city of melissa city council work session and regular

CITY OF MELISSA CITY COUNCIL WORK SESSION AND REGULAR MEETING AGENDA

WORK SESSION AGENDA

A. Call to order

B. Roll Call

C. Public Comments

D. Update regarding utility billing

E. Update regarding draft revisions to Food Truck Redline

F. Discussion regarding any items on the Regular Meeting Agenda

G. Discussion regarding any future agenda items

H. Adjourn.

REGULAR MEETING AGENDA

1. CALL TO ORDER AND ROLL CALL

2. INVOCATION AND PLEDGE OF ALLEGIANCE

3. PUBLIC COMMENTS This item is available for citizens to speak for up to 3 minutes on any subject of which the City of Melissa has authority. However, no discussion or action, by law, may be taken on the topic unless and until properly posted on a future agenda.

4. CONSENT AGENDA

A. Consider and act upon the minutes from the December 8, 2020 Regular Meeting and Work Session.

B. Consider and act on ratification, approval and authorization of all actions taken by City Manager in connection with the demolition of the structures at 2322 Sam Rayburn Highway including but not limited to, underground fuel tank removal with Environmental Logistics Co. LLC, application to the Texas Commission on Environmental Quality for removal of 2322 Sam Rayburn Highway from the petroleum storage tank program, demolition with Jerry Carpenter Excavation, disposal of the debris from the site with the North Texas Municipal Water District 121 Regional Disposal Facility, and disposal of surplus material from 2322 Sam Rayburn Highway.

Tuesday, January 12, 2021 Work Session - 5:15 p.m. Regular Meeting - 6:00 p.m.

City of Melissa City Hall 3411 Barker Avenue Melissa, TX 75454

C. Consider and act upon a Resolution extending the timeline for Melissa Joint Venture to appear before the City Council of the City of Melissa, Texas regarding a request to modify certain Development Standards on Tract W5 of the Stoneridge Planned Development (“PD”) Ordinance No. 04-09.

5. REGULAR AGENDA

A. Conduct a public hearing to hear concerns for or against a request for a rezone from Agricultural District (“A”) to Planned Development (“PD”) on 1.6± acres of land situated in the D.E.W. Babb Survey, Abstract No. 33, City of Melissa, Collin County, Texas and generally located on the east side of Milrany Lane approximately 705 feet to the south of the intersection of Sam Rayburn Highway and Milrany Lane, City of Melissa, Collin County, Texas. Applicants: Tina Gingrich & Joseph Barbour

B. Consider and act upon an Ordinance amending Melissa’s Zoning Ordinance, Ordinance No. 92-08, as amended, to rezone a tract of land, consisting of 1.610± acres, situated in the D.E.W. Babb Survey, Abstract No. 33, in the city of Melissa, Collin County, Texas, heretofore zoned Agricultural District (A); providing that the property is hereby rezoned and placed in the Planned Development-General Commercial District (PD-C-2) Zoning Classification as recommended by the Planning and Zoning Commission. Applicants: Tina Gingrich & Joseph Barbour

C. Resolution accepting annexation application and setting a date, time, and place for a Public Hearing on the proposed voluntary annexation by the City of Melissa of the area of land consisting of 38.694± Acres, situated in the W. Sanders Survey, Abstract No. 867, Collin County, Texas and generally located on the west side of Milrany Lane approximately 2,558 feet to the south of the intersection of Melissa Road and Milrany Lane, City of Melissa, Collin County, Texas. Applicants: Linda and Raymond Bryant

D. Consider and act upon a Resolution of the City Council Of The City Of Melissa, Texas, Repealing Resolution No. 20-15 R, and Determining a Public Necessity to Acquire Certain Properties for Public Use by Eminent Domain for Right-Of-Way (in Fee Simple), Slope, Grading and Access Easements, Temporary Construction Easements and Related Improvements for the Construction, Expansion, Access, Repair, Maintenance and Replacement of Cascades Street (From Approximately Sam Rayburn Highway (State Highway 121) to a Point Approximately 450 Feet North Of Sam Rayburn Highway (State Highway 121)); Giving Notice of an Official Determination to Acquire Certain Properties for Public Use by Eminent Domain for Such Right-Of-Way (in Fee Simple), Slope, Grading and Access Easements, Temporary Construction Easements and Related Improvements; Authorizing the City Manager of the City Of Melissa, Texas, to Establish Procedures for Acquiring the Right-Of-Way (in Fee Simple), Slope, Grading and Access Easements, Temporary Construction Easements and Related Improvements, Offering to Acquire Said Property Right, Voluntarily, from the Landowner Through the Making of Bona Fide Offers; Appropriating Funds; Providing for Repealing, Savings and Severability Clauses; and Providing for an Effective Date.

E. Recess into Executive Session in compliance with Section 551.001 et seq. Texas Government Code, to wit:

a) 551.074 Discussion of personnel (City Manager)

F. Reconvene into Open Session and take any action necessary as a result of Executive Session.

G. City Council discussion with Staff concerning any actions required by City Staff as a result of any item on tonight’s agenda.

H. Adjourn.

Certified to this the 8th date of January, 2021.

___________________________ Kacie Galyon, City Secretary

Posted: January 8, 2021 @ 5:00 p.m. If during the course of the meeting covered by this notice, the City Council should determine that a closed or executive meeting or session of the City Council or a consultation with the attorney for the City should be held or is required, then such closed or executive meeting or session or consultation with attorney as authorized by the Texas Open Meetings Act, Texas Government Code §551.001 et seq., will be held by the City Council at the date, hour and place given in this notice or as soon after the commencement of the meeting covered by this notice as the City Council may conveniently meet in such closed or executive meeting or session or consult with the attorney for the City concerning any and all subjects and for any and all purposes permitted by the Act, including, but not limited to, the following sanctions and purposes:

Texas Government Code Section:

551.071 Private consultation with the attorney for the City. 551.072 Discussing purchase, exchange, lease or value of real property. 551.074 Discussing personnel or to hear complaints against personnel

NOTICE OF ASSISTANCE AT PUBLIC MEETINGS

The Melissa City Hall is wheelchair accessible. Access to the building and special parking are available at the south entrance. Persons with disabilities who plan to attend this meeting, and who may need auxiliary aids or service such as Interpreters for persons who are deaf or hearing impaired, readers, or large print, are requested to contact the City Secretary’s Office at (972) 838.2520 or by FAX (972) 837.2452. BRAILLE IS NOT AVAILABLE.

MINUTES

CITY OF MELISSA CITY COUNCIL WORK SESSION

DECEMBER 8, 2020 5:15 p.m.

A. Call to Order

Mayor Reed Greer called the meeting to order at 5:15 p.m.

