HomeMy WebLinkAboutCCmin2019-03-26ANNACITYCOUNCIL
MINUTES
WORK SESSION
March 26, 2019
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 of City Council and
Board.
Mayor Pike called the Council and Board meeting to order at 6:30 p.m.
Council Member Toten was absent.
Council Member Toten arrived during Closed Session.
2. Board of Directors of Reinvestment Zone Number Two, City of Anna
("Board") action items:
a. Discuss and consider approving a final Project and Financing Plan for
Reinvestment Zone Number Two, City of Anna, Texas.
b. Discuss and consider authorizing Chairman and City Secretary to
execute and deliver a TIRZ No. 2 Agreement by and among the City of Anna,
Texas, the Board of Directors of Reinvestment Zone Number Two, City of
Anna, Texas, and CADG Hurricane Creek, LLC, relating to Improvement
Area #1 of the Hurricane Creek Public Improvement District.
c. TIRZ No. 2 Board Adjourns.
MOTION a.: Mayor Pike moved to approve final Project and Finance Plan for
Reinvestment Zone Number 2, City of Anna, to reimburse the City for
administrative costs in accordance with final plan. Second to provide a credit
toward a portion of improvement area #1 assessment for each parcel in
accordance with this agreement and final plan subject to the maximum plan TI RZ
#2 minimal credit as described in Section V. g. 2 of service assessment plan.
Council Member Miller seconded. Motion carried 6-0.
MOTION b.: Mayor Pike moved to approve final Project and Finance Plan for
Reinvestment Zone Number 2, City of Anna, to reimburse the City for
administrative costs in accordance with final plan. Second to provide a credit
toward a portion of improvement area #1 assessment for each parcel in
accordance with this agreement and final plan subject to the maximum plan TIRZ
#2 minimal credit as described in Section V. g. 2 of service assessment plan.
Council Member Beazley seconded. Motion carried 6-0.
MOTION c. : Mayor Pike moved to adjourn the board at 6:48 p.m. Council
Member Beazley seconded. Motion carried 6-0.
3. City Council Action items:
a. Discuss and consider approving a final Project and Financing Plan for
Reinvestment Zone Number Two, City of Anna, Texas.
b. Discuss and consider authorizing Chairman of Reinvestment Zone
Number Two, City of Anna, Texas, Mayor and City Secretary to execute and
deliver a TIRZ No. 2 Agreement by and among the City of Anna, Texas, the
Board of Directors of Reinvestment Zone Number Two, City of Anna, Texas,
and CADG Hurricane Creek, LLC, relating to Improvement Area #1 of the
Hurricane Creek Public Improvement District.
MOTION a. & b.: Mayor Pike moved to approve final Project and Finance Plan for
Reinvestment Zone Number 2, City of Anna, to reimburse the City for
administrative costs in accordance with final plan. Second to provide a credit
toward a portion of improvement area #1 assessment for each parcel in
accordance with this agreement and final plan subject to the maximum plan TI RZ
#2 minimal credit as described in Section V. g. 2 of service assessment plan.
Council Member Miller seconded. Motion carried 6-0.
4. 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). Consultant Contract, Meeting Procedures, zoning ordinance
b. Discuss or deliberate the purchase, exchange, lease, or value of real property
(Tex. Gov't Code §551.072); city facilities; acquisition of easements
C. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); City
Attorney Annual Review
d. 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); possible incentive agreements
with property developers; pending negotiations on development agreements.
MOTION: Council Member Beazley moved to enter Closed Session. Council
Member Tutson seconded. Motion carried 6-0.
Mayor Pike recessed the meeting at 6:47 p.m.
Mayor Pike reconvened the meeting at 7:46 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.
5. 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.
None.
6. Adjourn. There being no further business before the Council, we will consider this
meeting adjourned at p.m.
Mayor Pike adjourned the meeting at 7:46 p.m.
ATTEST:
City Secretary Carrie L. Smith
Approv on e )2019.
Mayor Nat Pike
ANNA CITYCOUNCIL
MINUTES
REGULAR SESSION
March 26, 2019
1. Call to Order/Roll Call and Establishment of Quorum
Mayor Pike called the meeting to order at 7:46 p.m.
All members were present.
2. Invocation and Pledge of Allegiance.
Mayor Pike 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.
Andrew Michrina - Thanked Council for the dog park.
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.
a. Proclamation - National Child Abuse and Neglect Prevention Month (Chief
Caponera)
5. Consent Items.
These items consist of non -controversial or "housekeeping" items required by
law. Items may be considered individually by any Council member making such
request prior to a motion and vote on the Consent Items.
a. Approve City Council Meeting Minutes for March 12, 2019. (Carrie Smith)
b. Review meeting minutes from the CDC Meeting held on January 3, 2019.
C. Review meeting minutes from the CDC Meeting held on February 13, 2019.
d. Approve a Resolution approving an amendment to the original Memorandum
of Understanding between the City of Anna and the Anna Independent School
District regarding cooperation between the Anna Police Department and the
Anna Independent School District ("Anna ISD") Police Department and
authorize the City Manager to execute the MOU. (Chief Caponera)
MOTI ON: Council Member Tutson moved to approve Consent Agenda Items a, b
and c. Council Member Miller seconded. Motion carried 7-0.
In November 2016, the City of Anna and Anna ISD entered into a
Memorandum of Understanding (MOU) to foster a cooperative atmosphere
between the two agencies. Under the original agreement, the City of Anna did
not have a canine program within the police department. This acquisition
requires the agreement be amended to include canine services. Section I I of
the MOU addresses this acquisition and specifies the terms of use for said
program.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AN
AMENDMENT TO THE ORIGINAL MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF ANNA AND THE ANNA
INDEPENDENT SCHOOL DISTRICT REGARDING COOPERATION
BETWEEN THE ANNA POLICE DEPARTMENT AND THE ANNA
INDEPENDENT SCHOOL DISTRICT ("ANNA ISD") POLICE
DEPARTMENT
MOTION: Council Member Miller moved to approve item d. Council Member
Bryan seconded. Motion carried 7-0.
