RE CRAIG M. KERKHOFF, P.E. Ms. Jessica Perkins Chief Administrative Officer City of Anna Economic Development Corporation I I I North Powell Parkway Anna, Texas 75409 Re: General Engineering Services — Task Order Business Park Water Line Dear Ms. Perkins: January 26, 2017 In accordance with your request and our existing general engineering services agreement, we are pleased to submit this General Services Task Order letter for services related to the preparation of plans, specifications, bidding documents and contract administration for the: Anna EDC Business Park Water Line Project GENERAL PROJECT DESCRIPTION This project consists of a 12-inch water line to be constructed generally along the north side of the Collin County Outer Loop across the Anna EDC tract. The water line will connect the existing 24- inch water line north of the existing City of Anna pump station. A Project Location Map marked "Exhibit A" is attached hereto and made a part of this Task Order. TBPE Firm 526 ACEC Wellness Firm =:;� Better Decisions - Better Designs TBPLS Firm 100318-00 L\7015 contdevlanna edc12017 - business park water linelanna edc business park waterline -professional services agreement.revised.docx Ms. Jessica Perkins General Services Task Order: Business Park Water Line January 26, 2017 Page 2 of 10 Based on our understanding of the project requirements, our opinion of probable project budget is summarized below: Business Park Water Line Opinion of Probable Construction Cost $210,970.88 Quality Control, Material Testing & Inspection Services (by others) $5,274.27 Basic Engineering and Additional Services $271,425.00 Total Project Budget $243,670.15 A copy of our itemized opinion of cost is attached as Appendix A for reference only. SCOPE of SERVICES Part I: Design Phase Preparation of construction plans, specifications, bidding phase services and construction administration phase services for the following: A. Construction Plan -Profile Sheets prepared at a scale of not less than 1 '= 20'. B. Standard Details. C. Cover Sheet, Location Map and Sheet Index. D. Submittals to State Regulatory Agencies, as required. E. Preparation of required Texas Department of Transportation permits, as required. F. Coordination with other Franchise Utility companies. G. 2-Design review meetings. H. Opinion of Probable Construction Estimate. I. Preparation of Specifications and Contract Documents. J. Assist in procuring geotechnical engineering information or reports as the project requirements dictate. Texas American Public Works Association 2010 A wardee Environmental Project of the Year $10 - $100 Million L\7015 contdev\anna edc\2017 -business park water line\anna edc business park waterline -professional services agreement.revised.docx Texas Firm F526 Ms. Jessica Perkins General Services Task Order: Business Park Water Line January 26, 2017 Page 3 of 10 K. Printing of preliminary plans and specifications for review by the City. Part II: Bidding Phase A. Assist the EDC staff in advertising for bids. This will include e-mailing "Notice to Contractors" to contractors experienced in this type of construction. EDC will have Notice published in local newspaper. B. Sell bidding documents to potential bidders and their suppliers and other parties. C. Provide bidding documents to EDC, Dodge Reports, and two other parties requested by the EDC. D. Assist during opening of bids and provide bidding tally sheets. E. Provide bid tabulation to EDC and contractors who submitted bids. F. Obtain the following information from the lowest bidder: 1. Past work history. 2. Physical resources to produce the project. G. Formulate opinion from information received and provide the EDC a summary of the opinion for their use in selection and award of the construction contract. H. After award of contract, furnish ten sets of prints of the final plans, specifications and contract documents to the EDC for construction use by the EDC and Contractor. Part III: Construction Phase A. Attend a pre -construction conference, including preparing an agenda. B. Attend coordination meetings with contractor, quality control personnel, City personnel and EDC representatives to discuss strategy, problem areas, progress, and any required coordination. C. Review shop drawings and other submittal information, which the Contractor submits. This review is for the benefit of the Owner and covers only general conformance with information given by the Contract Documents. The contractor is to review and stamp their approval on submittals prior to submitting to the Engineer. Review by the Engineer does not relieve the Contractor of any Texas American Public Works Association 2010 Awardee Environmental Project of the Year $10 - $100 Million 1A7015 contdevlanna ede12017 - business park water line\anna ede business park waterline -professional services agreement.revised.do" Texas Firm F526 Ms. Jessica Perkins General Services Task Order: Business Park Water Line January 26, 2017 Page 4 of 10 responsibilities, safety measures or the necessity to construct a complete and workable facility in accordance with the Contract Documents. D. Provide written responses to requests for information or clarification to EDC or Contractor. E. Prepare and process routine change orders for this project as they pertain to the original scope of work. F. Make periodic site visits during construction as the project requirements dictate. Minimum of one project site visit per month. G. Review monthly pay request from information obtained in the field. H. Accompany the EDC during their final inspection of the project. I. Recommend final acceptance of work based on information from the City's on -site representative. J. Prepare Record Drawings. Utilizing on -site representative and Contractor construction record information, consultant will prepare one set of 22"x 34" reproducible record drawings on mylar and one set of electronic image files in Adobe Acrobat file format and ACAD.dwg file format. Part IV: Additional Services A. Design, Property and Construction Surveys. B. Preparation of Plat and Field Note Descriptions for expected water line easements required. One (1) easement description is included for the purpose of establishing a budget for this phase of work. C. Printing of final plans and specifications for distribution to prospective bidders and the successful contractor. Texas American Public Works Association 2010 Awardee Environmental Project of the Year $10 - $100 Million L\7015 contdev\anna edc\2017 - business park water linc\anna edc business park waterline -professional services agreement.revised.do" Texas Firm F526 Ms. Jessica Perkins General Services Task Order: Business Park Water Line January 26, 2017 Page 5 of 10 Part V: Exclusions The intent of this scope of services is to include only the services specifically listed herein and none others. Services specifically excluded from this scope of services include, but are not necessarily limited to the following: A. Preliminary plat application, attendance at City Council and/or P&Z meetings for preliminary plat approval process. B. Environmental impact statements and assessments. C. Fees for permits or advertising. D. Certification that work is in accordance with plans and specifications. E. Environmental cleanup. F. Landscape architecture. G. Flood plain reclamation plans. H. Trench safety designs. I. Quality control and testing services during construction. J. Services in connection with condemnation hearings. K. Phasing of Contractor's work. L. On -site safety precautions, programs and responsibility. A Consulting services by others not included in proposal. N. Revisions and/or change orders as a result of revisions after completion of original design (unless to correct error on plans). O. Traffic engineering report or study. P. Title searches. Q. Fiduciary responsibility to the City or EDC Texas American Public Works Association 2010 Awardee Environmental Project of the Year $10 - $100 Million IA7015 contdev\anna edc12017 - business park water line\anna edc business park waterline -professional services agrement.revised.docx Texas Firm F526 Ms. Jessica Perkins General Services Task Order: Business Park Water Line January 26, 2017 Page 6 of 10 COMPLETION SCHEDULE Notice to Proceed From EDC............................................... TBD Submit Preliminary Plans to EDC...................................... 3 weeks after NTP Submit Easement Exhibits to EDC:...................................... 