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City of Canyon Commission Meetings

Regular Meeting

Canyon, TX · February 3, 2014

AgendaMinutes

Minutes

AGENDA NOTICE OF MEETING Notice is hereby given that the governing body of the City of Canyon will meet at 5:30 p.m. on the 3rd day of February, 2014, in the Commission Chambers of City Hall at 301 16th Street in the City of Canyon to discuss the following agenda items: 1. Call to Order. 2. Invocation. 3. Approval of the Minutes of the Meeting of January 13, 2013. 4. Public Forum – Comments from Interested Citizens. 5. Update from City Staff (4th Avenue Paving Project, Rockwell Road Well Field Project, Hunsley Road Striping, and TMRS Analysis). 6. Consider and Take Appropriate Action on Proposed Municipal Court Security Fee. 7. Presentation of 2013 Annual Code Enforcement Report. 8. Consider and Take Appropriate Action on Annual Police Report and 2012 Racial Profiling Report from Chief of Police Dale Davis. 9. Consider and Take Appropriate Action on Resolution No. 02-2014 Suspending Effective Date of Southwestern Public Service Proposed Rate Increase. 10. Executive Session Pursuant to Texas Government Code §551.074 Personnel (Assistant City Manager), §551.071, for Consultation With Attorney Pertaining to Pending or Contemplated Litigation, and §551.072 Real Property. 11. Consider and Take Appropriate Action on Items Discussed in Executive Session. 12. Adjournment. Randy Criswell, City Manager I certify that the above Notice of Meeting was posted on the bulletin board of the Civic Complex of the City of Canyon, Texas on the 31st day of January, 2014. Gretchen Mercer, City Clerk City of Canyon City Commission Meeting January 13, 2014 The City Commission of the City of Canyon met in regular session at 5:30 p.m. in the City Commission Chambers of the Civic Complex. Mayor Quinn Alexander presided over the meeting with the following Commissioners in attendance: Mayor Pro-Tem Jed Welch, Gary Hinders and Jon Behrens. Commissioner David Logan was unable to attend. Also present were the following City Staff: City Manager Randy Criswell, Assistant City Manager Chris Sharp, City Secretary Gretchen Mercer, Code Enforcement Director Danny Cornelius, Parks and Recreation Director Brian Noel, Public Works Director Dan Reese, Librarian Noreen Taylor and City Attorney Chuck Hester. Item 1. Call to Order. Mayor Alexander called the meeting to order at 5:31 p.m. Item 2. Invocation. Commissioner Behrens gave the invocation. Item 3. Approval of Minutes of the Meeting of December 9, 2013. Commissioner Hinders moved, duly seconded by Mayor Pro-Tem Welch to approve the minutes of December 9, 2013. Motion carried unanimously. Item 4. Public Forum – Comments from Interested Citizens. No Comment was made. Item 5. Consider and Take Appropriate Action on Acceptance of Gift of $12,000 from Canyon Noon Lions Club, and Proclamation of Gratitude for Same. Canyon Noon Lions Club presented the City of Canyon with a check in the amount of $12,500 to assist in the cost of the construction of the playground equipment located in the Kent Johnson Memorial Baseball Complex. Mayor Alexander presented a proclamation honoring the Canyon Noon Lions Club and thanking them for the generous gift. Item 6. Update from City Staff. (4th Avenue Paving Project, Purchase of CISD and HAS Properties Completed, Lighting on Entryway Project, Rockwell Road Well Field Project, New Secondary Transmission Line Project, Canyon Trails at Buffalo Hill Open, Relocation of Chip Site, Update on KJMBC). City Manager Randy Criswell gave brief updates on the following: Mr. Criswell stated Phase 2 of the 4th Ave Paving Project had begun and visible progress should be seen as long as we have good weather. If the weather turns bad, then the work will be affected. City Commission Meeting January 13, 2014 Page 2 of 4 Mr. Criswell said purchase of the CISD property and the HAS property is complete and the City of Canyon now owns both properties. Mr. Criswell stated he had met with Kevin Luetkahans of Xcel Energy about the overhead lines. Mr. Luetkahans said while it was complicated, he felt it could be cleaned up and some lines could be removed but there would be significant costs involved in eliminating all overhead utilities. Mr. Criswell said he would need to do more investigation into this matter. Mr. Criswell said the Entryway Project has three lights working on the west side and one on the east side. Mr. Criswell said Brian believes there is probably a conduit issue, but hopefully will be an easy fix and everything completed soon. Mr. Criswell stated everything at the well field is done for the Rockwell Road Project and everything else about half way finished. Mr. Criswell said SPS had been paid which generally means they are about ready to start all the electrical. Mr. Criswell reported the New Secondary Transmission Line layout had been completed, and staff was working with the landowners on acquisition of easements. Mr. Criswell said it is recommended that we move quickly since contractors are looking for work at this time. Mr. Criswell reported that Canyon Trails at Buffalo Hill is open for business. Mr. Criswell said an Interlocal agreement with WTAMU for parking had been developed and was on the agenda tonight for approval. Mr. Criswell said the trail had a total of 5.5 miles for biking or jogging/walking. Mr. Criswell announced effective the end of January 2014, the chip site currently located at the Santa Fe Depot will be moved to the City of Canyon’s land next to the landfill. Mr. Criswell said the current location has become too small and difficult to manage and the new site would be easier to access. Mr. Criswell said the depot area will be utilized for the storage of city equipment. Mr. Criswell stated this would limit the hours of operation of the new chip site to the same hours as the landfill. Mr. Criswell staid the Kent Johnson Memorial Baseball Complex staircase issue had been resolved and a punch list/warranty list had been sent to the contractors. Mr. Criswell said once everything is complete, the city will have a grand opening / dedication ceremony. Randy also informed the Commission that Parks and Recreation Director Brian Noel had come up with a great resolution for the requirement of having to have a place for a wheel chair and a companion seat. Mr. Noel was actively purchasing seats from major league baseball stadiums from across America such as Texas Rangers, New York Yankees, Boston Red Sox, St. Louis Cardinals, and Detroit Tigers. Mr. Criswell said these seats would be bolted and welded to the ground with security cameras on them. Mr. Criswell stated he felt this would make the complex very unique and appealing to kids and fans. Item 7. Consider and Take Appropriate Action on Resolution No. 01-2014 for Trails Grant Submission. Parks and Recreation Director Brian Noel presented Resolution No. 01-2014 for consideration. Mr. Noel stated he was applying for the same grant that had been applied for in January 2012, City Commission Meeting January 13, 2014 Page 3 of 4 but was not funded. Mr. Noel said he had been working with James Lwuchukwu from the PRPC to resubmit the grant application with some cost adjustments for 2014. Mr. Noel said the city’s match would be In-Kind only. Mr. Lwuchukwu gave an overview of the grant stating $73,168.58 was being applied for in grant funds for the construction of trails at Southeast Park, Conner Park and Brown Road Recreation Complex. After discussion, Mayor Pro-Tem Welch moved, duly seconded by Commissioner Hinders to adopt Resolution No. 01-2014 as presented. Motion carried unanimously. RESOLUTION NO. 01-2014 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS, AUTHORIZING THE SUBMISSION OF A RECREATIONAL TRAILS PROGRAM APPLICATION TO TEXAS PARKS AND WILDLIFE DEPARTMENT RECREATION GRANTS BRANCH FOR THE RECREATIONAL TRAILS PROGRAM; AND AUTHORIZING THE CITY MANAGER TO ACT AS THE CITY'S EXECUTIVE OFFICER AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY'S PARTICIPATION IN THE RECREATIONAL TRAILS PROGRAM. Item 8. Consider and Take Appropriate Action on WTAMU Interlocal Agreement for Parking at Canyon Trails at Buffalo Hill. Parks and Recreation Director Brian Noel presented an Interlocal Agreement for Parking at Canyon Trails at Buffalo Hill. Mr. Noel said due to the entire property owned by the City of Canyon being used for the trails, WTAMU agreed to allow parking for people using the trails on their property adjacent to the trail entrance. WTAMU prepared an Interlocal agreement. Mayor Alexander asked if there were any time limits to which Mr. Noel said no. Mr. Noel said there was a good caliche base and if any improvements were needed, the agreement allowed for the city to make them with an ok from WT. After discussion, Commissioner Behrens moved, duly seconded by Mayor Pro-Tem Welch to approve the Interlocal agreement with WTAMU allowing parking on WT property adjacent to the Canyon Buffalo Trails at Buffalo Hill. Motion carried unanimously. Item 9. Consider and Take Appropriate Action on Quarterly Finance Report by Finance Director Chris Sharp. Assistant City Manager Chris Sharp presented the Quarterly Finance Report. After brief discussion, Mayor Pro-Tem Welch moved, duly seconded by Commissioner Hinders to approve the Quarterly Finance Report as presented. Motion carried unanimously. Item 10. Executive Session Pursuant to Texas Government Code §551.072 Real Property, and §551.074 Personnel: Appointments to Boards and Commissions (Canyon Area Library, Canyon Housing Authority, 911 Board of Directors), §551.074 Personnel: (Possible Creation of New Administrative Position) and §551.071, for Consultation With Attorney Pertaining to Pending or Contemplated Litigation. Mayor Alexander indicated the Commission would adjourn into executive session at 6:18 p.m. City Commission Meeting January 13, 2014 Page 4 of 4 Item 11. Consider and Take Appropriate Action on Items Discussed in Executive Session. Upon returning from executive session at 7:43 pm, the following action was taken. Commissioner Hinders moved, duly seconded by Mayor Alexander to appoint Police Chief Dale Davis to the expiring term of Jamie Allen on the 911 Board of Directors. Motion carried unanimously. Mayor Pro-Tem Welch moved, duly seconded Commissioner Hinders to appoint Nola Hopkins and Melissa Wright to fill the expired places of Jan Charles and Danna West and reappoint Anita Adair to the Canyon Area Library Board. Motion carried unanimously. Commission Behrens moved, duly seconded by Commissioner Logan to appoint Connie Hopson to fill the expiring place of Steve Woodard on the Canyon Housing Authority. Motion carried unanimously. Item 12. Adjournment There being no further business, Mayor Pro-Tem Welch moved this meeting be adjourned. __________________________ Quinn Alexander, Mayor ATTEST: ________________________________ Gretchen Mercer, City Secretary AGENDA To: Mayor and City Commission From: Randy Criswell, City Manager Date: February 3, 2014 Re: Consider and Take Appropriate Action on Request from Municipal Court Judge Bob Splawn to implement Canyon Municipal Court Security Fee and Fund. ________________________________________________________________________ Following my memo is a memo from Municipal Court Judge Bob Splawn making me aware of a Section of the Texas Code of Criminal Procedures that allows for the collection of a $3 security fee for defendants convicted of misdemeanor offenses. Currently we do not collect this fee. You can read the Judge’s memo and see the fee is to be specifically utilized for a security fund and only for items that would be of a security type nature with regard to Municipal Court. There is some explanation in Judge Spawn’s memo with regard to court costs and how much goes to the state and how much is retained by the city, as well as a recommendation from the Judge as to what he would do with that money if you chose to adopt the appropriate Ordinance to collect that security fee. Please take a look at the Judge’s memo and we can discuss it Monday night. It is my intent that nothing be adopted Monday night but that if the Commission is in support of the request, you authorize staff to develop the appropriate Ordinance and have it presented to you for adoption at the earliest possibility. From my standpoint as the City Manager, I think this is a reasonable fee and not excessive. As you can see from the Judge’s memo, most of the money that is collected goes to the state anyway and if we can do some things to make our court more secure, help our Judge feel more protected, and enhance our court, then I feel $3 per defendant is a pretty small price to pay. It is Staff’s recommendation to proceed with this if that is the desire of the Commission. The Judge will be present Monday night to answer any questions. City of Canyon memo Canyon Municipal Court To: Randy Criswell From: Bob Splawn CC: Date: 1/20/2014 Re: Canyon Municipal Court Security Fee and Fund Comments: Article 102.017 (b) of the Texas Code of Criminal Procedures allows the governing body of a municipality to adopt an ordinance that creates a municipal court building security fund and authorizes the municipal court to collect a $3 security fee for defendants convicted of misdemeanor offenses. Currently, the Municipal Court of Canyon is not authorized to collect this fee. The security fund may be used for security personnel, services and items related to buildings that house the operations of the municipal court. Examples of allowable expenditures include, but are not limited to: X-ray machines, handheld metal detectors, walkthrough metal detectors, identification card systems, electronic locking and surveillance equipment, alarms and security personnel. I estimate that the security fee would conservatively generate $2,500 per year based upon the number of misdemeanor cases processed by the court each year. The funds do not have to be expended in the fiscal year in which they are collected. Currently, court costs for misdemeanor offenses are $64. $54 of the $64 goes to the State of Texas and is established by law. The remaining $9 is retained by the City of Canyon. So, to state the obvious, total court cost would rise to $67 with $12 being retained by the City of Canyon. As a point of comparison, court costs for traffic violations range from $93 to $120 depending on the offense. Most traffic violations carry court costs of $97. $84.50 of the $97 goes to the State of Texas with the City of Canyon retaining $12.50. The security fee would not be applied to traffic violations, only to misdemeanor offenses. Even with the increase of $3, misdemeanor court costs are still below what defendants have to pay for traffic violations. Initially, I would like to see the funds used to install cameras in the commission chambers (courtroom) st and the 1 floor conference room outside of the police department. I use these rooms to conduct the business of the court. I often meet with defendants in a one-to-one situation. Cameras in these rooms would not only enhance the physical security of the court and courtroom personnel, it would also help prevent any accusations of misconduct that a defendant might make in these one-to-one situations. As additional funds became available, it would be good to install cameras at the front door of city hall and the court clerk’s window. As a side note, had cameras been in place at the front door, the recent vandalism of city hall might have been prevented; and if not prevented, the cameras could have aided the police in their investigation of the incident. memo I have been trained in the process of auditing the security strengths and weaknesses of public buildings. There are other areas where the security of the municipal building could be enhanced. For example, the door that allows access to the roof should be equipped with an alarm that will alert someone in the building that the door has been opened. After immediate security concerns have been addressed, a longer range plan should be developed to address security issues. I am requesting that you ask the City Commission to consider adopting an ordinance that establishes a municipal court security fund and authorize the assessment of the $3 security fee. AGENDA To: Mayor and City Commission From: Danny Cornelius, Director of Code Enforcement Date: January 28, 2014 Re: Consider and Take Appropriate Action on 2013 Annual Code Enforcement Report. A summary of the Code Enforcement Department activity for the 2013 calendar year is attached. Also attached is a 5 year comparison of construction activity. New single-family home construction continues to increase, with 8 more homes being constructed than in 2012. Total valuation of new home construction was up $2,111,727. There is no action required on this item. City of Canyon 5 YEAR COMPARISON CHART # S-F # 2-F + M-F # OTHER RESIDENTIAL # NEW COMMERCIAL # COMM ADDS/REMODS YEAR PERMITS VALUATION PERMITS VALUATION PERMITS VALUATION PERMITS VALUATION PERMITS VALUATION 2013 61 13,688,428.00 8 2,137,000.00 51 1,676,246.00 4 487,751.00 2 14,000.00 2012 53 11,576,701.00 4 1,032,762.00 40 725,325.00 4 1,449,447.00 16 882,907.00 2011 45 9,077,171.00 2 366,000.00 44 962,565.00 10 1,871,883.00 13 4,470,443.00 2010 57 11,010,802.00 5 991,450.00 61 1,258,540.00 16 1,370,000.00 21 1,493,822.00 2009 36 5,971,900.00 2 606,152.00 59 1,167,500.00 17 