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 16th day of June, 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. Pledge of Allegiance. 3. Invocation. 4. Approval of the Minutes of the Meeting of June 2, 2014. 5. Public Forum – Comments from Interested Citizens. 6. Update from City Staff (Status of Audit, Water Usage, Mosquito Issues, New Telephone System/glitches, Canyon Named #7 in Top 15 Small Cities in Texas by Cities Journal, City Hall). 7. Consider and Take Appropriate Action Ordinance No. 1005, Proposed Restrictive Parking on 4th Avenue from 26th Street to 28th Street. 8. Consider and Take Appropriate Action on Resolution No. 09-2014 Authorizing the City of Canyon to Participate in the Panhandle Region - Regional Mutual Aid Agreement and Authorizing the Mayor to Serve as the City's Chief Representative in all Matters Pertaining to the City's Participation in This Agreement. 9. Consider and Take Appropriate Action on Resolution No. 08-2014 Granting Approval for the Canyon Chamber of Commerce to Conduct a Fireworks Show Within the City Limits of Canyon on July 4th, 2014. 10. Consider and Take Appropriate Action on 6 Month Progress Review of Substandard Structure Repair at 710 8th Street 11. Consider and Take Appropriate Action on Proposed "Speed Hump" Policy for the City of Canyon. 12. Consider and Take Appropriate Action on Ordinance No. 1007, E-Cigarettes. 13. Executive Session Pursuant to Texas Government Code §551.072 Deliberation Regarding Real Property, §551.087 Economic Development Negotiations and §551.074 Personnel Matters (City Attorney). 14. Consider and Take Appropriate Action on Items Discussed in Executive Session. 15. 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 13th day of June, 2014. Gretchen Mercer, City Clerk City of Canyon City Commission Meeting June 2, 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 Pro-Tem Jed Welch presided over the meeting with the following Commissioners in attendance: Gary Hinders , Justin Richardson and David Logan. Mayor Quinn Alexander was unable to attend. Also present were the following City Staff: City Manager Randy Criswell, City Secretary Gretchen Mercer, Business and Community Development Director Evelyn Ecker, Director of Public Works Dan Reese, Police Chief Dale Davis and City Attorney Chuck Hester. Item 1. Call to Order. Mayor Pro-Tem Welch called the meeting to order at 5:33 p.m. Item 2. Pledge of Allegiance Led by Sydney Rogers Item 3. Invocation. Commissioner Justin Richardson gave the invocation. Item 4. Approval of Minutes of the Meeting of May 19, 2014. Commissioner Logan moved, duly seconded by Commissioner Richardson, to approve the minutes of May 19, 2014. Motion carried unanimously. Item 5. Public Forum – Comments from Interested Citizens. Mr. William Canada of 2615 4th Avenue addressed the Commission. Mr. Canada stated he originally approached the City Manager Randy Criswell and Police Chief Dale Davis about parking issues in the 2600 and 2700 blocks of 4th Ave. Mr. Canada said this was a safety issue citing that the westbound traffic comes in fast and with all the vehicles parked along the side of the road, you cannot see to safely back out. Mr. Canada stated it's also a concern when trying to watch for pedestrians and bicyclists while avoiding a wreck with oncoming cars. Mr. Canada said he would like to see Ordinance No. 1005 passed when next addressed by the City Commission and requested that the Commissioners please listen to the tax payers. Mr. Canada said WTAMU students have places to park on campus and should be encouraged to use them. Mr. Canada stated he would like to see the issue addressed by designating the north side of the 2600 and 2700 blocks of 4th Avenue as no parking from 8 am to 5 pm as recommended by the Chief of Police. Mr. Aaron Hyman of 2619 4th Avenue addressed the Commission. Mr. Hyman said he lived next door to Mr. Canada and agreed with all Mr. Canada just stated. Mr. Hyman asked that the Commissioners put themselves in the scenario of attempting to back out of your own driveway when you can't see the oncoming traffic. Mr. Hyman said there was always the chance of backing into a vehicle that was moving west on 4th Avenue. Mr. Hyman then posed the question of who would get a citation for that accident to Police Chief Dale Davis. Chief Davis replied that the person backing out of the driveway would receive a citation for unsafe backing. Mr. Hyman also addressed the possibility of hitting pedestrians and bicyclists. City Commission Meeting June 2, 2014 Page 2 of 3 Item 6. Consider and Take Appropriate Action on Ordinance No. 1006, Establishment of a Municipal Court Building Security Fund. City Manager Randy Criswell presented Ordinance No. 1006 for consideration. Mr. Criswell said several weeks ago Judge Splawn brought the issue of security for the Municipal Court to the Commission. Mr. Criswell stated when a misdemeanor offense is collected, a small piece of that fine goes to the city with the majority of the fine going to the state. Mr. Criswell said the city can add specific use fines such as the technology fund or the security fund that are to be used for specific purposes. Mr. Criswell said the security fund would add a $3 fee to misdemeanor fines and can be used to set up items used to protect the Municipal Court Judge and employees as well as record the comings and goings of people in the building. Mr. Criswell stated if adopted as recommended by the Municipal Judge and staff, Ordinance No. 1006 would establish the fund. After Discussion, Commissioner Hinders moved, duly seconded by Commissioner Logan to adopt Ordinance No. 1006 as recommended. Motion carried unanimously. ORDINANCE NO. 1006 AN ORDINANCE OF THE CITY OF CANYON, TEXAS; PROVIDING FOR A MUNICIPAL COURT BUILDING SECURITY FUND; PROVIDING FOR ASSESSMENT AND COLLECTION OF A MUNICIPAL COURT BUILDING SECURITY FEE; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION AND EFFECTIVE DATE; AND ORDAINING OTHER PROVISIONS RELATED TO THE SUBJECT MATER HEREOF. Item 7. Consider and Take Appropriate Action on J Pat Stephens Honorary Internship Program. City Manager Randy Criswell presented an endowment created to honor past Commissioner J Pat Stephens. Mr. Criswell stated Mr. Stephens was a City of Canyon Commissioner for approximately 25 years and as an employee of the State (West Texas A&M University) could not collect the $25 a month paid to City Commissioners. Mr. Criswell said when Mr. Stephens retired from the City Commission, it was decided by the City Commission to take an amount of money equivalent to what he would have received, a total of $7500, and create an endowment to be used for interns to work for the city and help assist with that cost. Mr. Criswell stated the internship fizzled when Mr. Stephens Retired from teaching at WTA&M University and less students were interested in municipal jobs. Mr. Criswell introduced Kasey Long from the Finance Department at WTA&MU who brought the endowment to Mr. Criswell's attention. Ms. Long stated currently the internship program includes a scholarship but it was the desire of WTA&M University that the money be awarded as a scholarship only or a combined scholarship and internship. Ms. Long stated WTA&MU earns 5% on endowments bringing the total worth of this endowment to $16,000 today making a scholarship worth $800. Mr. Criswell said there are things an Intern could do, but the biggest area of concern with an internship program is where to put someone to work with the very limited space in City Hall. Mr. Criswell stated it would be great to resurrect something honoring such a deserving man who taught dozens of men and women who are in the city management profession. Mr. Criswell said it would be good to expose young folks to the profession. City Commission Meeting June 2, 2014 Page 3 of 3 After discussion, the City Commission instructed City Staff to modify the current agreement for consideration. Item 8. Executive Session Pursuant to Texas Government Code §551.072 Real Property, and §551.087 Economic Development Negotiations. Mayor Alexander indicated the Commission would adjourn into executive session at 5:56 p.m. Item 9. Consider and Take Appropriate Action on Items Discussed in Executive Session. Upon returning from executive session at 8:15 pm, no action was taken Item 10. Adjournment There being no further business, Commissioner Hinders moved this meeting be adjourned. __________________________ Jed Welch, Mayor Pro-Tem ATTEST: ________________________________ Gretchen Mercer, City Secretary  Top 15 Small Cities in Texas Canyon to Rockwall—396 miles Canyon to Fort Davis—397 miles 15 3 8 9 10 City Population Miles from Canyon, TX 1. Hallettsville 2,550 585 2. Canton 3,581 437 3. Fort Davis 1,000 397 Two closest cities to Canyon. 