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.
'SNOIIVJINnv4WOD XVMH1Vd d0 NOISSIW213d N311R1M SSRdX3 3HiinOHiJM 43M011V SI NoilonaOH321
L
UON SNOIlVJlldnci ON 'SNOIlVJINf1WWOJ AVMH1Vd JO Ud3dMld 3AIsnlDX3 3H13UV Nouvd1Sfllll 21O/4NV NOIlVMlWN13H1
00
a ,n
6917SL Xi'euuV
w
x O
m r`
I X
Aem lied llaMod N TTT
r-i
v
N
sopejSdN A/V pasodoad
a
.
0 3
saagweq� �iouno� Alit
o
Z m
co z
o
a
"
as
u z
e u u d 10 Al!:)LLI
o
o,
o
E
O
LO Q U
RS O Ln
-IdO
.- N U Cl)W
D
�1LA�`
O C\l N 3
W
Uo �0)A U)
N M C
O
U
■v
E
_
+�+ _
7 7 fC .i •N
O
c�acOao m
U
CU
o
tn
N N
� M
99
�O
y M �
v
•1�
O
N N
■� M v On
>
v Ln o a
O LL
u to
=
■�
v X
:a ~ '°
0
a;Zco
Ey M Ln
V CDJ h
3 0°
O as
4-1 X >
Z
�L
N
a
(n
A�
W
CL
0
Lo
0000000
0
0
0
0
0
0
0
000
0
0
0
0000000
0000000
O 0 0
o 0 0
6
M
CO
O
O
CO
CO
LO
O
M
N
r
a;
T
I
LP)
O
f:
w
N
CO)
f-�
T
O
O
O
of
O
Cl)
CO
CO
Ln
(D
0
O
O N N
T M d
O
d
O
r
Ct
r
r
LO
I`
(D
I`
O
T
LO
M
M
CA I- (D
N
T
r
LPy 4 O
r N
611}
603-
69-
69-
60-
61}
61t
60-
60-
6p}
63
61
60-
0-
6}
09-
09-
09-
6F?
1 61� 69 69
m 10-0
0
0
o
o
0
o
o
0000000
O
O
O
O
O
Cf
O
O
O
O
O
O
O
O
O
G CD(O
CD
M
COO
(DM
O
N
(D
N
r
O
r
O
�O
M
0)
O
CO
O
w
m
w
m
CA
m
(D
O
O
~ O
CA
LO
Cr
r
—
N
N
co
CM
UJ
61i
69-
69-
69
69-
09-
bf}
07
U
U)
O
N
69
6F}
6F}
61}
69
ifl
69-
69
a
T
L,D
T
N
N
r
r
r
T
T
N
(D
r
r
L
O V X
,Q
O
0
O
C
U -0
tf
a'`z°a
U X
O
o—
cz
O
N N
O
co
T
J
(�
>
CA a)
O
C
�
Cz (z
p
O(D
V
0
0
r�o
=
cm-
--E
O
0 0
Q
c�
Q
U
.�
c�
—
U
O
-�
U >
¢
U)
D
—
0
U
N
U)
CO
c
_
O
F
CO
O
C
c�
O
a
�W[
+—.
z
U)
U
O
>
M
Q
LU
.CZ
C
U
J
o
o
LO
°
) U �>
dCL
2
U
to 3: Q.
>
�
�
_ O U
U
:
o
O -0 O 7C)
cz'C
E
cz
QLL
_U
U)
•
O
E
as O •— � �
U
N
O
O O
o o
CO
`o
O
a
m
a)N_
(�
O>O
c
�'
r
�
EU-
_O
co N
o
U
U
ECl
(D�>
CM � U
�
�
o
p
Q
Ecz
o
0
0
0
70
U
N
0
Q
N�
0
0
0
CO
>� N
O
cat
70 Q
cC
3
o_
o_
o_
o
O
(D
o
M x
cr�Y
cr�tYS
_o
�
Co..ff
E
Q U
'' 11 II
Q w
(�
LL
/^�
om
//��ce�Y
LL
LO
rc���ff
FV
�U
�
L
c_
E
�>\\�
(D r
C
C
C
C
C0-
>
F-
O
O
■N
V
N
.0
E
d• Q U
(C O :E rcc
=Cn NrQ
a N M 0 0
O r M n� O U
Cr
V O M(A
N M C
O
L
(D i
0 ,O+ C > -
41 O 0c0
0
0
0
co
0
rn
of
O
(C
O
H
to cc
0
�- F-
cn O
(� 4--j
N 4-1
`Z0
N N
T � ^
cz
U
U 0)
O
O
U >
O
W
c
o
W
U Qm
� U
0 0
(n -0 O
._ .� a LL
o0.9
0--o
E�
cn = O
� N U
cz O
O U)
O
>
U �
" 0 Q
Q U
A
N O
IM9W
x,
H
E
O
cM Q U
N O .0 Ul
r U) a) a
C '3 r Q (C (O
aN CO �G O
O r- = ow
C) U
ca
=C( 3
UCD �rnA cn
N M c
O
L
a)
O 41 «O. C >
O O c0
O L G.1
0 oaca(Lo 0)
I
0000000 OOo 00000 O
0 0 0 0 0 o O 0 0 0 O O O o 0 O
. . . . . . . . . . . . . . .
wmO mON O M (60 00(OLn0 r
M O W LO M r r d 0 'd' Ch CO N LO M M
O cP O r R* r r N CO � C`M I` CO R* CDr
CU Lfl L!i N .