7,593,708.00 17 6,210,809.00 2013 SINGLE FAMILY RESIDENTIAL CONSTRUCTION DATE ADDRESS VALUATION FINALED CONTRACTOR 1/7/2013 2413 17TH AVE 172,000 06/18/13 GPD 1/7/2013 2415 17TH AVE 172,000 06/18/13 GPD 1/7/2013 2417 17TH AVE 172,000 06/18/13 GPD 1/7/2013 2419 17TH AVE 172,000 06/21/13 GPD 1/7/2013 2421 17TH AVE 172,000 06/21/13 GPD 1/9/2013 15 SANDRA LN 239,000 07/11/13 RAFTER-CROSS 1/22/2013 5 WILLIAM LN 199,000 06/04/13 N&B 1/22/2013 15 WILLIAM LN 199,000 05/09/13 N&B 2/8/2013 9 WILLIAM LN 190,500 05/09/13 N&B 2/8/2013 46 NEELY LN 202,000 NO ACCESS 2/11/2013 2624 17TH AVE 187,500 NO PACK 2/11/2013 2622 17TH AVE 175,000 10/16/13 PACK 2/13/2013 6 NEELY LN 196,000 09/05/13 TIEMANN 2/14/2013 50 NEELY LN 249,000 11/05/13 SOUTHLAND 2/14/2013 31 NEELY LN 214,000 11/05/13 SOUTHLAND 2/21/2013 25 LINDSEY LN 270,000 10/15/13 LYONS 2/21/2013 13 WILLIAM LN 275,000 07/17/13 ACCESS 2/22/2013 7 WILLIAM LN 214,000 10/18/13 RODNEY MILLER 2/28/2013 14 WILLIAM LN 235,000 10/23/13 BURCH 3/7/2013 35 NEELY LN 255,000 07/05/13 SOUTHLAND 3/12/2013 29 LINDSEY LN 205,500 09/24/13 LYONS 3/12/2013 11 WILLIAM LN 197,000 10/24/13 PRO ARC 3/14/2013 45 NEELY LN 211,000 09/13/13 RAFTER-CROSS 3/18/2013 33 QUAY LN 265,000 08/20/13 ARNETT 4/8/2013 13 SANDRA LN 213,000 08/12/13 SOUTHLAND 4/8/2013 18 SANDRA LN 288,500 08/08/13 ARNETT 4/8/2013 8 WILLIAM LN 226,300 NO SOUTHLAND 4/8/2013 16 WILLIAM LN 281,000 10/25/13 SOUTHLAND 4/8/2013 42 NEELY LN 208,538 10/23/13 PRO ARC 4/8/2013 53 NEELY LN 318,200 09/24/13 BLUEHAVEN 4/8/2013 47 NEELY LN 244,500 NO SOUTHLAND 4/18/2013 51 NEELY LN 209,000 NO BLUEHAVEN 4/18/2013 49 NEELY LN 251,000 NO BLUEHAVEN 4/26/2013 37 GRIFFIN DR 257,000 NO LYONS 5/1/2013 29 JYNTEEWOOD CIR 300,000 NO SUNNA CORP 5/1/2013 9 SANDRA LN 253,000 NO RAFTER-CROSS 5/7/2013 1 WILLIAM LN 225,000 09/06/13 SOUTHLAND 5/14/2013 21 GRIFFIN DR 295,000 NO LYONS 5/14/2013 9 MACY LN 209,000 11/27/13 ARNETT 5/17/2013 31 QUAY LN 214,000 09/18/13 ARNETT 5/17/2013 11 SANDRA LN 252,000 11/14/13 AMARILLO IMAGE 5/30/2013 3 WILLIAM LN 314,000 10/10/13 SOUTHLAND 6/26/2013 22 NEELY LN 191,000 11/05/13 N&B 6/27/2013 10 WILLIAM LN 223,000 NO AMARILLO IMAGE 6/27/2013 23 NEELY LN 218,000 12/17/13 MANCHA 7/1/2013 4 WILLIAM LN 199,000 11/27/13 N&B 7/15/2013 2420 16TH AVE 218,000 11/15/13 PACK 7/30/2013 46 GRIFFIN DR 235,000 NO LYONS 8/20/2013 10 SANDRA LN 217,000 NO LLANO 8/20/2013 7 SANDRA LN 193,000 NO OVERHEAD 8/20/2013 19 NEELY LN 195,000 NO LLANO 9/3/2013 17 SANDRA LN 230,000 NO STEVE SIMS 9/17/2013 49 NEELY LN 213,000 NO SOUTHLAND 9/17/2013 17WILLIAM LN 252,890 NO SOUTHLAND 10/1/2013 12 SANDRA LN 211,000 NO TIEMANN 9/26/2013 501 4TH AVE 138,000 NO LYONS 9/26/2013 5206 4TH AVE 180,000 NO DACO 10/7/2013 20 NEELY LN 187,000 NO N&B 10/10/2013 9 STONEWAY CT 361,000 NO LYONS 10/22/2013 10 MACY LN 214,000 NO ARNETT 11/6/2013 29 QUAY LN 215,000 NO ARNETT 61 TOTAL 13,688,428.00 61 TOTAL PROPERTIES 2013 MOBILE HOMES 9/4/2013 1406 8TH ST #80 2,330.00 10/25/13 SILVA 11/15/2013 1406 8TH ST #61 21,000.00 NO TAYLOR 2 TOTAL 23,330.00 2 TOTAL PROPERTIES 2013 NEW DUPLEX CONSTRUCTION 9/26/2013 307 5TH ST 142,000.00 NO LYONS 1 TOTAL 142,000.00 1 TOTAL PROPERTY 2013 MULTI FAMILY CONSTRUCTION 7/1/2013 1908 N 2ND AVE 285,000.00 NO COMER 7/1/2013 1910 N 2ND AVE 285,000.00 NO COMER 7/1/2013 2000 N 2ND AVE 285,000.00 12/4/2013 COMER 7/1/2013 2002 N 2ND AVE 285,000.00 12/4/2013 COMER 7/1/2013 2004 N 2ND AVE 285,000.00 12/6/2013 COMER 9/12/2013 1906 N 2ND AVE 285,000.00 NO COMER 11/6/2013 1904 N 2ND AVE 285,000.00 NO COMER 7 TOTAL 1,995,000.00 7 TOTAL PROPERTIES OTHER RESIDENTIAL CONSTRUCTION 2013 RES. REMODELS 28 990,597.00 RES. ADDITIONS 10 331,000.00 RES. ACCESS. BUILDINGS 9 283,299.00 RES. GARAGE/CAR PORT 2 30,850.00 RES. POOLS 1 32,000.00 RES. OTHER OUTDOOR PATIO 1 8,500.00 51 TOTAL 1,676,246.00 RESIDENTIAL DEMOLITIONS 2013 DATE ADDRESS DESCRIPTION CONTRACTOR 5/21/2013 610 2ND AVE ANDRADA 6/6/2013 1919 N 2ND AVE #13 MOBILE HOME GRANT 6/6/2013 1919 N 2ND AVE #16 MOBILE HOME GRANT 6/6/2013 1919 N 2ND AVE #18 MOBILE HOME GRANT 6/6/2013 1919 N 2ND AVE #25 MOBILE HOME GRANT 6/6/2013 1919 N 2ND AVE #26 MOBILE HOME GRANT 6/6/2013 1919 N 2ND AVE #27 MOBILE HOME GRANT 6/6/2013 1919 N 2ND AVE #29 MOBILE HOME COMER 8/12/2013 1919 N 2ND AVE #28 MOBILE HOME COMER 8/14/2013 707 14TH ST HOUSE LYONS 9/10/2013 501 4TH AVE HOUSE LYONS 12/2/2013 1002 N 2ND AVE MOBILE HOME SIMMONS 12/10/2013 1306 2ND AVE HOUSE & ACC. BLDG GRANT 13 TOTAL 13 TOTAL PROPERTIES COMMERCIAL NEW CONSTRUCTION 2013 4/24/2013 2808 4TH AVE-B 170,000.00 DENTAL OFFICE GPD 5/20/2013 2808 4TH AVE-A 55,000.00 EDWARD JONES GPD 2/13/2013 203 N 23RD ST 250,000.00 WASH HOUSE CAR WASH KENT MARTIN 5/16/2013 904 2ND AVE - B 12,700.00 STORAGE BUILDING DACO 4 TOTAL 487,700.00 4 TOTAL PROPERTIES COMMERCIAL ADDITIONS & REMODELS 2013 3/27/2013 1620 4TH AVE 10,000.00 BAPTIST MINISTRY CENTER KITCHEN RICHARDSON 6/25/2013 1607 4TH AVE 4,000.00 CUSTOM THREADS REMODEL CLAY COOPER 2 TOTAL 14,000.00 2 TOTAL PROPERTIES COMMERCIAL DEMOLITIONS 2013 6/11/2013 1908 N 2ND AVE METAL BUILDING GRANT 7/19/2013 1615 4TH AVE AWNING CJB CONSTRUCTION 2 TOTAL 2 TOTAL PROPERTIES 2013 YEAR END TOTALS NUMBER VALUATION BUILDING PERMITS 157 19,003,934.00 ROOFING PERMITS 75 558,053.00 SIGN PERMITS 63 69,033.00 PLUMBING PERMITS 356 0.00 ELECTRICAL PERMITS 116 0.00 HEATING & AIR 161 0.00 WATER WELL PERMITS 2 0.00 FIRE CODE PERMITS 26 0.00 TOTAL 956 19,631,020.00 PERMIT FEES 956 77,560.00 REINSPECTION FEES 332 7,650.00 LICENSE FEES 246 7,505.00 TOTAL 1534 92,715.00 VIOLATIONS WEEDS 567 MOWED 40 LIENS 18 ACCUMULATIONS 21 OTHER 8 SIGN 27 TOTAL 623 INSPECTOR TOTALS ACTIVE CLOSED VOIDED SUSPENDED TOTAL ROB STANDLEY 24 2299 2323 DANNY CORNELIUS 8 630 638 STAN BARNARD 81 81 VINCE WHITFILL 28 28 OTHER RESIDENTIAL CONSTRUCTION 2013 RES. REMODELS 28 990,597.00 RES. ADDITIONS 10 331,000.00 RES. ACCESS. BUILDINGS 9 283,299.00 RES. GARAGES & CAR PORTS 2 30,850.00 RES. POOL 1 32,000.00 RES. OTHER 1 8,500.00 51 1,676,246.00 AGENDA To: Mayor and City Commission From: Dale Davis, Chief of Police Date: January 27, 2014 Re: Consider and Take Appropriate Action on Annual Police Report and 2013 Racial Profiling Report From Chief of Police Dale Davis. I am please to present the 2013 Canyon Police Department Annual Report. The report was provided to each of you for review. The crime rate for Canyon went up 10% for the year. Our Uniform Crime Report Part I indexes crimes, which establishes crime rate and can show a drastic rise or fall by the minimal number of incidents reported each year. There were 132 part I index crimes reported during 2013, compared to 120 for 2012. The number of theft cases increased from 75 in 2012 to 95 in 2013. I am pleased to report that alcohol related arrest cases decreased 19% overall. The aggressive enforcement of alcohol related incidents in 2012 probably had a direct impact on the decrease seen in 2013. The Texas Code of Criminal Procedure requires the agency head or his designate to submit to the governing body of each county or municipality served by the agency an annual racial profiling report. The racial profiling report for the Canyon Police Department is included in the annual report submitted to the commission. No professional analytical opinion has been conducted on the data presented. It is my opinion that no racial profiling has taken place by members of the Canyon Police Department. Respectfully, Dale Davis City of Canyon Annual Report 2013 CANYON POLICE DEPARTMENT FF Table of Contents Letter to Mayor and City Commission _____________________________________ 3 Mission Statement ______________________________________________________ 4 Agency Goals & Objectives a) Training _________________________________________________________ 5 b) Embracing Change ________________________________________________ 5 c) Supervision ______________________________________________________ 6 d) Texas Police Chief’s Association Recognition ___________________________ 6 e) Police Budget ____________________________________________________ 6 Patrol Goals & Objectives ____________________________________________ 7 Detective Goals & Objectives__________________________________________ 7 School Resource Officer ______________________________________________ 7 Evaluation of Goals/Objectives a) Officer Recruitment _______________________________________________ 8 b) Law Enforcement Management Institute of Texas ________________________ 8 c) Agency Recognition _______________________________________________ 8 d) Crime___________________________________________________________ 8 e) Traffic Collisions _________________________________________________ 9 Community Policing a) Neighborhood Crime Watch Program ________________________________ 10 b) Project ChildSafe ________________________________________________ 11 c) Shop-With-A-Cop ________________________________________________ 11 d) Hide, Lock, Take_________________________________________________ 11 Criminal Investigation _________________________________________________ 13 a) Detective Case Report _____________________________________________ 15 Significant Criminal Cases 2013 _________________________________________ 16 Agency Recognition Program ___________________________________________ 17 Racial Profiling _______________________________________________________ 18 Calls For Service a) Annual _________________________________________________________ 19 b) Monthly ________________________________________________________ 20 Offense Reports a) Annual _________________________________________________________ 21 b) Monthly ________________________________________________________ 22 Part 1 Index Crimes a) Year comparison 2004-2013 ________________________________________ 23 b) By Offense _____________________________________________________ 24 Traffic Citations ______________________________________________________ 25 1 Auto Crash a) Property Damage/Bodily Injury _____________________________________ 26 b) Comparison 2002-2011 ____________________________________________ 27 c) Monthly ________________________________________________________ 28 Alcohol Arrest a) DWI/DUI Minor Arrest ____________________________________________ 29 b) Minor in Possession/Minor in Consumption ___________________________ 30 Drug Arrest __________________________________________________________ 31 Animal Control a) Dog/Cat Impounded & Returned ____________________________________ 32 b) Wild Animals ___________________________________________________ 33 c) Animal Bites ____________________________________________________ 34 d) Enforcement ____________________________________________________ 35 2 CANYON POLICE DEPARTMENT CITY OF CANYON, TEXAS 301 16TH Street~Canyon, Texas 79015 Dale Davis (806)655-5005~ Fax (806)655-5007 Chief of Police January 27, 2014 Honorable Mayor Quinn Alexander Canyon City Commissioners City of Canyon, Texas Re: Annual Police Report- 2013 Dear Mayor Alexander and Commissioners: The year 2013, ended with a higher crime rate in comparison to the previous year. Crime increased 10% for 2013. Thefts reports were the most prevalent crimes committed in the city. A higher number of theft cases contributed significantly to the increase in crime. I want to thank each one of you for the financial support to run a professional, highly trained municipal police department. Your support provides us the capability to perform the essential law enforcement services to our community. The Canyon Police Department is committed to maintaining compliance with the Texas Police Chiefs Association best practices to assure we operate professionally, ethically, and with high integrity. Respectfully, Dale Davis Chief of Police 3 Canyon Police Department Mission Statement In cooperation with the community, the Canyon Police Department is dedicated to providing law enforcement services, while promoting the agency’s goal of “Public Safety”. The police mission includes the maintenance of social order within carefully prescribed ethical, constitutional, and legal restrictions. 4 CANYON POLICE DEPARTMENT Agency Goals & Objectives Date: 01/11/2014 The major role of the Canyon Police Department is to provide the essential law enforcement services to the citizens of Canyon, Texas, while promoting our goal of “Public Safety”. This goal, along with supporting objectives, is the guiding principle by which we, the police, serve our community. It is imperative that all officers of the Canyon Police Department pursue this goal and objectives to their successful conclusion. New challenges are faced every day, with each one being unique and different. Meeting those challenges require a highly professional trained and discipline police force. One of the most pressing and challenging duties of the police chief is establishing agency goals and objectives in which all police personnel should be directing their efforts. Clearly defined goals and objectives are essential for the police, if we are to provide effective law enforcement services. I have established the following agency goals and objectives that I believe are consistent with Canyon’s community values and needs. Administrative Goals & Objectives As Police Chief, I want to promote a professionally trained and highly disciple police force, competent to provide the essential law enforcement services to the citizens of Canyon, Texas. I want to promote a learning organization-  Promoting personnel training as a high priority;  Empowering our employees to make decisions & solve problems;  Embracing change- not resisting or fearing change;  Developing effective leaders, supervisor’s, and police managers;  Formulating sound policies, based upon professional standards; and  Establishing and operating within a sound, fiscal budget. Personnel Training: Employee training continues to be a high priority within the Canyon Police Department. In 2013, personnel completed 1629 hours of training, including some state mandated training. In 2014 I want to focus on 1st Line supervision and state mandated training. The state mandated training cycle began September 1, 2013. Embracing Change: Law enforcement must adapt to continuous technological changes. For example: the Mobile Data Terminals have provided our patrol officers with immediate access to information, the ability to issue electronic citations, and to search and retrieve records. The 5 officers have embraced this technological change in policing: increasing our productivity and enhancing our investigative efforts. Supervision: “The two hardest things to handle in life are failure and success.” Supervision plays a vital part in being a successful learning organization. A successful organization must have effective leaders at all level of the organization. First-Line Supervisors are critical to our success. They are responsible to direct the agency resources toward the accomplishment of our goals and objectives; they are responsible to enforce our agency goals and objectives; and they are responsible to develop their subordinates and identify training deficiencies. In 2013 the Canyon Police Department promoted one Sergeant and three Corporals from the patrol force. This addition to the rank structure allowed the agency to focus on liability exposure. The promotions gave four patrol officers an opportunity to earn a ranking position with the agency. Texas Police Chief’s Association Recognition: The agency should work within the set best practices of the Recognition program and assure that compliance with each best practice is maintained. It is our goal for 2014 to continue to work within the Best Practices outlined by the Texas Police Chief’s Association. The Agency Recognition status is scheduled for renewal in 2015. In 2014 the Recognition Program Manager will be extremely busy working toward a successful on-site. Police Budget: As Chief of Police, I have always submitted a reasonable budget to the Canyon City Commission, justifying the operating costs of the Canyon Police Department. In exchange, the City Commission has always provided the financial support needed to fund the Police Department. Currently, the Police Department’s fiscal budget is slightly over $2 million. Police personnel salary and benefits account for 84% of the Police Department’s budget, supporting a staff of twenty-five full time employees and two part-time employees. In regards to the budget, my goal is to operate the Police Department in a fiscally responsible manner, understanding the importance of a tax-supported budget. As a fiscal planner, I budgeted for expenditures for supplies, equipment, contractual services, and training necessary to accomplish our agency’s goals and objectives. My budget goal is to provide adequate funds to operate the Canyon Police Department. My budget objectives are to operate within the adopted budget, to ensure that funds are being spent for authorized purposes, and to prevent wasteful spending. 