6. Presentation by City's Auditors regarding the FY 2018 Comprehensive
Annual Financial Report (Dana Thornhill)
Auditor Rod Abbott reviewed the Audit.
Council Member Miller moved to go into Closed Session for legal advice. Council
Member Tutson seconded. Motion carried 7-0
In accordance with Chapter 551 of the Government Code, Consult with legal
counsel, Mayor Pike recessed the meeting at 8:08 p.m.
Mayor Pike reconvened the meeting at 8:26 p.m.
7. Consider/Discuss/Action on a Resolution accepting the FY 2018 audit
report. (Dana Thornhill)
A RESOLUTION ACCEPTING THE FISCAL YEAR 2018 FINANCIALAUDIT
OF THE CITY OF ANNA.
MOTION: Council Member Beazley moved to approve. Council Member Tutson
seconded. Motion carried 7-0.
8. Consider, discuss and approve a Resolution adopting a memorandum of
understanding regarding negotiations for a development on the
approximately 325 -acre Sherley Tract. (Clark McCoy)
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A
NONBINDING MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF ANNA, TEXAS AND MM ANNA 325, LLC, REGARDING
NEGOTIATIONS FOR A POTENTIAL SUBDIVISION IMPROVEMENT
AGREEMENT FOR MIXED-USE DEVELOPMENT OF THE SHERLEY
TRACT
MOTION: Mayor Pike moved to approve. Council Member Tutson seconded.
Motion carried 7-0.
9. Consider/Discuss/Action on an Ordinance Amending FY 2019 Budget.
(Ryan Henderson)
At the City Council Strategic Planning session held on March 16, 2019, the Council
present discussed, with consensus, for staff to move forward with the direction of
allocating no more than $125,000 from the Parks Trust Fund towards the design
and build of the City of Anna's first dog park and to construct the dog park at Natural
Springs Park. Upon approval of this item, staff will proceed through a process to
identify a design -build firm for the development of the Natural Springs Dog Park.
Constructing a dog park at Natural Springs Park was identified as a management
action item under Goal 3: Making Anna a Great Place to Live, from the to -be
approved City of Anna Strategic Plan 2019-2024.
AN ORDINANCE AMENDING ORDINANCE NO. 783-2018 ADOPTING THE
BUDGET FOR THE 2018-2019 FISCAL YEAR; PROVIDING FOR SAVINGS,
SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN
EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF.
MOTION: Council Member Tutson moved to approve. Council Member Toten
seconded. Motion carried 7-0.
10. Consider/Discuss/Action on an Ordinance authorizing TMRS Restricted
Prior Service Credits (RPSC) (Jim Proce)
Establishing Restricted Prior Service Credit (RPSC) helps employees reach
vesting and retirement eligibility sooner. Only the service time is counted under
RPSC. Employees/retirees do not receive any monetary credit (no buyback is
involved).
To be eligible to get Restricted Prior Service Credit, the City must offer this option.
RSPC may be established if you have previous full-time employment with any of
these entities:
• A public authority or agency created by the U.S. government
• A U.S. state or territorial government
• Any political subdivision of any state in the U.S.
• Any public agency or authority created by a state or territory of the U.S.
• Any law enforcement entity that employed you as a college campus security
employee at a Texas institution of higher education
• Any of the Statewide Proportionate Retirement Systems in which you have
refunded your account
The benefits to the City of providing this option to employees and to prospective
employees are as follows:
• The City would be in alignment with most TMRS agencies in the region that
provide this option as part of their retirement plan, ensuring that we can remain
competitive in the recruitment market
• It can be used as a recruitment tool, to attract folks who would otherwise pass on
Anna, since they can get this benefit at other TMRS cities.
• It can be used as employee retention tool, to keep existing employees from going
to other agencies with the intent to acquire service credits to reach the 20 year
threshold sooner.
AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT
GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM,
RESTRICTED PRIOR SERVICE CREDIT TO EMPLOYEES WHO ARE
MEMBERS OF THE SYSTEM FOR SERVICE PREVIOUSLY PERFORMED
FOR VARIOUS OTHER PUBLIC ENTITIES FOR WHICH THEY HAVE NOT
RECEIVED CREDITED SERVICE; AND ESTABLISHING AN EFFECTIVE
DATE FOR THE ORDINANCE.
MOTION: Council Member Reeves moved to approve. Council Member Bryan
seconded. Motion carried 7-0.
11. Consider/Discuss/Action on a Resolution amending the Bylaws of the Anna
Economic Development Corporation.
MOTION: Council Member Beazley moved to table this item. Council Member
Bryan seconded. Motion carried 7-0.
12. CLOSED SESSION (EXCEPTIONS)
Under Tex. Gov't Code Chapter 551, the City Council may enter into closed
session to discuss any items listed or referenced on this agenda under the
following exceptions:
a. Consult with legal counsel regarding pending or contemplated litigation and/or
on matters in which the duty of the attorney to the governmental body under the
Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas
clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code
§551.071). Consultant Contract, Meeting Procedures, zoning ordinance
b. Discuss or deliberate the purchase, exchange, lease, or value of real property
(Tex. Gov't Code §551.072); city facilities; acquisition of easements
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); possible incentive agreements
with property developers; pending negotiations on development agreements.
d. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); City
Attorney Annual Review
None.
13. Consider/Discuss/Action on any items listed on the posted agenda or any
closed session occurring during this meeting, as necessary
None.