4. Rockwall 37,000 396 5. Goliad 1,975 593 6. Bastrop 7,200 521 7. Canyon 13,303 8. Fredericksburg 10,530 437 9. Marfa 1,981 417 10.Luckenbach 447 11.Wimberley 2,600 503 12.Salado 2,100 472 13.Jefferson 2,000 546 14.Rockport 8,700 674 15.Nachogdoches 32,000 541  AGENDA To: Canyon City Commission From: Dale Davis, Chief of Police Date: 06/10/2014 Re: Consider and Take Appropriate Action on Ordinance No. 1005, Proposed Restrictive Parking on 4th Avenue from 26th Street to 28th Street. A few weeks ago, the City of Canyon was approached by a resident living on the north side of the 2600 block of 4th Avenue in reference to WTA&M students parking in front of his residence. Cars are parking too close to driveway openings, causing a significant safety issue for the residents backing onto 4th Avenue, a four lane state highway. Several times each semester police are notified about blocked or near blocked driveways along 4th Avenue. To address these issues, Ordinance No.1005 has been brought before you for consideration. The ordinance would restrict parking along the 2600 and 2700 blocks of 4th avenue on the north side of the roadway. The restriction would be enforceable between the hours of 8:00 a.m. and 5:00 p.m., with the exception of Saturday, Sunday, and holidays. Questionnaires were sent out to each residence that would be affected by the new ordinance. There are six residences that would be affected by the parking restriction. Three questionnaires were returned. All returned questionnaires supported the parking restriction ordinance. The included photos are all looking in an easterly direction at oncoming traffic from the east headed west. It is my recommendation that members of the Commission approve Ordinance 1005 to restrict parking on the north side of 4th Avenue in the 2600 and 2700 blocks. Respectfully, Dale Davis Chief of Police City of Canyon  ORDINANCE NO. 1005 AN ORDINANCE OF THE CITY OF CANYON, TEXAS, AMENDING CHAPTER 75: PARKING SCHEDULES, SCHEDULE LIMITED PARKING; ESTABLISHING LIMITED PARKING ON THE NORTH SIDE OF THE 2600 BLOCK OF FOURTH AVENUE AND THE NORTH SIDE OF THE 2700 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 north side of 2600 and 2700 block of 4th Avenue located within the City limits and that such regulations should be enforced in the same manner as other regulations with 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 “No parking between the hours of 8:00 a.m. and 5:00 p.m. daily, except Saturdays, Sundays and holidays in the following areas: 2600 block of 4th Ave North Side of Street 2700 block of 4th Ave North Side of Street SECTION 2.: It shall be unlawful for any person to park a vehicle, permit or allow a vehicle to be parked, or remain in any area as described above between the hours of 8:00 a.m. and 5:00 p.m. daily, except Saturdays, Sundays and holidays. SECTION 3.: 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 by a fine of not less than Five Dollars ($5.00) nor more than Two Hundred Dollars (200.00). SECTION 4.: 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 is 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 5.: This ordinance shall be effective on and after its adoption and publication as required by law. INTRODUCED, PASSED AND ADOPTED ON JUNE 16, 2014. ______________________________ QUINN ALEXANDER, Mayor ATTEST: _______________________________ GRETCHEN MERCER, City Clerk  AGENDA To: Mayor and City Commission From: Mike Webb, Fire Chief Date: June 16, 2014 Re: Consider and Take Action on Resolution No. 09-2014, authorizing the City of Canyon to participate in the Panhandle Region - Regional Mutual Aid Agreement and Authorizing the Mayor to serve as the City’s Chief Representative in all Matters Pertaining to the City’s Participation in this Agreement. Over the past year, the Panhandle Regional Emergency Management Advisory Committee (PREMAC) has been working toward updating the original Panhandle Regional Mutual Aid Agreement (MAA), which was adopted by the City of Canyon in 2004. This update was made necessary as a result of: • HB 3178; passed during the 83rd Regular Session of the Texas Legislature. The bill made several changes to the Statewide Mutual Aid System, including the addition of a provision that, “the requesting local government entity shall reimburse the actual costs of providing mutual aidassistance to the responding local entity” … for “a response that exceeds 12 consecutive hours”. • Our current MAA has no provision for recovery of response costs. Panhandle agencies for many years exchanged mutual aid freely; understanding that the help they give another today will likely be returned in-kind the next time the incident is in their jurisdiction. FEMA has in recent rulings determined that if the region is willing to exchange no-cost mutual aid on non-declared events, that when declared disasters occur in the Panhandle, the agency won’t reimburse responding agencies for mutual aid costs. The PREMAC’s updated MAA has presented to and endorsed by the PRPC Board of Directors and is now being presented to the City of Canyon for consideration and adoption. It is staff’s recommendation that Resolution No. 09-2014 be adopted. City of Canyon  April 3, 2014 The HonorableQuinnAlexander Mayor, City of Canyon 201 16th Street Canyon, TX 79015 RE: Updated Panhandle Regional Mutual Aid Agreement Dear MayorAlexander, Over the past year, the Panhandle Regional Emergency Management Advisory Committee (PREMAC) has been working toward updating the original Panhandle Regional Mutual Aid Agreement (MAA) which was adopted by virtually every City and County in the region in 2004. This update was made necessary as a result of: • HB 3178; passed during the 83rd Regular Session of the Texas Legislature. The bill made several changes to the Statewide Mutual Aid System including the addition of a provision that, “the requesting local government entity shall reimburse the actual costs of providing mutual aid assistance to the responding local entity”…for “a response that exceeds 12 consecutive hours”. • Our current MAA has no provision for the recovery of response costs. Panhandle agencies have for many years exchanged mutual aid freely; understanding that the help they give another today will likely be returned in-kind the next time the fire is in their jurisdiction. FEMA has in recent rulings determined that if the region is willing to exchange no-cost mutual aid on non-declared events that when declared disasters occur in the Panhandle, the agency won’t reimburse responding agencies for mutual aid costs. The PREMAC’s updated MAA was finalized this month. It’s been presented to and has been endorsed by the PRPC Board of Directors and is now being sent to you for consideration of adoption by your jurisdiction. Enclosed with this letter is a memo that can be used when the updated MAA is presented to the CanyonCity Council. The memo provides more detail as to why the MAA has been updated and explains the options available for maintaining mutual aid relationships in your jurisdiction. Should the City Council elect to adopt the PREMAC’s updated MAA, then I’d ask that you scan and email a signed copy of the form back to me. The PRPC will notify the District Disaster Coordinator (the Region 1 DPS Captain) of your decision and we’ll electronically store a copy of the City’s signed agreement in the same file where the County’s Emergency Operations Plan is now being kept. That way, when it’s needed, if you can’t lay your hands on your copy, it can always be accessed by your EMC. However, you’re strongly encouraged to keep a copy of the signed form in the City’s files. 