6 Patrol Goals & Objectives The patrol force, which is the most visible component within the city, remains the primary component of the Police Department. In 2013 patrol officers drove 108036 miles. Patrol responded to 4427 calls-for-service, which resulted in 729 offense/incident reports and 184 auto crash reports. Of the 729 offense/incident reports, the officers arrested 357 individuals. Patrol made 2348 traffic stops resulting in a traffic citation or arrest. In 2013, auto traffic collisions numbered 184 or a 17% decrease from 2012. There was 1 traffic fatality reported for the year 2013. In 2014 the patrol force goal is to increase traffic enforcement in an attempt to decrease or prevent a significant increase the number of traffic accidents. The agency has set a goal to decrease accidents by 5% and increase traffic enforcement by 5%. These numbers are reasonable and can be achieved. Patrol supervisors should identify the contributing factors of most accidents and assign directed patrol to address the violations. Detective Goals & Objectives In 2014 one goal of the Agency is to continue the reporting of recovered property to address reporting criteria for the Uniform Crime Report. The Canyon Police Department did a much better job in 2013 assuring that majority of recovered property was documented. For 2014 the agency needs to continue providing advanced training for the detectives. In 2013 detectives solved 66% of cases assigned for follow-up. In 2014 detectives have set a goal to maintain or show a slight increase solving assigned cases. School Resource Officer In the fall of 1995, the Canyon Police Department implemented the School Resource Officer’s Program in cooperation with the Canyon-ISD to foster safe schools. The primary purpose of the SRO is to prevent crime, to promote school safety, and to enforce the law. Officer Cody Jones, who is serving his 10th year, is assigned as the School Resource Officer at Canyon High School. The SRO is responsible for the following goals and objectives:  To promote the SRO program;  To protect the integrity of the SRO program;  To provide crime prevention programs;  To promote positive interaction between the police, schools, & community; and  To ensure safe schools. The Canyon Police Department assigned Officer Jimmy Hernandez to the Canyon Junior High School in August 2013. He is responsible for periodic security checks at Canyon Intermediate, Crestview Elementary School, and Reeves Hinger Elementary. 7 Evaluation of Goals / Objectives-2013 Officer Recruitment, Retention & Training: The Canyon Police Department had three officers resign in 2013. Officer Tyler Smith resigned to take a job with the Amarillo Fire Marshalls Office. Officer Tyson McBride accepted a job at the Amarillo International Airport Police. Sgt. Shayne Mays accepted a deputy sheriff position with Randall County. Three positions were filled during 2013. We were extremely fortunate to recruit new police officers from Dalhart, Borger, and Pantex. The goal of recruitment, retention, and training is to maintain a professionally trained police force. As always, I encourage the City of Canyon to continue to search for new measures to promote officer recruitment and retention. The loss in law enforcement experience and training is costly to our citizen’s public safety. Law Enforcement Management Institute of Texas: In 1987, the Law Enforcement Management Institute of Texas (LEMIT) was created by the 69th Texas Legislature to educate and train police managers and supervisors, at no cost to the agency. Chief Dale Davis is a graduate of the Leadership Command College at the LEMIT. Lt. Ray Resendez graduated from the Command College in 2010. This level of management training greatly enhances supervisory and leadership skills. Attendance by qualified Texas Peace Officers is fully underwritten through the imposition of surcharges on criminal court costs. All costs are borne by LEMIT, including transportation, lodging, and meals. In 2013, the agency didn’t send anyone to the training. In 2013, Sgt. Matthew Coggins was officially accepted to attend LEMIT. He is currently awaiting an opening in Module I. Agency Recognition: In 2006-2007, the Texas Police Chief’s Association developed the Texas Law Enforcement Agency Recognition Program, establishing best practices necessary to address the most critical tasks performed by Texas Law Enforcement. The best practices were developed by law enforcement professionals to promote sound policies and procedures, based upon professional standards or best practices, and to ensure the professional integrity of a law enforcement entity. The Texas Law Enforcement Agency Recognition Program is a voluntary process where police agencies prove their compliance with over 170 professional standards or best practices. The Canyon Police Department maintains compliance with applicable standards each day. Crime: The City of Canyon continues to enjoy a relatively low crime rate. In 2013 crime showed a rise of 10%. Part I index crimes increased from 120 in 2012 to 132 in 2013. This is the first crime increase in Canyon over the last 10 years. The goal of the agency is to maintain a low crime rate. An acceptable level of Part I index crime for Canyon should range between 150 and 200. 8 Traffic Collisions: In 2013 traffic enforcement decreased by 15%. Traffic collisions decreased 17%. Auto crashes decreased from 221 in 2012 to 184 in 2013. The goal is a see a steady decrease in traffic collision for 2014. As Police Chief, I believe that the majority of police officers want to do a good job. They just need sound policy to guide their actions, training, and good supervision. We have established reasonable and obtainable goals and objectives. I expect every employee to work collectively toward their achievement. Chief of Police 9 Community Policing COMMUNITY POLICING is a law enforcement philosophy that promotes and supports community-policing partnerships. The ultimate aim of community policing is to bring the police and citizens together in a close working relationship to combat crime, while improving the quality of life within the community. Community policing relies upon establishing community partnerships and promoting active community involvement. Citizens can actively participate with the police in a variety of ways, while the police become more responsive to citizen’s needs and concerns. COMMUNITY POLICING has been adopted by the Canyon Police Department, which is committed to providing cost-effective law enforcement services, responsive to our community's needs. The Canyon Police Department recognizes our contributions to the quality of life, in providing a safe community. Under this arrangement, the police continue to provide the personnel, equipment, and expertise while the community provides much needed information, encouragement, and support. COMMUNITY POLICING programs provided by the Canyon Police Department include Bike Patrols, Neighborhood Watch Program, Patrol House Checks, School Resource Officer’s Program, Shop-with-a-Cop, and Project ChildSafe. The ultimate aim of every program is simply to improve the delivery of law enforcement services to the public. “Crime prevention” is the primary focus of each program. Neighborhood Crime Watch Programs Neighborhood Crime Watch was founded in 1972 by the National Sheriff’s Association in response to citizen’s requests for a program to target the increasing burglary rate in the United States. Therefore, Neighborhood Crime Watch Programs are designed to target property crimes, including burglaries, thefts, and vandalisms. The purpose of the Neighborhood Crime Watch Program is to encourage community involvement in the reduction of crime by citizens reporting criminal or suspicious activity, persons, or vehicles in the neighborhood. It is important to note that a crime watch program is just that, a “WATCH” program. It is not intended as a citizen patrol. The benefits of a neighborhood crime watch program include a greater sense of security, well-being, and reduction in crime. Typically, local residents hold neighborhood meetings in their homes, churches, schools, or at the police department. During the meetings, neighbors get acquainted and have the opportunity to discuss issues and concerns within their respective neighborhoods. They receive educational information about crime prevention from the Canyon Police Department. They are encouraged to report suspicious activity, persons, and vehicles to the police. 10 The Neighborhood Crime Watch Program is provided by the Canyon Police Department at no cost to citizens, except for the purchase of their signs. Citizens, who want to organize their neighborhoods into a “crime watch” program, can call SRO Cody Jones at 655-5005 for more information or to schedule a neighborhood watch meeting. Neighborhood Crime Watch Project Child Safe Project Child Safe is a nationwide program to ensure safe and responsible firearm ownership and storage. A major goal is to prevent tragic firearm accidents, while preserving life. As such, Project Child Safe distributes firearm safety kits that include a gun-locking device free to gun owners to encourage safe firearm storage. Since 2003, the Canyon Police Department has participated with other law enforcement agencies across America in distributing about 32 million gun safety kits. Citizens can pickup free gun-locks at the Canyon Police Department. www.projectchildsafe.org Shop-With-A-Cop Annually, the Canyon Police Department participates in the Shop-With-A-Cop program funded by Wal-Mart. The intent of this program is to purchase Christmas gifts for needy children. On Saturday-December 07, 2013 the Canyon Police Department participated in the “Shop with a Cop” program, along with the Canyon Fire Department and the Randall County Sheriff’s Office. This year Wal-Mart provided grants to local government entities to provide Christmas for about 100 children in Canyon / Randall County. Hide, Lock, Take Program In November of 2011 I was presented with a program to combat Motor-vehicle theft and burglary. The program is titled “Hide, Lock, Take” program. It is part of a proactive crime prevention program that was created between the Texas Auto Burglary and Theft Prevention Authority and the complexes in Canyon. The City of Canyon Street Department installed and currently maintains the HLT signs. The signs are multi-colored reminding motorist to: 11  Hide Your Things  Lock Your Car  Take Your Keys The Canyon Police Department has had great success getting merchants to buy into the program and allowing the police department to strategically place signs in parking-lots. These signs are seen throughout the community. Corporal Luke Stout 12 Criminal Investigation A crime is a violation of the law: A crime is defined “as an act or omission forbidden by law, and punishable upon conviction by a fine, imprisonment, or death.” Whereas a “Criminal Investigation” is a lawful search for people, land, and things useful in reconstructing crime. A criminal investigation is an important function of any modern law enforcement agency. Criminal investigators seek the facts associated with a reported crime to determine the truth, what happened, and who is responsible for the crime. The basic goals and objectives of any criminal investigation is to determine if a crime has been committed, identify, arrest and prosecute the offender. Criminal investigations are simply an extension of patrol functions. In a small law enforcement agency, such as the Canyon PD, criminal investigations involve both patrol and detectives, who share the responsibility for the investigation of crimes, recovery of stolen property, identification, apprehension of offenders, preparing police reports and other documentation necessary for the filing of criminal cases, and testifying in criminal trials. The “preliminary investigation”, which is usually performed by patrol officers, is the most critical phase in the criminal investigation. The importance of the patrol officer’s investigative role cannot be overemphasized. While patrol officers generally initiate the preliminary investigation, Detectives pursue long – term criminal investigations or follow-up investigations, where time or expertise is required. The “Detective” is an auxiliary arm of the patrol force. It is the duty of the Detective to identify and arrest criminals who have escaped apprehension by the patrol force, to assist the patrol force in combating crime, and to aid in gathering evidence for prosecution. The key is having competently trained police officers, who are skilled and trained to determine “who dun it”. The majority of the investigator’s time is spent interviewing and interrogating people in order to gather valuable information. The majority of Canyon’s reported crimes are classified as property crimes, such as auto burglaries, thefts, and vandalisms. In 2013 we saw an increase in robbery, theft, and auto theft cases. Detective Jennifer Jones, and Shelby Davis make up our detective division at Canyon Police Department. The detectives were extremely busy with significant case investigations during 2013. I commend them for a job well done. The detectives work well as an investigative team. All are members of The Bridge Children’s Advocacy Center multidisciplinary Team, as well as, the Panhandle Child Fatality Review Team. Every Tuesday morning one or more Detectives participate in a regional meeting hosted at the Randall County Sheriff’s Office to discuss and share information about criminal activity within the Amarillo / Canyon area. Representatives from law enforcement agencies from Potter / Randall Counties, including the Amarillo Police Department, PCSO, RCSO, Texas Rangers, Federal Law Enforcement, etc. attend this criminal intelligence meeting. 13 In 2013, Detectives presented 365 criminal cases to the Randall County District Attorney for criminal prosecution: 258 Felonies and 107 Misdemeanors. Detectives also presented 13 cases to the Randall County Juvenile Probation Department, involving juvenile offenders. The Detectives cleared 66% of their assigned cases. In comparison to the state and national average, this is exceptionally high and speaks to the Investigator’s commitment to solving crimes. In 2014 detectives have set a goal to maintain or show a slight increase in solving assigned cases. Canyon Police Department Detectives Jennifer Jones & Shelby Davis 14 Canyon Police Department Detective Case Report Cases Presented To The District Attorney's Office 365 Total Felony Cases 258 Misdemeanors 107 Total Cases Accepted 292 Cases Refused 75 Cases Referred To Juvenile Probation 13 Total of All Cases Presented 380 Number of Cases Assigned to Detectives 250 Number of Cases Unfounded 11 Number of Cases Suspended/Closed 76 Number of Cases Exceptionally Cleared 24 Number of Cases Cleared By Arrest 130 Number of Cases Active at Year End 24 Number of Field Interview Conducted by Patrol 23 Number of CPS Reports Made 79 Number of Reports made by All Officers 729 Number of Juvenile Reports Made 42 15 Significant Cases or Events 1. Two defendants arrested for the Fred Mosley murder case were convicted or pled to the crime. Mario Campos received life in prison for his involvement in the case. Gerald Dooley pled to 10 years. These convictions brought closure to the surviving family. 2. Apollo Rivera, defendant in the Harold Dean Finch murder case, pled to 20 years in state prison. 3. Three life savings awards were given out to three CPD officers. Officer Anthony Gonzales, Brian Jones, and Michael Parker were awarded for the steps they took to save the life of victims in two different incidents. I commend all three of the officers for their quick actions. 4. Canyon Police were able to seize 655 gross grams of illegal drugs during 2013. 5. One fatality occurred in the City during 2013. Ryan J. Webber, 33 year old male, intentionally crashed his 1996 Chevy pickup into a concrete pillar at the I-27/US 87 interchange. The incident was ruled a suicide. 6. Officer Anthony Gonzales was involved in a major accident on December 7, 2013. A drunk driver ran the red light at the intersection of 4th Avenue and 23rd Street. Officer Gonzales was transported to NWTH and later released. The drunk driver was identified as Cole Gossett, 21 year old Ft. Stockton resident. Mr. Gossett’s blood alcohol level was well over the allowable level. The 2013 Chevy Tahoe driven by Officer Gonzales was totaled in the collision. 7. The Canyon Police Department detectives were successful in the identification and apprehension of individuals responsible for auto thefts and motor vehicle burglaries in the Hunsley Hills area. These individuals played a significant role in the crime increase for the year. 8. Four officers were promoted in 2013. Detective Aaron Savage was promoted to Sergeant. Officers Luke Stout, Carlos Hernandez, and Kody McCarrell were promoted to the rank of Corporal. Congratulation to these officers. 