B. Roll Call

Mayor Greer, Mayor Pro Tem Jay Northcut, Shannon Sweat, Craig Ackerman, Chad Taylor, Nicco Warren, and Stacy Jackson were present.

City of Melissa staff members were also present.

C. Public Comments

There were no comments made.

D. Presentation by Melissa Sports, LLC:

Doug Zadow with Melissa Sports, LLC presented some plans and upcoming opportunities for Melissa Sports, LLC.

Vote: 7/0/0

E. Discussion regarding any items on the Regular Meeting Agenda

City Manger Jason Little and Director of Development and Neighborhood Services Tyler Brewer discussed all of the items on the regular agenda.

F. Discussion regarding any future agenda items.

There was no discussion.

G. Adjourn

Motion was made by Shannon Sweat and seconded by Craig Ackerman to adjourn at 6:01 p.m.

Vote: 7/0/0

_____________________________ REED GREER, Mayor

ATTEST: ________________________________ KACIE GALYON, City Secretary

MINUTES

CITY OF MELISSA CITY COUNCIL REGULAR MEETING DECEMBER 8, 2020

6:00 p.m.

1. CALL TO ORDER AND ROLL CALL

Mayor Reed Greer called the meeting to order at 6:07 p.m.

Mayor Greer, Mayor Pro Tem Jay Northcut, Stacy Jackson, Chad Taylor, Nicco Warren, Craig Ackerman, and Shannon Sweat were present.

Members of City Staff and the public were also present.

2. INVOCATION AND PLEDGE OF ALLEGIANCE

Jay Northcut gave the invocation.

All who were present gave the Pledge of Allegiance.

3. PUBLIC COMMENTS

Mayor Greer asked if there were any other comments and there were none.

4. CONSENT AGENDA

A. Consider and act upon the minutes from the October 27, 2020 Regular Meeting and Work Session.

B. Consider and act upon the minutes from the November 10, 2020 Work Session.

C. Consider and act upon the minutes from the November 12, 2020 Joint Meeting with the Planning and Zoning Commission.

D. Consider and act on ratification, approval and authorization of all actions taken by City Manager in connection with the sale and conveyance to Explorer Pipeline Company of that certain 47.762-acre tract of land located in the Hiram Brinlee Survey, Abstract No. 30, and the Lindsey Lewis Survey, Abstract No. 526, Melissa, Collin County, Texas, generally situated east of State Highway 121, south of County Road 420, west of Private Road 5286 and north of the NTMWD 121 RDF Facility; and the proposed sale and conveyance to U.S. Venture, Inc., of that certain 40.0-acre tract of land located in the Hiram Brinlee Survey, Abstract No. 30, and the Lindsey Lewis Survey, Abstract No. 526, Melissa, Collin County, Texas, generally situated east of State Highway 121, south of County Road 420, west of Private Road 5286 and north of the NTMWD 121 RDF Facility, including but not limited to, execution of the purchase and sale agreement for each transaction, the letter agreement among the parties, the second amended deed restriction with NTMWD and all related closing documents for each transaction.

E. Consider and act upon a Resolution related to an Inter-local agreement between the Cities of Melissa and Anna under which the City of Melissa agrees to transfer a

portion of its 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 Agreement.

Council Action

Motion was made by Jay Northcut and seconded by Shannon sweat to approve the Consent Agenda as presented.

Vote: 7/0/0

5. REGULAR AGENDA

A. Consider and act upon a Resolution exempting property consisting of 126.06± acres in the Jesse Stiff Survey, Abstract No. 792, Collin County, Texas, and generally located at 4758 County Road 413, Collin County, Texas, from compliance with the development plat requirements set forth in Section 3.05 of the City’s Subdivision Regulations solely with respect to the construction of one single-family residential structure. Applicant: Tynas Texas

Director of Development Services, Tyler Brewer stated that the applicant has requested the right-of-way dedication be delayed as the property is near a future development that Council approved earlier in the year.

Council Action

Motion was made by Chad Taylor and seconded by Craig Ackerman to adopt a Resolution exempting property consisting of 126.06± acres in the Jesse Stiff Survey, Abstract No. 792, Collin County, Texas, and generally located at 4758 County Road 413, Collin County, Texas, from compliance with the development plat requirements set forth in Section 3.05 of the City’s Subdivision Regulations solely with respect to the construction of one single-family residential structure.

Vote: 7/0/0

B. Consider and act upon an Ordinance amending Melissa’s Zoning Ordinance, Ordinance No. 92-08, as amended, to rezone a tract of land consisting of 6.0± acres, located in The William Sanders Survey, Abstract No. 867, City of Melissa, Collin County, Texas, heretofore zoned Agricultural; providing that the tract is hereby rezoned and placed in the Single-Family Residential District-3 (SF-3) zoning classification. Applicant: Tapper Investments

Mr. Brewer reminded Council that the public hearing requirement for the item was fulfilled in September and Council had requested that the action for the item be tabled until December so that the applicant could provide a better idea of what was planned. Council requested basic, preliminary plans or visuals to better evaluate the request.

Nicco Warren asked if there would be 2 access points as is typically required for single-family developments. Mr. Brewer stated that, because the lot amount is less than 30, only one access point would be required.

Council Action

Motion was made by Nicco Warren and seconded by Craig Ackerman to adopt an Ordinance amending Melissa’s Zoning Ordinance, Ordinance No. 92-08, as amended, to rezone a tract of land consisting of 6.0± acres, located in The William Sanders Survey, Abstract No. 867, City of Melissa, Collin County, Texas, heretofore zoned Agricultural; providing that the tract is hereby rezoned and placed in the Single-Family Residential District-3 (SF-3) zoning classification.

Vote: 7/0/0

C. Consider and act upon a request for approval of the Avilla Springs Final Engineering Site Plan, being 18.947± acres situated in the D. Babb Survey, Abstract No. 33, City of Melissa, Collin County, Texas and generally located at the southwest corner of Sam Rayburn Highway and Milrany Lane, City of Melissa, Collin County, Texas as recommended by the Planning and Zoning Commission. Applicant: NexMetro Springs, LP

Mr. Brewer stated that the property was rezoned in May, 2020 and was now at the plat and site plan stage. The only variance requested was to postpone the sidewalk until the adjacent Milrany Lane was reconstructed. If the sidewalk was constructed now, it would be next to a road with no curb and a drainage swale. The sidewalk would also have to be torn up with the Milrany Lane reconstruction and rebuilt after.

Mayor Pro Tem Northcut asked if there was an estimated time gap between the completion of the project and Milrany Lane reconstruction. Mr. Brewer stated that it would likely be more than a year.

Council asked what the options were, if any, to ensure a sidewalk or pedestrian-friendly transportation as it is in close proximity to the high school.