415 West Eighth Avenue P.O. Box 9257 Amarillo, TX79105 Printed on Recycled Paper (806) 372-3381 (806) 373-3268 (fax) www.theprpc.org The Panhandle MAA has served the region well since it was first created. The goal of this update is to maintain the system, more or less as it has operated since 2004, in conformance with HB 3178. Should you have questions or need more information, please give me a call at (806) 372-3381. Thank you. Sincerely, John Kiehl Regional Services Director Cc: Mike Webb, EMC Randy Criswell, City Manager  MEMORANDUM DATE: 11 June 2014 TO: City of Canyon City Commission FROM: John Kiehl, Regional Services Director SUBJECT: Updated Panhandle Regional Mutual Aid Agreement BACKGROUND: The development of the original Panhandle Regional Mutual Aid Agreement (MAA) was prompted by RP-01 (Governor’s Executive Order); signed in 2001. PRPC, working under the direction of the Panhandle Regional Emergency Management Advisory Committee (PREMAC),produced the first generation Panhandle MAA in 2004 and in time,it was adopted by each City and County in the Panhandle. Since then, the regional MAA has been exercised on frequent occasions. It was used to share resources during the million-acre fires of 2006, on the 2007 Cactus tornado, on the WillowcreekSouth/Tanglewood Complex fires of 2011 and on numerous other occasions when it was used to keep smaller incidents from morphing into more destructive events. That is the primary intent of the Panhandle MAA; to utilize regional resources, when local mutual aid assets have been exhausted, in an effort to prevent a fire or other hazard situation from growing into a disaster. Recent developments have resulted in the need to update the Panhandle MAA. During the last Legislative Session, changes were made to the Statewide Mutual Aid System (found in Chapter 418; Local Government Code). HB3178 resulted in the following changes to the Statewide system. 1. Sec. 418.1181. REIMBURSEMENT OF COSTS: REQUEST BY LOCAL GOVERNMENT ENTITY. (a) If a local government entity requests mutual aid assistance from another local government entity under the system that requires a response that exceeds 12 consecutive hours, the requesting local government entity shall reimburse the actual costs of providing mutual aid assistance to the responding local government entity, including costs for personnel, operation and maintenance of equipment, damaged equipment, food, lodging, and transportation, incurred by the responding local government entity in response to a request for reimbursement. Local government entities with a mutual aid agreement when the request for mutual aid assistance is made are subject to the agreement's terms of reimbursement, as provided by Section 418.111. 2. Sec. 418.115. REQUESTING AND PROVIDING MUTUAL AID ASSISTANCE. (a) A request for mutual aid assistance may be submitted verbally or in writing. If a request is made verbally, it must be confirmed in writing within 30 days of the date on which it’s made. 3. Section 418.114. PROCEDURES FOR MUTUAL AID. The bill repealed this section which had required state planning regions (e.g., the PRPC) to develop procedures for the provision 415 West Eighth Avenue P.O. Box 9257 Amarillo, TX79105 Printed on Recycled Paper (806) 372-3381 (806) 373-3268 (fax) www.theprpc.org  of mutual aid by political subdivisions within the planning region in response to a request by another political subdivision in the region or outside of the region, or by the state. On recent large fires, when FEMA was asked to provide Fire Management Assistance Grant (FMAG) assistance to cover the costs of the agencies that participated in the response, FEMA would not reimburse the responding agencies. The agency denied those costs on the basis of the fact that on ordinary events; Panhandle agencies were helping each other out at no cost. FEMA basically determined that Panhandle response agencies could not pick and choose the events on which they would seek reimbursement. Because the 2004 MAA essentially allowed for the free exchange of mutual aid between Panhandle agencies; FEMA wants FMAG events to be treated the same way. Therefore, with the Willowcreek South Complex/Tanglewood Complex fires of 2011, FEMA denied reimbursement to the agencies outside of Potter/Randall counties that assisted in putting out those fires. According to the HB3178 bill analysis, this was also one of the primary reasons why Chapter 418 was recently modified. The PRPC’s PREMAC has been working on the update of the Panhandle MAA since HB3178 was enacted. The updated agreement, which is attached to this memo, was finally approved in March. It’s been endorsed by the PRPC Board of Directors for regional use and it’s now coming to you for your consideration of adoption. The most notable change in this updated version is that as with the recently modified Statewide Mutual Aid System, the Panhandle MAA now contains a provision for the payment of response costs when a response agency is asked to stay on scene for a period that exceeds twelve (12) consecutive hours. Even though HB3178 removed the obligation for planning regions to maintain procedures for the exchange of regional mutual aid; the PREMAC thought it was important that the Panhandle MAA be updated and continued to be used in the region. Here are several reasons as to why they decided to do so. • Regional mutual aid agreements have not worked as well in other areas of the State as this one has in the Texas Panhandle. People that live outside the Panhandle are often struck by how well the region’s agencies/local governments work together. The Panhandle MAA simply builds off the cooperative nature inherent to the Panhandle. The original MAA has proven its value on many previous occasions. The PREMAC believes this updated MAA will continue to do the same. • It was inevitable that as some point, language concerning response cost recovery was going to have to be added to the MAA. However, in this instance, the PREMAC has done so in a way in which those costs can be easily managed and contained. A 12-hour operational period was added to the Statewide Mutual Aid System without a clear definition as to what that actually meant. With this update, the PREMAC has given a regional definition to the term. The 12-hour period starts when a response team checks in on-scene and ends when they determine its time to go or when they’re released by the Incident Manager. Putting these parameters on the definition will make it much easier for an Incident Manager to schedule teams on/off an incident. Understand that the cost provision of the updated MAA will only kick-in after the 12th consecutive on-scene hour. So, as long as a team is released before the end of the 12th hour; the MAA can still operate more or less as it has since 2004. • The provisions of the Statewide Mutual Aid, codified in Chapter 418and which can also befound at http://txwarn.org/pdf/StatewideMutualAidAgreement.pdf, are not as clearly 415 West Eighth Avenue P.O. Box 9257 Amarillo, TX79105 Printed on Recycled Paper (806) 372-3381 (806) 373-3268 (fax) www.theprpc.org  articulated as they are in the updated MAA. Because it’s not used on a daily basis, the PREMAC wanted the regional MAA to provide straightforward guidance to the region’s Chief Elected Officials so that when it is needed, it can be activated without the need for legal translation. Jurisdictions are still strongly encouraged to maintain normal mutual aid relationships with their neighboring jurisdictions (as you have now for years). The regional MAA is only intended to be