16 Agency Recognition Program TEXAS POLICE CHIEF’S ASSOCIATION developed an “Agency Recognition” program at the state level, designed to meet the needs of law enforcement agencies in the State of Texas. The general philosophy of the TPCA is that all Police Departments in the State of Texas should have the opportunity to become a Recognized Agency. Therefore, the goal of the TPCA is to promote statewide standardized best practices, developed by Texas Law Enforcement Professionals. The Texas Law Enforcement Recognition Program is a voluntary process whereby police agencies prove their compliance with professional standards or best practices accepted by Texas Police Professionals. Being “Recognized” means that the law enforcement agency meets or exceeds all of the professional standards or best practices for Texas Law Enforcement, including best practices governing the- use of force, deadly force, and police pursuits. On February 20, 2008 and November 09, 2011, the Canyon Police Department was awarded “Recognized” and “Re-recognized” status by the Texas Police Chief’s Association. As Chief of Police for the City of Canyon I realize the vital importance of the Recognition program to a law enforcement agency. It is my intent to build upon the program to assure that the citizens of Canyon have a professional police department guided by a tested set of professional standards. I am a true advocate of the Recognition program. Being “Recognized” means that the Canyon Police Department meets or exceeds all of the applicable professional standards or best practices for Texas Law Enforcement. This prestigious award is good for four years. During the four year period, the Program Manager must submit annual reports, verifying continued compliance with applicable standards. What are the benefits of being recognized? There are a number of benefits to becoming a “Recognized” police agency. The Agency Recognition Program ensures that a Police Department has addressed the most critical of law enforcement issues in both policy and actual operations, supported by training and supervision. The Agency Recognition Program assures the citizens that their Police Department is operating in a manner that reflects professional standards or best practices in compliance with Texas law. Costs are based upon the size of the agency. Annually, Canyon will spend approximately $400 to participate in this law enforcement program. In addition, law enforcement agencies must agree to pay for actual costs for the on-site assessment, such as travel, meals, and lodging. These costs only incur every four years. This Police Administration has always worked to maintain a professionally trained and highly disciple police force, committed to providing the essential law enforcement services to Canyon Citizens. Being “recognized” by the Texas Police Chief’s Association is just one example of that commitment. 17 Canyon Police Department Partial Exemption Racial Profiling Reporting Tier 1 January 2013-December 2013 Number of motor vehicle stops: 1. 1857 Citation Only 2. 2 Arrest Only 3. 65 Both 4. 1924 Total Race or Ethnicity: 5. 106 African 6. 12 Asian 7. 1478 Caucasian 8. 315 Hispanic 9. 11 Middle Eastern 10. 2 Native American 11. 1924 Total Race or Ethnicity known prior to stop? 12. 71 Yes 13. 1853 No 14. 1924 Total Search Conducted? 15. 111 Yes 16. 1813 No 17. 1924 Total Was Search Consented? 18. 30 Yes 19. 80 No 20. 111 Total Must equal #15 above 18 19 Monthly Calls-For-Service 2013 471 441 396 377 383 374 364 358 341 312 312 298 20 Offense Reports 2004-2013 1200 985 1000 906 852 823 781 800 762 764 738 752 729 600 400 200 0 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 21 Offense Report Monthly 2013 80 75 72 61 61 59 59 57 57 52 49 47 22 City of Canyon Part I Index Crimes 250 2004-2013 206 200 184 194 161 150 148 136 131 126 132 120 100 50 0 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 23 Uniform Crime Report Part 1 – Index Crimes 100 95 90 80 75 70 2012 60 50 2013 40 30 23 20 12 13 11 7 10 6 2 2 3 2 1 0 0 0 0 Murder Rape Robbery Assault Burglary Theft Auto Theft Arson 24 Monthly Traffic Citations Issued 2013 294 283 253 246 228 221 177 141 141 134 125 105 25 Canyon Police Department Auto Crashes Fatality 2013 1 Bodily Injury 27 Property Damage 156 26 City of Canyon Traffic Collisions - 2013 300 250 245 232 200 221 207 196 200 189 186 188 184 150 100 50 0 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 27 Monthly Traffic Collisions 2013 22 21 20 19 16 16 16 14 13 11 8 8 28 DWI Adult/Minor Arrest 2013 146 137 137 113 103 101 83 80 77 71 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 29 Minor in Possession/Consumption of Alcohol by Minor 2004-2013 290 250 252 241 209 136 119 121 125 70 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 30 Canyon Police Department Drug Arrest 2013 69 70 60 50 40 30 16 20 10 0 1 0 Opium, Cocaine Marijuana Synthetic Narcotics Other Non-Narcotics 31 Animal Control Domestic Animals 2013 Dogs Returned, 65 Dogs Impounded, 260 Cats Impounded, 341 Cats Returned, 0 32 Animal Control Wild Animals 2013 Racoons, 15 Skunks, 22 Possums, 53 Misc., 19 Squirrels, 30 33 Animal Control Animal Bites 2013 7 4 0 Dog Bites Cat Bites Declared Vicious 34 Animal Control Enforcement 2013 Citations, 14 Warnings, 135 35 AGENDA To: Mayor and City Commission From: Randy Criswell, City Manager Date: February 3, 2014 Re: Consider and Take Appropriate Action on Resolution No. 02-2014 for Suspension of Effective Date of SPS’s Proposed Rate Increase. ________________________________________________________________________ On January 7, 2014, SPS filed an application to increase base rates by approximately $81.5 million annually, which is an increase of approximately 17.6%. They are allocating that rate increase in multiple customer classes with the largest increase in large municipal service at 26%, followed by large commercial industrial at 18.3%, and then by residential at 18%. They are requesting a return on equity of 10.4%. The residential customer charge will change from about $7.60 a month to $8.50 per month. For the average residential user, the proposed increase will result in a monthly increase of about $13.33 in summer and $12.52 in the winter, which is about 17.4% in the summer and 18.7% in the winter. As is typical, our consultant has not had the opportunity to study this filing closely, therefore it has been recommended by the consultant and by the steering committee, on which I serve, that at this time, we pass Resolution No. 02-2014 to suspend the proposed effective date for this proposed rate increase by 90 days, which would be May 12, 2014. During that 90 day period, we will have the opportunity to further study the request and to begin negotiations with SPS for a settlement hopefully considerably less than 81 million dollars. It is staff and our consultant’s recommendation tonight that we take action by adopting Resolution No. 02-2014 to suspend the effective date for 90 days and to continue the participation in the Alliance of Xcel Municipalities (AXM), and continue to utilize the services of Herrea and Boyle as special counsel to the Steering Committee and AXM. Therefore, Resolution 02-2014 has been prepared for that purpose and it is staff’s recommendation that this Resolution be adopted. City of Canyon RESOLUTION NO. 02-2014 RESOLUTION BY THE CITY OF CANYON, TEXAS (“CITY”) SUSPENDING THE EFFECTIVE DATE FOR NINETY DAYS IN CONNECTION WITH THE RATE INCREASE FILING OF SOUTHWESTERN PUBLIC SERVICE COMPANY MADE ON OR ABOUT JANUARY 7, 2014; AUTHORIZING THE CITY TO JOIN WITH OTHER CITIES IN THE ALLIANCE OF XCEL MUNICIPALITIES (“AXM”) TO DIRECT THE ACTIVITIES OF LAWYERS AND CONSULTANTS; AUTHORIZING THE HIRING OF ATTORNEYS AND CONSULTANTS; REQUIRING REIMBURSEMENT OF REASONABLE LEGAL AND CONSULTANT EXPENSES; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE WHEREAS, Southwestern Public Service Company (“SPS”) filed a Statement of Intent with the City of Canyon, Texas (“City”) to increase its base-rate revenue requirement for its Texas retail service area by approximately $81.5 million and to reconcile its fuel cost for the period July 1, 2012 through June 30, 2013; and WHEREAS, the City is a regulatory authority under the Public Utility Regulatory Act (“PURA”) and under Chapter 33, §33.001 et seq. of PURA has exclusive original jurisdiction over SPS’ rates, operations, and services within the municipality; and WHEREAS, in order to maximize the efficient use of resources and expertise in reviewing, analyzing and investigating SPS’ rate request and its changes in tariffs it is prudent to coordinate the City’s efforts with a coalition of similarly situated municipalities; and WHEREAS, the City, in matters regarding applications by SPS to change rates, has in the past joined with other local regulatory authorities to form the Alliance of Xcel Municipalities (“AXM”) and hereby continues its participation in AXM; and 1 of 4 WHEREAS, the rate request and fuel reconciliation of SPS, which was filed on or about January 7, 2014, consists of a voluminous amount of information including SPS’ rate-filing package, pre-filed direct testimony, exhibits, schedules, and workpapers; and WHEREAS, SPS proposed February 11, 2014 as the effective date for its requested increase in rates, which is the 35th day after the date SPS submitted its application; and WHEREAS, it is not possible for the City to complete its review of SPS’ filing within 35 days; and WHEREAS, the City will need an adequate amount of time to review and evaluate SPS’ rate application to enable the City to adopt a final decision as a local regulatory authority with regard to SPS’ requested rate increase. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION FOR THE CITY OF CANYON, TEXAS THAT: Section 1. The findings set out in the preamble are in all things hereby approved. Section 2. SPS’s proposed effective date of February 11, 2014 for its filing of January 7, 2014, is hereby suspended for an additional ninety (90) days, or at least until May 12, 2014. Section 3. The statutory suspension period will be extended automatically day for day should SPS extend its proposed effective date, and may be further extended if SPS does not provide timely, meaningful, and proper public notice of its request to increase rates, or if its rate-filing package is materially deficient. Section 4. The City continues its participation with other cities in a coalition of cities known as the Alliance of Xcel Municipalities (“AXM”) with the understanding 2 of 4 that the Steering Committee of AXM is to provide direction and guidance to Special Counsel representing said cities. Section 5. The City employs Herrera & Boyle, PLLC as Special Counsel to represent the City with regard to the requested increase in rates by SPS and related proceedings before local and state regulatory authorities and any court of law and authorizes Special Counsel to employ such rate experts as may be necessary for review and evaluation of SPS’ rate application. Section 6. The City, in coordination with the Steering Committee, shall review the invoices of the lawyers and rate experts for reasonableness before submitting the invoices to SPS for reimbursement. Section 7. SPS shall reimburse the City on a monthly basis, through AXM’s coordinating city, the City of Amarillo, Texas, for the reasonable costs of attorneys and consultants and expenses related thereto, upon the presentation of invoices reviewed by the City of Amarillo. Section 8. The City Secretary or other appropriate city official shall notify SPS of this Resolution by sending a copy of the Resolution to Evan Evans, Regional Vice President, Rates and Regulatory Affairs, and Brooke Trammell, Rate Case Manager, Southwestern Public Service Company, P.O. Box 1261 Amarillo, Texas 79105-1261 and also Stephen Fogel and Matthew Loftus, Xcel Energy Services, Inc., 816 Congress Ave., Suite 1650, Austin, Texas 78701-2471; and AXM shall be notified by sending a copy of this resolution to Mr. Marcus Norris, City Attorney, City of Amarillo, Texas by fax to 806-378-3018. Section 9. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. 3 of 4 Section 10. This resolution shall become effective from and after its passage. PASSED AND APPROVED this 3rd day of February 2014. ____________________________________ QUINN ALEXANDER, MAYOR ATTEST: ______________________________ Gretchen Mercer, City Secretary 4 of 4 AGENDA INFORMATION SHEET ITEM NO. ____________________ SUSPENSION OF SOUTHWESTERN PUBLIC SERVICE COMPANY’S PROPOSED EFFECTIVE DATE AS ALLOWED BY STATUTE; AUTHORIZING THE CITY TO JOIN WITH OTHER CITIES IN THE ALLIANCE OF XCEL MUNICIPALITIES (“AXM”) TO DIRECT THE ACTIVITIES OF LAWYERS AND CONSULTANTS; AUTHORIZING THE HIRING OF ATTORNEYS AND CONSULTANTS; AND REQUIRING REIMBURSEMENT OF REASONABLE LEGAL AND CONSULTANT EXPENSES BACKGROUND Base Rate Increase: On or about January 07, 2014, Southwestern Public Service Company (SPS) filed an application to increase its base rates by approximately $81.5 million in annual revenue, which represents an increase in base revenue of about 17.63%. SPS’ application requests an effective date of February 11, 2014 for its proposed increase in rates. Below are some of the key elements of SPS’ rate application: 1. An increase in annual base rates of $81,476,556 million, which SPS proposes to allocate the among the customer classes as follows: Present Base Proposed Base Base Revenue Percentage Revenue Revenue Increase Increase Resid. Service (with and $163,878,104 $193,426,125 $29,548,021 18.03% without space heaters) Sm. Comm. & Indust. $12,945,395 $14,212,036 $1,266,641 9.78% Svc Lg. Comm. & Indust. $261,290,311 $309,076,171 $47,785,860 18.29% Svc Sm. Muni & School Svc $908,267 $970,867 $62,600 6.89% Lg. Muni Svc $6,569,844 $8,307,206 $1,737,362 26.44% Lg. School Svc $8,781,287 $9,515,910 $734,623 8.37% Lighting Service $7,782,711 $8,124,218 $341,447 4.39% TOT. TEXAS RETAIL $462,155,978 $543,632,534 $81,476,556 17.63% 1 of 4 2. A return of 10.4% on its common equity; 3. Residential Customer: a. An increase in the Residential customer charge (Service Availability Charge) from $7.60 to $8.50 per month; b. For a Residential customer using 1000 kWh per month, SPS’ proposed increase would result in a monthly increase of about $13.33 in the Summer, and an increase of $12.52 in the Winter (which equates to about a 17.4% increase in the Summer and 18.7% increase in the Winter, over current rates); these amounts exclude fuel costs and surcharges that recover energy-efficiency costs and transmission-related costs; c. The estimated effect of SPS’ proposed increase on Residential Customer’s total bill, excluding franchise fees and taxes is as shown below: Proposed Increase in Residential Customer's Total Bill (excluding franchise fees and taxes) Amounts Shown Below Include All Charges Except Franchise Fees and Taxes Consumption 1000 1500 2000 2500 3000 3500 Non-Space Heating kWh kWh kWh kWh kWh kWh Summer Increase $13.05 $19.12 $25.19 $31.27 $37.34 $43.41 12% 12% 12% 12% 12% 12% Winter Increase $12.25 $17.92 $23.60 $29.27 $34.94 $40.62 12% 12% 12% 12% 12% 12% Attachment A shows a Residential customer’s bill at varying levels of usage. 4. Small General Service Customer: a. An increase in the Small General Service customer charge (Service Availability Charge) from $11.60 to $12.40 per month; b. For a Small General Service customer using 1000 kWh per month, SPS’ increase would result in a monthly increase of about $7.57 in the Summer, and an increase of $4.88 in the Winter (which equates to about a 12% increase in the Summer and 8.9% increase in the Winter, over current rates); these amounts exclude fuel costs and surcharges that recover energy-efficiency costs and transmission-related costs; 2 of 4 5. SPS seeks approval of revisions to its depreciation rates for steam production plant and distribution plant and to recognize changes to its net salvage value for steam production plant; 6. SPS seeks to maintain the status quo for recovery of municipal franchise fees, which means that approximately 2% to 3% of gross revenues (including miscellaneous revenues) are recovered through base rates, and the remaining amounts are recovered through direct charges to customers in the applicable municipal jurisdictions; 7. SPS seeks approval of its proposed allocation of generation investment related to the ramp-down of its sales of power to the Golden Spread Electric Cooperative, Inc. and approval of the credit related to changes in SPS’ fuel costs; 8. SPS seeks approval of the refund related to the gain on the sale of part of its distribution system to Lubbock Power & Light; and 9. Because SPS is a wholly-owned subsidiary of Xcel Energy, Inc., SPS’ rate application presents a myriad of issues related to its transactions with its affiliates. Fuel Reconciliation: SPS’ rate filing also includes a request for reconciliation of its fuel expenses for the period July 1, 2012 – June 30, 2013. Under its request to reconcile its fuel expenses, SPS shows an over-recovery of fuel costs in the amount of about $20.9 million, including interest. The over-recovery would be returned to ratepayers through SPS’ fuel factor and is not part of SPS’ base rates. City Action Required By February 11, 2014: The City must take action no later than SPS’ proposed effective date of February 11, 2014. Based on SPS’ propsoed effective date as filed, if the City does not take action by February 11, 2014, SPS’ proposed increase in rates as filed will be deemed approved by operation of law. RATE CASE EXPENSES: The Alliance of Xcel Municipalities’ (AXM) reasonable rate case expenses are subject to reimbursement by the Company. RECOMMENDATION: SUSPEND PROPOSED EFFECTIVE DATE FOR 90 DAYS SPS’ rate-filing package presents a complex set of ratemaking issues. Moreover, given the volume of data presented in SPS’ application, the AXM’s lawyers and consultants 3 of 4 cannot reasonably conclude their review and analysis of SPS’ filing by February 11, 2014. Therefore, the steering committee for the AXM and AXM’s Special Counsel recommend that the Council/Commission suspend SPS’ proposed effective date for its rate increase by 90 days (i.e., until May 12, 2014). Should SPS make any revisions to its proposed effective date of February 11, 2014, the 90-day suspension period would extend accordingly to correspond to the revised effective date. 4 of 4