4 weeks after NTP Complete Final Plans & Bidding Documents ...................... 6 weeks after NTP Advertise Project for Bids ................................................... At EDC's Direction Construction Phase:.............................................................. 60 days after award of contract Texas American Public Works Association 2010 Awardee Environmental Project of the Year $10 - $100 Million IA7015 contdev\anna edc12017 - business park water linelanna edc business park waterline -professional services agreement.revised.docx Texas Firm F526 Ms. Jessica Perkins General Services Task Order: Business Park Water Line January 26, 2017 Page 7 of 10 FEE NOT TO EXCEED AMOUNT Basic Services (Parts I -III) Payment for the Basic Services described under Parts I, II, and III, shall be on a Lump Sum Basis in the following Amounts: Part I: Design Phase $15,525 Part II: Bidding Phase $2,500 Part III: Construction Phase $3,000 Total Basic Services Lump Sum Fee $21,025 Additional Services (Part IV) For the Additional Services described in Part IV, we propose to be compensated on a salary cost basis times a multiplier of 2.45, with expenses at actual invoice cost times 1.15. The two man survey crew will be billed at a crew rate of $160 per hour. Automobile mileage for special services will be invoiced at the current IRS rate. We suggest you budget approximately $6,400 in the following amounts for our services for this project: A. Design and Boundary Surveys $3,400 B. Preparation of Plat and Field Note $2,500 Descriptions 1 each C. Printing of Plans & Specifications $500 Total Additional Service $6,400 Not to Exceed Amounts TEXAS BOARD OF PROFESSIONAL LAND SURVEYING CONTACT INFORMATION Recipients of professional land surveying services under this agreement may direct complaints regarding such services to the Texas Board of Professional Land Surveying, 12100 Park 35 Circle, Building A, Suite 156, MC 230, Austin, TX 78753, Phone (512) 239-5263, Fax (512) 239-5253. Texas American Public Works Association 2010 Awardee Environmental Project of the Year $10 - $100 Million L\7015 contdevlanna edc12017 - business park water line\anna edc business park waterline -professional services agreemcarevised.docx Texas Firm F526 Ms. Jessica Perkins General Services Task Order: Business Park Water Line January 26, 2017 Page 8 of 10 If this General Engineering Services Agreement Task Order meets with your approval, please sign and return one set to our office along with your directive to proceed. We look forward to working with you on this important project for the Economic Development Corporation and are available to discuss this task further at your convenience. Sincerely yours, iraig M. Kerkhoff, P.E., C.F.M. APPROVED FOR THE CITY OF ANNA EDC Date ?v"' ') W ) 7 Texas American Public Works Association 2010 Awardee Environmental Project of the Year $10 - $100 Million 1:M15 contdev m We@017 - business park water I nesanna edc business park waterline-pmRssiarad services eg anp n mr .d d= Texas Firm F526 Ms. Jessica Perkins General Services Task Order: Business Park Water Line January 26, 2017 Page 9 of 10 Exhibit A - Project Location Map (Water Line Only) A i < rn r R � Eo<on —ae 3 w<mew R m�Cn 'L•C _ l N Q nQ 1 2 1 J 3 j O 1 cl� 3 3 O 40 1 C 1 1 j � Z Oh 1 4 Q V 1 1 I I I l� I III. III III III Texas American Public Works Association 1010 Awardee Environmental Project ojfhe Year $10 - $100 Million I:V015 mntdn nmWcQ01)- business perk wwu linetenne edcbusiness park watedine-proressiuwl servicesapcemenveis d. Texas Firm F516 BIRKHOFF, HENDRICKS & CARTER, L.L.P. PROFESSIONAL ENGINEERS Texas Firm F526 Client: City of Anna EDC Project: Kirby Smith - Water Line Project No. Date: 31-1an- By: CMK ENGINEER'S OPINION OF CONSTRUCTION COST Item No. Description I Quantity Unit I Price 11 Amount I Furnish & Install 8-Inch Water Line by Open Cut 0 LF $ 40.00 $ - 2 Furnish & Install 12-Inch Water Line by Open Cut 2,500 LF $ 50.00 $ 125,000.00 3 Furnish & Install Fire Hydrant, 6-Inch R.S. Gate Valve, Tee and Water Une 2 Ea $ 4,500.00 $ 9,000.00 4 Furnish & Install 8-Inch R. S. Gale Valve 0 Ea $ 3,500.00 $ 5 Furnish & Install 12-Inch R. S. Gate Valve 5 Ea $ 5,000.00 $ 25,833.33 6 Furnish & Install 24' x 12' Tapping Sleeve and Valve I Ea $ 8,500.00 $ 8,500.00 7 Furnish, Implement & Maintain Storm Water Pollution Prevention Plan 1 LS $ 1,500.00 $ 1,500.00 8 Design Trench Safety Plan 1 LS $ 1,500.00 $ 1,500.00 9 Implement Trench Safety Systems 2,500 LF $ 1.50 $ 3,750.00 10 Furnish Erosion Control Plan I Ea $ 1,500.00 $ 1,500.00 11 Furnish, Install, Maintain & Remove Erosion Control Measures 2,500 LF $ 1.00 $ 2,500.00 12 Furnish, Implement & Maintain Traffic Control Plan 1 LS $ 1,500.00 $ 1,500.00 13 Furnish, Install and Maintain Hydromulch Seeding 1.15 Acers $ 2,500.00 $ 2,869.61 Subtotal: $ 183 452.94 Conlin encies and Miscellaneous Items 15(� $ 27,517.94 Construction total: $ 210,970.88 Professional Services (Surveying, Engineering, Bidding & Construction Administration: $ 27,425.00 Quality Control and Materials Testing: 2.50% $ 5,274.27 Estimated Project Total: $ 243,670.15 USE: $ 244 000.00 L\7015Caunev mEDM017-5mi Put Wun1 Mui a&Quv YS1en.aka Page I of ;: . w :. ��t� CERTIFICATE OF INTERESTED PARTIES FORM 1295 Soft Complete Nos, 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1, 2, 3, 5, and 6 if there are no interested pastes. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2017-153765 Birkhoff, Hendricks & Carter Dallas, TX United States Date Filed: 01/12/2017 2 Name of govemmenta entity or state agency that is a party toe t contract for which the form is being filed. City of Anna EDC Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to back or Identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. Business Park Water Line Professional Engineering Services 4 Nature of interest Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary Birkhoff, John Dallas, TX United States X Hendricks, Gary Dallas, TX United States X Hickey, Matt Dallas, TX United States X Carter, Joe Dallas, TX United States X Mata, Andrew Dallas, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. , T Lana g ar YbleKHo s o \~fhik. Epiresl2-18-2018uZ rl\ Signature of authorized agent of contracting business entry AFFIX NOTARY STAMP I SEAL ABOVE Swain to and subscribed before me, by the said �+�'—` �l this the I Lday lt4tJd0-1( of . 20 I% , to certify which, witness my hand and seal of office. k, 10WOLI.