14. Adjourn.
Mayor Pike adjourned the meeting at 8:44 p.m. ,
Ao-,d
Approv d o the , 2019.
�0kkJ%I�IluJJJJWayor Nate Pike
,..� O .. A V,y
ATTEST: �,'� : ''•. -�
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City Secretary Carrie L. Smith
CITY OF ANNA SPEAKER SIGN -IN FORM
WELCOME TO THE ANNA CITY COUNCIL MEETING!
• Those wishing to address the City Council are asked to complete this form. Please present the form
and ten (10) copies of any written notes or handouts to the City Secretary prior to the Regular
meeting. Groups wishing to address the same issue are encouraged to select a spokesperson.
The Presiding Officer will ask those wishing to address the City Council to do so at the appropriate
time. Please approach the speaker's stand, state your name and address for the record, and discuss
the specific agenda item or topic of interest. Please direct your comments only to the Presiding
Officer. Note: With the exception of public hearings, the City is not required by law to allow for citizen
comment. Please be courteous and refrain from language or behavior that is disorderly or disruptive
to the conduct of City business.
Although the City Council cannot take specific action on Citizens' Comments on items not on the
Regular Agenda due to legal requirements, the City Council may:
1. Have the item placed on a future agenda for action;
2. Refer the item to the full City Council or a subcommittee for further study;
3. Refer the item to staff for study or conclusion.
We appreciate your interest in the community and hope you will visit again soon.
Name: Date: 3 Z Z �7
Address: % r� � 2 J—_ L-A L. 13 0 r �` ��/ ;2 , City/State/Zip: w ��C • 7 s `� c� f
CITIZENS' COMMENTS: This item is available for citizens to speak on any subject including
items on the agenda that are not Public Hearing items. However, by State law, no action may be taken
on the topic. The time limit is three minutes per speaker, not to exceed a total of fifteen minutes for all
speakers. Note that the three-minute time limit applies to each speaker regardless of the number of
items the speaker may choose to discuss.
PLEASE PROVIDE THE TOPIC(S) YOU WILL DISCUSS UNDER THE "CITIZENS' COMMENT"
ITEM: L4 I
PUBLIC HEARING Agenda Item #.
I wish to speak IN FAVOR of this item.
I wish to speak IN OPPOSITION to this item.
I do not wish to speak.
Please record my SUPPORT OPPOSITION.
Additional Comments:
January 18, 2018
Council Speaker Sign -In Sheet
Citizen Participation at Meetings
1. All regular Anna City Council meetings include the agenda item, "Citizens'
Comments." During this time, anyone wanting to address an agenda item or topic
not listed on the agenda may do so. This agenda item is not required by law. The
City Council extends this courtesy to its citizens and asks that speakers be
courteous in their remarks.
2. Those wanting to speak on any subject, including "Public Hearings" are asked to
fill out the Speaker Sign -In Form. The completed Speaker Sign -In Form should
then be given to the City Secretary prior to the beginning of the meeting.
3. If you have written notes or handouts you wish to present to the Presiding Officer
and City Council, provide ten (10) copies to the City Secretary.
4. The Presiding Officer will then call on each speaker to approach the City Council
during the portions of the meeting titles "Citizens' Comments" and "Public
Hearings". Each speaker is limited to three (3) minutes to address a subject. Note
that persons speaking under a "Citizens' Comments" period shall limit their
comments to no more than three (3) minutes regardless of the number of topics
addressed by the person. The length of time for each speaker to address the
Council may be less than three (3) minutes depending on the number of individuals
who have signed up to speak.
5. In situations where a large number of citizens representing a certain delegation
have signed up to speak, the Presiding Officer may ask the group to designate a
spokesperson to present the group's comments to the council.
6. Visitors shall observe rules of decorum and courtesy, remove hats, and speak only
upon recognition by the Presiding Officer. Citizen remarks shall not be related to
any individual Council Member, Staff member or other citizen. No formal action can
be taken on any issue not listed on the agenda. Disorderly conduct and conduct
disruptive to the proceedings may result in an individual's departure from the
proceedings.
7. Once the City Council has proceeded to the next agenda item following "Citizens'
Comments" and "Public Hearings", no one will be allowed to address the City
Council unless asked to do so by the Council.
8. As a general rule, and subject to rules for public hearings, citizens and visitors may
not participate in the discussion of the City Council.
Citizens who have questions about City Council procedures or the Speaker Sign -In
Form may ask for assistance from the City Secretary, City Manager or other staff
members.
January 18, 2018
Citizen Participation at Meetings
CITY OF ANNA SPEAKER SIGN -IN FORM
WELCOME TO THE ANNA CITY COUNCIL MEETING!
• Those wishing to address the City Council are asked to complete this form. Please present the form
and ten (10) copies of any written notes or handouts to the City Secretary prior to the Regular
meeting. Groups wishing to address the same issue are encouraged to select a spokesperson.
The Presiding Officer will ask those wishing to address the City Council to do so at the appropriate
time. Please approach the speaker's stand, state your name and address for the record, and discuss
the specific agenda item or topic of interest. Please direct your comments only to the Presiding
Officer. Note: With the exception of public hearings, the City is not required by law to allow for citizen
comment. Please be courteous and refrain from language or behavior that is disorderly or disruptive
to the conduct of City business.
Although the City Council cannot take specific action on Citizens' Comments on items not on the
Regular Agenda due to legal requirements, the City Council may:
1. Have the item placed on a future agenda for action;
2. Refer the item to the full City Council or a subcommittee for further study;
3. Refer the item to staff for study or conclusion.
We appreciate your interest in the community and hope you will visit again soon.