used on events that exceed your local response capabilities (including those you have through your normal mutual aid agreements). Now in regard to your options for maintaining mutual aid beyond your normal agreements, you basically have two choices. You can either renew your participation in the Panhandle Regional MAA or you can simply rely on the Statewide Mutual Aid System; the choice is yours. Given that it has been updated, this new version of the Panhandle MAA supersedes the original version so the old version no longer exists. In any event, the local Disaster District Chair (DDC – the DPS Captain for the Panhandle region) needs to be notified of your decision. Again, this is something you can do yourself or if you’d like, PRPC staff will assist you in doing so. If you elect to adopt the updated Panhandle MAA, please email or fax a signed copy of the adopting resolution and the Participation Notification Form to the PRPC. Copies of those documents will be forwarded to the DDC. A copy will also be electronically stored in PARIS along with the Emergency Operations Plan for your County. That way, a copy will always be available and accessible to your EMC whenever it’s needed. Signed copies of the documents can either be emailed to jkiehl@theprpc.org or faxed to (806) 373-3268. If you feel it’s in the better interest of your jurisdiction to simply rely on the updated Statewide Mutual Aid Plan, if you would, please let us know that as well. If you want us to pass that information onto the DDC we will but in so doing, you’ll also be confirming that you will no longer be participating in the regional MAA. Given that we’ve already had several large fire incidents occur this year in the region, it’s timely that this discussion on regional (or Statewide) mutual aid be revived; this could be another active fire season. In closing, the regional MAA has always contained a provision that would allow a jurisdiction to withdraw from the agreement and that continues to be the case with this updated MAA. However, in the ten years in which it has existed, no jurisdiction has elected to withdraw from the regional agreement. RECOMMENDATION: It’s recommended that the City Commission of the City of Canyon consider the adoption of the PRPC PREMAC’s 2014 Updated Panhandle Regional Mutual Aid Agreement and take whatever action it deems appropriate.  Panhandle Region MAA Revised: March 2014 PANHANDLE REGION (TEXAS STATE PLANNING REGION 1) MUTAL AID AGREEMENT This Mutual Aid Agreement (the "Agreement") is made by and between the cities and counties of the Texas State Planning Region 1 (as designated by the Governor’s Office) and for the purpose of this document referred to as the "PRPC COG” or “COG"), who have, by resolution of their governing body, adopted and joined themselves to this Agreement as a participating party (the “Parties”). RECITALS A. The impacts of natural and man-caused disasters have heightened our awareness that emergency planning is essential for the public health, safety, and welfare, and have fortified our resolve to effectively respond to disasters. B. The Parties recognize the vulnerability of the people and communities located within the Region to damage, injury, and loss of life and property resulting from disasters and/or civil emergencies and recognize that disasters and/or civil emergencies may present equipment and manpower requirements beyond the capacity of each individual Party. C. The Parties recognize that in the past, mutual aid has been provided between or among the Parties in the form of personnel, supplies and equipment during disasters and/or civil emergencies as well as during recovery periods. D. The governing officials of the Parties desire to secure for each Party the benefits of mutual aid and protection of life and property in the event of a disaster and/or civil emergency. E. The Parties hereto wish to make suitable arrangements for furnishing mutual aid in coping with disasters and/or civil emergencies and are so authorized and make this Agreement pursuant to Chapter 791, Texas Government Code (Interlocal Cooperation Act) Chapter 418, Texas Government Code (Texas Disaster Act of 1975) as amended and the Robert T. Stafford Disaster Relief and Emergency Assistance Act.. F. The Parties desire to make such arrangements in a manner consistent with the Texas Statewide Mutual Aid System but tailored to support the mutual aid working relations that have traditionally served the jurisdictions in Texas State Planning Region 1. G. The Parties recognize that a formal agreement for mutual aid would allow for better coordination of effort, would provide that to the extent possible, adequate equipment is available, and would help ensure that mutual aid is accomplished in the minimum time possible, and thus desire to enter into an agreement to provide mutual aid. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants herein, the participating Parties, authorized by appropriate actions of their governing, bodies, hereby agree as follows: Page 1 of 10  Panhandle Region MAA Revised: March 2014 1. Purpose. The purpose of this Agreement is to establish the terms and conditions by which a Requesting Party may request aid and assistance from one or more Responding Parties in responding to an emergency or disaster that exceeds the resources available in the Requesting Party’s jurisdiction or through the Requesting Party’s local mutual aid agreements, should such agreement(s) exist. 2. Previous Agreement. This Agreement replaces the previous Regional Mutual Aid Agreement created for Texas State Planning Region 1 in March 2004. 3. Legal Authority. This Agreement is made pursuant to the authority of Chapters 418, 433 and 791 of the Texas Government Code, Chapter 362 of the TexasLocal Government Code, and all other constitutional and statutory provisions which may provide authority for any of the Parties. 4. Definitions. “Civil emergency” means an unforeseen combination of circumstances or the resulting consequences thereof within the geographic limits of a given jurisdiction that calls for immediate action or for which there is an urgent need for assistance or relief to protect the general citizenry. In accordance with Section 362.002, Texas Local Government Code, law enforcement “assistance may be provided only when the mayor or other officer authorized to declare a state of civil emergency in the other county, municipality, or joint airport considers additional law enforcement officers necessary to protect health, life, and property in the county, municipality, or joint airport because of disaster, riot, threat of concealed explosives, or unlawful assembly characterized by force and violence or the threat of force and violence by three or more persons acting together or without lawful authority.” “Declaration of Local Disaster” means an official statement issued by a jurisdiction’s Emergency Management Director or his/her authorized designee to declare that a state of emergency exists in the jurisdiction, or part thereof, as a result of natural or man-caused conditions which may present severe threats to life and property of the residents therein. "Disaster Assistance" means the provision of emergency management, police, fire, emergency medical, utility, street, debris removal, and/or other related services, without limitation, during a disaster. “Disaster", consistent with the definition in Section 418.004 of the Texas Government Code, means the occurrence or imminent threat of widespread or severe damage, injury, of loss of life or property resulting from any natural or man-made cause, including fire, flood, earthquake, wind, storm, wave action, oil spill or other water contamination, volcanic activity, epidemic, air contamination, blight, drought, infestation, explosion, riot, hostile military or paramilitary action, other public calamity requiring emergency action, or energy emergency (as that term is defined in Chapter 418 of the Texas Government Code), within the jurisdiction