--� ((�'-a l�l� 4 LA i azure of officer administering oath Printed name of officer administering oath This of officer administering oath Forms provided by I axes Fmics Cornmission www.ethlcs.state.tx.us Version V1.0.277 i Item No. 6. City Council Agenda Staff Report Meeting Date: 2/14/2017 YOUR} HOMETOWN AGENDAITEM: Consider/Discuss/Action regarding a Resolution establishing a Comprehensive Plan Advisory Committee. (Maurice Schwanke) SUMMARY: One of the City Council's strategic goals is to review and update the City's Comprehensive Plan that was adopted in 2010. The attached Resolution creates a citizen committee that will provide input and serve in an advisory capacity to the Planning department staff throughout the process of updating the existing Comprehensive Plan. The composition of the proposed 13-member Committee is similar to the committee that assisted with the development of the current Comprehensive Plan. The Mayor would preside over and be a voting member of the Committee. Six members of the Committee would be appointed by the Mayor including: • one (1) member of the City Council; • two (2) members of the Planning & Zoning Commission; • one (1) member of the Anna Community Development Corporation Board of Directors; • one (1) staff member of the Anna Independent School District recommended by the AISD Superintendent; and • one (1) member of the City of Anna Parks Advisory Board. In addition, each member of the City Council, other than the Mayor, would appoint one (1) person who is a qualified voter in the City to serve on the Committee. All appointees would need to be ratified by the City Council. The participants will need to make a commitment for this project that may take over a year to complete with monthly meetings anticipated. Staff is requesting that the Council submit their nominations to the City Secretary within the next four (4) weeks so that the appointments can be ratified in late March or early April. It is recommended that the persons nominated for appointment complete the attached Board and Commission application. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution establishing a Comprehensive Plan Advisory Committee. ATTACHMENTS: Description Upload Date Type Resolution Creating Advisory Committee 2/9/201 i Resolution Application for Boards and Commissions 2/9/2017 Backup Material CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS CREATING A COMPREHENSIVE PLAN ADVISORY COMMITTEE. WHEREAS, the City Council of the City of Anna, Texas ("City Council") has determined that the existing Comprehensive Plan needs to be reviewed and updated; and WHEREAS, the City Council desires to create a citizen committee to provide input and serve in an advisory capacity throughout the process of updating the existing Comprehensive Plan; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated. The above recitals are hereby incorporated as if set forth in full. Section 2. Advisory Committee Established. The City of Anna. Texas ("City") hereby establishes the Comprehensive Plan Advisory Committee ("Committee"). Section 3. Appointment and Composition of Committee. 3.01 The Mayor shall preside over and be a voting member of the Committee. The Committee shall have up to 12 additional voting members. 3.02 Six members of the Committee shall be appointed by the Mayor, and must include: (a) one (1) member of the Anna City Council; (b) two (2) members of the City of Anna, Texas Planning & Zoning Commission ("Planning & Zoning Commission"); (c) one (1) member of the Anna Community Development Corporation Board of Directors; (d) one (1) staff member of the Anna Independent School District recommended by the AISD Superintendent; and (e) one (1) member of the City of Anna Parks Advisory Board. 3.03 Each member of the City Council, other than the Mayor, shall appoint one (1) person to serve on the Committee. Such appointees shall be qualified voters in the City of Anna. The Mayor may make an appointment on behalf of a Council Member if the Councilmember declines or fails to name an appointment within four (4) weeks after adoption of this Resolution, or if the Councilmember declines or fails to fill a vacancy within four (4) weeks after the vacancy occurs. 3.04 All appointments authorized under Section 3.02 and Section 3.03 must be ratified by the City Council. 3.05 Vacancies shall be filled as necessary in the manner prescribed for the original appointment. 3.06 All appointed members of the Committee serve at the pleasure of the City Council and may be removed at the discretion of the City Council. Section 4. Duties of the Committee. The Committee shall serve in an advisory capacity, advising the Planning and Development Department Staff regarding the following elements of the Comprehensive Plan Update: • Population Projections • Housing • Land Use • Major Corridors including State Highway 5, US Highway 75, FM 455, State Highway 121, and the Collin County Outer Loop • Parks, Trails, and Open Space • Transportation and Thoroughfares • Community Facilities • Economic Development • Implementation Strategies Section 5. Committee Meetings. 5.01 It is anticipated that the Committee will meet on a monthly basis until the Comprehensive Plan update is presented to the Planning and Zoning Commission. 5.02 All Committee meetings shall be open to the public. Notice of all Committee meetings shall be posted 72 hours in advance. 5.03 Any formal action required by the Committee will be determined by a simple majority vote of members present at a duly noticed meeting. Section 6. Dissolution. Unless otherwise ordered by the City Council, the Committee shall be deemed dissolved once the Comprehensive Plan update has been submitted to the Planning & Zoning Commission for its consideration. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this the14t" day of February 2017. ATTEST: APPROVED: Carrie L. Smith, City Secretary Mayor, Mike Crist CITY OF ANNA APPLICATION FOR CITY OF ANNA, TEXAS CITY COUNCIL -APPOINTED BOARDS AND COMMISSIONS Please print or type Note: Applications will be held for one (1) year. Board/Commission Preference: (Select in order from 0-5) 0 -1 EDC —Economic Development Corporation 0 -1 CDC —Community Development Corporation 0 -1 P&Z* —Planning and Zoning Commission 0 - Parks Advisory Board 0 -1 Board of Adjustments *Commission members must be qualified City voters. Name: Date of Birth: Any previous/other name(s): Home Address: Home Telephone: Cell Phone: Home E-mail: Resident in Anna for years Preferred method of contact: ❑ Home ❑ Cell or ❑ Email Are you a registered voter in the City of Anna? ❑ Yes or ❑ No Profession/occupation: Business Name: Special knowledge or experience applicable to board/commission function: Other information (e.g., civic activities Have you ever been convicted of a felony or a crime of moral tur itude? (Note: Generally, a crime of moral turpitude is a crime involving dishonesty). a Yes or No Criminal background checks will be conducted on applicants. By signing below, you are representing that all of the information stated in this application is true and correct. Signature Date Email Form Please return completed application to: Office of the City Secretary 972-924-3325 111 N. Powell Parkway PO Box 776 Print Anna, TX 75409-0776 csmith annatexas.gov AGENDAITEM: Item No. 7. City Council Agenda Staff Report Meeting Date: 2/14/2017 Consider/Discuss/Action regarding a Resolution approving a Subdivision Improvement Agreement with LGI Homes -Texas LLC for Northpointe Crossing Phases II -IV. (Maurice Schwanke) SUMMARY: The Northpointe Crossing Subdivision is connected to the City's water distribution system at one location at the southern end of the property on CR 376 and State Highway 5 (Powell Parkway). In order to improve the reliability of service and provide a looped water system, the Northpointe Crossing Developers (LGI Homes) have agreed to construct a new water line along CR 1106 that will provide a second connection to the City's water distribution system. This new water line is on the Water System Capital Improvement Plan and is therefore eligible for water impact fee credits. This water line will be constructed in connection with Phase I I I of Northpointe Crossing. The attached Subdivision Improvement Agreement defines the obligations of the developer with respect to construction of the water line; and the obligations of the City with respect to granting impact fee credits. