City of Canyon Commission Meetings

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 March, 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 February 3, 2013. 4. Public Forum – Comments from Interested Citizens. 5. Update from City Staff (4th Avenue Paving Project, Rockwell Road Well Field Project, Drill Field and Hydrant Maintenance). 6. First Reading of Resolution No. 18-2013 for Panhandle-Plains Historical Museum, Harrington Petroleum Wing Renovation. 7. Consider and Take Appropriate Action on Recommendations from the Board of City Development (BCD) for 2014 Budget. 8. Hold Public Hearing and Consider and Take Appropriate Action on Ordinance No. 1000, Rezoning of Proposed Canyon East Unit No. 3. 9. Consider and Take Appropriate Action on Plat for Canyon East Unit No. 3. 10. Consider and Take Appropriate Action on Ordinance No. 1001, Updating Parking Regulations Along the 2300 and 2400 Blocks of 4th Ave. 11. Consider and Take Appropriate Action on Bids Received for Sealcoating – 2014 Project. 12. Consider and Take Appropriate Action on Purchase of a New Backhoe for Utilities Department. 13. Executive Session Pursuant to Texas Government Code §551.071, for Consultation With Attorney Pertaining to Pending or Contemplated Litigation, §551.087 Economic Development Negotiations §551.072 Real Property and §551.074 for Personnel Matters (Commissioner Place 5, City Attorney). 14. Consider and Take Appropriate Action on Items Discussed in Executive Session. 15. Consider and Take Appropriate Action on Resignation of Commissioner Place 5. 16. 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 28th day of February, 2014. Gretchen Mercer, City Clerk City of Canyon City Commission Meeting February 3, 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, Jon Behrens and David Logan. 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, Chief of Police Dale Davis, Municipal Court Judge Bob Splawn and City Attorney Chuck Hester. Item 1. Call to Order. Mayor Alexander called the meeting to order at 5:33 p.m. Item 2. Invocation. Commissioner Behrens gave the invocation. Item 3. Approval of Minutes of the Meeting of January 13, 2013. Commissioner Logan commented the minutes state he seconded the motion for item 11 and he was not present. City Secretary Mercer said she would listen to the tape recording of the meeting to find who made the second and correct the minutes. Commissioner Hinders moved, duly seconded by Commissioner Behrens to approve the minutes of January 13, 2014 with stated corrections to Item 11. Motion carried unanimously. Item 4. Public Forum – Comments from Interested Citizens. No Comment was made. Item 5. Update from City Staff (4th Ave Paving Project, Rockwell Road Well Field Project, Hunsley Road Striping, and TMRS Analysis). City Manager Randy Criswell gave brief updates on the following: Mr. Criswell said the contractor for the 4th Avenue Paving Project was back at work and progressing. Mr. Criswell said the contractor was held up due to the very cold weather that makes it difficult to work and not conducive to pouring concrete. Mr. Criswell reported SPS is scheduled to install power at anytime for the Rockwell Road Well Field. Mr. Criswell stated the power installation should take about 2 weeks and the transmission line was close to completion. Mr. Criswell said everything looks good to have the wells in service for warm weather and producing approximately 2 million gallons a day. Mr. Criswell stated Hunsley Road had recently been striped. City Commission Meeting February 3, 2014 Page 2 of 4 Mr. Criswell stated the TMRS analysis study should be presented to the City Commission in March dependant on when the end of year numbers from TMRS were made available. Commissioners asked if the entryway lighting project was nearing completion. Parks and Recreation Director Brian Noel stated they were waiting on the electrician to get back and find out what is stopping up the conduit. Mr. Noel stated they hoped to have it all resolved by the middle of next week. Commissioner Logan suggested that all the lights remain off until they all work. Mayor Pro-Tem Welch asked about the demolition project at 1306 2nd. Mr. Cornelius stated it was complete and the requested trees and some fencing were allowed to remain. Item 6. Consider and Take Appropriate Action on Proposed Municipal Court Security Fee. City Manager Randy Criswell presented a proposal to add a $3 security fee that would be collected from misdemeanor offenses as a security fund. Mr. Criswell stated the money collected could only be utilized for security purposes concerning municipal court. Mr. Criswell said a good starting point would be the installation of a camera surveillance system in the Commission Chambers, since the Municipal Court Judge is often in the commission chambers alone with a defendant. Mr. Criswell said this would be added protection for the judge, employees and the city as a whole. Mr. Criswell point out that as stated by Judge Splawn in his memo, most of the money collected from misdemeanors goes to the State of Texas for operation costs. Mr. Criswell said adding $3 to the designated fund would be a very small increase that could provide a lot of benefit for us. Mayor Alexander suggested that the city go ahead and put cameras in place in the commission chambers and the business office. Mayor Alexander asked Municipal Court Judge Splawn for his thoughts. Judge Splawn stated he was of the same opinion as Mr. Criswell. Judge Splawn said currently a misdemeanor offense is $64 with $54 of that going to the State of Texas as established by law. Judge Splawn stated the fee would only be added to misdemeanor offenses, not traffic violations. Judge Splawn said initially he would like to see the funds to install cameras in the commission chambers and the 1st floor conference room outside the police department since he uses those rooms to conduct the business of the court, oftentimes one on one. After discussion, Mayor Alexander directed staff to proceed with developing an ordinance adding the $3 security fee to misdemeanors through the Municipal Court. Item 7. Presentation of 2013 Annual Code Enforcement Report. Director of Code Enforcement Danny Cornelius gave a summary of activity in the Code Enforcement Department for 2013. Item 8. Consider and Take Appropriate Action