of any of the Parties. The Parties agree that an act of terrorism is contemplated within the definition of "disaster" as that word is defined in Section 418.004 of the Texas Government Code. "Disaster" does not include ordinary emergencies, such as a small localized hazardous material spills, which have historically been handled in the normal course of government operations by the Parties. Page 2 of 10  Panhandle Region MAA Revised: March 2014 “Disaster District Committee Chairman or DDC” means the Chairman of the region’s Disaster District. Disaster Districts are Texas’ regional emergency management organizations that serve as the initial source of state emergency assistance for local governments. The Chairman, who is the local Texas Highway Patrol commander, directs each District and will, when requested, facilitate the identification, mobilization, and deployment of personnel, equipment, supplies, and technical support in response to requests for emergency assistance from local governments. “Incident Command System or ICS” means a set of personnel, policies, procedures, facilities, and equipment, integrated into a common organizational structure designed to improve emergency response operations of all types and complexities. ICS is a sub-component of NIMS. “Incident Commander” means the person responsible for all aspects of an emergency response; including quickly developing incident objectives (incident action plans), managing all incident operations, application of resources as well as responsibility for all persons involved. “Panhandle Multi-Agency Coordination Center or PMACC” means the organizational structure developed and managed by the PRPC’s Panhandle Regional Emergency Management Advisory Committee (PREMAC) to facilitate the filling of mutual aid resource and asset requests, to the extent possible, during large-scale emergencies or disasters in the Panhandle region. The MACC works in coordination with the DDC. “Mutual Aid” means resources such as personnel, equipment, services and/or supplies which are provided across jurisdictional boundaries by the Responding Party to the Requesting Party under a reciprocal agreement. “National Incident Management System or NIMS” means a system prescribed by Homeland Security Presidential Directive 5 to coordinate emergency preparedness and incident management among various federal, state, and local agencies. NIMS provides a uniform nationwide approach to work effectively and efficiently together to prepare for, respond to, and recover from domestic incidents no matter what the cause, size or complexity, including catastrophic acts of terrorism and disasters. “Operational Period” meansthe period of time scheduled for the execution of a given set of operational actions such as those specified in the Incident Commander’s incident action plan. “Requesting Party” means the Party receiving mutual aid or assistance from a Responding Party which is providing the mutual aid or assistance at the request of the Requesting Party. “Responding Party” means the Party that has received a request to furnish mutual aid or assistance from another Party and has agreed to provide the same. “Unified Command” means an group that consists of the Incident Commanders from the various jurisdictions or organizations involved with a disaster response joining together to form a single command structure. “WebEOC©” means a specific named web-enabled crisis information management system that allows for real-time information sharing. WebEOC© provides a method for expedient information exchange between organizations, within and across disciplines and geographic regions regarding the actual status of events as they are occurring. Page 3 of 10  Panhandle Region MAA Revised: March 2014 5. Request for Assistance. The request for assistance: a. will be made only after the Requesting Party’s response assets and those assets available through the Requesting Party’s local mutual aid agreements, if such other agreement(s) exist, have been fully committed to the emergency or disaster response; b. will be made after a Declaration of Local Disaster by a Requesting Party pursuant to Section 418.108, Texas Government Code, or after a proclamation of a State of Emergency under Section 433.001, Texas Government Code; c. will be made by the highest ranking authority of the Requesting Partyavailable at the time of need or as provided under sub-part e. below; d. will be made to the highest ranking authority of the Responding Party available at the time of need or as provided under sub-part e. below; e. may be made by the highest ranking authority of the Requesting Party to the DDC or to DDC’s designated authorized representative who may in turn activate the PMACC to assist in filling the mutual aid request(s); f. will specify to the greatest extent possible the location to which the resources are to be dispatched, the nature of the problem requiring assistance, the resources requested, and the specific time the resources will be needed; g. may be made verbally or in writing; however, if a request is made verbally, it must be confirmed in writing as soon as practical thereafter the verbal request is made; and h. should, when made in writing or later confirmed in writing, to the extent technically possible, utilize the State of Texas Assistance Request (STAR) form found in WebEOC© to document the request. 5b. Response to Request for Assistance. Notwithstanding anything in this Agreement, the decision as to whether or not to respond in any particular situation or the level of response requested is at the sole discretion of the representative of the Responding Party making the decision. The Responding Party's representative will make a discretionary decision at the time of the request, considering the nature and magnitude of the request, whether and to what extent the Responding Party's resources are available and should be provided and subject to availability that does not disrupt properservice to its own jurisdiction. 6. Parties’ Emergency Management Plan. Each Party shall prepare and keep current an emergency management plan for its jurisdiction to provide for emergency/disaster mitigation, preparedness, response and recovery, in accordance with Chapter 418 of the Texas Government Code. The emergency management plan shall incorporate the use of available resources, including personnel, equipment and supplies, necessary to provide mutual aid. The emergency management plan shall be submitted to the Texas Division of Emergency Management. 7. Emergency Management Director. The County Judge of each county or Mayor of each city participating in this Agreement shall serve as the Emergency Management Director for his/her respective jurisdiction and shall take all steps necessary for the implementation of this Agreement. Page 4 of 10  Panhandle Region MAA Revised: March 2014 Each Emergency Management Director may designate an Emergency Management Coordinator who shall serve as an assistant to the presiding officer of the political subdivision for emergency management purposes. 8. Incident Command. (a) Each Party will have an incident command system in place. The Requesting Party will designate an Incident Commander. Resources provided by the Responding Party will be under the direction of the Requesting Party’s Incident Commander, unless the Incident Commander based on the facts and conditions at the scene of operation, requests that the Responding Party take charge of the operation based on superior resources, expertise, or other valid reason. In order to realize maximum effectiveness, it is the intention of the Parties that to the extent possible, responses will be made under a unified command with the highest degree of coordination possible under the circumstances. (b) The Incident Commander of the Responding Party shall report to the Requesting Party’s Incident Commander at the location to which the mutual aid resources are dispatched. (c) A Responding Party shall be released by the Incident Commander when the services of the Responding Entity are no longer required or when the officer in charge of the Responding Party's forces determines, in the officer's sole discretion, that further assistance should no longer be provided. (d) Responding personnel must meet the minimum standards for their position as established by their jurisdiction. (e) If there is a conflict between the operating procedures and professional standards of the Responding Party and the Requesting Party, the operating procedures and professional standards of the RespondingParty will control the use of the Responding Party’s assets and personnel. 