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution and Subdivision Improvement Agreement. ATTACHMENTS: Description Upload Date Type Resolution approving Northpointe Ageement 2/8/2017 Resolution Exhibit 1, Subdivision Improvement Agreement Phases II- 2/7/2017 Exhibit IV Water line improvement Exhibit 2/8/2017 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT WITH LGI HOMES -TEXAS LLC FOR NORTHPOINTE CROSSING, PHASES II -IV. WHEREAS, LGI Homes -Texas LLC (the Owner) owns and desires to develop a parcel of property composed of approximately 113.7 acres of land located entirely within the corporate limits of the City of Anna, Texas (the City); and, WHEREAS, the Owner has agreed to construct certain water facilities in connection with development of the property; and, WHEREAS the Owner has requested water impact fee credits for the construction of said water facilities; 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 Subdivision Improvement Agreement The City Council hereby approves the Subdivision Improvement Agreement for Northpointe Crossing Phases II -IV, attached hereto as Exhibit 1, 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, act under, and enforce the Agreement. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 14th day of February, 2017. ATTEST: APPROVED: Carrie L. Smith, City Secretary Mayor, Mike Crist SUBDIVISION IMPROVEMENT AGREEMENT NORTH POINTE CROSSING PHASES II -IV This Subdivision Improvement Agreement (this "Agreement") is entered into between the City of Anna, Texas (the "City") and LGI Homes -Texas LLC, (collectively, "Owner"). WHEREAS, Owner and the City are sometimes collectively referenced in this Agreement as the "Parties," or, each individually, as "Party"; and WHEREAS, it is the Parties' mutual intent that this Agreement shall govern only the subject matter specifically set forth herein and that this Agreement, and shall supersede any previous agreement between the Parties and City Regulations onlyto the extent that any such agreements or City Regulations directly conflict with the terms of this Agreement; and WHEREAS, Owner owns and desires to develop a parcel or parcels of real property (the "Property") in Collin County, Texas, which is composed of approximately 113.7 acres of land located entirely within the corporate limits of the City of Anna and is more particularly and separately orjointly described in the attached Exhibit A; and, WHEREAS, Owner acknowledges that the obligations undertaken under this Agreement are primarily for the benefit of the Property; and, NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows: SECTION 1 RECITALS INCORPORATED The recitals set forth above are incorporated herein as if set forth in full to further describe the Parties' intent under this Agreement and said recitals constitute representations by Owner and the City. SECTION 2 DEFINITIONS City Code means the Anna City Code of Ordinances. City Manager means the current or acting City Manager of the City of Anna or a person designated to act on behalf of the City Manager with respect to this Agreement if the designation is in writing and signed by the current or acting City Manager. City Regulations mean City Code provisions, ordinances, design standards, uniform codes, and other policies duly adopted by the City. Development means the new development on the Property that is the subject of this Agreement. Easement Acquisition Cost, with respect to the Water Facilities, means the dollar amount actually paid for all of the third -party easement acquisition costs which shall be shall be limited to the SUBDIVISION IMPROVEMENT AGREEMENT, NORTHPOINTE CROSSING PHASES II -IV— Pagel fair -market value of any third party easement acquired for the Water Facilities, plus any damages to the remainder, all as determined by a Licensed Appraiser selected by the City, and Eminent Domain Fees as said fees are hereinafter defined. Easement Acquisition Cost does not include the value of property/easement dedications by Owner that are located within the Property and that are necessary for access, maintenance, repair, or removal of any of the Water Facilities. Estimated Construction Cost with respect to the engineering, design, and construction of the Water Facilities, means $606,559. Final Construction Cost, with respect to the Water Facilities, means the dollar amount actually paid for the engineering, design, and construction of the Water Facilities at the time of full and final completion, dedication and acceptance the Water Facilities. Final Credit Amount, with respect to the Water Facilities, means a dollar amount equal to the Estimated Construction Cost plus the Easement Acquisition Cost, or the Final Construction Cost plus the Easement Acquisition Cost, whichever is less. Water Facilities mean the CR 1106 Water Main Extension to be constructed by Owner as described and depicted in Exhibit B, attached hereto, and in accordance with design/construction plans to be approved by the City. SECTION 3 GENERAL PROVISIONS. (a) Documentation of Actual Amount Paid. Once Owner fully completes the Water Facilities, and before the City has accepted such Water Facilities after inspection, Owner shall provide the City Manager with documentation reasonably acceptable to the City Manager evidencing the Actual Amount Paid. (b) Maintenance Bond. For each construction contract for any part of the Water Facilities, Owner or Owner's contractor further must execute a Maintenance Bond in accordance with applicable City Regulations that guarantee the costs of any repairs which may become necessary to any part of the construction work performed in connection with the Water Facilities, arising from defective workmanship or materials used therein, for a full period of two (2) years from the date of final acceptance of the Water Facilities constructed under such contract. (c) Public Improvements, Generally. Except as otherwise expressly provided for in this Agreement, Owner shall provide all public improvements, including streets, utilities, drainage, sidewalks, trails, street fighting, street signage, and all other public improvements required to serve the Property, at no cost to the City except as provided herein, in accordance with City Regulations, and as approved by the City's engineer or his or her agent. Owner shall cause the installation of such improvements within all applicable time frames in accordance with the City Regulations unless otherwise approved herein. Owner shall provide engineering studies, plan/profile sheets, and other construction documents at the time of platting as required by City Regulations. Such plans shall be approved by the SUBDIVISION IMPROVEMENT AGREEMENT, NORTHPOINTE CROSSING PHASES II -IV — Page 2 City's engineer or his or her agent prior to filing of a Final Plat. Construction of such improvements shall not be initiated until a pre -construction conference has been