on Annual Police Report and 2013 Racial Profiling Report from Chief of Police Dale Davis. Chief of Police Dale Davis presented the Annual Police Report and Racial Profiling Report for 2013. Mr. Davis reported crime rate was up 10% for 2013 with 132 Part I Index Crimes reported during 2013 compared to 120 for 2012. Chief Davis stated this was mainly due to an increase in City Commission Meeting February 3, 2014 Page 3 of 4 theft cases of 75 in 2012 to 95 in 2013. Chief Davis stated alcohol related arrest cases decreased 19% overall. Chief Davis attributed this decrease to the aggressive enforcement of alcohol related incidents seen in 2012. After discussion, Commissioner Behrens moved, duly seconded by Commissioner Logan to approve the 2013 Annual Police Report and Racial Profiling Report as presented. Motion carried unanimously. Item 9. Consider and Take Appropriate Action on Resolution No. 02-2014 Suspending Effective Date of Southwestern Public Service Proposed Rate Increase. City Manager Randy Criswell presented Resolution No. 02-2014 for consideration. After discussion, Commissioner Hinders moved, duly seconded by Commissioner Logan to approve Resolution No. 02-2014 as presented. Motion carried unanimously. 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 Item 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. Mayor Alexander indicated the Commission would adjourn into executive session at 6:38 p.m. Item 11. Consider and Take Appropriate Action on Items Discussed in Executive Session. Upon returning from executive session at 8:04 pm, the following action was taken. City Manager Randy Criswell requested the City Commission fund the re-establishment of the position of the Assistant to the City Manager as vacated in 2008 and allow for the recruitment of the position. Commissioner Hinders moved, duly seconded by Mayor Pro-Tem to approve to fund the re- establishment of Assistant to the City Manager. Motion carried unanimously. City Commission Meeting February 3, 2014 Page 4 of 4 Commissioner Logan moved, duly seconded by Mayor Pro-Tem Welch to fund the position of Assistant to the City Manager through Excess Sales Tax Revenue and the Contingency Fund along with a budget amendment. 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: Randy Criswell, City Manager, Mayor and City Commission From: Evelyn Ecker, Executive Director, CEDC Date: February 19, 2014 Re: First Reading Resolution No. 18-2013 The Canyon Economic Development Corporation unanimously approved a funding request on September 12, 2013 from the Panhandle-Plains Historical Museum for $100,000. The funds are going to be used as lead-off funding of the 2nd floor Don D. Harrington Petroleum Wing renovation. The cost of the Petroleum Wing renovations, encompassing 16,000s.f. is estimated to be $100 s.f. or $1.6 million. The public hearing for this project was held on October 15, 2013 during the regular scheduled meeting of the CEDC. There was no opposition for the projected. Enclosed is a draft of the proposed Funding Agreement. In the agreement we have proposed the funding to be paid in three (3) payments. The first payment of $50,000 will be made when the project officially starts (estimated September 2014). Two (2) equal payments of $25,000 will be made. One payment would be made at the halfway mark of the renovation and the final payment would be made upon completion. The estimated length of the project is eighteen (18) months. Tonight is the first reading of Resolution No 18-2013 with the second reading and recommended adoption at the next scheduled commission meeting March 17th. City of Canyon  RESOLUTION NO. 18-2013 A RESOLUTION APPROVING A PROJECT FUNDING AGREEMENT BETWEEN CANYON ECONOMIC DEVELOPMENT CORPORATION AND THE PANHANDLE-PLAINS HISTORICAL MUSEUM FOR THE RENOVATION OF THE SECOND FLOOR DON D. HARRINGTON PETROLEUM WING. WHEREAS, the Board of Directors of the Canyon Economic Development Corporation (“CEDC”), having taken action by majority vote on September 12, 2013 to approve a funding request from Panhandle-Plains Historical Museum; and, WHEREAS, On October 15, 2013, the Canyon Economic Development Corporation (“CEDC”) held a public hearing regarding the use of sales tax revenues in regards to a funding agreement. The sales tax supporting the CEDC is authorized by Chapter 504 and 505 Texas Local Government Code, formerly known as the Development Corporation Act of 1979 TEX. REV. CIV. STAT. ART. 5190.6 §4B (“the Act”) the primary purpose of which is to develop, stabilize, diversify, and expand the economy; and, WHEREAS, the CEDC is providing $100,000 for the renovation of the second floor Don D. Harrington Petroleum Wing located at the Panhandle-Plains Historical Museum. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS: That the project funding agreement between the CEDC and the Panhandle-Plains Historical Museum is hereby approved, and the sales tax revenue collected pursuant to “the Act” by CEDC may be used to fund the project referred to above. INTRODUCED at the First Reading on the 3rd day of March 2014, and Adopted on the Second Reading the 17th day of March, 2014. ______________________________ QUINN ALEXANDER, MAYOR ATTEST: ________________________________ Gretchen Mercer, City Clerk  CANYON ECONOMIC DEVELOPMENT CORPORATION PROJECT FUNDING AGREEMENT This agreement is made by and between the Canyon Economic Development Corporation (CEDC), a Texas non-profit corporation duly organized and existing pursuant to the TEXAS DEVELOPMENT CORPORATION ACT and Panhandle-Plains Historical Museum, a Texas non-profit corporation duly organized and existing under the laws of the State of Texas and qualified to do business in Texas (hereinafter referred to as “Second Party.”) 1. The purpose of this agreement is to facilitate the proper use of funds held and administered by the CEDC, a tax supported non-profit corporation whose primary income is from sales tax collected within the City of Canyon and dedicated exclusively to economic development, and other purposes authorized by statute. The sales tax supporting CEDC is authorized by Chapters 504 and 505 Texas Local Government Code formerly known as TEX. REV. CIV. STAT. ART. 5190.6 § 4B, the primary purpose of which is the developing, stabilizing, diversifying, and expanding the economy through the retention, recruitment, expansion, and employment opportunities of the citizens of Canyon and the surrounding area. 2. The project and performance requirements to be implemented by means of this agreement are described in the agreement and in the application, business plan and other supporting documents submitted to CEDC by Second Party. 