9. Training and Exercises. The Parties will ensure that their personnel and appropriate officials are properly trained in ICS and NIMS and will endeavor to actively participate in multi-jurisdictional training exercises and drills for the typeof emergency response situations which may result in a request under this Agreement. 10. Other Mutual Aid Agreements, Supplementary Agreements and Protocols.The Parties are encouraged, all or some, to enter into additional agreements and protocols governing response to particular situations and circumstances. Operating departments of the Parties (for example, fire and police) are authorized and encouraged to enter into specific emergency protocols with their counterparts to enhance coordination in disaster response situations. Notwithstanding the foregoing, it is understood and agreed that certain signatory Parties may have heretofore contracted or may hereafter contract with each other for mutual aid in disaster situations, and it is agreed that this Agreement shall be subordinate to any such individual contract. To assist each other in the process of mutual aid response planning, each Party agrees to inform the other Parties of all mutual aid agreements that each Party has with other municipalities, entities, counties, and state or federal agencies. Page 5 of 10  Panhandle Region MAA Revised: March 2014 Specifically, the existence of this Agreement shall not prevent a municipality, county, rural fire prevention district, emergency services district, fire protection agency, organized volunteer group, or other emergency services entity from providing mutual aid assistance on request from another municipality, county, rural fire prevention district, emergency services district, fire protection agency, organized volunteer group, or other emergency - services entity, in accordance with the provisions in Section 418.109 (d) of the Texas Government Code. Additionally, the existence of this Agreement shall not prevent any Local Government which is a Party hereto from providing emergency assistance to another Local Government which is not a party hereto, in accordance with the provisions in Section 791.027 of the Texas Government Code. 11. Responsibility for Response Costs. The Parties to this Agreement concur that the Requesting Party shall not be required to reimburse a Responding Party for response costs incurred during the first 12-hour Operational Period. The Requesting Party will be required to reimburse for response services delivered by the Responding Party after the first Operational Period. For the purpose of this Agreement an Operational Period begins when the Responding Party checks in at the scene of operation and ends when the Responding Party is released by the Incident Commander or leaves the scene of its own volition (per Paragraph 8, Sub- part (c) above). If a Responding Party has not been released by the Requesting Party’s Incident Commander and incurs costs beyond the first Operational Period, the Requesting Party will make reimbursement as soon as practical thereafter following the receipt of a claim by the Responding Party. The claim may include documented costs for personnel, operation and maintenance of equipment, damaged equipment, food, lodging, and transportation incurred in providing the mutual aid assistance requested by the Requesting Party. If after 90 days from the receipt of said claim, reimbursement has not been made then, the Responding Party may contact the Requesting Party to work out a mutually-agreeable payment schedule for settling the claim. In the event of a dispute regarding a request for reimbursement, both parties agree to submit the matter to mediation using a mediator acceptable to both parties. Personnel who are assigned, designated or ordered by their governing body to perform duties pursuant to this Agreement shall continue to receive from the Responding Party the same wages, salary, pension, and other compensation and benefits for the performance of such duties, including injury or death benefits, disability payments, and worker's compensation benefits, as though the service had been rendered within the limits of the jurisdiction where the personnel are regularly employed. Agencies or organizations that self-deploy to an emergency or disaster scene, without having been requested by the Requesting Party in accordance with Paragraph 5 above, will not be eligible for reimbursement; regardless of the amount of time spent at the scene. Self-deploying agencies or organizations may be instructed by the Incident Commander to leave the scene. Page 6 of 10  Panhandle Region MAA Revised: March 2014 12. Participation Notice. Each Party shall notify the PRPC COG Executive Director of its participation in this Agreement by furnishing an executed original of the attached Participation Notice. 13. Administrative Services. The PRPC COG agrees to provide administrative services necessary to coordinate this Agreement, including notifying Parties of new participants and withdrawals and providing all Parties, in a routine, timely manner, with a current list of contact information for each Party. 14. Federal and State Participation.Federal and state entities may participate in this Agreement, to the extent of any limitations of their authority, by furnishing an executed original of the attached Participation Notice to the PRPC COG Executive Director. 15. Adjacent County Participation.Jurisdictions and agencies in counties adjacent to but outside of Texas State Planning Region 1, including those in Oklahoma and New Mexico that have traditionally exchanged mutual aid with jurisdictions and agencies inside Texas State Planning Region 1 may participate in this Agreement, to the extent of any limitations of their authority, by furnishing an executed original of the attached Participation Notice to the PRPC COG Executive Director. 16. Inventory and Database. A database of mutual aid resources available for response under this Agreement will be managed and maintained by the COG and made accessible to the participating Parties on a timely basis. The PRPC COG has developed a web-based asset management system, called the Panhandle Area Regional Information System or PARIS, which now enables each Party to register and manage their own response asset information either for their sole benefit and/or for the benefit of other Parties in times of emergency or disaster. PARIS is used to support the mutual aid resource request-filling functions of the PMACC and the more complete and current the PARIS database, the more effective the PMACC can be in fulfilling mutual aid requests. As such, all Parties to this Agreement are strongly encouraged to maintain their mutual aid response asset information in PARIS. The PRPC COG will ensure that periodic reminders are sent to the Parties to prompt them to update their information, place any new resource information into PARIS, and take other actions reasonably necessary to ensure the accessibility of the information. The PARIS mutual aid resource information will be restricted for use solely by the current Parties participating in this Agreement. 17. Withdrawal. A Party may withdraw from this Agreement at any time by written notice to the COG Executive Director, transmitting a copy of the action of the Party's governing body. The Party withdrawing from this Agreement will still be responsible for any outstanding reimbursement claims for previously rendered disaster assistance. 