City Manager Jason Little stated that the City would monitor construction as the development gets closer to completion and include both the developer and TXDOT in conversations about routing pedestrian traffic to the high school.

Mr. Ackerman asked if there would be any pedestrian gates.

Mike Martini – Spires Engineering 765 Custer Road Plano, TX

Mr. Martini stated that there would be gates and that connecting to the existing high school sidewalk is their priority.

Council Action

Motion was made by Craig Ackerman and seconded by Jay Northcut to approve the Avilla Springs Final Engineering Site Plan, being 18.947± acres situated in the D. Babb Survey, Abstract No. 33, City of Melissa, Collin County, Texas and generally located at

the southwest corner of Sam Rayburn Highway and Milrany Lane, City of Melissa, Collin County, Texas as recommended by the Planning and Zoning Commission.

Vote: 7/0/0

D. Consider and act upon a request for approval of the Avilla Springs Final Plat, being 18.947± acres situated in the D. Babb Survey, Abstract No. 33, City of Melissa, Collin County, Texas and generally located at the southwest corner of Sam Rayburn Highway and Milrany Lane, City of Melissa, Collin County, Texas as recommended by the Planning and Zoning Commission.

Applicant: NexMetro Springs, LP

Mr. Brewer stated that the proposed plat was in complete compliance with all the City’s codes and both staff and the Planning and Zoning Commission recommend approval.

Council Action

Motion was made by Craig Ackerman and seconded by Shannon Sweat to approve the Avilla Springs Final Plat, being 18.947± acres situated in the D. Babb Survey, Abstract No. 33, City of Melissa, Collin County, Texas and generally located at the southwest corner of Sam Rayburn Highway and Milrany Lane, City of Melissa, Collin County, Texas as recommended by the Planning and Zoning Commission.

Vote: 7/0/0

E. Conduct a public hearing to hear concerns for or against a request for a rezone from Agricultural District (“A”) to Planned Development (“PD”) on 1.6± acres of land situated in the D.E.W. Babb Survey, Abstract No. 33, City of Melissa, Collin County, Texas and generally located on the east side of Milrany Lane approximately 705 feet to the south of the intersection of Sam Rayburn Highway and Milrany Lane, City of Melissa, Collin County, Texas. Applicants: Tina Gingrich & Joseph Barbour

Mr. Brewer stated that the proposed project was originally recommended for denial by the Planning and Zoning Commission as the applicant was requesting a waiver of development plat regulations. Now, the applicant is not requesting a waiver, but is requesting a continuation of the public hearing so that they can work on putting in two access points. The applicants would like to continue the public hearing on January 12, 2021 and present their plans to Council at that time.

Council Action

Motion was made by Nicco Warren and seconded by Shannon Sweat to continue the public hearing to January 12, 2021.

Vote: 7/0/0

F. Consider and act upon an Ordinance amending Melissa’s Zoning Ordinance, Ordinance No. 92-08, as amended, to rezone a tract of land, consisting of 1.610± acres, situated in the D.E.W. Babb Survey, Abstract No. 33, in the city of Melissa, Collin County, Texas, heretofore zoned Agricultural District (A); providing that the

property is hereby rezoned and placed in the Planned Development-General Commercial District (PD-C-2) Zoning Classification as recommended by the Planning and Zoning Commission. Applicants: Tina Gingrich & Joseph Barbour

Council Action

Motion was made by Nicco Warren and seconded by Shannon Sweat to postpone the item until January 12, 2021 at the applicant’s request.

Vote: 7/0/0

G. Conduct a public hearing to hear concerns for or against a request for approval of a Specific Use Permit (“SUP”) to allow for “Mobile Food Truck/Mobile Food Truck Park” land use on 0.22± acres of land, being Lot 10A, Block 4 of the Melissa Original Donation, City of Melissa, Collin County, Texas and generally located at 1710 Cooper St, City of Melissa, Collin County, Texas. Applicant: Cross My Heart & Hope for Pie

Motion was made by Nicco Warren and seconded nu Craig Ackerman to open the public hearing at 6:41 p.m.

Vote: 7/0/0

Mr. Brewer stated that the SUP was part of the Ordinance Council passed earlier in the year to regulate food truck establishments. The SUP would be tied to both the business owner and the business name and any changes to either of those things would require a new SUP.

Mayor Greer asked if there was anyone wishing to speak on the item and there were none.

Motion was made by Shannon Sweat and seconded by Chad Taylor to close the public hearing at 6:45 p.m.

Vote: 7/0/0

H. Consider and act upon an Ordinance amending Melissa’s Zoning Ordinance, Ordinance No. 92-08, as amended, and granting a Specific Use Permit for a Mobile Food Truck located on Lot 10a, Block 4 of The Melissa Original Donation in the City of Melissa, Collin County, Texas, generally located at 1710 Cooper Street as recommended by the Planning and Zoning Commission. Applicant: Cross My Heart & Hope for Pie

Marlo Hoffman 1710 Cooper St, Suite 200 Melissa, TX

Mrs. Hoffman stated that the SUP was for the large food truck with bakery equipment inside which is where all of the baking and food preparations are done.

Council Action

Motion was made by Craig Ackerman and seconded by Nicco Warren to adopt an Ordinance amending Melissa’s Zoning Ordinance, Ordinance No. 92-08, as amended, and granting a Specific Use Permit for a Mobile Food Truck located on Lot 10a, Block 4 of The Melissa Original Donation in the City of Melissa, Collin County, Texas, generally located at 1710 Cooper Street as recommended by the Planning and Zoning Commission.

Vote: 7/0/0

I. Conduct a public hearing to hear concerns for or against a request for approval of a Specific Use Permit (“SUP”) to allow for “Mobile Food Truck/Mobile Food Truck Park” land use on 0.07± acres of land, being Lot 18, Block 5 of the Melissa Original Donation, City of Melissa, Collin County, Texas and generally located approximately 121 feet to the northeast of the intersection of Cooper Street and Red River Street, City of Melissa, Collin County, Texas. Applicant: Darin Jordan

Motion was made by Shannon Sweat and seconded by Nicco Warren to open the public hearing at 6:49 p.m.

Mayor Greer asked if there was anyone wishing to speak on the item and there were none.

Motion was made by Shannon Sweat and seconded by Chad Taylor to close the public hearing at 6:50 p.m.