Name: tJ 0 L
AddressVo, Z L
I C /_/ R / /LJ /9
u /, n)
Date: !�� Z b 1_2,�) l i
City/State/Zip: o ,,J ,4 , TX, *75-V L' 1
CITIZENS' COMMENTS: This item is available for citizens to speak on any subject including
items on the agenda that are not Public Hearing items. However, by State law, no action may be taken
on the topic. The time limit is three minutes per speaker, not to exceed a total of fifteen minutes for all
speakers. Note that the three-minute time limit applies to each speaker regardless of the number of
items the speaker may choose to discuss.
PLEASE PROVIDE THE TOPIC(S) YOU WILL DISCUSS UNDER THE "CITIZENS' COMMENT"
ITEM:
PUBLIC HEARING Agenda Item #.
I wish to speak IN FAVOR of this item.
I wish to speak IN OPPOSITION to this item.
I do not wish to speak.
Please record my SUPPORT
Additional Comments:
OPPOSITION.
January 18, 2018
Council Speaker Sign -In Sheet
Citizen Participation at Meetings
1. All regular Anna City Council meetings include the agenda item, "Citizens'
Comments." During this time, anyone wanting to address an agenda item or topic
not listed on the agenda may do so. This agenda item is not required by law. The
City Council extends this courtesy to its citizens and asks that speakers be
courteous in their remarks.
2. Those wanting to speak on any subject, including "Public Hearings" are asked to
fill out the Speaker Sign -In Form. The completed Speaker Sign -In Form should
then be given to the City Secretary prior to the beginning of the meeting.
3. If you have written notes or handouts you wish to present to the Presiding Officer
and City Council, provide ten (10) copies to the City Secretary.
4. The Presiding Officer will then call on each speaker to approach the City Council
during the portions of the meeting titles "Citizens' Comments" and "Public
Hearings". Each speaker is limited to three (3) minutes to address a subject. Note
that persons speaking under a "Citizens' Comments" period shall limit their
comments to no more than three (3) minutes regardless of the number of topics
addressed by the person. The length of time for each speaker to address the
Council may be less than three (3) minutes depending on the number of individuals
who have signed up to speak.
5. In situations where a large number of citizens representing a certain delegation
have signed up to speak, the Presiding Officer may ask the group to designate a
spokesperson to present the group's comments to the council.
6. Visitors shall observe rules of decorum and courtesy, remove hats, and speak only
upon recognition by the Presiding Officer. Citizen remarks shall not be related to
any individual Council Member, Staff member or other citizen. No formal action can
be taken on any issue not listed on the agenda. Disorderly conduct and conduct
disruptive to the proceedings may result in an individual's departure from the
proceedings.
7. Once the City Council has proceeded to the next agenda item following "Citizens'
Comments" and "Public Hearings", no one will be allowed to address the City
Council unless asked to do so by the Council.
8. As a general rule, and subject to rules for public hearings, citizens and visitors may
not participate in the discussion of the City Council.
Citizens who have questions about City Council procedures or the Speaker Sign -In
Form may ask for assistance from the City Secretary, City Manager or other staff
members.
January 18, 2018
Citizen Participation at Meetings
Citp of Rnna, Texafs
prodamation
NATIONAL CHILD ABUSE AND NEGLECT AWARENESS MONTH
April 2019
WHEREAS, in Federal fiscal year 2017, 4.1 million reports were made to child protective services; and
WHEREAS, nearly 200,000 children in Texas are reported as abused or neglected every year; and
WHEREAS child abuse and neglect is a serious problem affecting every segment of our community, and
finding solutions requires input and action from everyone in our community; and
WHEREAS, our children are our most valuable resources and will shape the future of the Anna, Texas; and
WHEREAS, child abuse can have long-term psychological, emotional, and physical effects that have lasting
consequences for victims of abuse; and
WHEREAS, protective factors are conditions that reduce or eliminate risk and promote the social, emotional,
and developmental well-being of children;
WHEREAS, effective child abuse prevention activities succeed because of the partnerships created between
child welfare, education, health, community- and faith -based organizations, and businesses
and law enforcement agencies; and
WHEREAS, communities must make every effort to promote programs and activities that create strong and
thriving children and families;
WHEREAS, we acknowledge that we must work together as a community to increase awareness about child
abuse and contribute to promote the social and emotional well-being of children and families
in a safe, stable, nurturing environment.
WHEREAS, Prevention remains the best defense for our children and families;
Now, I Nate Pike, Mayor of the City of Anna, do recognize April 2019 as
NATIONAL CHILD ABUSE AND NEGLECT PREVENTION MONTH
in Anna, Texas and urge all citizens to recognize this month by dedicating ourselves to the task of improving
the quality of life for all children and families.
On fitness whereof C7have hereunto set mp hand this
26th dap f C�farch, 2019 d called this seal to be
af�z�ed.