6F} 6% 613V e% <a 6111- 60- 69 69 (a 60- d9 69 e% e% 6q e% b)
0000000 00000=
0 0 0 0 0 0 0 0 0 0 0 0
(OCOOO 6N O OOMLOQ
M (O CO N (O r r O M (O LO M
O LO RI r 0 CO r r C7 r V
i
N m p
e6F} 69 6f} 6F- 6Fi 6F} 6F} 69 (n 07 69 6F} 64 6R 69 a
N N =
�0
r (O r N cq r r Q r W N r r 0
U
O
(n o
O
U O
O — _U
J C O
U >
O — U)
U
> 7
0 Cl) U 0 00
I- C) c m U
Q -O - O U)
�C13Ccz_0o
°- �Q D�
U
0),2 o .
O -
M � _� c
0 i
co U
_ ai
to
C) Q p c O
W u O G
U J cz
Lo
LO Cd06
•
= U c to
c� 'a
G
o
U V
U) • to
N c
� U
M W
c
MT
Mw^O^`
l"J W lU
N > N
T N _
QO Q
U O
a) -0
� Q
I co >
0
Q
O O N `�-
Ul
a 0 0 0
o 0 0 o
x
O cis as
wW a_a_ w
a o.
c c c I--
O
0
vi
M
M
V07
0
4
0
0
0
co
M
O)
■
(f}
0-
0
O
O
C7
5 •Z
1
X .
a
C
N Q U
fC O to
to
Q r N Q'to .Y 0
O r M a)U
O r T N
r 0 h 3
U o -'l�� cn
N M C
L
.O
L >,
C C >
i to
oalnoa.m a)
0 00
0000
u7
u)
u)
00
O 1` CM
C)
P
N
I - 00
T T •
•
61)-
6 -
6el-
6 -
60-
to
60-
6ev
69-
69- 6i 60- ER
O
O
O
O
O
O
O
O
O
a;
0
O
•
•
u7
N
u)
00
0
CO)
P
P
W •a E
613-
0-
69,
613•
60-
6 -
61}
60
60
64 N r O
1
0 ZM U)
P
N
P
P
•i CL •i
aC� Q, +CCQ% •
m
ui
0
U
C
tz
C
C
(D
.�
U
C
0
M
c
U
U
c
O
}
�>
m
>0
(Dw
U
(D
cc:
O
N
0U
�2
C)
�•
CO
w
0
�
Cz
o
Y
5�
ui
N
T
My�
W
C
•
•
a�
U
0CD 0 0
ui o ui
CO N 000
T T
O10 1.=
P I P
E
(v
U)
_o
�U
0
O 0
� o
U
� c
o
o
0
c CT
Cz M
O O
0 0
CzCz
CzCz
U)U)
CC
O
O
Lri
M
00
P
60-
0
0
0
N
ti
M
O 4-
a �o
_N
o o
Cu� M
,(L) 2i
�
O
N j
0.
N ^1
T• 7C)^ W
U) W
0 .Q U
U UJ
' O }'
O
U >
O
N
(z
•� o vi
°c Q Q
L�
CL
a �U
• U) O �
o .U) Q.LL
aE`s 70 o
• � 0
Q-0 �
oo
0--0 O
O
N N •E
+-�
� � U
Cz O
4-1
O U)
W ' A
U
Cz
� � Q
a) Q. U
b9'
-01
O
O
O
O
O
N
srl
1
4
cn O ++ O p •> •c9
V a in iL a
■
LO
N N
r � M
J p o
10
_ � v
C^y N
0
P
'�k P X X
uto LL a
■� U P
X _
Np
dl O O0
,o
LO
O H � N
p � P O
vv
U=
O
3 0�
p O
Z
a
�-J
M
.0
Q
0000000 000 0000 0
0 0 0 0 0 0 0 o 0 0 0 0 0 0 0
00 6 M 6 O I` 4 O CV CV I` O O Ln CV
r 00 00 (D N I- I- 0 O M t- O CO O co
0o M 11* N r- r r LO M 00 (D M I- r O
r r N I- I- r N
0 0 0 0 0 0 0 0 0 0 0
O O O O O O O O O O O =_
w Lo M 0 00ItT I` 4il- ' ' M 06 O O ui ' (n
00 NIt* N N r r C Cl) I,- r N
r r
OL
rfrrf>����69-69-c0� c o cfr����a
cn a, N c
,a_ o
r M r r T r r •Y � ,'' T r r r �~
r � Q ate► • r � N
` co a)
� U
N
O X C: U
in O O O
m C 0
O _
> a Q M o
o 2: O U
W CDU i Q)
O O (D>
��U�
p m U) C U
i O O -
n- D O
O�' (..� _) (n
(�
w �= O (D
0- O
cd ,- p E p L
o 0> o.�
J 1 O Q U
IL c
U) J O p N _ Q d
0 1- �
N
a- 0o 0 (D _0 O O C
00 odd O (C
X (3.)
-
N (/ � N N • 4)
O -6 00 O W
O >
I L. 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