Vote: 7/0/0

J. Consider and act upon an Ordinance amending Melissa’s Zoning Ordinance, Ordinance No. 92-08, as amended, and granting a Specific Use Permit for a Mobile Food Truck located on Lot 18, Block 5 of the Melissa Original Donation in the City Of Melissa, Collin County, Texas, generally located approximately 121 Feet Northeast of the intersection of Cooper Street and Red River Street, Texas as recommended by the Planning and Zoning Commission. Applicant: Darin Jordan

Darin Jordan 4224 Central Expressway Allen, TX

Mr. Jordan stated that he had purchased a new food truck from a local establishment that was larger and nicer than his previous truck, which he hopes would be a better fit for downtown and would look nicer.

Mayor Greer stated that Council wanted to ensure property was well taken care of due to its proximity to other businesses in the historic downtown of Melissa.

Council continued discussion with the applicant and staff.

Council Action

Motion was made by Craig Ackerman and seconded by Stacy Jackson to adopt an Ordinance amending Melissa’s Zoning Ordinance, Ordinance No. 92-08, as amended,

and granting a Specific Use Permit for a Mobile Food Truck located on Lot 18, Block 5 of the Melissa Original Donation in the City Of Melissa, Collin County, Texas, generally located approximately 121 Feet Northeast of the intersection of Cooper Street and Red River Street, Texas as recommended by the Planning and Zoning Commission.

Vote: 7/0/0

K. Conduct a public hearing to hear concerns for or against a request for approval of a Specific Use Permit (“SUP”) to allow for “Mobile Food Truck/Mobile Food Truck Park” land use on 0.36± acres of land, being Lot 1R2, Block 3 of the Lesmes Addition, City of Melissa, Collin County, Texas and generally located at 3330 Fannin Road, City of Melissa, Collin County, Texas. Applicant: Maria Cortes

Mayor Greer stated that items 5K and 5L were removed from the agenda by the applicant prior to the Council meeting.

L. Consider and act upon an Ordinance amending Melissa’s Zoning Ordinance, Ordinance No. 92-08, As Amended, And Granting A Specific Use Permit for A Mobile Food Truck Located On Lot 1r2, Block 3 Of The Lesmes Addition, City Of Melissa, Collin County, Texas, According To That Certain Replat Recorded In Volume 5, 8, Public Records Of Collin County, Texas, Generally Located At 3330 Fannin Road As recommended by the Planning and Zoning Commission. Applicant: Maria Cortes

Mayor Greer stated that items 5K and 5L were removed from the agenda by the applicant prior to the Council meeting.

M. Consider and act upon a Resolution awarding the Bid for Landscape Maintenance Services for the SH 75/121 Interchange to BrightView Landscape Services and authorizing the City Manager to negotiate and execute the contract.

Wade Peterson, Pacheco-Koch 7557 Rambler Road Dallas, TX

Mr. Peterson presented the results from the recent bid for landscape maintenance including the tabulations and the project scope. Mr. Peterson stated that Pacheco-Koch and staff recommend awarding the bid to BrightView Landscape Services.

Parks Superintendent Ron Duzenack explained some of the services that the City can expect with the project as it is a large-scale project compared to other landscaping that the City has experienced in the past.

Ms. Sweat asked about the irrigation of the property and how that would work. Mr. Peterson stated that the irrigation was designed to capture all of the stormwater from the rains and pump it into the tank along with the groundwater. The only reason the water meter would activate is if the tank were to get extremely low.

Mr. Warren asked if plant replacement was part of the bid and Mr. Peterson confirmed that it was.

Council Action

Motion was made by Shannon Sweat and seconded by Chad Taylor to adopt a Resolution awarding the Bid for Landscape Maintenance Services for the SH 75/121 Interchange to BrightView Landscape Services and authorizing the City Manager to negotiate and execute the contract.

Vote: 7/0/0

N. Consider and act upon a Resolution approving the MIEDC Performance Agreement with the Shoppes at 121.

Mr. Little stated that the MIEDC recommended Council enter into a performance agreement with the Shoppes and 121. Staff recommends tabling the item as the contractor has some business to resolve with the City before any further development can happen.

Council Action

Motion was made by Jay Northcut and seconded by Nicco Warren to table item 5N to January 12, 2021.

Vote: 7/0/0

O. City Council discussion with Staff concerning any actions required by City Staff as a result of any item on tonight’s agenda.

Mr. Northcut asked that staff revisit the definitions and differences between “food trucks” and “food truck parks.”

P. Adjourn

Council Action

Motion was made by Nicco Warren and seconded by Craig Ackerman to adjourn at 7:24 p.m.

Vote: 7/0/0

_____________________________ REED GREER, Mayor

ATTEST: ________________________________ KACIE GALYON, City Secretary

Date January 12, 2021

Subject Consider and act upon a Resolution extending the timeline for Melissa Joint Venture to appear before the City Council of the City of Melissa, Texas regarding a request to modify certain Development Standards on Tract W5 of the Stoneridge Planned Development (“PD”) Ordinance No. 04-09.

Submitted By Tyler Brewer

Action Requested Approval of a resolution extending the timeline for Melissa Joint Venture’s rezone request Summary of Subject On June 18, 2020, Melissa Joint Venture submitted a Zoning Application requesting to modify certain development standards on Tract W5 of the Stoneridge Planned Development (“PD”) Ordinance No. 04-09. On October 13, 2020, after the required Public Hearing was held, Melissa Joint Venture requested additional time to identify a purchaser/developer for the tract related to the Zoning Application in order to answer unresolved City Council questions. On December 4, 2020, Melissa Joint Venture requested an extension of time to identify the potential purchaser/developer due to existing COVID-19 limitations, uncertainty of the economy, and the upcoming holidays. The resolution in this packet would extend this timeline until June 22, 2021. Supporting Documents

- Resolution

Comprehensive Plan Comments N/A Staff Recommendation Staff recommends approval of the resolution.

CITY OF MELISSA, TEXAS RESOLUTION NO. _ _ _ (R)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MELISSA, TEXAS, HEREBY EXTENDING THE TIMELINE FOR MELISSA JOINT VENTURE TO APPEAR BEFORE THE CITY COUNCIL OF THE CITY OF MELISSA, TEXAS REGARDING A REQUEST TO MODIFY CERTAIN DEVELOPMENT STANDARDS ON TRACT W5 OF THE STONERIDGE PLANNED DEVELOPMENT (“PD”) ORDINANCE NO. 04-09; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on June 18, 2020, Melissa Joint Venture submitted a Zoning Application

requesting to modify certain development standards on Tract W5 of the Stoneridge Planned Development (“PD”) Ordinance No. 04-09; and

WHEREAS, on October 13, 2020, after the required Public Hearing was held, Melissa

Joint Venture requested additional time to identify a purchaser/developer for the tract related to the Zoning Application in order to answer unresolved City Council questions; and

WHEREAS, on December 4, 2020, Melissa Joint Venture requested an extension of

time to identify the potential purchaser/developer due to existing COVID-19 limitations, uncertainty of the economy, and the upcoming holidays; and

WHEREAS, Melissa Joint Venture has agreed to appear before the City Council on or

before June 22, 2021, otherwise, the Zoning Application will be withdrawn.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MELISSA, TEXAS:

SECTION 1: The findings set forth above are incorporated into the body of this

Resolution as if fully set forth herein. SECTION 2: The City Council hereby approves a request for an extension of time for the

Zoning Application until June 22, 2021. SECTION 3: This Resolution shall take effect immediately from and after its passage

DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF MELISSA, TEXAS, ON THE 12th DAY OF JANUARY, 2021.