G�
----------- ---
Nate Pike, Mayor
REINVESTMENT ZONE NUMBER TWO,
CITY OF ANNA, TEXAS
PROJECT AND FINANCING PLAN
MARCH 26, 2019
0
TABLE OF CONTENTS
Tableof Contents..........................................................................................................................................1
Section1: Introduction..................................................................................................................................2
Section 2: Description and Maps..................................................................................................................4
Section 3: Proposed Changes to Ordinances, Plans, Codes, Rules, and Regulations....................................4
Section 4: Relocation of Displaced Persons..................................................................................................4
Section 5: Estimated Non -Project Costs........................................................................................................5
Section 6: Proposed Public Improvements...................................................................................................5
Section 7: Estimated Project Costs................................................................................................................5
Section8: Economic Feasibility.....................................................................................................................6
Section 9: Estimated Bonded Indebtedness.................................................................................................6
Section10: Appraised Value.........................................................................................................................7
Section11: Method of Financing..................................................................................................................7
Section 12: Duration of the Zone, Termination............................................................................................8
Listof Exhibits...............................................................................................................................................8
AppendixA — Legal Desc.ription.....................................................................................................................9
AppendixB — Map.......................................................................................................................................11
Appendix C — List of Non -Project Costs.......................................................................................................12
Appendix D — List of Project Costs...............................................................................................................13
Appendix E — Estimated Timeline of Incurred Costs...................................................................................14
AppendixF — Feasibility Study.....................................................................................................................15
REINVESTMENT ZONE NO. 2, CITY OF ANNA, TEXAS
FINAL PLAN
1
SECTION 1: INTRODUCTION
1.1 Authority and Purpose
The City of Anna, Texas, a Texas home -rule municipality (the "City") has the authority under
Chapter 311, Texas Tax Code, Tax Increment Financing Act, as amended (the "Act") to designate
a contiguous or noncontiguous geographic area within the corporate limits or extraterritorial
jurisdiction ("ETJ") of the City as a tax increment reinvestment zone to promote development or
redevelopment of the area because the governing body of the City (the "City Council") has
determined that development or redevelopment would not occur solely through private
investment in the reasonably foreseeable future, that the zone is feasible, and that creation of
the zone is in the best interest of the City and the property in the zone. The purpose of the zone
is to facilitate such development or redevelopment by financing the costs of public works, public
improvements, programs, and other projects benefiting the zone, plus other costs incidental to
those expenditures, all of which costs are authorized by the Act.
1.2 Eligibility Requirements
An area is eligible under the Act to be designated as a tax increment reinvestment zone if it is
predominantly open or undeveloped and, because of obsolete platting, deterioration of
structures or site improvements, or other factors, substantially impairs or arrests the sound
growth of the City. The City cannot, however, designate a zone if more than thirty percent (30%)
of the property in the proposed zone, excluding property that is publicly owned, is used for
residential purposes, or if the total appraised value of taxable real property in the proposed zone
and in existing reinvestment zones exceeds fifty percent (50%) of the total appraised value of
taxable real property in the City and in industrial districts created by the City.
1.3 The Zone
The City Council created a tax increment reinvestment zone known as "Reinvestment Zone
Number Two, City of Anna, Texas" (the "Zone") that includes approximately 92.186 acres of land
as described on by metes and bounds on Appendix A and depicted on Appendix B (the
"Property"). The Property is owned by CADG Hurricane Creek, LLC, a Texas limited liability
company (the "Owner"). The Property is currently zoned planned development district for
residential uses. The Property is undeveloped, and due to its size, location, and physical
characteristics, development will not occur solely through private investment in the foreseeable
future. The Property substantially impairs and arrests the sound growth of the City because it is
predominately open and undeveloped due to factors such as the lack of public infrastructure and
the need for economic incentive to attract development to the Zone for the purpose of providing
long-term economic benefits including, but not limited to, increased real property tax base for
all taxing units in the Zone. If the public improvements, and other projects are financed as
REINVESTMENT ZONE NO. 2, CITY OF ANNA, TEXAS 2
FINAL PLAN
contemplated by this Final Plan (hereinafter defined), the City envisions that the Property will be
developed to take full advantage of the opportunity to bring to the City, Collin County, Texas (the
"County"), the initial phase of a quality master planned residential development.
1.4 Preliminary Plan and Hearing
Before the City Council adopted the ordinance designating the Zone, the City Council prepared a
preliminary reinvestment zone financing plan in accordance with the Act and held a public
hearing on the creation of the Zone and its benefits to the City and to the Property, at which
public hearing interested persons were given the opportunity to speak for and against the
creation of the Zone, the boundaries of the Zone and the concept of tax increment financing, and
at which hearing the owners of the Property were given a reasonable opportunity to protest the
inclusion of their Property in the Zone. The preliminary reinvestment zone financing plan
described, in general terms, the public improvements that will be undertaken and financed by
the Zone.
1.5 Creation of the Zone
Upon the closing of the above referenced public hearing, the City Council adopted an ordinance
in accordance with the Act creating the Zone (1) upon findings by the City Council that
development or redevelopment of the Property would not occur solely through private
investment in the reasonably foreseeable future, (2) that the Zone is feasible, and (3) that
improvements in the Zone will significantly enhance the value of all the taxable real property in
the Zone and will be of general benefit to the City. Among other provisions required by the Act,
the ordinance creating the Zone appointed a Board of Directors for the Zone (the "Board").
1.6 Board Recommendations
After the creation of the Zone, the Board has prepared and adopted, and recommends to the City
Council this "Reinvestment Zone Number Two, City of Anna, Texas, Final Project and Financing
Plan" (the "Final Plan"), and an agreement between the Owner, Board, and City (the "TIRZ
Agreement") pursuant to which the City will contribute a portion of its ad valorem tax increment
attributable to new development in the Zone (the "Tax Increment") into a tax increment fund
created by the City and segregated from all other funds of the City (the "TIRZ Fund") to pay to
the Owner or its assigns, in accordance with the TIRZ Agreement, the costs of public
improvements and other projects benefiting the Zone.
1.7 Council Action
The City Council will take into consideration the recommendations of the Board and will consider
approval of this Final Plan and the TIRZ Agreement. If the TIRZ Agreement is approved, the City
Council will authorize and direct its execution.
REINVESTMENT ZONE NO. 2, CITY OF ANNA, TEXAS 3
FINAL PLAN
SECTION 2: DESCRIPTION AND MAPS
2.1 Existing Uses and Conditions
The Property is currently located in the County and within the corporate limits of the City and is
zoned planned development district for residential uses per Ordinance No. 689-2015. The
Property is undeveloped, and there is no public infrastructure to support development.
Development will require extensive public infrastructure that: (1) the City cannot provide, and
(2) will not be provided solely through private investment in the foreseeable future. A map of
the Property and the proposed Zone is shown on Appendix B.