held regarding the proposed construction and City has issued a written notice to proceed. (d) Acceptance of Water Facilities and Owner's Remedv. It shall not be a breach or violation of the Agreement if the City withholds City water service that it is otherwise obligated to provide to the portion of the Property governed under this Agreement until all required Water Facilities are properly constructed according to the approved engineering plans and City Regulations, and until such Water Facilities are dedicated to and accepted by the City. From and after the inspection and acceptance by the City of the Water Facilities and any other dedications required under this Agreement, such improvements and dedications shall be owned by the City. Owner's sole remedy for nonperformance of this Agreement by the City shall be to seek specific performance and payment pursuant to the terms of this Agreement. (e) Approval of Plats/Plans. Approval by the City, the City's engineer or other City employee or representative, of any plans, designs or specifications submitted by Owner pursuant to this Agreement or pursuant to City Regulations shall not constitute or be deemed to be a release of the responsibility and liability of Owner, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Further, any such approvals shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by Owner's engineer, his officers, agents, servants or employees, it being the intent of the parties that approval by the City's engineer signifies the City's approval on only the general design concept of the improvements to be constructed. (f) Insurance. Owner or its contractor(s) shall acquire and maintain, during the period of time when any of the Water Facilities are under construction (and until the full and final completion of the Water Facilities and acceptance thereof by the City: (a) workers compensation insurance in the amount required by law; and (b) commercial general liability insurance including personal injury liability, premises operations liability, and contractual liability, covering, but not limited to, the liability assumed under any indemnification provisions of this Agreement, with limits of liability for bodily injury, death and property damage of not less than $1,000,000.00. Such insurance shall also cover any and all claims which might arise out of the Water Facilities construction contracts, whether by Owner, a contractor, subcontractor, materialman, or otherwise. Coverage must be on an "per occurrence" basis. All such insurance shall: (i) be issued by a carrier which is rated "A-1" or better by A.M. Best's Key Rating Guide and licensed to do business in the State of Texas; and (ii) name the City as an additional insured and contain a waiver of subrogation endorsement in favor of the City. Upon the execution of Public Improvement construction contracts, Owner shall provide to the City certificates of insurance evidencing such insurance coverage together with the declaration of such policies, along with the endorsement naming the City as an additional insured. Each such policy shall provide that, SUBDIVISION IMPROVEMENT AGREEMENT, NORTHPOINTE CROSSING PHASES II -IV — Page 3 at least 30 days prior to the cancellation, non -renewal or modification of the same, the City shall receive written notice of such cancellation, non -renewal or modification. (g) Indemnification and Hold Harmless. OWNER COVENANTS AND AGREES TO INDEMNIFY AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING, WITHOUT LIMITATION, DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS FEES AND RELATED EXPENSES, EXPERT WITNESS FEES AND RELATED EXPENSES AND OTHER CONSULTANT FEES AND RELATED EXPENSES) ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE NEGLIGENT OR OTHERWISE WRONGFUL ACTS OR OMISSIONS OF OWNER, ITS AGENTS, SERVANTS, CONTRACTORS, SUBCONTRACTORS, MATERIAL MEN OR EMPLOYEES IN CONNECTION WITH THE DESIGN, CONSTRUCTION OR INSTALLATION OF THE WATER FACILITIES, INCLUDING BUT NOT LIMITED TO INJURY OR DAMAGE TO CITY PROPERTY. SUCH INDEMNITY SHALL SURVIVE THE TERM OF THIS AGREEMENT. AT NO TIME SHALL THE CITY HAVE ANY CONTROL OVER OR CHARGE OF THE OWNER'S DESIGN, CONSTRUCTION OR INSTALLATION OF ANY OF THE WATER FACILITIES THAT ARE THE SUBJECT OF THIS AGREEMENT, NOR THE MEANS, METHODS, TECHNIQUES, SEQUENCES OR PROCEDURES UTILIZED FOR SAID DESIGN, CONSTRUCTION OR INSTALLATION. THIS AGREEMENT DOES NOT CREATE A JOINT ENTERPRISE BETWEEN THE CITY AND OWNER. OWNER FURTHER COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY AGAINST ANY AND ALL CLAIMS OR SUITS, BY ANY PERSON CLAIMING AN OWNERSHIP INTEREST IN THE PROPERTY WHO HAS NOT SIGNED THIS AGREEMENT AND WHICH CLAIMS: (1) ARISE IN ANY WAY FROM THE CITY'S RELIANCE UPON OWNER'S REPRESENTATIONS IN THIS AGREEMENT; (2) RELATE IN ANY MANNER OR ARISE IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH OWNERSHIP OF THE PROPERTY; OR (3) ARISE IN ANY WAY FROM THE CITY'S APPROVAL OF ANY TYPE OF DEVELOPMENT APPLICATION OR SUBMISSION WITH RESPECT TO THE PROPERTY. NOTWITHSTANDING THIS PROVISION OR ANY OTHER PROVISION OF THIS AGREEMENT, OWNER SHALL NOT BE OBLIGATED TO INDEMNIFY, DEFEND, OR HOLD THE CITY HARMLESS FOR THE CITY'S OWN NEGLIGENCE OR GROSS NEGLIGENCE. (h) Eminent Domain. Owner agrees to use reasonable efforts to obtain all third -party rights -of - way, consents, or easements, if any, required for the Water Facilities. If, however, Owner is unable to obtain such third -party rights -of -way, consents, or easements within ninety (90) days of commencing efforts to obtain the needed easements and right of way, the City agrees to take reasonable steps to secure same (subject to City Council authorization after a finding of public necessity) through the use of the City's power of eminent domain. Owner shall be responsible for funding all reasonable and necessary legal proceeding/litigation costs, attorney's fees and related expenses, and appraiser and expert witness fees (collectively, "Eminent Domain Fees") paid or incurred by the City in the exercise of its eminent domain powers and shall escrow with a mutually agreed upon SUBDIVISION IMPROVEMENT AGREEMENT, NORTHPOINTE CROSSING PHASES II -IV— Page 4 escrow agent the City's reasonably estimated Eminent Domain Fees both in advance of the initiations of each eminent domain proceeding and as funds are needed by the City. Provided that the escrow fund remains appropriately funded in accordance with this Agreement, the City will use all reasonable efforts to expedite such condemnation procedures so that the Water Facilities can be constructed as soon as reasonably possible. If the City's Eminent Domain Fees exceed the amount of escrowed funds, Owner shall deposit additional funds as requested by the City into the escrow account within ten (10) days after written notice from the City. Any unused escrow funds will be refunded to Owner with ten (10) days after any condemnation award or settlement becomes final and non -appealable. Nothing in this subsection (h) is intended to constitute a delegation of the police powers or governmental authority of the City, and the City reserves the right, at all times, to control its proceedings in eminent domain. SECTION 4 WATER FACILITIES (a) Owner Obligations. (1) Owner is responsible for funding and construction of all public improvements required by City Regulations to serve the Property, including but not limited to the Water Facilities. (2) Owner agrees to complete in a good and workmanlike manner construction of the Water Facilities prior to the date a final plat for any portion of