______________________________ Reed Greer, Mayor

ATTEST TO:

______________________________ Kacie Galyon, City Secretary


Subject Consider and act upon an Ordinance amending Melissa’s Zoning Ordinance, Ordinance No. 92-08, as amended, to rezone a tract of land, consisting of 1.610± acres, situated in the D.E.W. Babb Survey, Abstract No. 33, in the city of Melissa, Collin County, Texas, heretofore zoned Agricultural District (A); providing that the property is hereby rezoned and placed in the Planned Development-General Commercial District (PD-C-2) Zoning Classification, as recommended by the Planning & Zoning Commission.


Action Requested Approval of PD Zoning for an OB/GYN Medical Office Summary of Subject Tina Gingrich and Joseph Barbour are requesting approval of a rezone from Agricultural District (“A”) to Planned Development (“PD”) on 1.6± acres of land situated in the D.E.W. Babb Survey, Abstract No. 33, City of Melissa, Collin County, Texas and generally located on the east side of Milrany Lane approximately 705 feet to the south of the intersection of Sam Rayburn Highway and Milrany Lane, City of Melissa, Collin County, Texas. The applicants are requesting to rezone the property for the purpose of using the existing single-family residential structure on the property as an OB/GYN clinic. Back in July 2020, the applicants came forward with a similar request on the same property, but it included a request for a waiver of the City’s platting and site planning requirements. The P&Z Commission was not comfortable with that request and recommended denial of the request, as it created a situation in which the site would not develop under normal circumstances (right-of-way dedication to the City, construction plans for fire lanes, installation of fire hydrants for building coverage, paved parking, etc.). The applicants later pulled their request from consideration before it went to City Council. The applicants are no longer requesting those waivers. They want to first see if the land use will be approved. If it is, they understand that they will have to go through the platting and site planning processes before site development can commence and before they can obtain a Certificate of Occupancy to open the business. Regarding access to the site, TxDOT recently approved a request by the applicant to allow the existing driveway connection to Milrany Lane to remain until the collector road on the south side of the subject tract is constructed. At that time, the applicant will be required to tie in a new driveway to the future collector road and then demolish the existing connection to Milrany Lane. The zoning exhibit contains a note stating that the property owner will commit to doing so via the forthcoming plat document. The Planning & Zoning Commission recommended approval of this rezone request conditioned upon the applicant ensuring that there are two valid points of access to the site by a vote of 7/0/0.

Supporting Documents - Rezone Packet

Comprehensive Plan Comments The proposed land use is inconsistent with the City’s Future Land Use Plan Map (“FLUPM”), which shows the tract in question as “Medium Density Residential”. Staff Recommendation The approval or disapproval of land use will be a policy maker decision. Below is a list of items to consider when making this decision:

The requested land use is inconsistent with the City’s FLUPM Though this tract of land lies outside of the Downtown Overlay District (“DOD”), the proposed

concept of reusing the structure for a non-residential purpose is contemplated in the DOD ordinance, making the concept not completely foreign in the City.

Unlike before, should City Council approve of this land use, the applicants will have to go through the platting and site planning processes.

Exhibit A Legal Description of the Property

Milrany Family LP PO Box 638

Melissa, TX 75454-0638

Melissa Independent School District 1904 Cooper St

Melissa, TX 75454-9555

Hines Milrany Ranch LLC C/O Hines Interests Limited Partnership

2200 Ross Ave Ste 4200W Dallas, TX 75201-2763

Vicinity Map Engineering

JP70

0 S

Cen

tral E

xpre

ssw

ay, S

uite

400

Alle

n, T

exas

750

13 9

72-4

67-7

505

Texa

s P

.E. F

irm N

umbe

r 140

21

Milr

any

Lane

Sam Rayburn Highway

FM 545

PD Ordinance – 3122 Milrany Lane (OBGYN Clinic) Page 1 of 7 3252155

CITY OF MELISSA, TEXAS ORDINANCE NO. __________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MELISSA, TEXAS, AMENDING MELISSA’S ZONING ORDINANCE, ORDINANCE NO. 92-08, AS AMENDED, TO REZONE A TRACT OF LAND, CONSISTING OF 1.610± ACRES, SITUATED IN THE D.E.W. BABB SURVEY, ABSTRACT NO. 33, IN THE CITY OF MELISSA, COLLIN COUNTY, TEXAS, HERETOFORE ZONED AGRICULTURAL DISTRICT (A); PROVIDING THAT THE PROPERTY IS HEREBY REZONED AND PLACED IN THE PLANNED DEVELOPMENT-GENERAL COMMERCIAL DISTRICT (PD-C-2) ZONING CLASSIFICATION; DESCRIBING THE TRACT TO BE REZONED; PROVIDING A PENALTY CLAUSE, SAVINGS/REPEALING CLAUSE, SEVERABILITY CLAUSE AND AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Melissa, Texas (“City Council”) has

investigated and determined that it would be advantageous and beneficial to the citizens of the City of Melissa, Texas (“Melissa”) to amend Melissa’s Zoning Ordinance, Ordinance No. 92-08, as amended (“Zoning Ordinance”), as set forth below; and

WHEREAS, TMGJHB, LLC (“Applicant”) initiated a request to rezone a tract of land consisting of 1.610± acres, situated in the D.E.W. Babb Survey, Abstract No. 33, City of Melissa, Collin County, Texas, more particularly described in Exhibit A, attached hereto and incorporated herein for all purposes (the “Property”); and

WHEREAS, Applicant has requested that the Zoning Ordinance be amended to rezone the Property, heretofore zoned Agricultural District (A), by placing it in the Planned Development-General Commercial District (PD-C-2) zoning classification; and

WHEREAS, the City Council has investigated and determined that the facts contained in the Applicant’s request are true and correct; and

WHEREAS, the City Council finds that the owner(s) of the Property have agreed to comply with all provisions of the ordinances of Melissa, as they exist, may be amended or in the future arising, including, but not limited to, this Ordinance and the Zoning Ordinance; and

WHEREAS, the City Council further finds that the owner(s) of the Property also have agreed to comply with the additional restrictions and conditions set forth herein, in the Development Standards attached hereto as Exhibit B and incorporated herein for all purposes, the Zoning Exhibits, attached hereto as Exhibit C and incorporated herein for all purposes, and the Signage Plan, attached hereto as Exhibit D and incorporated herein for all purposes (collectively, “Additional Conditions”); and

WHEREAS, all legal notices required for rezoning have been given in the manner and form set forth by law; public hearings have been held on the proposed rezoning; and all other requirements of notice and completion of such zoning procedures have been fulfilled; and


WHEREAS, the City Council has investigated and determined that it will be advantageous and beneficial to Melissa and its citizens to rezone the Property as set forth below.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MELISSA, TEXAS:

SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein.