2.2 Proposed Uses
The proposed use of the Property is the first phase of a residential master planned community
expected to contain 215 single family residential lots pursuant to that certain First Amended and
Restated Villages of Hurricane Creek Subdivision Improvement Agreement between the City and
the Developer effective as August 28, 2018, as amended by that Second Amended Villages of
Hurricane Creek Subdivision Improvement Agreement effective as of November 13, 2018, as
further amended by the Third Amended Villages of Hurricane Creek Subdivision Improvement
Agreement effective as of February 12, 2019 (collectively the "Subdivision Improvement
Agreement"), as amended.
SECTION 3: PROPOSED CHANGES TO ORDINANCES, PLANS, CODES, RULES, AND
REGULATIONS
The Property is wholly located in the corporate limits of the City and is subject to the City's zoning
regulation. The City has exclusive jurisdiction over the subdivision and platting of the property
within the Property and the design, construction, installation, and inspection of water, sewer,
drainage, roadway, and other public infrastructure. No proposed changes to zoning ordinances,
comprehensive plan, building codes, subdivision rules, or other municipal ordinances are
planned.
SECTION 4: RELOCATION OF DISPLACED PERSONS
No persons will be displaced and in need of relocation due to the creation of the Zone or
implementation of this Final Plan.
REINVESTMENT ZONE NO. 2, CITY OF ANNA, TEXAS 4
FINAL PLAN
SECTION 5: ESTIMATED NON -PROJECT COSTS
Non -project costs are private funds that will be spent to develop in the Zone but will not be
financed by the Zone. The list of non -project costs is shown on Appendix C. The total non -project
costs are estimated to be approximately $3,744,926.
SECTION 6: PROPOSED PUBLIC IMPROVEMENTS
6.1 Categories of Public Improvements
The proposed public improvements to be financed by the Zone include street, water, sanitary
sewer, storm drainage, street lights/hike and bike trails, as further described in Appendix D (the
"Public Improvements"). All Public Improvements shall be designed and constructed in
accordance with all applicable City standards and shall otherwise be inspected, approved, and
accepted by the City. At the City's option, the Public Improvements may be expanded to include
any other category of improvements authorized by the Act.
6.2 Locations of Public Improvements
The estimated locations of the proposed Public Improvements are described in the Subdivision
Improvement Agreement. These locations may be revised, with the approval of the City, from
time to time without amending this Final Plan.
SECTION 7: ESTIMATED PROJECT COSTS
7.1 Project Costs
The total costs for projects in the Zone include the costs of the Public Improvements and the cost
of administering the Zone (the "Protect Costs"), are estimated to be $5,569,453, as shown on
Appendix D.
7.2 Estimated Costs of Public Improvements
The estimated costs of the Public Improvements (the "Public Improvement Costs") within the
Zone are $5,366,613, as shown on Appendix D.
7.3 Estimated Administrative Costs
The estimated costs for administration of the Zone shall be the actual, direct costs paid or
incurred by or on behalf of the City to administer the Zone (the "Administrative Costs"). The
Administrative Costs include the costs of professional services, including those for planning,
engineering, and legal services paid by or on behalf of the City. The Administrative Costs also
include organizational costs, the cost of publicizing the creation of the Zone, and the cost of
REINVESTMENT ZONE NO. 2, CITY OF ANNA, TEXAS
FINAL PLAN 5
implementing the project plan for the Zone paid by or on behalf of the City that are directly
related to the administration of the Zone. The Administrative Costs shall be paid each year from
the TIRZ Fund before any other Project Costs are paid. The Administrative Costs are estimated
to be $5,000 per year beginning 2019 and escalating at two percent (2%) thereafter.
7.4 Estimated Timeline of Incurred Costs
The Administrative Costs will be incurred annually beginning at the time the Zone is created and
through the duration of the Zone. It is estimated the Project Costs will be incurred during calendar
years 2019 and 2020, as shown on Appendix E.
SECTION 8: ECONOMIC FEASIBILITY
8.1 Feasibility Study
For purposes of this Final Plan, economic feasibility has been evaluated overthe term of the Zone,
as shown on Appendix F (the "Feasibility Study"). This evaluation focuses on only direct financial
benefits (i.e. ad valorem tax revenues from the development of Public Improvements in the
Zone). Based on the Feasibility Study, during the term of the Zone, new development (which
would not have occurred but for the Zone) will generate approximately $14,792,805 in total new
City real property tax revenue. The City, as a participant, will benefit from the new development
within the Zone and will retain approximately $5,415,384 in net additional real property tax
revenue. The remaining additional revenue will be deposited in the TIRZ Fund to pay Project
Costs.
The Feasibility Study shows a portion of the new real property tax revenue generated by the Zone
will be retained by the City. The remainder of the new real property tax revenue generated
within the Zone will be available to pay Project Costs, up to the maximum contribution which is
estimated at $8,006,129 (the "Maximum Contribution") to be further defined in the TIRZ
Agreement, until the term expires or is otherwise terminated. One hundred percent (100%) of
all taxing revenues generated for other taxing entities by the new development within the Zone
will be retained by the respective taxing entities. Upon expiration or termination of the Zone,
one hundred percent (100%) of all tax revenue generated within the Zone will be retained by the
respective taxing entities. Based on the foregoing, the feasibility of the Zone has been
demonstrated.
SECTION 9: ESTIMATED BONDED INDEBTEDNESS
No bonded indebtedness issued by the City pursuant to the Act is contemplated.
REINVESTMENT ZONE NO. 2, CITY OF ANNA, TEXAS 6
FINAL PLAN
SECTION 10: APPRAISED VALUE
10.1 Current Appraised Value
The current total appraised value of taxable real property in the Zone is $15,118.00, which
represents the Tax Increment Base, (the "Tax Increment Base") of the Property and is determined
by the Collin Central Appraisal District in accordance with Section 311.012(c) of the Act.