Agenda

AGENDA NOTICE OF MEETING Notice is hereby given that the governing body of the City of Canyon will meet at 5:30 p.m. on the 3rd day of February, 2014, in the Commission Chambers of City Hall at 301 16th Street in the City of Canyon to discuss the following agenda items: 1. Call to Order. 2. Invocation. 3. Approval of the Minutes of the Meeting of January 13, 2013. 4. Public Forum – Comments from Interested Citizens. 5. Update from City Staff (4th Avenue Paving Project, Rockwell Road Well Field Project, Hunsley Road Striping, and TMRS Analysis). 6. Consider and Take Appropriate Action on Proposed Municipal Court Security Fee. 7. Presentation of 2013 Annual Code Enforcement Report. 8. Consider and Take Appropriate Action on Annual Police Report and 2012 Racial Profiling Report from Chief of Police Dale Davis. 9. Consider and Take Appropriate Action on Resolution No. 02-2014 Suspending Effective Date of Southwestern Public Service Proposed Rate Increase. 10. Executive Session Pursuant to Texas Government Code §551.074 Personnel (Assistant City Manager), §551.071, for Consultation With Attorney Pertaining to Pending or Contemplated Litigation, and §551.072 Real Property. 11. Consider and Take Appropriate Action on Items Discussed in Executive Session. 12. Adjournment. Randy Criswell, City Manager I certify that the above Notice of Meeting was posted on the bulletin board of the Civic Complex of the City of Canyon, Texas on the 31st day of January, 2014. Gretchen Mercer, City Clerk City of Canyon City Commission Meeting January 13, 2014 The City Commission of the City of Canyon met in regular session at 5:30 p.m. in the City Commission Chambers of the Civic Complex. Mayor Quinn Alexander presided over the meeting with the following Commissioners in attendance: Mayor Pro-Tem Jed Welch, Gary Hinders and Jon Behrens. Commissioner David Logan was unable to attend. Also present were the following City Staff: City Manager Randy Criswell, Assistant City Manager Chris Sharp, City Secretary Gretchen Mercer, Code Enforcement Director Danny Cornelius, Parks and Recreation Director Brian Noel, Public Works Director Dan Reese, Librarian Noreen Taylor and City Attorney Chuck Hester. Item 1. Call to Order. Mayor Alexander called the meeting to order at 5:31 p.m. Item 2. Invocation. Commissioner Behrens gave the invocation. Item 3. Approval of Minutes of the Meeting of December 9, 2013. Commissioner Hinders moved, duly seconded by Mayor Pro-Tem Welch to approve the minutes of December 9, 2013. Motion carried unanimously. Item 4. Public Forum – Comments from Interested Citizens. No Comment was made. Item 5. Consider and Take Appropriate Action on Acceptance of Gift of $12,000 from Canyon Noon Lions Club, and Proclamation of Gratitude for Same. Canyon Noon Lions Club presented the City of Canyon with a check in the amount of $12,500 to assist in the cost of the construction of the playground equipment located in the Kent Johnson Memorial Baseball Complex. Mayor Alexander presented a proclamation honoring the Canyon Noon Lions Club and thanking them for the generous gift. Item 6. Update from City Staff. (4th Avenue Paving Project, Purchase of CISD and HAS Properties Completed, Lighting on Entryway Project, Rockwell Road Well Field Project, New Secondary Transmission Line Project, Canyon Trails at Buffalo Hill Open, Relocation of Chip Site, Update on KJMBC). City Manager Randy Criswell gave brief updates on the following: Mr. Criswell stated Phase 2 of the 4th Ave Paving Project had begun and visible progress should be seen as long as we have good weather. If the weather turns bad, then the work will be affected. City Commission Meeting January 13, 2014 Page 2 of 4 Mr. Criswell said purchase of the CISD property and the HAS property is complete and the City of Canyon now owns both properties. Mr. Criswell stated he had met with Kevin Luetkahans of Xcel Energy about the overhead lines. Mr. Luetkahans said while it was complicated, he felt it could be cleaned up and some lines could be removed but there would be significant costs involved in eliminating all overhead utilities. Mr. Criswell said he would need to do more investigation into this matter. Mr. Criswell said the Entryway Project has three lights working on the west side and one on the east side. Mr. Criswell said Brian believes there is probably a conduit issue, but hopefully will be an easy fix and everything completed soon. Mr. Criswell stated everything at the well field is done for the Rockwell Road Project and everything else about half way finished. Mr. Criswell said SPS had been paid which generally means they are about ready to start all the electrical. Mr. Criswell reported the New Secondary Transmission Line layout had been completed, and staff was working with the landowners on acquisition of easements. Mr. Criswell said it is recommended that we move quickly since contractors are looking for work at this time. Mr. Criswell reported that Canyon Trails at Buffalo Hill is open for business. Mr. Criswell said an Interlocal agreement with WTAMU for parking had been developed and was on the agenda tonight for approval. Mr. Criswell said the trail had a total of 5.5 miles for biking or jogging/walking. Mr. Criswell announced effective the end of January 2014, the chip site currently located at the Santa Fe Depot will be moved to the City of Canyon’s land next to the landfill. Mr. Criswell said the current location has become too small and difficult to manage and the new site would be easier to access. Mr. Criswell said the depot area will be utilized for the storage of city equipment. Mr. Criswell stated this would limit the hours of operation of the new chip site to the same hours as the landfill. Mr. Criswell staid the Kent Johnson Memorial Baseball Complex staircase issue had been resolved and a punch list/warranty list had been sent to the contractors. Mr. Criswell said once everything is complete, the city will have a grand opening / dedication ceremony. Randy also informed the Commission that Parks and Recreation Director Brian Noel had come up with a great resolution for the requirement of having to have a place for a wheel chair and a companion seat. Mr. Noel was actively purchasing seats from major league baseball stadiums from across America such as Texas Rangers, New York Yankees, Boston Red Sox, St. Louis Cardinals, and Detroit Tigers. Mr. Criswell said these seats would be bolted and welded to the ground with security cameras on them. Mr. Criswell stated he felt this would make the complex very unique and appealing to kids and fans. Item 7. Consider and Take Appropriate Action on Resolution No. 01-2014 for Trails Grant Submission. Parks and Recreation Director Brian Noel presented Resolution No. 01-2014 for consideration. Mr. Noel stated he was applying for the same grant that had been applied for in January 2012, City Commission Meeting January 13, 2014 Page 3 of 4 but was not funded. Mr. Noel said he had been working with James Lwuchukwu from the PRPC to resubmit the grant application with some cost adjustments for 2014. Mr. Noel said the city’s match would be In-Kind only. Mr. Lwuchukwu gave an overview of the grant stating $73,168.58 was being applied for in grant funds for the construction of trails at Southeast Park, Conner Park and Brown Road Recreation Complex. After discussion, Mayor Pro-Tem Welch moved, duly seconded by Commissioner Hinders to adopt Resolution No. 01-2014 as presented. Motion carried unanimously. RESOLUTION NO. 01-2014 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS, AUTHORIZING THE SUBMISSION OF A RECREATIONAL TRAILS PROGRAM APPLICATION TO TEXAS PARKS AND WILDLIFE DEPARTMENT RECREATION GRANTS BRANCH FOR THE RECREATIONAL TRAILS PROGRAM; AND AUTHORIZING THE CITY MANAGER TO ACT AS THE CITY'S EXECUTIVE OFFICER AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY'S PARTICIPATION IN THE RECREATIONAL TRAILS PROGRAM. Item 8. Consider and Take Appropriate Action on WTAMU Interlocal Agreement for Parking at Canyon Trails at Buffalo Hill. Parks and Recreation Director Brian Noel presented an Interlocal Agreement for Parking at Canyon Trails at Buffalo Hill. Mr. Noel said due to the entire property owned by the City of Canyon being used for the trails, WTAMU agreed to allow parking for people using the trails on their property adjacent to the trail entrance. WTAMU prepared an Interlocal agreement. Mayor Alexander asked if there were any time limits to which Mr. Noel said no. Mr. Noel said there was a good caliche base and if any improvements were needed, the agreement allowed for the city to make them with an ok from WT. After discussion, Commissioner Behrens moved, duly seconded by Mayor Pro-Tem Welch to approve the Interlocal agreement with WTAMU allowing parking on WT property adjacent to the Canyon Buffalo Trails at Buffalo Hill. Motion carried unanimously. Item 9. Consider and Take Appropriate Action on Quarterly Finance Report by Finance Director Chris Sharp. Assistant City Manager Chris Sharp presented the Quarterly Finance Report. After brief discussion, Mayor Pro-Tem Welch moved, duly seconded by Commissioner Hinders to approve the Quarterly Finance Report as presented. Motion carried unanimously. Item 10. Executive Session Pursuant to Texas Government Code §551.072 Real Property, and §551.074 Personnel: Appointments to Boards and Commissions (Canyon Area Library, Canyon Housing Authority, 911 Board of Directors), §551.074 Personnel: (Possible Creation of New Administrative Position) and §551.071, for Consultation With Attorney Pertaining to Pending or Contemplated Litigation. Mayor Alexander indicated the Commission would adjourn into executive session at 6:18 p.m. City Commission Meeting January 13, 2014 Page 4 of 4 Item 11. Consider and Take Appropriate Action on Items Discussed in Executive Session. Upon returning from executive session at 7:43 pm, the following action was taken. Commissioner Hinders moved, duly seconded by Mayor Alexander to appoint Police Chief Dale Davis to the expiring term of Jamie Allen on the 911 Board of Directors. Motion carried unanimously. Mayor Pro-Tem Welch moved, duly seconded Commissioner Hinders to appoint Nola Hopkins and Melissa Wright to fill the expired places of Jan Charles and Danna West and reappoint Anita Adair to the Canyon Area Library Board. Motion carried unanimously. Commission Behrens moved, duly seconded by Commissioner Logan to appoint Connie Hopson to fill the expiring place of Steve Woodard on the Canyon Housing Authority. Motion carried unanimously. Item 12. Adjournment There being no further business, Mayor Pro-Tem Welch moved this meeting be adjourned. __________________________ Quinn Alexander, Mayor ATTEST: ________________________________ Gretchen Mercer, City Secretary AGENDA To: Mayor and City Commission From: Randy Criswell, City Manager Date: February 3, 2014 Re: Consider and Take Appropriate Action on Request from Municipal Court Judge Bob Splawn to implement Canyon Municipal Court Security Fee and Fund. ________________________________________________________________________ Following my memo is a memo from Municipal Court Judge Bob Splawn making me aware of a Section of the Texas Code of Criminal Procedures that allows for the collection of a $3 security fee for defendants convicted of misdemeanor offenses. Currently we do not collect this fee. You can read the Judge’s memo and see the fee is to be specifically utilized for a security fund and only for items that would be of a security type nature with regard to Municipal Court. There is some explanation in Judge Spawn’s memo with regard to court costs and how much goes to the state and how much is retained by the city, as well as a recommendation from the Judge as to what he would do with that money if you chose to adopt the appropriate Ordinance to collect that security fee. Please take a look at the Judge’s memo and we can discuss it Monday night. It is my intent that nothing be adopted Monday night but that if the Commission is in support of the request, you authorize staff to develop the appropriate Ordinance and have it presented to you for adoption at the earliest possibility. From my standpoint as the City Manager, I think this is a reasonable fee and not excessive. As you can see from the Judge’s memo, most of the money that is collected goes to the state anyway and if we can do some things to make our court more secure, help our Judge feel more protected, and enhance our court, then I feel $3 per defendant is a pretty small price to pay. It is Staff’s recommendation to proceed with this if that is the desire of the Commission. The Judge will be present Monday night to answer any questions. City of Canyon memo Canyon Municipal Court To: Randy Criswell From: Bob Splawn CC: Date: 1/20/2014 Re: Canyon Municipal Court Security Fee and Fund Comments: Article 102.017 (b) of the Texas Code of Criminal Procedures allows the governing body of a municipality to adopt an ordinance that creates a municipal court building security fund and authorizes the municipal court to collect a $3 security fee for defendants convicted of misdemeanor offenses. Currently, the Municipal Court of Canyon is not authorized to collect this fee. The security fund may be used for security personnel, services and items related to buildings that house the operations of the municipal court. Examples of allowable expenditures include, but are not limited to: X-ray machines, handheld metal detectors, walkthrough metal detectors, identification card systems, electronic locking and surveillance equipment, alarms and security personnel. I estimate that the security fee would conservatively generate $2,500 per year based upon the number of misdemeanor cases processed by the court each year. The funds do not have to be expended in the fiscal year in which they are collected. Currently, court costs for misdemeanor offenses are $64. $54 of the $64 goes to the State of Texas and is established by law. The remaining $9 is retained by the City of Canyon. So, to state the obvious, total court cost would rise to $67 with $12 being retained by the City of Canyon. As a point of comparison, court costs for traffic violations range from $93 to $120 depending on the offense. Most traffic violations carry court costs of $97. $84.50 of the $97 goes to the State of Texas with the City of Canyon retaining $12.50. The security fee would not be applied to traffic violations, only to misdemeanor offenses. Even with the increase of $3, misdemeanor court costs are still below what defendants have to pay for traffic violations. Initially, I would like to see the funds used to install cameras in the commission chambers (courtroom) st and the 1 floor conference room outside of the police department. I use these rooms to conduct the business of the court. I often meet with defendants in a one-to-one situation. Cameras in these rooms would not only enhance the physical security of the court and courtroom personnel, it would also help prevent any accusations of misconduct that a defendant might make in these one-to-one situations. As additional funds became available, it would be good to install cameras at the front door of city hall and the court clerk’s window. As a side note, had cameras been in place at the front door, the recent vandalism of city hall might have been prevented; and if not prevented, the cameras could have aided the police in their investigation of the incident. memo I have been trained in the process of auditing the security strengths and weaknesses of public buildings. There are other areas where the security of the municipal building could be enhanced. For example, the door that allows access to the roof should be equipped with an alarm that will alert someone in the building that the door has been opened. After immediate security concerns have been addressed, a longer range plan should be developed to address security issues. I am requesting that you ask the City Commission to consider adopting an ordinance that establishes a municipal court security fund and authorize the assessment of the $3 security fee. AGENDA To: Mayor and City Commission From: Danny Cornelius, Director of Code Enforcement Date: January 28, 2014 Re: Consider and Take Appropriate Action on 2013 Annual Code Enforcement Report. A summary of the Code Enforcement Department activity for the 2013 calendar year is attached. Also attached is a 5 year comparison of construction activity. New single-family home construction continues to increase, with 8 more homes being constructed than in 2012. Total valuation of new home construction was up $2,111,727. There is no action required on this item. City of Canyon 5 YEAR COMPARISON CHART # S-F # 2-F + M-F # OTHER RESIDENTIAL # NEW COMMERCIAL # COMM ADDS/REMODS YEAR PERMITS VALUATION PERMITS VALUATION PERMITS VALUATION PERMITS VALUATION PERMITS VALUATION 2013 61 13,688,428.00 8 2,137,000.00 51 1,676,246.00 4 487,751.00 2 14,000.00 2012 53 11,576,701.00 4 1,032,762.00 40 725,325.00 4 1,449,447.00 16 882,907.00 2011 45 9,077,171.00 2 366,000.00 44 962,565.00 10 1,871,883.00 13 4,470,443.00 2010 57 11,010,802.00 5 991,450.00 61 1,258,540.00 16 1,370,000.00 21 1,493,822.00 2009 36 5,971,900.00 2 606,152.00 59 1,167,500.00 17 7,593,708.00 17 6,210,809.00 2013 SINGLE FAMILY RESIDENTIAL CONSTRUCTION DATE ADDRESS VALUATION FINALED