3. The CEDC will provide the following funding and economic incentives for development of the project: $100,000 in lead-off funding for the first phase of renovations to permanent gallery space at the facility. The renovation includes 16,000 SF. encompassing the Don D. Harrington Petroleum Wing and the estimate for the project is $1,600,000. The funding is based on promoting economic and civic vitality in the region through job creation, encouraging retail sales and by generating state and local tax revenue, and encouraging tourism locally, regionally, and statewide. The funding will be in three installments. The first being $50,000 disbursed on or before September 1, 2014. One disbursement of $25,000 will be made when the project is 50% complete, and the final disbursement of $25,000 will be made when project is complete. 4. Second Party agrees to undertake the following actions in order to accomplish the project: (a) Seek additional funds for the project, leveraging additional monies and maximizing the effect of the CEDC Investment. (b) Start and complete the renovation project as soon as funds are available and (c at completion of project, provide the CEDC with an accounting of all expenditures for project. 5. The failure of Second Party to fully and timely comply with any performance requirement shall be an act of default by Second Party which shall entitle the CEDC to suspend further funding and, at its option, to terminate this agreement by written notice delivered pursuant to paragraph nine (9). Page 1 6. Second Party makes the following covenants and warranties to the CEDC and agrees to timely and fully perform the following obligations and duties: a. Any false or substantially misleading statement contained herein or the failure of Second Party to comply and fully perform as required in this agreement, shall be an act of default by Second Party. Failure to comply with any covenant or warranties shall constitute an act of default and entitle the CEDC to suspend further funding and at its option to terminate this agreement by written notice in accordance with paragraph nine (9) below. b. Second Party is authorized to do business in Texas, is in good standing in the State of Texas and shall remain in good standing in the State of Texas during the term of this agreement. c. The execution of this agreement has been duly authorized by the governing body of Second Party and all necessary corporate approvals have been obtained. Second Party’s designated agent or officer executing this agreement is duly authorized and empowered to execute this agreement and bind Second Party to the covenants, warranties and other terms of this agreement. Second Party’s execution of this agreement and the performance thereof is not contrary to any law, rule, regulation, or provisions of Second Party’s organizational documents or any contract, instrument, or agreement to which Second Party is a party or by which it may be bound at the time this agreement is executed. The necessary authority for the agent whose signature that appears below is evidenced by a resolution attached to this agreement as Exhibit “A” which is incorporated herein by reference for all purposes. d. No litigation or governmental proceeding is pending or to the knowledge of Second Party is contemplated or threatened against Second Party or affecting it’s operations or business that may result in any material or adverse change in Second Party’s business, properties, or operations. To Second Party’s knowledge, no additional consent, approval, or authorization of a governmental entity or other authority is required in connection with the execution and performance of this agreement or the transactions contemplated hereby. e. To Second Party’s knowledge no certificate or statement delivered by Second Party to CEDC in connection with this agreement or any transaction contemplated by this agreement contains any untrue statement or fails to state the facts necessary to keep the statements contained therein from being misleading or false. f. There are no bankruptcy proceedings or other legal proceedings currently pending or contemplated affecting the Second Party. The Second Party has not been informed of any intent to initiate involuntary bankruptcy proceedings against Second Party. Page 2 g. To its knowledge Second Party has acquired and maintained all necessary rights, licenses, permits, and authority to carry on its business in Texas and to perform the terms of this agreement and will continue to use its best efforts to maintain all necessary rights, licenses, and permits in current status and good standing. h. The funds provided by CEDC shall be utilized solely for the purposes of the project as stated in this agreement and within the scope of the project as stated in this agreement and for no other purpose. i. Second Party shall pay all taxes and assessments due and owing to all taxing authorities having jurisdiction over Second Party’s property and business operations. In addition, Second Party shall timely pay all employment, income, franchise, and other taxes due and owing by Second Party to all local, state, and federal entities. j. Second Party shall complete the project required by this agreement and shall provide the necessary staff and employees for the completion and performance of this agreement. k. Second Party shall timely and fully perform and comply with all terms and conditions of this agreement. l. Second Party shall notify CEDC in writing of substantial changes in the management of Second Party within seven (7) days. Substantial changes shall mean changes in executive officers, board members, or managers. m. The Second Party agrees, that with regard to all programs and activities arising out of this agreement, the Second Party shall fully comply with all civil rights acts and specifically will not discriminate against any person upon the basis of race, color, national origin, gender, or by reason of being disabled. 