10.2 Estimated Captured Appraised Value
The amount of the Tax Increment for a year during the term of the Zone is the amount of property
taxes levied and collected by the City for that year on the captured appraised value of the
Property less the Tax Increment Base of the Property, (the "Captured Appraised Value"). The Tax
Increment Base of the Property is the total taxable value of the Property for the year in which
the Zone was designated, as described in Section 10.1 above. It is estimated that upon expiration
of the term of the Zone, the total Captured Appraised Value of taxable real property in the Zone
will be $120,841,740, as shown on Appendix F. The actual Captured Appraised Value, as certified
by the Collin Central Appraisal District will, for each year, will be used to calculate annual payment
by the City into the TIRZ Fund pursuant to this Final Plan.
SECTION 11: METHOD OF FINANCING
Pursuant to the Subdivision Improvement Agreement, the Owner has paid, and will in the future
pay, those Project Costs attributable to the Public Improvements and will construct or cause to
be constructed the Public Improvements. This Final Plan shall obligate the City to deposit into
the TIRZ Fund each year for the duration of the Zone an amount equal to $0.375 per $100 of
Captured Appraised Value in the Zone levied and collected that constitutes the Tax Increment for
that year. The 2018 City tax rate is $0.5913 per $100 of assessed value, therefore the
contribution rate is sixty-three and thirty-nine percent (63.39%). Funds deposited into the TIRZ
Fund shall always first be applied to pay the Administrative Costs. After the Administrative Costs
have been paid, funds in the TIRZ Fund shall next be used as described above. All payments of
Project Costs shall be made solely from the TIRZ Fund and from no other funds of the City unless
otherwise approved by the governing body, and the TIRZ Fund shall only be used to pay the
Project Costs in accordance with this Final Plan and the TIRZ Agreement. The City may amend
this Final Plan in compliance with the TIRZ Agreement, including but not limited to what is
considered a Project Cost.
REINVESTMENT ZONE NO. 2, CITY OF ANNA, TEXAS 7
FINAL PLAN
SECTION 12: DURATION OF THE ZONE, TERMINATION
12.1 Duration
The stated term of the Zone shall commence on the creation of the Zone and shall continue for
thirty (30) years until December 31, 2048, with the last payment being received by September 1,
2049 unless otherwise terminated in accordance with the TIRZ Creation Ordinance.
12.2 Termination
The Zone will terminate prior to the expiration of its stated term if the Maximum Contribution of
TIRZ revenues has been collected into the TIRZ Fund and has been distributed according to this
Final Plan. If upon expiration of the stated term of the Zone, the Maximum Contribution of TIRZ
revenues, has not been collected into the TIRZ Fund, the City shall have no obligation to pay the
shortfall and the term shall not be extended. The provisions of this section shall be included in
the TIRZ Agreement. Nothing in this section is intended to prevent the City from extending the
term of the Zone in accordance with the Act.
LIST OF EXHIBITS
Appendix A Legal Description
Appendix B Map
Appendix C List of Non -Project Costs
Appendix D List of Project Costs
Appendix E Estimated Timeline of Incurred Costs
Appendix F Feasibility Study
[Remainder of page intentionally left blank.]
REINVESTMENT ZONE NO. 2, CITY OF ANNA, TEXAS
FINAL PLAN 8
APPENDIX A - LEGAL DESCRIPTION
LEGAL DES CI~_IPTION
BENG a tract of land situated in the Joseph Boyle Sum-ey, Abstract Number 105, WS- Rattan Sun-ey,
Abstract Muvber 752, T. Rattan Survey, Abstract Munber 78? and the J. Coffmm Survey. Abstract
Number 197, Collin County. Texas and being put of that tract of land described in deed to CADG
Hurricane Creek LLC. recorded in hnstnnment Number 20150529000631020 of the Official Public
Records of Collin County, T&xas and being more particularly described as follows:
BEGINNING at a 518" iron rod found for the northeast comer of a remainder tract WB% Partners, LTD
recorded in Volume 4242, Page 27 of said Official Riblic Records and the easternmost scnrtheast corner
of said CADG Hurricane Creek, LLC tract;
THENCE S 88058'27" R',1,910.63 feet with the south line of said CADG tract to a 5 ;8" iron rod with
plastic cap stamped "PELOTON" set;
THENCE departing said south line of the CADG Hurricane Creek, LLC tract N 00`'15'27" E. 421.11 feet
to a 5.'8" iron rod with plastic cap stamped --PELOTON* set;
THENCE N 4601849" E, 320.76 feet to a 51" iron rod with plastic cap stamped "PELOTON' set;
THENCE N 43°41.11" W,120.00 feet to a 5?8" iron rod with plastic cap stamped "PELOTON' set
THENCE S46°1849" W, 117.06 feet to a 5Y iron rod with plastic cap stamped "PELOTON' set;
THENCE N 4341'11" W, 50.00 feet to a 5+'8" iron rod with plastic cap stamped "PELOTON' set
THENCE N 46'l 849'* E, 145.00 feet to a 5Y iron rod with plastic cap stamped ` PELOTON' set;
THENCE N 43°4111" W,120.00 feet to a 5,+8" iron red with plastic cap stamped `PELOTON' set
THENCE N 4601949" E, 570.00 feet to a 5+8" iron rod z;ith plastic cap stamped --PELOTON' set:
THENCE N 43°41'11" W,170.00 feet to a _54' iron rod with plastic cap stamped 'PELOTON' set
THENCE N 46°18'49" E. 2.17 feet to a 511" iron rod with plastic cap stamped "PELOTON' set to the
beginning of a curve to the right;
THENCE, with said curve to the ri* an arc distance of 47.91 fleet, through a central angle of 05`54'13'.