CONTRACTOR 1/7/2013 2413 17TH AVE 172,000 06/18/13 GPD 1/7/2013 2415 17TH AVE 172,000 06/18/13 GPD 1/7/2013 2417 17TH AVE 172,000 06/18/13 GPD 1/7/2013 2419 17TH AVE 172,000 06/21/13 GPD 1/7/2013 2421 17TH AVE 172,000 06/21/13 GPD 1/9/2013 15 SANDRA LN 239,000 07/11/13 RAFTER-CROSS 1/22/2013 5 WILLIAM LN 199,000 06/04/13 N&B 1/22/2013 15 WILLIAM LN 199,000 05/09/13 N&B 2/8/2013 9 WILLIAM LN 190,500 05/09/13 N&B 2/8/2013 46 NEELY LN 202,000 NO ACCESS 2/11/2013 2624 17TH AVE 187,500 NO PACK 2/11/2013 2622 17TH AVE 175,000 10/16/13 PACK 2/13/2013 6 NEELY LN 196,000 09/05/13 TIEMANN 2/14/2013 50 NEELY LN 249,000 11/05/13 SOUTHLAND 2/14/2013 31 NEELY LN 214,000 11/05/13 SOUTHLAND 2/21/2013 25 LINDSEY LN 270,000 10/15/13 LYONS 2/21/2013 13 WILLIAM LN 275,000 07/17/13 ACCESS 2/22/2013 7 WILLIAM LN 214,000 10/18/13 RODNEY MILLER 2/28/2013 14 WILLIAM LN 235,000 10/23/13 BURCH 3/7/2013 35 NEELY LN 255,000 07/05/13 SOUTHLAND 3/12/2013 29 LINDSEY LN 205,500 09/24/13 LYONS 3/12/2013 11 WILLIAM LN 197,000 10/24/13 PRO ARC 3/14/2013 45 NEELY LN 211,000 09/13/13 RAFTER-CROSS 3/18/2013 33 QUAY LN 265,000 08/20/13 ARNETT 4/8/2013 13 SANDRA LN 213,000 08/12/13 SOUTHLAND 4/8/2013 18 SANDRA LN 288,500 08/08/13 ARNETT 4/8/2013 8 WILLIAM LN 226,300 NO SOUTHLAND 4/8/2013 16 WILLIAM LN 281,000 10/25/13 SOUTHLAND 4/8/2013 42 NEELY LN 208,538 10/23/13 PRO ARC 4/8/2013 53 NEELY LN 318,200 09/24/13 BLUEHAVEN 4/8/2013 47 NEELY LN 244,500 NO SOUTHLAND 4/18/2013 51 NEELY LN 209,000 NO BLUEHAVEN 4/18/2013 49 NEELY LN 251,000 NO BLUEHAVEN 4/26/2013 37 GRIFFIN DR 257,000 NO LYONS 5/1/2013 29 JYNTEEWOOD CIR 300,000 NO SUNNA CORP 5/1/2013 9 SANDRA LN 253,000 NO RAFTER-CROSS 5/7/2013 1 WILLIAM LN 225,000 09/06/13 SOUTHLAND 5/14/2013 21 GRIFFIN DR 295,000 NO LYONS 5/14/2013 9 MACY LN 209,000 11/27/13 ARNETT 5/17/2013 31 QUAY LN 214,000 09/18/13 ARNETT 5/17/2013 11 SANDRA LN 252,000 11/14/13 AMARILLO IMAGE 5/30/2013 3 WILLIAM LN 314,000 10/10/13 SOUTHLAND 6/26/2013 22 NEELY LN 191,000 11/05/13 N&B 6/27/2013 10 WILLIAM LN 223,000 NO AMARILLO IMAGE 6/27/2013 23 NEELY LN 218,000 12/17/13 MANCHA 7/1/2013 4 WILLIAM LN 199,000 11/27/13 N&B 7/15/2013 2420 16TH AVE 218,000 11/15/13 PACK 7/30/2013 46 GRIFFIN DR 235,000 NO LYONS 8/20/2013 10 SANDRA LN 217,000 NO LLANO 8/20/2013 7 SANDRA LN 193,000 NO OVERHEAD 8/20/2013 19 NEELY LN 195,000 NO LLANO 9/3/2013 17 SANDRA LN 230,000 NO STEVE SIMS 9/17/2013 49 NEELY LN 213,000 NO SOUTHLAND 9/17/2013 17WILLIAM LN 252,890 NO SOUTHLAND 10/1/2013 12 SANDRA LN 211,000 NO TIEMANN 9/26/2013 501 4TH AVE 138,000 NO LYONS 9/26/2013 5206 4TH AVE 180,000 NO DACO 10/7/2013 20 NEELY LN 187,000 NO N&B 10/10/2013 9 STONEWAY CT 361,000 NO LYONS 10/22/2013 10 MACY LN 214,000 NO ARNETT 11/6/2013 29 QUAY LN 215,000 NO ARNETT 61 TOTAL 13,688,428.00 61 TOTAL PROPERTIES 2013 MOBILE HOMES 9/4/2013 1406 8TH ST #80 2,330.00 10/25/13 SILVA 11/15/2013 1406 8TH ST #61 21,000.00 NO TAYLOR 2 TOTAL 23,330.00 2 TOTAL PROPERTIES 2013 NEW DUPLEX CONSTRUCTION 9/26/2013 307 5TH ST 142,000.00 NO LYONS 1 TOTAL 142,000.00 1 TOTAL PROPERTY 2013 MULTI FAMILY CONSTRUCTION 7/1/2013 1908 N 2ND AVE 285,000.00 NO COMER 7/1/2013 1910 N 2ND AVE 285,000.00 NO COMER 7/1/2013 2000 N 2ND AVE 285,000.00 12/4/2013 COMER 7/1/2013 2002 N 2ND AVE 285,000.00 12/4/2013 COMER 7/1/2013 2004 N 2ND AVE 285,000.00 12/6/2013 COMER 9/12/2013 1906 N 2ND AVE 285,000.00 NO COMER 11/6/2013 1904 N 2ND AVE 285,000.00 NO COMER 7 TOTAL 1,995,000.00 7 TOTAL PROPERTIES OTHER RESIDENTIAL CONSTRUCTION 2013 RES. REMODELS 28 990,597.00 RES. ADDITIONS 10 331,000.00 RES. ACCESS. BUILDINGS 9 283,299.00 RES. GARAGE/CAR PORT 2 30,850.00 RES. POOLS 1 32,000.00 RES. OTHER OUTDOOR PATIO 1 8,500.00 51 TOTAL 1,676,246.00 RESIDENTIAL DEMOLITIONS 2013 DATE ADDRESS DESCRIPTION CONTRACTOR 5/21/2013 610 2ND AVE ANDRADA 6/6/2013 1919 N 2ND AVE #13 MOBILE HOME GRANT 6/6/2013 1919 N 2ND AVE #16 MOBILE HOME GRANT 6/6/2013 1919 N 2ND AVE #18 MOBILE HOME GRANT 6/6/2013 1919 N 2ND AVE #25 MOBILE HOME GRANT 6/6/2013 1919 N 2ND AVE #26 MOBILE HOME GRANT 6/6/2013 1919 N 2ND AVE #27 MOBILE HOME GRANT 6/6/2013 1919 N 2ND AVE #29 MOBILE HOME COMER 8/12/2013 1919 N 2ND AVE #28 MOBILE HOME COMER 8/14/2013 707 14TH ST HOUSE LYONS 9/10/2013 501 4TH AVE HOUSE LYONS 12/2/2013 1002 N 2ND AVE MOBILE HOME SIMMONS 12/10/2013 1306 2ND AVE HOUSE & ACC. BLDG GRANT 13 TOTAL 13 TOTAL PROPERTIES COMMERCIAL NEW CONSTRUCTION 2013 4/24/2013 2808 4TH AVE-B 170,000.00 DENTAL OFFICE GPD 5/20/2013 2808 4TH AVE-A 55,000.00 EDWARD JONES GPD 2/13/2013 203 N 23RD ST 250,000.00 WASH HOUSE CAR WASH KENT MARTIN 5/16/2013 904 2ND AVE - B 12,700.00 STORAGE BUILDING DACO 4 TOTAL 487,700.00 4 TOTAL PROPERTIES COMMERCIAL ADDITIONS & REMODELS 2013 3/27/2013 1620 4TH AVE 10,000.00 BAPTIST MINISTRY CENTER KITCHEN RICHARDSON 6/25/2013 1607 4TH AVE 4,000.00 CUSTOM THREADS REMODEL CLAY COOPER 2 TOTAL 14,000.00 2 TOTAL PROPERTIES COMMERCIAL DEMOLITIONS 2013 6/11/2013 1908 N 2ND AVE METAL BUILDING GRANT 7/19/2013 1615 4TH AVE AWNING CJB CONSTRUCTION 2 TOTAL 2 TOTAL PROPERTIES 2013 YEAR END TOTALS NUMBER VALUATION BUILDING PERMITS 157 19,003,934.00 ROOFING PERMITS 75 558,053.00 SIGN PERMITS 63 69,033.00 PLUMBING PERMITS 356 0.00 ELECTRICAL PERMITS 116 0.00 HEATING & AIR 161 0.00 WATER WELL PERMITS 2 0.00 FIRE CODE PERMITS 26 0.00 TOTAL 956 19,631,020.00 PERMIT FEES 956 77,560.00 REINSPECTION FEES 332 7,650.00 LICENSE FEES 246 7,505.00 TOTAL 1534 92,715.00 VIOLATIONS WEEDS 567 MOWED 40 LIENS 18 ACCUMULATIONS 21 OTHER 8 SIGN 27 TOTAL 623 INSPECTOR TOTALS ACTIVE CLOSED VOIDED SUSPENDED TOTAL ROB STANDLEY 24 2299 2323 DANNY CORNELIUS 8 630 638 STAN BARNARD 81 81 VINCE WHITFILL 28 28 OTHER RESIDENTIAL CONSTRUCTION 2013 RES. REMODELS 28 990,597.00 RES. ADDITIONS 10 331,000.00 RES. ACCESS. BUILDINGS 9 283,299.00 RES. GARAGES & CAR PORTS 2 30,850.00 RES. POOL 1 32,000.00 RES. OTHER 1 8,500.00 51 1,676,246.00 AGENDA To: Mayor and City Commission From: Dale Davis, Chief of Police Date: January 27, 2014 Re: Consider and Take Appropriate Action on Annual Police Report and 2013 Racial Profiling Report From Chief of Police Dale Davis. I am please to present the 2013 Canyon Police Department Annual Report. The report was provided to each of you for review. The crime rate for Canyon went up 10% for the year. Our Uniform Crime Report Part I indexes crimes, which establishes crime rate and can show a drastic rise or fall by the minimal number of incidents reported each year. There were 132 part I index crimes reported during 2013, compared to 120 for 2012. The number of theft cases increased from 75 in 2012 to 95 in 2013. I am pleased to report that alcohol related arrest cases decreased 19% overall. The aggressive enforcement of alcohol related incidents in 2012 probably had a direct impact on the decrease seen in 2013. The Texas Code of Criminal Procedure requires the agency head or his designate to submit to the governing body of each county or municipality served by the agency an annual racial profiling report. The racial profiling report for the Canyon Police Department is included in the annual report submitted to the commission. No professional analytical opinion has been conducted on the data presented. It is my opinion that no racial profiling has taken place by members of the Canyon Police Department. Respectfully, Dale Davis City of Canyon Annual Report 2013 CANYON POLICE DEPARTMENT FF Table of Contents Letter to Mayor and City Commission _____________________________________ 3 Mission Statement ______________________________________________________ 4 Agency Goals & Objectives a) Training _________________________________________________________ 5 b) Embracing Change ________________________________________________ 5 c) Supervision ______________________________________________________ 6 d) Texas Police Chief’s Association Recognition ___________________________ 6 e) Police Budget ____________________________________________________ 6 Patrol Goals & Objectives ____________________________________________ 7 Detective Goals & Objectives__________________________________________ 7 School Resource Officer ______________________________________________ 7 Evaluation of Goals/Objectives a) Officer Recruitment _______________________________________________ 8 b) Law Enforcement Management Institute of Texas ________________________ 8 c) Agency Recognition _______________________________________________ 8 d) Crime___________________________________________________________ 8 e) Traffic Collisions _________________________________________________ 9 Community Policing a) Neighborhood Crime Watch Program ________________________________ 10 b) Project ChildSafe ________________________________________________ 11 c) Shop-With-A-Cop ________________________________________________ 11 d) Hide, Lock, Take_________________________________________________ 11 Criminal Investigation _________________________________________________ 13 a) Detective Case Report _____________________________________________ 15 Significant Criminal Cases 2013 _________________________________________ 16 Agency Recognition Program ___________________________________________ 17 Racial Profiling _______________________________________________________ 18 Calls For Service a) Annual _________________________________________________________ 19 b) Monthly ________________________________________________________ 20 Offense Reports a) Annual _________________________________________________________ 21 b) Monthly ________________________________________________________ 22 Part 1 Index Crimes a) Year comparison 2004-2013 ________________________________________ 23 b) By Offense _____________________________________________________ 24 Traffic Citations ______________________________________________________ 25 1 Auto Crash a) Property Damage/Bodily Injury _____________________________________ 26 b) Comparison 2002-2011 ____________________________________________ 27 c) Monthly ________________________________________________________ 28 Alcohol Arrest a) DWI/DUI Minor Arrest ____________________________________________ 29 b) Minor in Possession/Minor in Consumption ___________________________ 30 Drug Arrest __________________________________________________________ 31 Animal Control a) Dog/Cat Impounded & Returned ____________________________________ 32 b) Wild Animals ___________________________________________________ 33 c) Animal Bites ____________________________________________________ 34 d) Enforcement ____________________________________________________ 35 2 CANYON POLICE DEPARTMENT CITY OF CANYON, TEXAS 301 16TH Street~Canyon, Texas 79015 Dale Davis (806)655-5005~ Fax (806)655-5007 Chief of Police January 27, 2014 Honorable Mayor Quinn Alexander Canyon City Commissioners City of Canyon, Texas Re: Annual Police Report- 2013 Dear Mayor Alexander and Commissioners: The year 2013, ended with a higher crime rate in comparison to the previous year. Crime increased 10% for 2013. Thefts reports were the most prevalent crimes committed in the city. A higher number of theft cases contributed significantly to the increase in crime. I want to thank each one of you for the financial support to run a professional, highly trained municipal police department. Your support provides us the capability to perform the essential law enforcement services to our community. The Canyon Police Department is committed to maintaining compliance with the Texas Police Chiefs Association best practices to assure we operate professionally, ethically, and with high integrity. Respectfully, Dale Davis Chief of Police 3 Canyon Police Department Mission Statement In cooperation with the community, the Canyon Police Department is dedicated to providing law enforcement services, while promoting the agency’s goal of “Public Safety”. The police mission includes the maintenance of social order within carefully prescribed ethical, constitutional, and legal restrictions. 4 CANYON POLICE DEPARTMENT Agency Goals & Objectives Date: 01/11/2014 The major role of the Canyon Police Department is to provide the essential law enforcement services to the citizens of Canyon, Texas, while promoting our goal of “Public Safety”. This goal, along with supporting objectives, is the guiding principle by which we, the police, serve our community. It is imperative that all officers of the Canyon Police Department pursue this goal and objectives to their successful conclusion. New challenges are faced every day, with each one being unique and different. Meeting those challenges require a highly professional trained and discipline police force. One of the most pressing and challenging duties of the police chief is establishing agency goals and objectives in which all police personnel should be directing their efforts. Clearly defined goals and objectives are essential for the police, if we are to provide effective law enforcement services. I have established the following agency goals and objectives that I believe are consistent with Canyon’s community values and needs. Administrative Goals & Objectives As Police Chief, I want to promote a professionally trained and highly disciple police force, competent to provide the essential law enforcement services to the citizens of Canyon, Texas. I want to promote a learning organization-  Promoting personnel training as a high priority;  Empowering our employees to make decisions & solve problems;  Embracing change- not resisting or fearing change;  Developing effective leaders, supervisor’s, and police managers;  Formulating sound policies, based upon professional standards; and  Establishing and operating within a sound, fiscal budget. Personnel Training: Employee training continues to be a high priority within the Canyon Police Department. In 2013, personnel completed 1629 hours of training, including some state mandated training. In 2014 I want to focus on 1st Line supervision and state mandated training. The state mandated training cycle began September 1, 2013. Embracing Change: Law enforcement must adapt to continuous technological changes. For example: the Mobile Data Terminals have provided our patrol officers with immediate access to information, the ability to issue electronic citations, and to search and retrieve records. The 5 officers have embraced this technological change in policing: increasing our productivity and enhancing our investigative efforts. Supervision: “The two hardest things to handle in life are failure and success.” Supervision plays a vital part in being a successful learning organization. A successful organization must have effective leaders at all level of the organization. First-Line Supervisors are critical to our success. They are responsible to direct the agency resources toward the accomplishment of our goals and objectives; they are responsible to enforce our agency goals and objectives; and they are responsible to develop their subordinates and identify training deficiencies. In 2013 the Canyon Police Department promoted one Sergeant and three Corporals from the patrol force. This addition to the rank structure allowed the agency to focus on liability exposure. The promotions gave four patrol officers an opportunity to earn a ranking position with the agency. Texas Police Chief’s Association Recognition: The agency should work within the set best practices of the Recognition program and assure that compliance with each best practice is maintained. It is our goal for 2014 to continue to work within the Best Practices outlined by the Texas Police Chief’s Association. The Agency Recognition status is scheduled for renewal in 2015. In 2014 the Recognition Program Manager will be extremely busy working toward a successful on-site. Police Budget: As Chief of Police, I have always submitted a reasonable budget to the Canyon City Commission, justifying the operating costs of the Canyon Police Department. In exchange, the City Commission has always provided the financial support needed to fund the Police Department. Currently, the Police Department’s fiscal budget is slightly over $2 million. Police personnel salary and benefits account for 84% of the Police Department’s budget, supporting a staff of twenty-five full time employees and two part-time employees. In regards to the budget, my goal is to operate the Police Department in a fiscally responsible manner, understanding the importance of a tax-supported budget. As a fiscal planner, I budgeted for expenditures for supplies, equipment, contractual services, and training necessary to accomplish our agency’s goals and objectives. My budget goal is to provide adequate funds to operate the Canyon Police Department. My budget objectives are to operate within the adopted budget, to ensure that funds are being spent for authorized purposes, and to prevent wasteful spending. 