7. The CEDC under the following circumstances and at the sole discretion of it’s board of directors may suspend the obligations under this agreement or may terminate this agreement and recapture from Second Party any of the funds provided pursuant to this agreement or consideration paid by the CEDC without liability to the CEDC: a. The filing of bankruptcy proceedings or the appointment of a receiver of Second Party or any part of it’s assets or property and failure of such bankruptcy or receivership to be discharged within sixty (60) days of filing. b. The adjudication of Second Party as a bankrupt. c. A change in ownership of Second Party which constitutes a material change in the nature of Second Party’s business and operations. Page 3 8. Second Party agrees to the following reports and monetary requirements in connection with the project: a. Second Party shall provide periodic reports as requested by the CEDC regarding the status of the project. b. During normal business hours, Second Party shall allow a representative of the CEDC reasonable access to its books and records to verify employment, expenditure of funds, and other relevant records related to economic development considerations and incentives provided by this agreement. CEDC agrees to maintain the confidentiality of such records. Information shall be used only for the purpose of administering the funding provided by CEDC pursuant to this agreement and for no other purpose; provided however, CEDC may, if required by legal process or at the discretion of the office of the Attorney General provide such documentation to a third party as is required by the Attorney General or pursuant to such legal process. 9. Should Second Party fail to timely, fully, and completely comply with any one or more of the requirements, obligations, duties, terms, and conditions or warranties of this agreement such failure shall constitute an act of default by Second Party and, if not fully and completely cured within 30 days after written notice by CEDC to Second Party, the CEDC may terminate this agreement and pursue any legal remedies existing under the law; provided however, that Second Party’s liability under this agreement shall be limited to the immediate return by Second Party of all funds or other economic incentives provided by the CEDC and any consideration previously paid to Second Party by the CEDC. The rate of interest on all funds paid by the CEDC to Second Party subject to refund shall be 6% per annum. In the event CEDC should prevail in any litigation to recover funds pursuant to this paragraph, the CEDC shall, in addition to all other damages provided by this paragraph, be entitled to recover reasonable attorneys fees and expenses of litigation. 10. In the event of unforeseeable third party delays, in the performance of this agreement by Second Party, or force majeure, and upon a reasonable showing by Second Party that it has immediately and in good faith commenced and is diligently and continuously pursuing the correction, removal, or abatement of such delays by using its best efforts, CEDC may consent and excuse any such delay, which consent shall not be unreasonably conditioned or withheld. The failure by Second Party to continuously and diligently pursue compliance shall constitute an act of default. 11. Any delay by the CEDC in providing notice of default to Second Party, shall in no event be deemed or constitute a waiver of such default by CEDC or waiver of any of its rights and remedies available under this agreement or at law or in equity. 12. Any waiver provided by CEDC to Second Party of an act of default shall not be deemed to constitute a continuing waiver or a waiver of any other existing or future act of Page 4 default by Second Party even if the act or default is of the same or a similar nature. 13. Second Party specifically agrees that CEDC shall only be liable to Second Party for the amount of money actually budgeted and committed to the project described in this agreement. CEDC shall not be liable or held responsible for any other direct or indirect costs, attorneys fees, court costs, actual or consequential damages, direct or indirect, for any act of default by CEDC under the terms of this agreement. It is further stipulated and agreed that CEDC shall only be required to pay the amount of the project cost out of it’s sales tax revenues held and administered pursuant to §4B of the Development Corporation Act for the fiscal year in which the funding of this agreement is approved and from no other source. It is specifically agreed however, that in the event actual total sales tax revenues collected by CEDC for any year during which this agreement is to be performed should be less than the total amount of all grants to all contracting parties with the CEDC for that year, then in that event, all contracting parties shall receive only their prorated share of the available sales tax revenue for that year, less CEDC’s customary and usual administrative costs and expenses compared to each contracting party’s total grant amount for that year, and CEDC shall not be liable to any contracting party for any such deficiency for that time or in the future. In the event of such revenue shortfall, CEDC will provide written notice to all contracting parties affected by the revenue shortfall along with such documentation as will allow the contracting party to ascertain their prorated share of the funding to be provided. 14. This agreement incorporates the entire agreement of the parties hereto and supersedes any oral or written previous and contemporaneous agreements between the parties relating to the matters covered by this agreement, except as otherwise provided herein, this agreement cannot be modified or amended without a written agreement of the parties. 15. No term or provision of this agreement or an act of the CEDC in the performance of this agreement shall be construed as making or constituting Second Party or its employees, or agents, partners of the CEDC or employees of the CEDC. This contract shall not benefit any third party not a direct party to this agreement. 16. The termination of this agreement as provided herein may be upon mutual agreement of the parties or pursuant to the provisions hereof relating to default. The termination of this agreement either by mutual agreement or by notice served by the CEDC shall extinguish all rights, duties, and obligations of the CEDC and Second Party except as provided herein. 