the Property included in Northpointe Crossing, Phase III or Phase IV further described in Exhibit C, is officially recorded in the Land Recordings with the Collin County Clerk's Office. (b) City Obligations (1) The Final Credit Amount shall be a credit against water impact fees otherwise due to the City from the Development of the Property. The water impact fee credit for the construction of the Water Facilities shall be redeemed at the time of issuance of building permits, and such redemption shall apply to the full amount of the water impact fees that would otherwise be collected until the water impact fee credit authorized by this Agreement has been exhausted. (2) Notwithstanding Section 4(b)(1) above, the water impact fee credit for construction of the Water Facilities shall not exceed the total amount of water impact fees due from Development of the Property. (3) Notwithstanding Section 4(b)(1) above, the water impact fee credit authorized by this Agreement shall expire on September 30 in the fifteenth year following the date the Water Facilities are complete and formally accepted by the City. SUBDIVISION IMPROVEMENT AGREEMENT, NORTHPOINTE CROSSING PHASES II -IV —Page 5 (4) The City shall have the right to collect water impact fees due from the Development of the Property after the credit authorized by this Agreement has been exhausted or after the credit expires, whichever occurs first. SECTION 5 EFFECTIVE DATE The Effective Date of this Agreement is the date that the last of the Parties' signatures to this Agreement is fully and properly affixed to this Agreement and acknowledged by a public notary. The City's duties and obligations hereunder shall not arise unless and until the City Council has duly adopted this Agreement and Owner has duly executed same. SECTION 6 TERMINATION This Agreement and all obligations of the Parties hereto, shall terminate upon full performance of the terms of this Agreement. SECTION 7 SUCCESSORS AND ASSIGNS (a) All obligations and covenants of Owner under this Agreement shall constitute covenants running with the land, and shall bind Owner and each successive owner of all of any portion of the Property; provided, however, the terms of this Agreement shall (i) not be binding on the owner of any residence that is purchased by such owner from a homebuilder, and (ii) be subordinate to the lien of (and shall not be binding on) any mortgagee who finances or refinances residences constructed on the Property. (b) Without limiting the generality of the foregoing and except as otherwise provided in this paragraph, Owner has the right (from time to time upon delivery of 14 days' prior written note to the City) to assign this Agreement, in whole or in part, and including any obligation, right, title, or interest of Owner under this Agreement, to any person or entity (an "Assignee") that is or will become an owner of any portion of the Property or that is an entity that is controlled by or under common control with Owner. further, no assignment by Owner shall release Owner from any liability that resulted from an act or omission by Owner that occurred prior to the effective date of the assignment unless the City approves the release in writing. Notwithstanding the foregoing, Owner shall not assign this Agreement, in whole or in part, to an Assignee if the City, after action by the City Council (which action shall be considered by the City in good faith based upon financial and performance criteria, and which action shall not be unreasonably withheld, conditioned or delayed), notifies Owner within 14 days of receipt of the written notice required by this Section 7(b) that such Assignee fails to satisfy the City's financial and performance criteria. If the City provides such notice to Owner then the Parties, within 14 days of such notice, shall mediate the dispute. The mediator shall be mutually agreed -upon; and the cost of such mediator shall be paid equally by the Parties. The mediator's determination shall be binding on the Parties. If a Party refuses to mediate, then the decision of the Party willing to mediate shall be binding. SUBDIVISION IMPROVEMENT AGREEMENT, NORTHPOINTE CROSSING PHASES II -IV — Page 6 (c) Each assignment shall be in writing executed by Owner and the Assignee and shall obligate the Assignee to be bound by this Agreement to the extent this Agreement applies or relates to the obligations, rights, title, or interests being assigned. From and after such assignment, the City agrees to look solely to the Assignee for the performance of all obligations assigned to the Assignee and agrees that Owner shall be released from subsequently performing the assigned obligations and from any liability that results from the Assignee's failure to perform the assigned obligations; provided, however, Owner shall not be released until the City receives an executed copy of such assignment. Further, no assignment by Owner shall release Owner from any liability that resulted from an act or omission by Owner that occurred prior to the effective date of the assignment unless the City approves the release in writing. Owner shall maintain written records of all assignments made by Owner to Assignees, including a copy of each executed assignment and the Assignee's Notice information as required by this Agreement, and, upon written request from any Party or Assignee, shall provide a copy of such records to the requesting person or entity. SECTION 8 MISCELLANEOUS PROVISIONS (a) Authority to execute contract. The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions or other act extending such authority have been duly passed and are now in full force and effect. (b) Notice. All notices, demands or other communications required or provided hereunder shall be in writing and shall be deemed to have been given on the earlier to occur of actual receipt or three (3) days after the same are given by hand delivery or deposited in the United States mail, certified or registered, postage prepaid, return receipt requested, addressed to the parties at the addresses set forth below or at such other addresses as such parties may designate by written notice to the other parties in accordance with this notice provision. If to the City: City of Anna Attn: City Manager P.O. Box 776 111 N. Powell Parkway Anna, TX 75409 If to Owner: LGI Homes Group, LLC Attn: Jack Lipar 1450 Lake Robbins Drive; Suite 430 The Woodlands, TX 77380 SUBDIVISION IMPROVEMENT AGREEMENT, NORTHPOINTE CROSSING PHASES II -IV — Page 7 (c) Complete Agreement. This Agreement embodies the entire Agreement between the Parties and cannot be varied or terminated except as set forth in this Agreement, or by written agreement of the City and Owner expressly amending the terms of this Agreement. (d) Applicable Law and Venue. This Agreement shall be performable and all compensation payable in Collin County, Texas. Venue and exclusive jurisdiction under this Agreement lies in a court of competent jurisdiction in Collin County, Texas. (e) Severability. If any clause, paragraph, section or portion of this Agreement shall be found to be illegal, unlawful, unconstitutional or void for any reason, the balance of the Agreement shall remain in full force and effect and the unlawful provision shall be replaced with a provision as similar in terms and effect to such unlawful provision as may be valid, legal and enforceable. (f) Representation. Each signatory representing this Agreement has been read by the party for which this Agreement is executed and that such Party has had an opportunity to confer with