18. Not for Benefit of Third Parties. This Agreement and all activities hereunder are solely for the benefit of the Parties and not the benefit of any third party. 19. Exercise of Police Power. This Agreement and all activities hereunder are undertaken solely as an exercise of the police power of the Parties, exercised for the health, safety, and welfare of the public generally, and not for the benefit of any particular person or persons and the Parties shall not have nor be deemed to have any duty to any particular person or persons. Page 7 of 10  Panhandle Region MAA Revised: March 2014 20. Immunity not Waived. Nothing in this Agreement is intended, normay it be deemed, to waive any governmental, official, or other immunity or defense of any of the Parties or their officers, employees, representatives, and agents as a result of the execution of this Agreement and the performance of the covenants contained herein. 21. Civil Liability to Third Parties. Each Responding Party and RequestingParty will be responsible for any civil liability for its own actions and will determine what level, if any, of insurance or self-insurance it should maintain for such situations. 22. Waiver of Claims Against Parties; Immunity Retained. The Parties agree that they shall not be liable to each other, and hereby waive all claims against the other Parties, for compensation for any loss, damage, including attorney’s fees and interest personal injury, or death occurring as a consequence of the performance of the Agreement, except those caused in whole or in part by the gross negligence or intentional act of any officer, employee, or agent of another party. No Party waives or relinquishes any immunity or defense it may enjoy under state law and specifically Section 421.062 of the Texas Government Code for the furnishing of a homeland security activity as that term is defined in Chapter 421 of the Texas Government Code on behalf of itself, its officers, employees and agents for the performance of an activity under this Agreement. 23. Insurance. To the extent possible, each Party under this Agreement will maintain the following insurance coverages at the appropriate levels: (a) Worker’s Compensation Coverage: Each Party shall be responsible for its own actions and those of its employees and is responsible for complying with the Texas Workers’ Compensation Act. (b) Automobile Liability Coverage: Each Party shall be responsible for its own actions and is responsible for complying with the Texas motor vehicle financial responsibility laws. To the extent permitted by law and without waiving sovereign immunity, each Party shall be responsible for any and all claims, demands, suits, actions, damages, and causes of actions related to or arising out of or in any way connected with its own actions and the actions of its personnel in providing mutual aid assistance rendered or performed pursuant to the terms and conditions of this Agreement. Each Party agrees to obtain general liability and Public Official’s liability insurance, if applicable, or maintain a comparable self-insurance program. 24. Equipment and Personnel. During the time mutual aid is being furnished, all equipment used by the Party rendering aid shall continue to be owned, leased, or rented by the Party rendering aid. At all times while equipment and personnel of a Party rendering aid are traveling to, from, or within the geographical limits of the Requesting Party in accordance with the terms of this Agreement, such personnel and equipment shall be deemed to be employed or used, as the case may be, in the full line and cause of duty of the Party rendering aid. In addition, such personnel shall be deemed to be engaged in a governmental function of their entity. 25. Expending Funds. Each Party that performs services or furnishes aid pursuant to this Agreement shall do so with funds available from current revenues of the Party. Page 8 of 10  Panhandle Region MAA Revised: March 2014 No Party shall have any liability for the failure to expend funds to provide aid hereunder. 26. Term. This Agreement shall become effective as to each Party when approved and executed by that Party. This Agreement shall continue in force and remain binding on each and every Party until such time as the governing body of a Party terminates its participation in this Agreement pursuant to Paragraph 17 of this Agreement. Withdrawal from participation in this Agreement by a Party(ies) shall not affect the continued operation of this Agreement between and among the remaining Parties and this Agreement shall continue in force and remain binding on the remaining Parties. 27. Maintenance and Review of the Agreement.With PRPC Administrative Regulation #36, the PRPC Board of Directors has charged the Panhandle Regional Emergency Management Advisory Committee (PREMAC) with providing “general direction to foster the development and maintenance of a region-wide system of Mutual Aid”. The PREMAC will review this Agreement at least every five years, from the date of its adoption by the PRPC Board, to ensure its continued relevance and conformance with State/Federal legislation and policies. Any future changes or revisions recommended by the PREMAC will be presented to the PRPC Board of Directors for consideration of approval. Upon approval, the changes or revisions will be disseminated to the Parties who then at their discretion, ratify the changes or revisions or withdraw from this Agreement per Paragraph 17. 28. Amendments to Agreement. This Agreement may not be amended without the lawful action of the governing bodies of the Parties. No officer or employee of any of the Parties shall have authority to waive or otherwise modify the obligations in this Agreement, without the express action of the governing body of the Party. 29. Interlocal Cooperation Act. The Parties agree that mutual aid in the context contemplated herein is a "governmental function and service" and that the Parties are "local governments" as that term is defined herein and in the Interlocal Cooperation Act. 30. Entirety. This Agreement contains all commitments and agreements of the Parties with respect to the mutual aid to be rendered hereunder during or in connection with a disaster. No other oral or written commitments of the Parties with respect to mutual aid under this Agreement shall have any force or effect if not contained herein, except as provided in Section 6 above. 31. Severability. If a provision contained in this Agreement is held invalid for any reason, the invalidity does not affect other provisions of the Agreement that can be given effect without the invalid provision, and to this end the provisions of this Agreement are severable. 32. Validity and Enforceability. If any current or future legal limitations affect the validity or enforceability of a provision of this Agreement, then the legal limitations are made a part of this Agreement and shall operate to amend this Agreement to the minimum extent necessary to bring this Agreement into conformitywith the requirements of the limitations, and so modified, this Agreement shall continue in full force and effect. Page 9 of 10  Panhandle Region MAA Revised: March 2014 33. Representation of Authority. The Agreement has been officially authorized by the governing body of each Party hereto and each signatory to this Agreement represents that the signatory has full authority to execute this Agreement and to legally bind the respective Party to this Agreement. 34. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Texas. Venue for an action arising under this Agreement shall be in accordance with the Texas Rules of Civil Procedure. 