17. This agreement may be executed in a number of identical counterparts each of which shall be deemed an original upon execution and shall constitute the same instrument. 18. This agreement is made pursuant to the laws of the State of Texas and shall be governed and interpreted under the laws of the State of Texas without regard to any conflict of laws provision. Venue in any litigation arising out of the execution or performance of this agreement shall be in the court of appropriate jurisdiction in Randall County, Texas and in no other Venue. Second Party, by signing this agreement, consents Page 5 to and waives any objections to in personam jurisdiction in Randall County, Texas. 19. In the event one or more of the provisions contained in this agreement should, for any reason, be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions of this agreement. This agreement shall be construed as if such invalid, illegal, or unenforceable provision had not been contained herein. 20. This agreement is subject to all legal requirements contained in the Municipal Charter of the City of Canyon and Code and Ordinances of the City of Canyon and all other applicable state and federal laws and regulations. Second Party agrees that, in compliance with this agreement, it will promptly comply with all applicable laws, regulations, orders, and rules of the state, city, and other governmental entities. 21. This agreement shall be binding upon the parties hereto, their successors, and (where permitted) assigns. This agreement may not be assigned by either party without the specific prior written consent of the other, which consent shall not be unreasonably withheld or conditioned. Provided however, that in the event Second Party transfers all or substantially all its assets to another entity or merges with another entity to the extent that the underlying purpose of this agreement cannot, in the sole discretion of the CEDC’s board of directors, be accomplished, the CEDC shall have the option to suspend it’s performance under this agreement or terminate this agreement. 22. Second Party represents that no member of the board of directors of the CEDC or member of the governing body of the City of Canyon or any officer or employee of the City of Canyon or CEDC will be compensated in any manner with respect to directly or indirectly bringing the parties together for the purpose of this agreement or participation in the negotiation or formation of this agreement. No finders fee or other origination fee of any type will be paid or will become payable to any officer or employee of the City of Canyon, member of the governing body of the City of Canyon, or the governing body of the CEDC with regard to the formation or performance of this agreement. 23. All notices from one party to the other party required or permitted by this agreement shall be delivered personally or sent by certified mail postage prepaid addressed to the party at the address shown on the signature page. All notices shall be deemed given on the date so delivered or deposited in the mail unless otherwise provided. Either party may change its address by sending written notice of such change to the other party in the manner provided by this agreement. 24. All representations, warranties, covenants, and agreements of the parties as well as all rights and benefits of the parties pertaining to the transaction contemplated by this agreement shall survive the original execution date of this agreement and shall constitute continuing obligations. Page 6  25. All other terms or provisions of this agreement notwithstanding, the obligations of CEDC hereunder are subject to: (a.) Approval of the financial incentives by the CEDC Board; (b.) Approval of the financial incentives by the Canyon City Commission; and, (c.) Compliance with the requirements of the Texas Local Government Code, Chapter 501, 502, 504 and 505 together with any other provisions of Subtitle C1 applicable to Type B Corporations. Effective Date________________________________________ Canyon Economic Development Corporation Second Party: By:__________________________ By:_______________________ Name:_______________________ Name:_____________________ Title:________________________ Title:______________________ Address:1604 4th Avenue, Suite 21 Address: 2503 4th Avenue Canyon, Texas 79015 Canyon, Texas 79015 Page 7  AGENDA To: Mayor and City Commission From: Chris Sharp, Assistant City Manager Date: February 25, 2014 Re: Consider and Take Appropriate Action of Recommendations from Board of City Development (BCD) for 2014 Budget . The Board of City Development met on February 24, 2014 to review and consider the proposed budget for the 2014 fiscal year. Requests were received from WTAMU, Texas, PPHM, Main Street, Canyon Chamber of Commerce, and Kids Inc. As you will recall, money for this budget comes from Hotel Occupancy (HOT) which is collected by our local hotels. Collections for 2013 were up about 4% from the previous year as total collections came in at $167,728. The Board feels confident that collections will be at least the same if not more for 2014. Supporting documentation is attached. The Board unanimously voted to recommend a budget of $170,400 for 2014. These allocations are as follows: Billboard Lease $6,000 Xcel Energy $1,400 Texas $34,000 WTAMU $34,000 PPHM $34,000 Chamber of Commerce $33,000 Canyon Main Street $25,000 Kids Inc. $3,000 Total $170,400 Total amount of reserves for the BCD after all 2013 requests were paid is around $15,000. Recommendation: Staff recommends approval of the 2014 BCD budget as presented. City of Canyon BCD Funding Requests - 2014 Anticipated Budget Total Available $165,000 Amount in account as of 12/31/13 $67,685 Entity Budgeted Requested Budget Proposed Budget Last Year Billboard Land Lease $ 6,000.00 $6,000.00 $6,000.00 Xcel Energy (electricity for billboard) $ 1,300.00 $1,400.00 $1,400.00 Texas Panhandle Heritage Foundation $ 35,000.00 $35,000.00 $34,000.00 Advertising, Promotion WTAMU $ 48,750.00 $70,000.00 $34,000.00 Student Recruitment, Special Events Panhandle Plains Historical Museum $ 41,250.00 $45,000.00 $34,000.00 Marketing, Website Development, Promotional Efforts at conferences, Administrative Costs Chamber