its counsel. (g) Consideration. This Agreement is executed by the Parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is hereby acknowledged. (h) Waiver. Waiver by either Party or any breach of this Agreement, or the failure of either Party to enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit or waive such Party's right thereafter to enforce and compel strict compliance of the Agreement. (i) Miscellaneous Drafting Provisions. This Agreement was drafted equally by the Parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any Party shall not apply. Headings in this Agreement are for the convenience of the Parties and are not intended to be used in construing this document. (j) No Other Beneficiaries. This Agreement is for the sole and exclusive benefit of the City, Owner and Payee and is not intended to and shall not confer any rights or benefits on any third party not a signatory hereto. (k) Binding Effect. This Agreement shall bind and inure to the benefit of the City and Owner and to any successor owner/developer of the Property, may be recorded in the Collin County property records, and runs with the land. (1) Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. [SIGNATURES PAGES FOLLOW, REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] SUBDIVISION IMPROVEMENT AGREEMENT, NORTHPOINTE CROSSING PHASES II -IV — Page 8 e TA111a LGI Homes -Texas LLC, a Texas Limited Liability Company By: LGI HOMES, INC., a curpgration, its owner/manager By: s' C Title: %, v IN WITNESS WHEREOF: STATE OF TEXAS COUNTY OF Before me, the undersigned notary public, on theF day of 5a k 2017, personally appeared Michael Snider, known to me (or proved to me) to be the p rson whose name is subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same in his or her capacity as Authorized Signatory of LGI Homes, Inc. on behalf of LGI Home -Texas LLC. (n� l� l� f Notary Publi State of Texas �-0t�PY P�/Q/ REGINA ELLIOTT ;$Z.�°4t%Notar Public, Stete of Texas ' S Comm, Expires 08-164020 Notary ID 10838310 SUBDIVISION IMPROVEMENT AGREEMENT, NORTHPOINTE CROSSING PHASES II -IV— Page 9 CITY OF ANNA 39 Philip Sanders, City Manager IN WITNESS WHEREOF: STATE OF TEXAS COUNTY OF Before me, the undersigned notary public, on the day of 2017, personally appeared Philip Sanders, known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his capacity as City Manager of the City of Anna, Texas. Notary Public, State of Texas SUBDIVISION IMPROVEMENT AGREEMENT, NORTHPOINTE CROSSING PHASES II -IV — Page 10 ATTACHMENTS Exhibit A — The Property (legal description and drawing) Exhibit B — Water Facilities Exhibit C— Northpointe Crossing, Phases III and IV SUBDIVISION IMPROVEMENT AGREEMENT, NORTHPOINTE CROSSING PHASES II -IV — Page 11 i:►:cu:11r_1 Being a 113.68 acre tract of land situated in the SAMUEL MOORE SURVEY, ABSTRACT NO. 627, Collin County, Texas, and the ROBERT WHITAKER SURVEY, ABSTRACT NO. 1011, Collin County, Texas and being portion of that called 188.971 acre tract described in Deed dated May 16, 1973, from L.L. Leslie, Karl Leslie, Billie Stimson DeArman and husband, Wilson I. DeArman to Kerry E. Burleson and Kenneth S. Burleson as recorded in Volume 866, Page 810, of the Deed Records of Collin County, Texas, same being that certain tract of land to UDF Northpointe II LP, by deed recorded in Instrument 20090608000700660, said Deed Records, and being more particularly described by metes and bounds as follows: BEGINNING at a'/ -inch iron rod found for the most westerly southwest corner of Northpointe Crossing, Phase I North, an addition to the City of Anna, Collin County, Texas, according to the plat thereof recorded in Volume 2006, Page 819, of the Plat Records of Collin County, Texas, same being on the west line of said called 188.971 acre tract of land, same being on the east line of that certain called 34.81 acre tract of land to Milton Lentz, by deed recorded in Volume 798, Page 269, of said Deed Records; THENCE along the south line of said Northpointe Crossing, Phase I North, and through the interior of said called 188.971 acre tract as follows: South 87° 04' 11" East, a distance of 764.83 feet to a'/ -inch iron rod found for corner; South 07' 05' 32" West, a distance of 290.77 feet to a'/ -inch iron rod found for corner; South 87' 04' 11" East, a distance of 190.50 feet to a'/ -inch iron rod found for corner; South 66' 15' 43" East, a distance of 57.20 feet to a'/ -inch iron rod found for corner; South 53' 45' 14" East, a distance of 120.48 feet to a'/ -inch iron rod found for corner; South 36° 50' 36" East, a distance of 50.82 feet to a''/z-inch iron rod found for corner; South 34° 32' 22" East, a distance of 172.77 feet to a '/-inch iron rod set for corner, said point being the beginning of a curve to the right having a radius of 155.00 feet, and a delta angle of 370 35' 34"; Along said curve to the right, an arc distance of 101.70 feet, and a chord bearing and distance of South 150 44' 34" East, 99.88 feet to a''/z-inch iron rod set for corner; South 030 03' 12" West, a distance of 19.96 feet to a''/z-inch iron rod set for corner; South 86' 56' 47" East, a distance of 170.00 feet to a'/ -inch iron rod set for corner; South 03' 03' 12" West, a distance of 61.22 feet to a'/z-inch iron rod set for corner; North 850 37' 36" East, a distance of 121.02 feet to a '/z-inch iron rod set for corner; South 03' 03' 12" West, a distance of 100.85 feet to a'/ -inch iron rod set for corner; North 85' 37' 36" East, a distance of 156.50 feet to a''/z-inch iron rod set for corner, said point being the southeast corner of said Northpointe Crossing, Phase I North, same being on the east line of said called 188.971 acre tract, same being on the west line of the Collin County Estates, an unrecorded addition; THENCE South 02° 47' 34" West, along the common line of said called 188.971 acre tract, and said unrecorded Collin County Estates, passing at a distance of 1164.39 feet a %-inch iron rod found, and continuing a total distance of 1750.78 feet to a '/z-inch iron rod found for corner, said point being the northeast corner of Northpointe Crossing, Phase I South, an addition to the City of Anna, Collin County, Texas, according to the plat thereof recorded in Volume 2006, Page 820, of said Plat Records; THENCE along the north line of said Northpointe Crossing, Phase I South, and through the interior of said called 188.971 acre tract as follows: North 87' 15' 40" West, a distance of 538.42 feet to a '/z-inch iron rod set for corner; South 79' 49' 10" West, a distance of 114.93 feet to a '/z-inch iron rod set for corner; South 68' 59' 28" West, a distance of 60.00 feet to a '/z-inch iron rod set for corner; South 21 ° 00' 32" East, a distance of 120.00 feet to a '/z-inch iron rod set for corner; South 680 59' 28" West, a distance of 9.00 feet to a'/z-inch iron rod set for corner; South 21' 00' 32" East, a distance of 50.00 feet to a''/z-inch iron rod set for corner; North 68' 59' 28" East, a distance of 9.00 feet to a '/z-inch iron rod set for corner; South 210 00' 32" East, a distance of 120.00 feet to a''/z-inch iron rod set for corner; South 68' 59' 28" West, a distance of 423.24 feet to a '/-inch iron rod set for corner; South 020 54' 05" West, a distance of 114.26 feet to a''/z-inch iron rod set for corner; North 87' 15' 40" West, a distance of 160.00 feet to a'/ -inch iron rod set for corner; North 02' 54' 05" East, a distance of 43.77 feet to a '/z-inch iron rod set for corner; South 680 59' 28" West, a distance of 250.66 feet to a''/z-inch iron rod set for corner; South 17' 22' 50" East, a