ha`ins a radius of 465.00 feet, the long chord bears N 49'15'56'- E, 47.89 feet to a 5; 8" iron rod oath
plastic cap stcumped'PELOTON' set;
THENCE N 43°41'11" W, 163.78 feet to a 5.1" iron rod with plastic cap stamped `PELOTO-V" set
THENCE N 46'1849" E. 259.23 feet to a 5+8" iron rod with plastic cap stamped "PELOTON' .set;
THENCE N 89°13107" E, 741.15 feet to a 51f' iron rod with plastic cap stan3 ed "PELOTON" set:
THENCE S 23012'58" E, 16.58 feet to a 5?8" iron rod with plastic cap stamped 'PELOTON' set;
THENCE N 891013'07" E, 140.84 feet to a 5+B" iron rod with plastic cap stannped "PELOTON' set;
REINVESTMENT ZONE NO. 2, CITY OF ANNA, TEXAS 9
FINAL PLAN
THENCE N 59°2633" E, 195.37 feet to a 51" iron rod with plastic cap stamped "PELOTON" set.
THENCE N WOW" E, 731.48 feet to a 51" iron rod with plastic cap stamped "PELOTON' Set:
THENCE S 0004653" E, 284-46 feet to a 5+8" iron rod with plastic cap stamped "PELOTON' set;
THENCE N 89013*i7" E, 525.00 feet to a 5Y iron rod with plastic rap stamped "PELOTON' set,
THENCE S 00°4653" E, 460.00 feet to a A" iron rod with plastic cap stamped "PELOTON' set:
THENCE S 89' 13'07" W, 170.00 feet to a 5; 8" iron rod with plastic cap stamped `PELOTON' set:
THENCE S 01°3235" W, 138.83 feet to a 518" ironrod vcithplastic cap stamped "PELOTON" set;
THENCE S 0305649" W, 63.28 feet to a 5.8" iron rod with plastic cap Stamped "PELOTON' set;
THENCE S 20°406" W, 64.06 feat to a 5+'8" iron rod with plastic cap stamped'-PELOTON' set:.
THENCE S 34°31'32" W, 64.92 feet to a 518" iron rod with plastic cap stamped --PELOTON' set:.
THENCE S 56°29`24" W, 66.49 feet to a 5.8" iron rod w•uthplastic cap stamped'-PELOTON" set;
THENCE S 55° 11'09" W, 70.72 feet to a 5.8" iron rod with plastic cap stamped "PELOTON" set;
THENCE S 33"0712"E. 131.90 feet to a 518" iron rod with plastic cap stamped ' PELOTON' set;
THENCE S 36°1647" E, 50.00 feet to a 51" nun rod tiith plastic cap s4w3ped "PELOTON' set;
THENCE S 53°43'13" W,1.72 feet to a 5.8" iron rod with plastic cap stamped -PELOTON' set;
THENCE S 36'1647" E, 163.61 feet to a 5+g" iron rod with plastic cap stamped '-PELOTON' set in the
east line of said C_ADG Hurricane Creek, LLC. Tract at the beznning of a cugt•e to the richt;
THENCE with said :it :•e to the right_ an arc distance of 61.57 feet through an angle of 05°02'21", hating
a radius of ; 00.00 feet. and a lone chord which bears 5 56'4435" W. 61.5 feet to a 5.8" iron rod with
plastic cap smuped ' PELOTON� set,,
THENCE S 59-01-02"W, 294.65 feet to a 5,19'iron rod pith plastic cap stamped "PELOTON' set;
THENCE S 89°21'12" W, 420.50 feet to a 5+8" iron rod uvith plastic cap Stamped `'PELOTON' set:
THENCE S 01"31'10"E, 18=1.67 feet to the POIN7 OF BEGLNNT G and cowaimi 4,015.625 square
feet or 92.186 acres of land more or less.
REINVESTMENT ZONE NO. 2, CITY OF ANNA, TEXAS 10
FINAL PLAN
APPENDIX B - MAP
TIRZ No. 2
lilt! PE LOTO N
' I LAND to LUTIONA
.,aa._ wH..ulyir .>.fu.�nlr+►w f+: snal rfi>rra
TIRZ No. 2 MAP
VILLAGES OF
HURRICANE CREEK
PHASE #1
11RAf HSC SCA] F It, FFF7
REINVESTMENT ZONE NO. 2, CITY OF ANNA, TEXAS
FINAL PLAN 11
APPENDIX C - LIST OF NON -PROJECT COSTS
Major Improvements(')
Street $ 1,400,925
Water $ 380,448
Sanitary Sewer $ 1,217,219
Developer District Formation Expenses $ 597,350
Geotechnical testing, SWPPP, Flood Study $ 148,984
$ 3,744,926
Total Non -Project Costs $ 3,744,926
Footnotes:
(')Major Improvements will provide benefit to Property within the Zone as well
as property outside of the Zone.
REINVESTMENT ZONE NO. 2, CITY OF ANNA, TEXAS 12
FINAL PLAN
APPENDIX D - LIST OF PROJECT COSTS
Public Improvements
Street
Wate r
Sanitary Sewer
Storm Drainage
Street Lights/Hike & Bike Trail
$ 2,701,765
838,296
714,688
647,921
463,943
(1) $ 5,366,613
Administrative Costs $ 202,840
(2) $ 202,840
Total Project Costs
Footnotes:
(3) = (1) + (2) $ 5,569,453
(')Cost per the Engineer's Estimate of Probable Cost provided by Peloton Land Solutions as of
December 3, 2018.
REINVESTMENT ZONE NO. 2, CITY OF ANNA, TEXAS 13
FINAL PLAN
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