of Commerce $ 35,250.00 $54,665.00 $33,000.00 Texas Plains Trail Convention $3,000.00 July 4th Celebration $21,000.00 Fair on the Square $7,500.00 Website Development $3,600.00 Chamber Brochure Production $11,000.00 Hotel/Travel/Restaurant Co-op Ads $8,565.00 Canyon Main Street $ 18,225.00 $35,000.00 $25,000.00 Advertising Kids Inc $ 3,000.00 $3,000.00 $3,000.00 Basketball Tournament of Champions TOTAL $188,775.00 $250,065.00 $170,400.00  AGENDA To: Mayor and City Commission From: Danny Cornelius, Director of Code Enforcement Date: February 24, 2014 Re: Hold Public Hearing and Consider and Take Appropriate Action Ordinance No. 1000, Rezoning of Proposed Canyon East Unit No. 3. Kuhlman and Sons LP and Canyon East Development LLC recently submitted a plat for Canyon East Unit No. 3 and an application for a change in zoning. The property was annexed as SF-A (Single-Family Agricultural Residential District). SF-A is intended for principally undeveloped land and agricultural uses. The proposed use is single-family dwellings. The proposed zoning for Lots 10A and 11-16 of Block 7, Lots 1-12 of Block 8, and Lots 1-48 and 69-76 of Block 9 is SF-S (Single- Family Suburban Residential) District. The proposed zoning for Lots 49-68 and 77-99 of Block 9 is SF-E (Single-Family Estate Residential) District. We will need to hold a public hearing and take action the zoning change before the plat can be considered. Letters were sent to 34 property owners within 200 feet. Responses were received from 6. All were in favor of the request. The Planning and Zoning Commission voted unanimously to recommend approval of the request. City of Canyon  ORDINANCE NO. 1000 Rezoning Canyon East Unit No. 3 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS, REZONING CANYON EAST UNIT NO. 3, AN ADDITION TO THE CITY OF CANYON, RANDALL COUNTY, TEXAS, PROVIDING THAT THE ZONING CLASSIFICATION BE POSTED UPON THE ZONING DISTRICT MAPS OF THE CITY OF CANYON, PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH ARE EXPRESSLY REPEALED, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission conducted a public hearing on February 10, 2014 for the purpose of considering rezoning certain properties situated in the City of Canyon. All owners of property within 200 feet, as indicated by the most recently approved municipal tax roll of real estate property, were given written notification, and opportunity to be heard, and proper notice by publication was given through the local newspaper in accordance with City Charter provisions, the Code of Ordinances and the Texas Local Government Code; and WHEREAS, the Planning and Zoning Commission has recommended rezoning the properties from SF-A (Single-Family Agricultural Residential District) to SF-S (Single-Family Suburban Residential District) and SF-E (Single-Family Estate Residential District); and WHEREAS, the City Commission conducted a public hearing at its regular meeting and considered the recommendation by the Planning and Zoning Commission for rezoning; and WHEREAS, the passage, promulgation, and enforcement of the provisions herein contained are deemed necessary and advisable for the promotion of the general welfare of the community to carry out the governmental powers delegated to and possessed by the City of Canyon; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS: SECTION 1. The City Commission finds that SF-S (Single-Family Suburban Residential District) and SF-E (Single-Family Estate Residential District) would be more appropriate than SF-A (Single Family Agricultural Residential District) zoning for the properties in question. SECTION 2. That Lots 10A, and Lots 11 through 16 of Block 7, Lots 1 through 12 of Block 8, Lots 1 through 48 of Block 9, and Lots 69 through 76 of Block 9, Canyon East Unit No. 3 are hereby zoned SF-S (Single-Family Suburban Residential District). SECTION 3. That Lots 49 through 68 of Block 9 and Lots 77 through 99 of Block 9 Canyon East Unit No. 3 are hereby zoned SF-E (Single-Family Estate Residential District). SECTION 4. That this Zoning classification be posted upon the Zoning District maps of the City of Canyon and filed with the City Secretary and Building Inspector of the City of Canyon. SECTION 5. Severability. If any provision, section, subsection, sentence, clause, or the application of the same to any person or set of circumstances for any reason is held to be unconstitutional, void or invalid or for any reason unenforceable, the validity of the remaining portions of this ordinance or the application thereby shall remain in effect, it being the intent of the City Commission of the City of Canyon, Texas in adopting this ordinance, that no portion thereof or provision contained herein shall become inoperative or fail by any reasons of unconstitutionality of any other portion or provision. SECTION 6. Repealer. All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed to the extent of conflict with this ordinance. SECTION 7. This ordinance shall become effective immediately. INTRODUCED AND PASSED at the regular meeting of the City Commission on the 3rd day of March, 2014. _______________________ Quinn Alexander, Mayor ATTEST: _________________________ Gretchen Mercer, City Clerk  APPLICATION FOR CHANGE IN ZONING 1. Name of Applicant: Kulman & Sons, LP and Canyon East Development, LLC A. Address 1001 E Nance Road, Canyon, Texas 79015 Fax ______________________________ B. Telephone 806-488-2541 E-Mail __________________________ C. Interest (Owner, Agent, Leasor, Agent-Buyer) Owner D. Representative’s Name Gary Kulman Address 1001 E Nance Road, Canyon, Texas 79015 _____________________________ Fax _____________________________ Telephone 806-488-2541 E-Mail ___________________________ 2. Legal Description of Property: A. Block(s) New Subdivision B. Lot(s) Lots 49-68 & 77-99, Block 9 C. Addition(s) Canyon Canyon East Development Unit No. 3 3. Property Area in Square Feet 601,680.50 in Acres 13.813 4. Present Zoning Agriculture 5. Present Land Use (detail every use) Prairie 6. Proposed Zoning. SFE – Single Family Estate, more than 10,000 square feet 7. Proposed Land Use. Single Family Residence 8. What conditions have changed since the original zoning which would warrant a change in zoning? New Subdivision 9. How will the proposed change affect the neighborhood? New Subdivision 10. What affect