distance of 170.63 feet to a '/z-inch iron rod set for corner; South 02' 54' 05" West, a distance of 91.53 feet to a '/z-inch iron rod set for corner; South 30' 49' 21" West, a distance of 147.55 feet to a''/z-inch iron rod set for corner, said point being the most westerly northwest corner of said Northpointe Crossing, Phase I South; THENCE South 21' 00' 31" East, along the west line of said Northpointe Crossing, Phase I South, a distance of 11.02 feet to a '/z-inch iron rod set for corner, said point being the most easterly northeast corner of the East right-of-way line of the Union Pacific Railroad (125 foot right-of-way at this point); THENCE South 03' 09' 28" West, along the north right-of-way line of said Union Pacific Railroad, a distance of 63.55 feet to a '/-inch iron rod set for corner, said point being on the east line of said called 188.971 acre tract; THENCE North 21° 00' 32" West, along the common line of said called 188.971 acre tract, and the east right-of-way line of said Union Pacific Railroad, a distance of 2449.25 feet to a '/-inch iron rod set for corner, said point being the most westerly northwest corner of said called 188.971 acre tract, same being the southwest corner of said Lentz tract; THENCE South 86' 58' 07" East, along the common line of said called 188.971 acre tract, and said Lentz tract, a distance of 655.74 feet to a '/z-inch iron rod found for corner, said point being the southeast corner of said Lent tract, some being on internal angle of said called 188.971 acre tract; THENCE North 02' 55' 49" East, along the common line of said called 188.971 acre tract, and said Lentz tract, a distance of 1424.77 feet to the POINT OF BEGINNING and containing 4,954,075 square feet or 113.730 acres of computed land, more or less. M NVld IAO/,Vl H31VM lltltl3AO ' /� SM33N/ON3�� SVX31'VNNV e Oil LI -° NOSMVO-3dVd 3NIl H31VM ,.% 90t L F10 @ 9 s a Sqq ege i E'Cn 3QF EyaEFa= a O N - q,ac E+ gp - wt";aa= :sa ak O $$[`�d siN • �€ � z�L, w F a£pae3�'a w a`' e r L� I Ry53 i I f y I { I Ta I+ ID 1 b•e � o _ --- g T 8€ i I � t a i gg��Y Y 1 III 9 6 , � a 8 T A; i e �Me y T :' lb 10 10. w BELFORD \ STREET NORTH CARLYLE STREET � � 7� � r I Wll A i.• PROPOSED 16" WATER LINE � .o a o r- Z O N d' L' m eELFORD STREET SOUTH � x � _ ERNON STREET i - - �� ..w ♦ � .. '�' � - ICI w� p. Q f 7 11 e A K-�;Y�+• a I I t 9 b Rai �i` �.•I `�_ , 4'`''� ,. f ; �- ! i YOUR} HOMETOWN AGENDAITEM: Consider/Discuss/Action regarding a Resolution amending the City's Capital Improvements Plan (Joseph Johnson) SUMMARY: Item No. 8. City Council Agenda Staff Report Meeting Date: 2/14/2017 setting a Public Hearing for the purpose of Land Use Assumptions and Impact Fees. Impact fees are authorized under Chapter 395 of the Texas Local Government Code and may be imposed upon new developments to fund both existing and proposed infrastructure that is necessary to provide service to a development. Our last water and wastewater impact fee update was completed in 2014. By statute the City is required to review the Land Use Assumptions and Capital Improvement Plan (CIP) at least once every 5 years but may update them sooner as growth patterns, land use and infrastructure needs change. Many of the projects on our adopted CIP have been constructed or will begin construction soon and over the last 2-3 years new infrastructure needs have become apparent. Over the past several months staff has worked with our engineering consultant to identify water and wastewater infrastructure projects that should be added to our CIP. Subsequently, land use assumptions, population projections and calculated maximum fees were evaluated with new recommendations for the population projections, and calculated maximum fees. On February 6, 2017 the draft report was presented to the Impact Fee Advisory Committee which subsequently took action approving a letter addressed to the Council concurring with the findings of the draft report and finding that the report is in general compliance with Texas Local Government Code Chapter 395. In order to move forward with updating the CIP, Land Use Assumptions and Impact Fees, the Texas Local Government Code, Chapter 395 requires that the City Council set a date and time to hold a public hearing. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution setting a Public Hearing on March 28th at 7:30 p.m. for the purpose of receiving public comment on proposed amendments to City's Capital Improvements Plan, Land Use Assumptions and Impact Fees. ATTACHMENTS: Description Upload Date Type Resolution Setting Public Hearing 2/9/2017 Resolution Impact Fee Advisory Committee Letter 2/8/2017 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, SETTING A DATE FOR A PUBLIC HEARING FOR THE PURPOSES OF AMENDING THE CITY'S CAPITAL IMPROVEMENTS PLAN, LAND USE ASSUMPTIONS AND IMPACT FEES. WHEREAS, Chapter 395 of the Local Government Code has outlined the procedure for updating impact fees periodically; and, WHEREAS, it is desirable to update the impact fees assessed by the City of Anna; and WHEREAS, an engineering study has been completed on the existing and proposed water and wastewater infrastructure to meet the needs of the City for future development; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT Section 1. A public hearing shall be held to approve amendments to the capital improvements plan, land use assumptions and impact fees, as provided by chapter 395 of the Texas local government code. Section 2. The public hearing will be held at 7:30 pm at 111 N. Powell Parkway, Anna, TX 75409 on March 28, 2017. Section 3. Any member of the public has the right to appear at the public hearing and present evidence for or against the plan and proposed fees. Section 4. A public notice shall be posted for the public hearing meeting all the requirements of Chapter 395 of the Texas Local Government Code for the amendment of impact fees. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this the14t" day of February 2017. ATTEST: APPROVED: Carrie L. Smith, City Secretary Mayor, Mike Crist RESOLUTION: Set Public Hearing— Impact Fee Update PAGE I OF 1 2/14/17 City of Anna, Texas Impact Fee Advisory Committee I I I N. Powell Parkway Anna, Texas 75409 February 6, 2017 Re: Water and Wastewater Impact Fee Update Impact Fee Advisory Committee Recommendation Honorable Mayor Crist and the City of Anna City Council: The City of Anna Impact Fee Advisory Committee, established in accordance with Section 395.058 of the Texas Local Government Code, met on this date for reviewing the 2017 water and wastewater impact fee update. The Impact Fee Advisory Committee reviewed the 2017 updated Water and Wastewater Impact Fee Land Use Assumptions prepared by the City of Anna Planning and Development Staff; and the 2017 updated Water and Wastewater Capital Improvement Plan, and the calculated Maximum Water and Wastewater Impact Fees prepared by Birkhoff, Hendricks & Carter, L.L.P. Professional Engineers. On behalf of the Advisory Committee, we find the updated Impact Fee Land Use Plan to be consistent with the City's current Comprehensive Plan, and the updated Water and Wastewater Capital Improvement Plan to be consistent with the land use plan. Further, the updated maximum water and wastewater impact fees presented in the 2017 Water and Wastewater Impact Fee Update Report prepared by Birkhoff, Hendricks & Carter, LLP are in general conformance with the requirements of Texas Local Government Code Chapter 395. The Impact Fee Advisory Committee offers no objections. Sincerely CD Chairman, Impact Fee Advisory Committee