SECTION 2: Amendment to the Zoning Ordinance. The Zoning Ordinance is hereby amended as follows: The zoning designation of the Property, and all streets, roads and alleyways contiguous and adjacent thereto, is hereby rezoned as Planned Development-General Commercial District (PD-C-2). The Property is more particularly described in Exhibit A.

The development plans, standards and uses for the Property shall conform to and comply with the standards, rules and regulations for the development and uses of land within the Planned Development-General Commercial District (PD-C-2) zoning classification, the Development Standards set forth in Exhibit B, the Zoning Exhibits set forth in Exhibit C, the Signage Plan set forth in Exhibit D and all other Additional Conditions. The development of the Property also must comply with the requirements of all applicable ordinances, rules and regulations of Melissa, as they currently exist, may be amended or in the future arising. To the extent that any of the exhibits attached hereto are in conflict with the provisions of this Ordinance or one another, the provisions of this Ordinance, then the provisions of Exhibit B, Exhibit C and Exhibit D shall prevail in that order.

SECTION 3: No Vested Interest/Repeal. No developer or property owner shall acquire any vested interest in this Ordinance or in any specific regulations contained herein. Any portion of this Ordinance may be repealed by the City Council in the manner provided for by law.

SECTION 4: Unlawful Use of Property. It shall be unlawful for any person, firm, entity or corporation to use of the Property in some manner other than as authorized by this Ordinance, and it shall be unlawful for any person, firm, entity or corporation to construct on the Property any building that is not in conformity with the permissible uses under this Ordinance.

SECTION 5: Penalty. Any person, firm, corporation or entity violating any provision of this Ordinance, or the Zoning Ordinance, as they exist or may be amended, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be fined in an amount not exceeding TWO THOUSAND AND NO/100 DOLLARS ($2,000.00). Each continuing day’s violation shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Melissa from filing suit to enjoin the violation. Melissa retains all legal rights and remedies available to it pursuant to local, state and federal law.

SECTION 6: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional and/or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. The City Council hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, regardless of whether any one or more sections, subsections, sentences, clauses or phrases is declared unconstitutional and/or invalid.


SECTION 7: Repealing/Savings. The Zoning Ordinance shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict, but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect.

SECTION 8: Effective Date. This Ordinance shall become effective from and after its adoption and publication as required by law and the City Charter.

DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF MELISSA, TEXAS on this ___ day of __________________, 2020.

___________________________________ Reed Greer, Mayor ATTESTED TO AND CORRECTLY RECORDED:

________________________________ Kacie Galyon, City Secretary

Dates of Publication: ________________________________________, Anna-Melissa Tribune


Exhibit A Legal Description of the Property


Exhibit B Development Standards

The Property shall be developed in accordance with this Ordinance and the standards

applicable to the General Commercial District (C-2) zoning classification of Melissa’s Zoning Ordinance, as it exists or may be amended, except that the following land use shall be the only land use permitted on the Property and none other: Obstetrician-gynecologist medical office. Any other land use shall be an unlawful use of the Property.

In addition, the following development standards shall apply to Property: A. All regulations and standards applicable to the General Commercial District (C-2)

zoning classification of Melissa’s Zoning Ordinance, as it exists or may be amended, will apply, except as follows:

1. The existing structure on the Property shall not be enlarged or the exterior

altered. The interior of the existing structure on the Property may be altered only in accordance with this Ordinance. The existing structure on the Property shall be considered a nonconforming structure;

2. The character of the Property shall be retained and preserved; and 3. New additions, exterior alterations or related new construction shall not be

permitted.


Exhibit C Zoning Exhibits

Note: Approval of the zoning case associated with this exhibit shall not imply or be interpreted as approval of any associated study, plat or plan, approval of development standards shown hereon or the initiation of the development process. Planning and Zoning Commission and/or City Council action on studies, plats or plans relating to development of this property shall be considered as an action separate from action taken on this zoning case.


Exhibit D Signage Plan


Subject Resolution accepting annexation application and setting a date, time, and place for a Public Hearing on the proposed voluntary annexation by the City of Melissa of the area of land consisting of 38.694± Acres, situated in the W. Sanders Survey, Abstract No. 867, Collin County, Texas.


Action Requested Approval of a resolution accepting the voluntary annexation application for the prospective Bryant Farms Subdivision Summary of Subject Linda and Raymond Bryant recently submitted to Melissa a voluntary request for annexation of 38.694± acres into the City of Melissa for the construction of the prospective Bryant Farms Subdivision. In order to consider this annexation application, City Council must adopt a resolution accepting this annexation application and setting a date, time and place for a public hearing on the topic. The resolution in this packet establishes that a public hearing will be held on February 23, 2021 at 6:00 p.m. in the City Council Chamber at Melissa City Hall. Supporting Documents

- Resolution

Comprehensive Plan Comments N/A Staff Recommendation Staff recommends approval of the resolution.

Resolution Calling Public Hearing for Proposed Annexation – 38.694± acres Page 1 of 7 3270196

CITY OF MELISSA, TEXAS RESOLUTION NO. ____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MELISSA, TEXAS, SETTING A DATE, TIME AND PLACE FOR A PUBLIC HEARING ON THE PROPOSED VOLUNTARY ANNEXATION BY THE CITY OF MELISSA OF THE AREA OF LAND CONSISTING OF 38.694± ACRES, SITUATED IN THE W. SANDERS SURVEY, ABSTRACT NO. 867, COLLIN COUNTY, TEXAS; AUTHORIZING AND DIRECTING THE CITY MANAGER, OR HIS DESIGNEE, TO: (1) PROVIDE THE REQUIRED WRITTEN NOTIFICATIONS TO THE PROPERTY OWNERS AND ANY APPLICABLE PUBLIC ENTITIES; (2) NOTIFY THE PUBLIC OF THE PUBLIC HEARING; (3) OFFER ANY ANNEXATION AGREEMENT, AS REQUIRED BY LAW, OR AS THE CITY MANAGER DEEMS APPROPRIATE, AS HE SOLELY DETERMINES; AND (4) EXECUTE ANY ANNEXATION AGREEMENT DESCRIBED HEREIN; PROVIDING FOR THE CITY COUNCIL’S DETERMINATION OF THE AREA TO BE ANNEXED BY THE CITY OF MELISSA; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE

CITY OF MELISSA, TEXAS: SECTION 1: Public Hearing. On the 23rd day of February, 2021, at 6:00 p.m., in the

City Council Chamber at City Hall, 3411 Barker Avenue, Melissa, Texas 75454, the City Council of the City of Melissa, Texas (“City Council”) will hold a public hearing, giving all interested persons the right to appear and be heard on the proposed voluntary annexation by the City of Melissa, Texas (“Melissa”) of the area of land consisting of 38.694± acres, situated in the W. Sanders Survey, Abstract No. 867, Collin County, Texas, more particularly described and depicted in Exhibit A, attached hereto and incorporated herein for all purposes.