will the proposed zoning change have on traffic and street? New Subdivision 11. List owners of record (list all if more than one): Kulman & Sons, LP and Canyon East Development, LLC 12. Signatures of all owners of record and address: Gary Kulman_______________________ 1001 E Nance Road Canyon, Texas 79015  APPLICATION FOR CHANGE IN ZONING 1. Name of Applicant: Kulman & Sons, LP and Canyon East Development, LLC A. Address 1001 E Nance Road, Canyon, Texas 79015 Fax ______________________________ B. Telephone 806-488-2541 E-Mail __________________________ C. Interest (Owner, Agent, Leasor, Agent-Buyer) Owner D. Representative’s Name Gary Kulman Address 1001 E Nance Road, Canyon, Texas 79015 _____________________________ Fax _____________________________ Telephone 806-488-2541 E-Mail ___________________________ 2. Legal Description of Property: A. Block(s) New Subdivision B. Lot(s) Lots 10A, and Lots 11-16, Block 7, Lots 1-12, Block 8 (less than 7,000 square feet) and Lots 1-48, and Lots 69-76, (less than 7,000 square feet) Block 9. Note the lots less than 7,000 square feet are being zoned in this category to limit the possibility of trailer homes. Kulman & Sons, LP and Canyon East Development, LLC are requesting the smaller lots be allowed per plat in this zoning. C. Addition(s) Canyon Canyon East Development Unit No. 3 3. Property Area in Square Feet 721,609.03 in Acres 16.566 4. Present Zoning Agriculture 5. Present Land Use (detail every use) Prairie 6. Proposed Zoning. SFS – Single Family Suburban, more than 7,000 square feet 7. Proposed Land Use. Single Family Residence 8. What conditions have changed since the original zoning which would warrant a change in zoning? New Subdivision 9. How will the proposed change affect the neighborhood? New Subdivision 10. What affect will the proposed zoning change have on traffic and street? New Subdivision 11. List owners of record (list all if more than one): Kulman & Sons, LP and Canyon East Development, LLC 12. Signatures of all owners of record and address: Gary Kulman_______________________ 1001 E Nance Road Canyon, Texas 79015  AGENDA To: Mayor and City Commission From: Danny Cornelius, Director of Code Enforcement Date: February 24, 2014 Re: Consider and Take Appropriate Action on Plat for Canyon East Unit No. 3. We need to consider the plat for Canyon East Unit No. 3. Copies of the plat are enclosed. The Planning and Zoning Commission voted unanimously to recommend approval of the plat. City of Canyon  AGENDA To: Mayor and City Commission From: Dale Davis, Chief of Police Date: February 17, 2014 Re: Consider and Take Appropriate Action on Ordinance No. 1001, Updating Parking Regulations Along the 2300 and 2400 Blocks of 4th Ave. Parking restriction and regulations around West Texas A&M University are an ongoing concern. Most generally, it is homeowners living within close proximity to the campus who have valid parking complaints. Students parking in business parking-lots are subject to towing. Businesses along a one block area, in the 2300 block of 4th Ave, over the years have not been affected by the student parking issues. Recently, it was brought to our attention that students are parking at this location, and greatly restricting available customer parking. Parking on the south side of the 2300 block of 4th Ave. is limited to one hour parking between the hours of 9:00am – 11:30am. It is proposed to change the signage to restrict parking to one hour between the hours of 8:00 a.m. and 5:00 p.m. daily, except weekends and holidays. This change would limit long term parking from students, and provide customers more parking at the businesses along the 2300 block of 4th Ave. Each business owner was personally contacted by me to discuss the proposed change. There was no opposition from business owners to the proposed change. Support for the change was overwhelming. The time change shall give law enforcement a larger window in which enforcement action may be taken. The ordinance addresses changes that have already been made by West Texas A&M University in regards to parking along the north side of the 2400 block of 4th Ave., in front of the Panhandle Plains Historical Museum. Current city ordinance is in conflict with existing signs and curb color at this location. The ordinance proposal allows for loading and unloading only at this location. It is my recommendation that Ordinance No. 1001 be passed and adopted. Respectfully; City of Canyon  ORDINANCE NO. 1001 AN ORDINANCE OF THE CITY OF CANYON, TEXAS, REPEALING ORDINANCE NO’s. 429, 506 and 580; AMENDING CHAPTER 75: PARKING SCHEDULES, SCHEDULE LIMITED PARKING; ESTABLISHING LIMITED PARKING ON THE SOUTH AND NORTH SIDE OF THE 2300 BLOCK OF FOURTH AVENUE AND THE NORTH SIDE OF THE 2400 BLOCK OF FOURTH AVENUE; FIXING A PENALTY FOR VIOLATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the passage, promulgation, and enforcement of the provisions herein contained are determined necessary and advisable for the promotion of the general welfare of the community and to carry out the governmental powers delegated to and possessed by the City of Canyon; WHEREAS, the City Commission of the City of Canyon has determined that public safety requires the adoption of an ordinance to limit parking along the 2300 and 2400 Block of 4th Avenue located within the City limits and that such regulations should be enforced in the same manner as other regulations within the City of Canyon; NOW, THEREFORE: BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS; SECTION 1 : Chapter 75: “Parking Schedules” Limited parking enforcement will be amended to “One hour only between the hours of 8:00 a.m. and 5:00 p.m. daily, except Saturdays, Sundays and holidays in the following areas: 2300 block of 4th Ave North and South Side of Street. SECTION 2.: Chapter 75: “Parking Schedules” Limited parking enforcement will be amended to “Loading and Unloading Only” in the following area: 2400 block of 4th Ave. North Side of Street. SECTION 3.: It shall be unlawful for any person to permit a vehicle to be parked, or remain in any area as described above for a time longer than the one (1) hour parking limited provided or parked in the loading – unloading zone as described above. SECTION 4.: Each violation of this Ordinance is hereby deemed to be a misdemeanor, and each person, firm, or corporation