6 Patrol Goals & Objectives The patrol force, which is the most visible component within the city, remains the primary component of the Police Department. In 2013 patrol officers drove 108036 miles. Patrol responded to 4427 calls-for-service, which resulted in 729 offense/incident reports and 184 auto crash reports. Of the 729 offense/incident reports, the officers arrested 357 individuals. Patrol made 2348 traffic stops resulting in a traffic citation or arrest. In 2013, auto traffic collisions numbered 184 or a 17% decrease from 2012. There was 1 traffic fatality reported for the year 2013. In 2014 the patrol force goal is to increase traffic enforcement in an attempt to decrease or prevent a significant increase the number of traffic accidents. The agency has set a goal to decrease accidents by 5% and increase traffic enforcement by 5%. These numbers are reasonable and can be achieved. Patrol supervisors should identify the contributing factors of most accidents and assign directed patrol to address the violations. Detective Goals & Objectives In 2014 one goal of the Agency is to continue the reporting of recovered property to address reporting criteria for the Uniform Crime Report. The Canyon Police Department did a much better job in 2013 assuring that majority of recovered property was documented. For 2014 the agency needs to continue providing advanced training for the detectives. In 2013 detectives solved 66% of cases assigned for follow-up. In 2014 detectives have set a goal to maintain or show a slight increase solving assigned cases. School Resource Officer In the fall of 1995, the Canyon Police Department implemented the School Resource Officer’s Program in cooperation with the Canyon-ISD to foster safe schools. The primary purpose of the SRO is to prevent crime, to promote school safety, and to enforce the law. Officer Cody Jones, who is serving his 10th year, is assigned as the School Resource Officer at Canyon High School. The SRO is responsible for the following goals and objectives:  To promote the SRO program;  To protect the integrity of the SRO program;  To provide crime prevention programs;  To promote positive interaction between the police, schools, & community; and  To ensure safe schools. The Canyon Police Department assigned Officer Jimmy Hernandez to the Canyon Junior High School in August 2013. He is responsible for periodic security checks at Canyon Intermediate, Crestview Elementary School, and Reeves Hinger Elementary. 7 Evaluation of Goals / Objectives-2013 Officer Recruitment, Retention & Training: The Canyon Police Department had three officers resign in 2013. Officer Tyler Smith resigned to take a job with the Amarillo Fire Marshalls Office. Officer Tyson McBride accepted a job at the Amarillo International Airport Police. Sgt. Shayne Mays accepted a deputy sheriff position with Randall County. Three positions were filled during 2013. We were extremely fortunate to recruit new police officers from Dalhart, Borger, and Pantex. The goal of recruitment, retention, and training is to maintain a professionally trained police force. As always, I encourage the City of Canyon to continue to search for new measures to promote officer recruitment and retention. The loss in law enforcement experience and training is costly to our citizen’s public safety. Law Enforcement Management Institute of Texas: In 1987, the Law Enforcement Management Institute of Texas (LEMIT) was created by the 69th Texas Legislature to educate and train police managers and supervisors, at no cost to the agency. Chief Dale Davis is a graduate of the Leadership Command College at the LEMIT. Lt. Ray Resendez graduated from the Command College in 2010. This level of management training greatly enhances supervisory and leadership skills. Attendance by qualified Texas Peace Officers is fully underwritten through the imposition of surcharges on criminal court costs. All costs are borne by LEMIT, including transportation, lodging, and meals. In 2013, the agency didn’t send anyone to the training. In 2013, Sgt. Matthew Coggins was officially accepted to attend LEMIT. He is currently awaiting an opening in Module I. Agency Recognition: In 2006-2007, the Texas Police Chief’s Association developed the Texas Law Enforcement Agency Recognition Program, establishing best practices necessary to address the most critical tasks performed by Texas Law Enforcement. The best practices were developed by law enforcement professionals to promote sound policies and procedures, based upon professional standards or best practices, and to ensure the professional integrity of a law enforcement entity. The Texas Law Enforcement Agency Recognition Program is a voluntary process where police agencies prove their compliance with over 170 professional standards or best practices. The Canyon Police Department maintains compliance with applicable standards each day. Crime: The City of Canyon continues to enjoy a relatively low crime rate. In 2013 crime showed a rise of 10%. Part I index crimes increased from 120 in 2012 to 132 in 2013. This is the first crime increase in Canyon over the last 10 years. The goal of the agency is to maintain a low crime rate. An acceptable level of Part I index crime for Canyon should range between 150 and 200. 8 Traffic Collisions: In 2013 traffic enforcement decreased by 15%. Traffic collisions decreased 17%. Auto crashes decreased from 221 in 2012 to 184 in 2013. The goal is a see a steady decrease in traffic collision for 2014. As Police Chief, I believe that the majority of police officers want to do a good job. They just need sound policy to guide their actions, training, and good supervision. We have established reasonable and obtainable goals and objectives. I expect every employee to work collectively toward their achievement. Chief of Police 9 Community Policing COMMUNITY POLICING is a law enforcement philosophy that promotes and supports community-policing partnerships. The ultimate aim of community policing is to bring the police and citizens together in a close working relationship to combat crime, while improving the quality of life within the community. Community policing relies upon establishing community partnerships and promoting active community involvement. Citizens can actively participate with the police in a variety of ways, while the police become more responsive to citizen’s needs and concerns. COMMUNITY POLICING has been adopted by the Canyon Police Department, which is committed to providing cost-effective law enforcement services, responsive to our community's needs. The Canyon Police Department recognizes our contributions to the quality of life, in providing a safe community. Under this arrangement, the police continue to provide the personnel, equipment, and expertise while the community provides much needed information, encouragement, and support. COMMUNITY POLICING programs provided by the Canyon Police Department include Bike Patrols, Neighborhood Watch Program, Patrol House Checks, School Resource Officer’s Program, Shop-with-a-Cop, and Project ChildSafe. The ultimate aim of every program is simply to improve the delivery of law enforcement services to the public. “Crime prevention” is the primary focus of each program. Neighborhood Crime Watch Programs Neighborhood Crime Watch was founded in 1972 by the National Sheriff’s Association in response to citizen’s requests for a program to target the increasing burglary rate in the United States. Therefore, Neighborhood Crime Watch Programs are designed to target property crimes, including burglaries, thefts, and vandalisms. The purpose of the Neighborhood Crime Watch Program is to encourage community involvement in the reduction of crime by citizens reporting criminal or suspicious activity, persons, or vehicles in the neighborhood. It is important to note that a crime watch program is just that, a “WATCH” program. It is not intended as a citizen patrol. The benefits of a neighborhood crime watch program include a greater sense of security, well-being, and reduction in crime. Typically, local residents hold neighborhood meetings in their homes, churches, schools, or at the police department. During the meetings, neighbors get acquainted and have the opportunity to discuss issues and concerns within their respective neighborhoods. They receive educational information about crime prevention from the Canyon Police Department. They are encouraged to report suspicious activity, persons, and vehicles to the police. 10 The Neighborhood Crime Watch Program is provided by the Canyon Police Department at no cost to citizens, except for the purchase of their signs. Citizens, who want to organize their neighborhoods into a “crime watch” program, can call SRO Cody Jones at 655-5005 for more information or to schedule a neighborhood watch meeting. Neighborhood Crime Watch Project Child Safe Project Child Safe is a nationwide program to ensure safe and responsible firearm ownership and storage. A major goal is to prevent tragic firearm accidents, while preserving life. As such, Project Child Safe distributes firearm safety kits that include a gun-locking device free to gun owners to encourage safe firearm storage. Since 2003, the Canyon Police Department has participated with other law enforcement agencies across America in distributing about 32 million gun safety kits. Citizens can pickup free gun-locks at the Canyon Police Department. www.projectchildsafe.org Shop-With-A-Cop Annually, the Canyon Police Department participates in the Shop-With-A-Cop program funded by Wal-Mart. The intent of this program is to purchase Christmas gifts for needy children. On Saturday-December 07, 2013 the Canyon Police Department participated in the “Shop with a Cop” program, along with the Canyon Fire Department and the Randall County Sheriff’s Office. This year Wal-Mart provided grants to local government entities to provide Christmas for about 100 children in Canyon / Randall County. Hide, Lock, Take Program In November of 2011 I was presented with a program to combat Motor-vehicle theft and burglary. The program is titled “Hide, Lock, Take” program. It is part of a proactive crime prevention program that was created between the Texas Auto Burglary and Theft Prevention Authority and the complexes in Canyon. The City of Canyon Street Department installed and currently maintains the HLT signs. The signs are multi-colored reminding motorist to: 11  Hide Your Things  Lock Your Car  Take Your Keys The Canyon Police Department has had great success getting merchants to buy into the program and allowing the police department to strategically place signs in parking-lots. These signs are seen throughout the community. Corporal Luke Stout 12 Criminal Investigation A crime is a violation of the law: A crime is defined “as an act or omission forbidden by law, and punishable upon conviction by a fine, imprisonment, or death.” Whereas a “Criminal Investigation” is a lawful search for people, land, and things useful in reconstructing crime. A criminal investigation is an important function of any modern law enforcement agency. Criminal investigators seek the facts associated with a reported crime to determine the truth, what happened, and who is responsible for the crime. The basic goals and objectives of any criminal investigation is to determine if a crime has been committed, identify, arrest and prosecute the offender. Criminal investigations are simply an extension of patrol functions. In a small law enforcement agency, such as the Canyon PD, criminal investigations involve both patrol and detectives, who share the responsibility for the investigation of crimes, recovery of stolen property, identification, apprehension of offenders, preparing police reports and other documentation necessary for the filing of criminal cases, and testifying in criminal trials. The “preliminary investigation”, which is usually performed by patrol officers, is the most critical phase in the criminal investigation. The importance of the patrol officer’s investigative role cannot be overemphasized. While patrol officers generally initiate the preliminary investigation, Detectives pursue long – term criminal investigations or follow-up investigations, where time or expertise is required. The “Detective” is an auxiliary arm of the patrol force. It is the duty of the Detective to identify and arrest criminals who have escaped apprehension by the patrol force, to assist the patrol force in combating crime, and to aid in gathering evidence for prosecution. The key is having competently trained police officers, who are skilled and trained to determine “who dun it”. The majority of the investigator’s time is spent interviewing and interrogating people in order to gather valuable information. The majority of Canyon’s reported crimes are classified as property crimes, such as auto burglaries, thefts, and vandalisms. In 2013 we saw an increase in robbery, theft, and auto theft cases. Detective Jennifer Jones, and Shelby Davis make up our detective division at Canyon Police Department. The detectives were extremely busy with significant case investigations during 2013. I commend them for a job well done. The detectives work well as an investigative team. All are members of The Bridge Children’s Advocacy Center multidisciplinary Team, as well as, the Panhandle Child Fatality Review Team. Every Tuesday morning one or more Detectives participate in a regional meeting hosted at the Randall County Sheriff’s Office to discuss and share information about criminal activity within the Amarillo / Canyon area. Representatives from law enforcement agencies from Potter / Randall Counties, including the Amarillo Police Department, PCSO, RCSO, Texas Rangers, Federal Law Enforcement, etc. attend this criminal intelligence meeting. 13 In 2013, Detectives presented 365 criminal cases to the Randall County District Attorney for criminal prosecution: 258 Felonies and 107 Misdemeanors. Detectives also presented 13 cases to the Randall County Juvenile Probation Department, involving juvenile offenders. The Detectives cleared 66% of their assigned cases. In comparison to the state and national average, this is exceptionally high and speaks to the Investigator’s commitment to solving crimes. In 2014 detectives have set a goal to maintain or show a slight increase in solving assigned cases. Canyon Police Department Detectives Jennifer Jones & Shelby Davis 14 Canyon Police Department Detective Case Report Cases Presented To The District Attorney's Office 365 Total Felony Cases 258 Misdemeanors 107 Total Cases Accepted 292 Cases Refused 75 Cases Referred To Juvenile Probation 13 Total of All Cases Presented 380 Number of Cases Assigned to Detectives 250 Number of Cases Unfounded 11 Number of Cases Suspended/Closed 76 Number of Cases Exceptionally Cleared 24 Number of Cases Cleared By Arrest 130 Number of Cases Active at Year End 24 Number of Field Interview Conducted by Patrol 23 Number of CPS Reports Made 79 Number of Reports made by All Officers 729 Number of Juvenile Reports Made 42 15 Significant Cases or Events 1. Two defendants arrested for the Fred Mosley murder case were convicted or pled to the crime. Mario Campos received life in prison for his involvement in the case. Gerald Dooley pled to 10 years. These convictions brought closure to the surviving family. 2. Apollo Rivera, defendant in the Harold Dean Finch murder case, pled to 20 years in state prison. 3. Three life savings awards were given out to three CPD officers. Officer Anthony Gonzales, Brian Jones, and Michael Parker were awarded for the steps they took to save the life of victims in two different incidents. I commend all three of the officers for their quick actions. 4. Canyon Police were able to seize 655 gross grams of illegal drugs during 2013. 5. One fatality occurred in the City during 2013. Ryan J. Webber, 33 year old male, intentionally crashed his 1996 Chevy pickup into a concrete pillar at the I-27/US 87 interchange. The incident was ruled a suicide. 6. Officer Anthony Gonzales was involved in a major accident on December 7, 2013. A drunk driver ran the red light at the intersection of 4th Avenue and 23rd Street. Officer Gonzales was transported to NWTH and later released. The drunk driver was identified as Cole Gossett, 21 year old Ft. Stockton resident. Mr. Gossett’s blood alcohol level was well over the allowable level. The 2013 Chevy Tahoe driven by Officer Gonzales was totaled in the collision. 7. The Canyon Police Department detectives were successful in the identification and apprehension of individuals responsible for auto thefts and motor vehicle burglaries in the Hunsley Hills area. These individuals played a significant role in the crime increase for the year. 8. Four officers were promoted in 2013. Detective Aaron Savage was promoted to Sergeant. Officers Luke Stout, Carlos Hernandez, and Kody McCarrell were promoted to the rank of Corporal. Congratulation to these officers. 