SECTION 2: Area to be Annexed. The City Council may determine whether all of

some of the above-described area will be annexed by Melissa, as evidenced by the motions made and subsequent actions of the City Council at a duly noticed public meeting, said actions being reflected in the minutes thereof.

SECTION 3: Authority to Provide Notice; Annexation Agreements. The City Manager, or his designee, is hereby authorized and directed to: (i) cause notice of such hearing to be published on Melissa’s website and in a newspaper having general circulation in Melissa and in the above-described area in accordance with the Municipal Annexation Act (Chapter 43, Texas Local Government Code) (“Act”), and as otherwise required by law; (ii) provide the required written notifications to the owner(s) of the property(ies) contained in the above-described area as well as any applicable public entities as required under the Act; (iii) offer any annexation agreements, as required by law, or as the City Manager deems appropriate, as he solely determines, for Melissa, in accordance with the Act; and (iv) execute the form of any and all annexation agreements described herein.


SECTION 4: Effective Date. This Resolution shall take effect immediately from and

after its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF

MELISSA, TEXAS, on the 12th day of January, 2021. ______________________________ Reed Greer, Mayor

ATTEST TO: ___________________________ Kacie Galyon, City Secretary


Subject A Resolution of the City Council Of The City Of Melissa, Texas, Repealing Resolution No. 20-15 R, and Determining a Public Necessity to Acquire Certain Properties for Public Use by Eminent Domain for Right-Of-Way (in Fee Simple), Slope, Grading and Access Easements, Temporary Construction Easements and Related Improvements for the Construction, Expansion, Access, Repair, Maintenance and Replacement of Cascades Street (From Approximately Sam Rayburn Highway (State Highway 121) to a Point Approximately 450 Feet North Of Sam Rayburn Highway (State Highway 121)); Giving Notice of an Official Determination to Acquire Certain Properties for Public Use by Eminent Domain for Such Right-Of-Way (in Fee Simple), Slope, Grading and Access Easements, Temporary Construction Easements and Related Improvements; Authorizing the City Manager of the City Of Melissa, Texas, to Establish Procedures for Acquiring the Right-Of-Way (in Fee Simple), Slope, Grading and Access Easements, Temporary Construction Easements and Related Improvements, Offering to Acquire Said Property Right, Voluntarily, from the Landowner Through the Making of Bona Fide Offers; Appropriating Funds; Providing for Repealing, Savings and Severability Clauses; and Providing for an Effective Date.


Action Requested Approval of a resolution repealing Resolution No. 20-15R and determining a public necessity to acquire certain properties for public use by eminent domain for right-of-way (in fee simple) and various easements related to Cascades Street. Summary of Subject The City of Melissa entered into an agreement with Bloomfield Homes effective as of March 12, 2019 in which the City agreed to use, if necessary, its power of eminent domain to obtain the right-of-way and easements necessary to construct Cascades Street from the Brookside Phase 3/Liberty South Subdivision out to Sam Rayburn Highway. Per the agreement, this will be carried out at the developer’s cost. After the developer exhausted all best efforts to obtain the right-of-way, on April 28, 2020, the City Council passed a resolution determining a public necessity to acquire certain properties for public use by eminent domain for right-of-way (in fee simple) and various easements related to Cascades Street. This was the first step necessary to proceed with eminent domain. After the passage of the resolution, the developer approached the City with a modified temporary construction easement necessary for the construction of the roadway that was smaller than the original easement because less room is needed for construction. Now that the developer is ready to proceed forward with obtaining the right-of-way via the City’s power of eminent domain, at the suggestion of the

City Attorney, City Staff is requesting approval of a revised resolution containing the updated temporary construction easement. This will ensure that the condemnation process is carried out properly. Supporting Documents

- Resolution

Comprehensive Plan Comments N/A Staff Recommendation Staff recommends approval of the resolution

Resolution Authorizing the Acquisition of Property by Eminent Domain Page 1 of 19 3277573

CITY OF MELISSA, TEXAS RESOLUTION NO. _______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MELISSA,

TEXAS, REPEALING RESOLUTION NO. 20-15 R, AND DETERMINING A PUBLIC NECESSITY TO ACQUIRE CERTAIN PROPERTIES FOR PUBLIC USE BY EMINENT DOMAIN FOR RIGHT-OF-WAY (IN FEE SIMPLE), SLOPE, GRADING AND ACCESS EASEMENTS, TEMPORARY CONSTRUCTION EASEMENTS AND RELATED IMPROVEMENTS FOR THE CONSTRUCTION, EXPANSION, ACCESS, REPAIR, MAINTENANCE AND REPLACEMENT OF CASCADES STREET (FROM APPROXIMATELY SAM RAYBURN HIGHWAY (STATE HIGHWAY 121) TO A POINT APPROXIMATELY 450 FEET NORTH OF SAM RAYBURN HIGHWAY (STATE HIGHWAY 121)); GIVING NOTICE OF AN OFFICIAL DETERMINATION TO ACQUIRE CERTAIN PROPERTIES FOR PUBLIC USE BY EMINENT DOMAIN FOR SUCH RIGHT-OF-WAY (IN FEE SIMPLE), SLOPE, GRADING AND ACCESS EASEMENTS, TEMPORARY CONSTRUCTION EASEMENTS AND RELATED IMPROVEMENTS; AUTHORIZING THE CITY MANAGER OF THE CITY OF MELISSA, TEXAS, TO ESTABLISH PROCEDURES FOR ACQUIRING THE RIGHT-OF-WAY (IN FEE SIMPLE), SLOPE, GRADING AND ACCESS EASEMENTS, TEMPORARY CONSTRUCTION EASEMENTS AND RELATED IMPROVEMENTS, OFFERING TO ACQUIRE SAID PROPERTY RIGHT, VOLUNTARILY, FROM THE LANDOWNER THROUGH THE MAKING OF BONA FIDE OFFERS; APPROPRIATING FUNDS; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Melissa, Texas (“City Council”) has

investigated and determined that there is a public necessity for the acquisition, by eminent domain, of certain parcels of right-of-way (in fee simple), slope, grading and access easements, temporary construction easements and related improvements (collectively, “ROW and Easements”) on the real property described and depicted in Exhibit 1, attached hereto and incorporated herein for all purposes (collectively, “Properties”); and