convicted of violation of any provision of this Ordinance shall be punished 1 by a fine of not less than Five Dollars ($5.00) nor more than Two Hundred Dollars ($200.00). SECTION 5: Severability. If any provision, section, subsection, sentence, clause, or the application of same to any person or set of circumstances for any reason is held to be unconstitutional, void or invalid or for any reason unenforceable, the validity of the remaining portions of this ordinance or the application thereby shall remain in effect, it being the intent of the City Commission of the City of Canyon, Texas in adopting this ordinance, that no portion thereof or provision contained herein shall become inoperative or fail by any reasons of the unconstitutionality of any other portion or provision. SECTION 6.: This ordinance shall be effective on and after its adoption and publication as required by law. INTRODUCED ON MARCH 3, 2014 and PASSED AND ADOPTED ON MARCH 3, 2014. QUINN ALEXANDER, Mayor ATTEST: GRETCHEN MERCER, City Clerk 2  AGENDA To: Randy Criswell, City Manager From: Dan Reese, Public Works Director Date: February 24, 2014 Re: Consider and Take Appropriate Action on Bids Received for Sealcoating – 2014 Project. Bids were received and opened on the above referenced project on Tuesday, January 14, 2014. The target area this year includes all of the streets between 16th and 23rd Streets and all of the avenues south of the BNSF railroad. Paved alleys within this area will also be included in the project. The base bid was for a “combination” project similar to last year, where we identified some streets that we felt were more suited to the pre-coated rock. After the good results achieved with pre- coated rock last year, we decided to take an alternate bid for pre-coated rock for the entire project. The total project quantity is approximately 160,000 square yards. Three bids were received this year. For the regular gravel, bids ranged from $1.62 per square yard to $1.68 per square yard, and from $1.82 per square yard to $2.16 per square yard for the pre-coated rock. Ironically, the low bid for the pre-coated rock was exactly what we paid for it last year. The low bid was submitted by Lipham Asphalt and Paving of Aspermont. Their unit price bid was $1.62 per square yard for regular rock and $1.82 per square yard for the pre-coat. The total amount for the base bid was $272,114.00. The total for the alternate was $290,108.00. A contract completion time of 45 days was also bid for each. Lipham has worked for us in the past and we feel confident in the work they provide. A bid tabulation sheet and award recommendation from the Engineer is attached. In the budget this year, we have $ 323,000 available for the construction of this project. The budget has always been based on an average area size of 170,000 sy. One reason that we’re under budget is that this year’s area happens to be one of the smaller than average areas. Plus, we added $0.10 per square yard to the unit price budgeted to get more in line with the bid prices we’re experiencing. The last time we increased the budgeted unit price was 2009. The public works department concurs with the Engineer and recommends awarding the sealcoating bid to Lipham Asphalt and Paving in the amount of $290,108.00. City of Canyon  AGENDA To: Randy Criswell, City Manager From: Dan Reese, Public Works Director Date: February 25, 2014 Re: Consider and Take Appropriate Action on Purchase of a new Backhoe for the Utilities Department. As Canyon continues to grow and more utility installation and maintenance becomes necessary, the Utilities Department has requested a new backhoe. The John Deere machine, currently in service, is 10 years old and is still a very good machine. Our backup machine, the 1988 model Case, needs replaced. We plan to move the Deere to be our backup machine. The Case will be moved to another department, i.e. Parks, or can be sold. To simplify the purchasing process, we decided to purchase this machine through the “state contract” option or Buyboard. Both of the local equipment dealers (John Deere and Caterpillar) are Buyboard vendors. We obtained quotes for the machine from both, to compare prices for similar machines of the different brands. The quotes that we received from both vendors were really close for very comparable equipment. The low quote was submitted by Yellowhouse Machinery (John Deere) in the amount of $ 106,200.00. The quote received from Warren Cat (Caterpillar) was $ 106,700.00, a difference of only $500.00. We looked closely at each machine and decided that they’re nearly identical with both meeting all of the specifications. Therefore, we had our operators examine each machine to determine which one they thought would best fit their needs. The operators have cited a couple of reasons why they prefer the Cat machine. They liked the cab layout and functionality better. The Cat machine has a stronger lifting capacity. Finally, Cat has always been ahead of the curve on meeting the EPA emission standards. There’s a regeneration cycle with the new engines that keeps the exhaust cleaner. With the Cat, the cycle is performed during normal operating without any operator input or hindrance. Some of the literature on the Deere has indicated that their regeneration process could take as long as 45 minutes with the machine being parked, thus potentially stopping the work being performed. If you recall, this regeneration process has caused some issues in the past with some of our newer solid waste trucks. City of Canyon  AGENDA We realize that our task is to spend the taxpayers’ money as efficiently as possible and that normally, the low bid or quote is recommended for purchase. In this case, with the quotes being so close, we believe that we get better “bang for the buck” with the more expensive equipment. Had the quote from Cat been any higher, we would probably be recommending the Deere machine for purchase. However, in this case we believe that the extra $500.00 expenditure is justified. This purchased was approved in the 2014 budget, coming from the capital equipment fund. The water distribution account will be paying the fund back with 10 installments of $14,880. The public works department recommends awarding the purchase of the new backhoe to Warren Cat in the amount of $ 106,700.00. City of Canyon