16 Agency Recognition Program TEXAS POLICE CHIEF’S ASSOCIATION developed an “Agency Recognition” program at the state level, designed to meet the needs of law enforcement agencies in the State of Texas. The general philosophy of the TPCA is that all Police Departments in the State of Texas should have the opportunity to become a Recognized Agency. Therefore, the goal of the TPCA is to promote statewide standardized best practices, developed by Texas Law Enforcement Professionals. The Texas Law Enforcement Recognition Program is a voluntary process whereby police agencies prove their compliance with professional standards or best practices accepted by Texas Police Professionals. Being “Recognized” means that the law enforcement agency meets or exceeds all of the professional standards or best practices for Texas Law Enforcement, including best practices governing the- use of force, deadly force, and police pursuits. On February 20, 2008 and November 09, 2011, the Canyon Police Department was awarded “Recognized” and “Re-recognized” status by the Texas Police Chief’s Association. As Chief of Police for the City of Canyon I realize the vital importance of the Recognition program to a law enforcement agency. It is my intent to build upon the program to assure that the citizens of Canyon have a professional police department guided by a tested set of professional standards. I am a true advocate of the Recognition program. Being “Recognized” means that the Canyon Police Department meets or exceeds all of the applicable professional standards or best practices for Texas Law Enforcement. This prestigious award is good for four years. During the four year period, the Program Manager must submit annual reports, verifying continued compliance with applicable standards. What are the benefits of being recognized? There are a number of benefits to becoming a “Recognized” police agency. The Agency Recognition Program ensures that a Police Department has addressed the most critical of law enforcement issues in both policy and actual operations, supported by training and supervision. The Agency Recognition Program assures the citizens that their Police Department is operating in a manner that reflects professional standards or best practices in compliance with Texas law. Costs are based upon the size of the agency. Annually, Canyon will spend approximately $400 to participate in this law enforcement program. In addition, law enforcement agencies must agree to pay for actual costs for the on-site assessment, such as travel, meals, and lodging. These costs only incur every four years. This Police Administration has always worked to maintain a professionally trained and highly disciple police force, committed to providing the essential law enforcement services to Canyon Citizens. Being “recognized” by the Texas Police Chief’s Association is just one example of that commitment. 17 Canyon Police Department Partial Exemption Racial Profiling Reporting Tier 1 January 2013-December 2013 Number of motor vehicle stops: 1. 1857 Citation Only 2. 2 Arrest Only 3. 65 Both 4. 1924 Total Race or Ethnicity: 5. 106 African 6. 12 Asian 7. 1478 Caucasian 8. 315 Hispanic 9. 11 Middle Eastern 10. 2 Native American 11. 1924 Total Race or Ethnicity known prior to stop? 12. 71 Yes 13. 1853 No 14. 1924 Total Search Conducted? 15. 111 Yes 16. 1813 No 17. 1924 Total Was Search Consented? 18. 30 Yes 19. 80 No 20. 111 Total Must equal #15 above 18 19 Monthly Calls-For-Service 2013 471 441 396 377 383 374 364 358 341 312 312 298 20 Offense Reports 2004-2013 1200 985 1000 906 852 823 781 800 762 764 738 752 729 600 400 200 0 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 21 Offense Report Monthly 2013 80 75 72 61 61 59 59 57 57 52 49 47 22 City of Canyon Part I Index Crimes 250 2004-2013 206 200 184 194 161 150 148 136 131 126 132 120 100 50 0 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 23 Uniform Crime Report Part 1 – Index Crimes 100 95 90 80 75 70 2012 60 50 2013 40 30 23 20 12 13 11 7 10 6 2 2 3 2 1 0 0 0 0 Murder Rape Robbery Assault Burglary Theft Auto Theft Arson 24 Monthly Traffic Citations Issued 2013 294 283 253 246 228 221 177 141 141 134 125 105 25 Canyon Police Department Auto Crashes Fatality 2013 1 Bodily Injury 27 Property Damage 156 26 City of Canyon Traffic Collisions - 2013 300 250 245 232 200 221 207 196 200 189 186 188 184 150 100 50 0 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 27 Monthly Traffic Collisions 2013 22 21 20 19 16 16 16 14 13 11 8 8 28 DWI Adult/Minor Arrest 2013 146 137 137 113 103 101 83 80 77 71 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 29 Minor in Possession/Consumption of Alcohol by Minor 2004-2013 290 250 252 241 209 136 119 121 125 70 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 30 Canyon Police Department Drug Arrest 2013 69 70 60 50 40 30 16 20 10 0 1 0 Opium, Cocaine Marijuana Synthetic Narcotics Other Non-Narcotics 31 Animal Control Domestic Animals 2013 Dogs Returned, 65 Dogs Impounded, 260 Cats Impounded, 341 Cats Returned, 0 32 Animal Control Wild Animals 2013 Racoons, 15 Skunks, 22 Possums, 53 Misc., 19 Squirrels, 30 33 Animal Control Animal Bites 2013 7 4 0 Dog Bites Cat Bites Declared Vicious 34 Animal Control Enforcement 2013 Citations, 14 Warnings, 135 35 AGENDA To: Mayor and City Commission From: Randy Criswell, City Manager Date: February 3, 2014 Re: Consider and Take Appropriate Action on Resolution No. 02-2014 for Suspension of Effective Date of SPS’s Proposed Rate Increase. ________________________________________________________________________ On January 7, 2014, SPS filed an application to increase base rates by approximately $81.5 million annually, which is an increase of approximately 17.6%. They are allocating that rate increase in multiple customer classes with the largest increase in large municipal service at 26%, followed by large commercial industrial at 18.3%, and then by residential at 18%. They are requesting a return on equity of 10.4%. The residential customer charge will change from about $7.60 a month to $8.50 per month. For the average residential user, the proposed increase will result in a monthly increase of about $13.33 in summer and $12.52 in the winter, which is about 17.4% in the summer and 18.7% in the winter. As is typical, our consultant has not had the opportunity to study this filing closely, therefore it has been recommended by the consultant and by the steering committee, on which I serve, that at this time, we pass Resolution No. 02-2014 to suspend the proposed effective date for this proposed rate increase by 90 days, which would be May 12, 2014. During that 90 day period, we will have the opportunity to further study the request and to begin negotiations with SPS for a settlement hopefully considerably less than 81 million dollars. It is staff and our consultant’s recommendation tonight that we take action by adopting Resolution No. 02-2014 to suspend the effective date for 90 days and to continue the participation in the Alliance of Xcel Municipalities (AXM), and continue to utilize the services of Herrea and Boyle as special counsel to the Steering Committee and AXM. Therefore, Resolution 02-2014 has been prepared for that purpose and it is staff’s recommendation that this Resolution be adopted. City of Canyon RESOLUTION NO. 02-2014 RESOLUTION BY THE CITY OF CANYON, TEXAS (“CITY”) SUSPENDING THE EFFECTIVE DATE FOR NINETY DAYS IN CONNECTION WITH THE RATE INCREASE FILING OF SOUTHWESTERN PUBLIC SERVICE COMPANY MADE ON OR ABOUT JANUARY 7, 2014; AUTHORIZING THE CITY TO JOIN WITH OTHER CITIES IN THE ALLIANCE OF XCEL MUNICIPALITIES (“AXM”) TO DIRECT THE ACTIVITIES OF LAWYERS AND CONSULTANTS; AUTHORIZING THE HIRING OF ATTORNEYS AND CONSULTANTS; REQUIRING REIMBURSEMENT OF REASONABLE LEGAL AND CONSULTANT EXPENSES; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE WHEREAS, Southwestern Public Service Company (“SPS”) filed a Statement of Intent with the City of Canyon, Texas (“City”) to increase its base-rate revenue requirement for its Texas retail service area by approximately $81.5 million and to reconcile its fuel cost for the period July 1, 2012 through June 30, 2013; and WHEREAS, the City is a regulatory authority under the Public Utility Regulatory Act (“PURA”) and under Chapter 33, §33.001 et seq. of PURA has exclusive original jurisdiction over SPS’ rates, operations, and services within the municipality; and WHEREAS, in order to maximize the efficient use of resources and expertise in reviewing, analyzing and investigating SPS’ rate request and its changes in tariffs it is prudent to coordinate the City’s efforts with a coalition of similarly situated municipalities; and WHEREAS, the City, in matters regarding applications by SPS to change rates, has in the past joined with other local regulatory authorities to form the Alliance of Xcel Municipalities (“AXM”) and hereby continues its participation in AXM; and 1 of 4 WHEREAS, the rate request and fuel reconciliation of SPS, which was filed on or about January 7, 2014, consists of a voluminous amount of information including SPS’ rate-filing package, pre-filed direct testimony, exhibits, schedules, and workpapers; and WHEREAS, SPS proposed February 11, 2014 as the effective date for its requested increase in rates, which is the 35th day after the date SPS submitted its application; and WHEREAS, it is not possible for the City to complete its review of SPS’ filing within 35 days; and WHEREAS, the City will need an adequate amount of time to review and evaluate SPS’ rate application to enable the City to adopt a final decision as a local regulatory authority with regard to SPS’ requested rate increase. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION FOR THE CITY OF CANYON, TEXAS THAT: Section 1. The findings set out in the preamble are in all things hereby approved. Section 2. SPS’s proposed effective date of February 11, 2014 for its filing of January 7, 2014, is hereby suspended for an additional ninety (90) days, or at least until May 12, 2014. Section 3. The statutory suspension period will be extended automatically day for day should SPS extend its proposed effective date, and may be further extended if SPS does not provide timely, meaningful, and proper public notice of its request to increase rates, or if its rate-filing package is materially deficient. Section 4. The City continues its participation with other cities in a coalition of cities known as the Alliance of Xcel Municipalities (“AXM”) with the understanding 2 of 4 that the Steering Committee of AXM is to provide direction and guidance to Special Counsel representing said cities. Section 5. The City employs Herrera & Boyle, PLLC as Special Counsel to represent the City with regard to the requested increase in rates by SPS and related proceedings before local and state regulatory authorities and any court of law and authorizes Special Counsel to employ such rate experts as may be necessary for review and evaluation of SPS’ rate application. Section 6. The City, in coordination with the Steering Committee, shall review the invoices of the lawyers and rate experts for reasonableness before submitting the invoices to SPS for reimbursement. Section 7. SPS shall reimburse the City on a monthly basis, through AXM’s coordinating city, the City of Amarillo, Texas, for the reasonable costs of attorneys and consultants and expenses related thereto, upon the presentation of invoices reviewed by the City of Amarillo. Section 8. The City Secretary or other appropriate city official shall notify SPS of this Resolution by sending a copy of the Resolution to Evan Evans, Regional Vice President, Rates and Regulatory Affairs, and Brooke Trammell, Rate Case Manager, Southwestern Public Service Company, P.O. Box 1261 Amarillo, Texas 79105-1261 and also Stephen Fogel and Matthew Loftus, Xcel Energy Services, Inc., 816 Congress Ave., Suite 1650, Austin, Texas 78701-2471; and AXM shall be notified by sending a copy of this resolution to Mr. Marcus Norris, City Attorney, City of Amarillo, Texas by fax to 806-378-3018. Section 9. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. 3 of 4 Section 10. This resolution shall become effective from and after its passage. PASSED AND APPROVED this 3rd day of February 2014. ____________________________________ QUINN ALEXANDER, MAYOR ATTEST: ______________________________ Gretchen Mercer, City Secretary 4 of 4 AGENDA INFORMATION SHEET ITEM NO. ____________________ SUSPENSION OF SOUTHWESTERN PUBLIC SERVICE COMPANY’S PROPOSED EFFECTIVE DATE AS ALLOWED BY STATUTE; AUTHORIZING THE CITY TO JOIN WITH OTHER CITIES IN THE ALLIANCE OF XCEL MUNICIPALITIES (“AXM”) TO DIRECT THE ACTIVITIES OF LAWYERS AND CONSULTANTS; AUTHORIZING THE HIRING OF ATTORNEYS AND CONSULTANTS; AND REQUIRING REIMBURSEMENT OF REASONABLE LEGAL AND CONSULTANT EXPENSES BACKGROUND Base Rate Increase: On or about January 07, 2014, Southwestern Public Service Company (SPS) filed an application to increase its base rates by approximately $81.5 million in annual revenue, which represents an increase in base revenue of about 17.63%. SPS’ application requests an effective date of February 11, 2014 for its proposed increase in rates. Below are some of the key elements of SPS’ rate application: 1. An increase in annual base rates of $81,476,556 million, which SPS proposes to allocate the among the customer classes as follows: Present Base Proposed Base Base Revenue Percentage Revenue Revenue Increase Increase Resid. Service (with and $163,878,104 $193,426,125 $29,548,021 18.03% without space heaters) Sm. Comm. & Indust. $12,945,395 $14,212,036 $1,266,641 9.78% Svc Lg. Comm. & Indust. $261,290,311 $309,076,171 $47,785,860 18.29% Svc Sm. Muni & School Svc $908,267 $970,867 $62,600 6.89% Lg. Muni Svc $6,569,844 $8,307,206 $1,737,362 26.44% Lg. School Svc $8,781,287 $9,515,910 $734,623 8.37% Lighting Service $7,782,711 $8,124,218 $341,447 4.39% TOT. TEXAS RETAIL $462,155,978 $543,632,534 $81,476,556 17.63% 1 of 4 2. A return of 10.4% on its common equity; 3. Residential Customer: a. An increase in the Residential customer charge (Service Availability Charge) from $7.60 to $8.50 per month; b. For a Residential customer using 1000 kWh per month, SPS’ proposed increase would result in a monthly increase of about $13.33 in the Summer, and an increase of $12.52 in the Winter (which equates to about a 17.4% increase in the Summer and 18.7% increase in the Winter, over current rates); these amounts exclude fuel costs and surcharges that recover energy-efficiency costs and transmission-related costs; c. The estimated effect of SPS’ proposed increase on Residential Customer’s total bill, excluding franchise fees and taxes is as shown below: Proposed Increase in Residential Customer's Total Bill (excluding franchise fees and taxes) Amounts Shown Below Include All Charges Except Franchise Fees and Taxes Consumption 1000 1500 2000 2500 3000 3500 Non-Space Heating kWh kWh kWh kWh kWh kWh Summer Increase $13.05 $19.12 $25.19 $31.27 $37.34 $43.41 12% 12% 12% 12% 12% 12% Winter Increase $12.25 $17.92 $23.60 $29.27 $34.94 $40.62 12% 12% 12% 12% 12% 12% Attachment A shows a Residential customer’s bill at varying levels of usage. 4. Small General Service Customer: a. An increase in the Small General Service customer charge (Service Availability Charge) from $11.60 to $12.40 per month; b. For a Small General Service customer using 1000 kWh per month, SPS’ increase would result in a monthly increase of about $7.57 in the Summer, and an increase of $4.88 in the Winter (which equates to about a 12% increase in the Summer and 8.9% increase in the Winter, over current rates); these amounts exclude fuel costs and surcharges that recover energy-efficiency costs and transmission-related costs; 2 of 4 5. SPS seeks approval of revisions to its depreciation rates for steam production plant and distribution plant and to recognize changes to its net salvage value for steam production plant; 6. SPS seeks to maintain the status quo for recovery of municipal franchise fees, which means that approximately 2% to 3% of gross revenues (including miscellaneous revenues) are recovered through base rates, and the remaining amounts are recovered through direct charges to customers in the applicable municipal jurisdictions; 7. SPS seeks approval of its proposed allocation of generation investment related to the ramp-down of its sales of power to the Golden Spread Electric Cooperative, Inc. and approval of the credit related to changes in SPS’ fuel costs; 8. SPS seeks approval of the refund related to the gain on the sale of part of its distribution system to Lubbock Power & Light; and 9. Because SPS is a wholly-owned subsidiary of Xcel Energy, Inc., SPS’ rate application presents a myriad of issues related to its transactions with its affiliates. Fuel Reconciliation: SPS’ rate filing also includes a request for reconciliation of its fuel expenses for the period July 1, 2012 – June 30, 2013. Under its request to reconcile its fuel expenses, SPS shows an over-recovery of fuel costs in the amount of about $20.9 million, including interest. The over-recovery would be returned to ratepayers through SPS’ fuel factor and is not part of SPS’ base rates. City Action Required By February 11, 2014: The City must take action no later than SPS’ proposed effective date of February 11, 2014. Based on SPS’ propsoed effective date as filed, if the City does not take action by February 11, 2014, SPS’ proposed increase in rates as filed will be deemed approved by operation of law. RATE CASE EXPENSES: The Alliance of Xcel Municipalities’ (AXM) reasonable rate case expenses are subject to reimbursement by the Company. RECOMMENDATION: SUSPEND PROPOSED EFFECTIVE DATE FOR 90 DAYS SPS’ rate-filing package presents a complex set of ratemaking issues. Moreover, given the volume of data presented in SPS’ application, the AXM’s lawyers and consultants 3 of 4 cannot reasonably conclude their review and analysis of SPS’ filing by February 11, 2014. Therefore, the steering committee for the AXM and AXM’s Special Counsel recommend that the Council/Commission suspend SPS’ proposed effective date for its rate increase by 90 days (i.e., until May 12, 2014). Should SPS make any revisions to its proposed effective date of February 11, 2014, the 90-day suspension period would extend accordingly to correspond to the revised effective date. 4 of 4

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