WHEREAS, it is the intent of the City of Melissa, Texas (“Melissa”) to acquire the

necessary ROW and Easements on the Properties for the purpose of, among other things, the construction, expansion, access, repair, maintenance and replacement of and/or improvements to public facilities; specifically, ROW and Easements for the construction of and/or improvements to Cascades Street (from approximately Sam Rayburn Highway (State Highway 121) to a point approximately 450 feet north of Sam Rayburn Highway (State Highway 121)) (collectively, the “Projects”) for the purposes of, among other things, paving and slope improvements; and

WHEREAS, the City Council finds that the descriptions of the Properties to be acquired

by eminent domain for the Projects, which are attached hereto in Exhibit 1, comply with Chapter 2206 of the Texas Government Code, as amended (“Chapter 2206”), in that the same provides the owner of the Properties reasonable notice that the owner’s Properties may be subject to condemnation proceedings during the planning or construction of the Projects; and


WHEREAS, the City Council has further investigated and determined that the Projects

are necessary for public use; and WHEREAS, it is necessary to establish procedures for determining the establishment and

approval of just compensation for the ROW and Easements to be acquired by eminent domain for the Projects; and

WHEREAS, there may be improvements located on some of the Properties acquired for

these Projects and such improvements may be required to be moved prior to the beginning of these Projects; and

WHEREAS, the City Manager, or his designee (“City Manager”), is required to make a

bona fide offer, as defined by and in compliance with Section 21.0113 of the Texas Property Code (“Bona Fide Offer”) to acquire each of the ROW and Easements on the Properties for public use, voluntarily, from the subject landowner prior to moving forward with acquisition by eminent domain; and

WHEREAS, the City Council has investigated and determined that the passage of this

Resolution complies with Chapter 2206 and other applicable laws.

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MELISSA, TEXAS:

SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Resolution as if fully set forth herein.

SECTION 2: Repeal of Resolution No. 20-15 R. Resolution No. 20-15 R is hereby

repealed in its entirety and replaced by this Resolution. SECTION 3: Acquisition of Properties. The City Council hereby determines that there

is a public necessity for, and the public welfare and convenience will be served by, the acquisition, by eminent domain, of the ROW and Easements on the Properties, and it is Melissa’s intent to acquire the ROW and Easements for public use as more generally depicted on each of Exhibit 1, attached hereto, specifically for the purpose of, among other things, the construction, expansion, access, repair, maintenance and replacement of and/or improvements of the Projects.

SECTION 4: Authority of City Manager/Bona Fide Offer. The City Manager is hereby

authorized to contract, on behalf of the City Council, with professional appraisers for appraisal services and with attorneys for preparation of title opinions needed by Melissa from time to time in connection with the acquisition of the ROW and Easements on the Properties for the purpose of, among other things, the construction, access, repair, maintenance and replacement of and/or improvements to the Projects. The City Council hereby ratifies any contracts entered into, prior to the effective date of this Resolution, by the City Manager with professional appraisers for appraisal services and with attorneys for preparation of title opinions needed for the acquisition of the ROW and Easements on the Properties. To this end, the City Manager shall first make Bona Fide Offers to acquire the ROW and Easements on the Properties from the subject landowner voluntarily. Should one or more of the landowner fail to provide the ROW and


Easements voluntarily in response to said Bona Fide Offers, the City Manager is authorized to move forward with acquiring the ROW and Easements on the Properties by eminent domain.

SECTION 5: Determination of Just Compensation. The City Manager is hereby

authorized and directed to examine and rely on the independent appraisal reports and other information to make a determination as to the establishment and approval of a fair market value offer and the just compensation for the ROW and Easements on the Properties for the purpose of making the Bona Fide Offers. After such consideration, the City Manager shall establish and approve the amount determined to be just compensation for acquisition of said ROW and Easements and shall have the authority to execute any and all documents necessary to complete the acquisition of same.

SECTION 6: Authority to Make an Offer. Upon establishment and approval by the City

Manager of the amount of just compensation for the acquisition of the ROW and Easements on the Properties, the City Manager is authorized to send a written Bona Fide Offer to the each of the landowner of said Properties for the acquisition of said ROW and Easements at the full amount determined and established to be just compensation therefore, and to negotiate with said landowner on behalf of Melissa to acquire the ROW and Easements voluntarily.

SECTION 7: Authority to Execute Documents. The City Manager is hereby authorized

to execute all documents necessary to acquire the ROW and Easements on the Properties needed for the Projects, on behalf of Melissa, whether by purchase or eminent domain. The City Council hereby ratifies any documents executed, prior to the effective date of this Resolution, by the City Manager which were necessary for the acquisition of the ROW and Easements on the Properties for the Projects.

SECTION 8: Disposal of Improvements. The City Manager is hereby authorized to sell

such surplus improvements, if any, located on the ROW and Easements acquired in connection with these Projects, should they interfere with the intended use and enjoyment of said ROW and Easements.

SECTION 9: Eminent Domain Authorized. Should the City Manager be unable to

acquire the ROW and Easements voluntarily from the landowner, through the making of the Bona Fide Offers, the City Manager is authorized to direct the law firm of Abernathy, Roeder, Boyd & Hullett, P.C., to commence eminent domain proceedings for the acquisition of the ROW and Easements on the Properties for the Projects.

SECTION 10: Source of Funds. The amount to be paid, if any, for acquiring the ROW

and Easements on the Properties for the Projects will be appropriated from any lawful source. SECTION 11: Savings/Repealing. All provisions of any resolution in conflict with this

Resolution are hereby repealed to the extent they are in conflict. Any remaining portion of conflicting resolutions shall remain in full force and effect.

SECTION 12: Severability. Should any section, subsection, sentence, clause or phrase of this Resolution be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Resolution shall remain in full force and effect. The City Council hereby declares that it would have passed this Resolution,


and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid.

SECTION 13: Effective Date. This Resolution shall take effect immediately from and

after its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF

MELISSA, TEXAS, on this ______ day of ___________________, 2021.

________________________________ Reed Greer, Mayor

ATTEST: ________________________________ Kacie Galyon, City Secretary

Dates of Publication: ____________________________, Anna-Melissa Tribune


Exhibit 1