35. Captions. Captions to the provisions of this Agreement are for convenience and shall not be considered in the interpretation of the provisions. THE REST OF THIS PAGE LEFT INTENTIONALLY BLANK Page 10 of 10  RESOLUTION NO.09-2014 A RESOLUTION BY THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS, AUTHORIZING THE CITY‘S PARTICIPATION IN THE PANHANDLE REGION (TEXAS STATE PLANNING REGION 1) REGIONAL MUTUAL AID AGREEMENT AND DESIGNATING THE MAYOR TO SERVE AS THE CITY‘S CHIEF REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY’S PARTICIPATION IN THIS AGREEMENT. WHEREAS, the City of Canyon is vulnerable to disasters, both man-made and natural, which pose a threat to the welfare and safety of the City’s residents and their property; and WHEREAS, in the event of a large-scale disaster, the City of Canyon could be faced with a situation that exceeds its capacity to effectively respond to the incident thereby placing residents and their property at greater risk; and WHEREAS, this same limitation impacts localities across the Texas Panhandle; and WHEREAS, it would benefit the City of Canyon, as well as the other localities of the region, if during times of exigency, disaster assistance could be shared by and between those localities, as needed and available, to affect a higher, more appropriate level of response; and WHEREAS, the Panhandle Region (Texas State Planning Region 1) Mutual Aid Agreement was developed to provide for the sharing of disaster assistance among the localities of the region, as needed and available, to afford all residents of the Panhandle a greater degree of protection; and WHEREAS, the City of Canyon finds that it is in the best interest of its residents to participate in the Panhandle Region (Texas State Planning Region 1) Mutual Aid Agreement. NOW THEREFORE, be it resolved by the City Commission of the City of Canyon, Texas, that: 1. The City is hereby authorized to join itself as a party to the Panhandle Region (Texas State Planning Region 1) Mutual Aid Agreement. 2. The Mayor, as the City’s Emergency Management Director, is designated to serve as the City’s Chief Representative in all matters pertaining to its participation in this Agreement. 3. The City agrees to abide by the terms of this Agreement insomuch as it benefits the welfare and safety of our residents and their property. CONSIDERED AND APPROVED THIS 16th DAY OF June, 2014. QuinnAlexander, Mayor City of Canyon, Texas ATTEST: Gretchen Mercer, City Clerk City of Canyon, Texas  PARTICIPATION NOTIFICATION FORM I hereby notify the Panhandle Regional Planning Commission, for its notification to its members, that the City of Canyon has approved participation in the Updated Panhandle Region (Texas State Planning Region 1) Regional Mutual Aid Agreement, by resolution of its governing body, a true copy of which is attached and incorporated herein. By: Signature QuinnAlexander Printed Name Mayor, City of Canyon Title Date  AGENDA To: Mayor and City Commission From: Mike Webb, Fire Chief Date: June 16, 2014 Re: Consider and Take Action on Resolution No. 08-2014, Granting Approval for the Canyon Chamber of Commerce to Conduct a Fireworks Show within the City Limits of Canyon on July 4th, 2014. The City of Canyon has received a request from the Canyon Chamber of Commerce for permission to conduct their annual 4th of July fireworks display on city property, just north of Kimbrough Stadium. As you know, the possession and use of fireworks inside the city limits is prohibited by City Ordinance and in order for the Chamber to do this, the City Commission will have to grant permission for the display to take place. It is staff’s recommendation that Resolution No. 08-2014 be adopted. City of Canyon  RESOLUTION NO. 10-2014 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS, GRANTING APPROVAL FOR THE CANYON CHAMBER OF COMMERCE TO CONDUCT A FIREWORKS SHOW WITHIN THE CITY LIMITS OF CANYON JULY 4, 2014. WHEREAS, The 4th of July 2014 Fireworks show conducted by the Canyon Chamber of Commerce will be conducted on city property north of Buffalo Stadium within the City of Canyon City Limits; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS: That the City Commission of the City of Canyon hereby grants permission to the Canyon Chamber of Commerce to conduct a fireworks show within the city limits of Canyon Friday, July 4, 2014. PASSED AND APPROVED this 16th day of June 2014. QUINN ALEXANDER, MAYOR ATTEST: ____ GRETCHEN MERCER, CITY CLERK  AGENDA To: Mayor and City Commission From: Danny Cornelius, Director of Code Enforcement Date: May 27, 2014 Re: Consider and Take Appropriate Action on 6 Month Progress Review of Substandard Structure Repair at 710 8th St. The commission held a public hearing to consider the abatement or repair of the substandard structure at 710 8th St during the December 9, 2013 meeting. The current owner, Mark Pinkerton, submitted the attached two phase restoration plan. The commission voted to approve the Phase 1 time line of 10 months with a 6 month progress review. At this point, Mr. Pinkerton is working on the roof. He has cleaned out the house and cleaned the lot. The electrical service has been replaced. The work has not progressed as fast as I had hoped. However, I will admit the wind has kept him off the roof several days and cleaning the interior was a big job. I have attached a few before and after photos comparing the exterior conditions from December 4, 2013 and May 23, 2014. It is my recommendation that Mr. Pinkerton be allowed to continue with the restoration. City of Canyon December 4, 2013 May 23, 2014 December 4, 2013 May 23, 2014 December 4, 2013 May 23, 2014 December 4, 2013 May 23, 2014  AGENDA To: Canyon City Commission From: Dale Davis Date: 06/10/2013 Re: Consider and Take Appropriate Action on Proposed “Speed Hump” policy for the City of Canyon. Each year the City of Canyon is asked to install speed humps at various locations in town to slow traffic speeds. To date, there is no policy in place that provides any guidelines on the installation of speed humps. There are many communities across Texas that has policies in place that outlines various criteria pertaining to speed humps installation etc. These communities include Amarillo, Austin, San Antonio, and many others. The policy before you includes many guidelines that were taken from speed hump policies I researched. The public works director, and myself, have drafted a policy that best fits the City of Canyon. We present this policy to you for your consideration and passage, if you so desire. Respectfully, Dale Davis Chief of Police City of Canyon  City of Canyon Speed Hump Policy The City of Canyon receives frequent complaints regarding speeding vehicles on residential streets. Residents in such areas are concerned about the potential for personal injury and property damage as a result of speeding traffic. Neighborhood groups often times see all-way stop controls as the best solution to reducing speeding and cut-through traffic problems. Unwarranted installations of this type of traffic control must be approached cautiously due to the disrespect of traffic signs. Enforcement of the speed limit by the Police Department is the most effective means for reducing speeds; however, limited resources do not allow such enforcement on a regular and permanent basis. To overcome these problems many cities are focusing on alternative neighborhood traffic control measures. Some such “traffic calming” devices include traffic circles, speed humps, diverters, and cul-de-sacs. These alternative traffic management measures have been effectively used to address residential area traffic problems in many cities. The City of Canyon recognizes the usefulness of alternative traffic control measures in solving neighborhood traffic problems. Working toward program objectives, this report focuses on speed hump installation on neighborhood streets experiencing frequent speeding problems. The speed hump program guidelines which are outlined provide a basis for establishing the installation criteria for speed humps. 1. General The purpose of this policy is to provide guidelines for the application of speed humps, a relatively new approach to control vehicular traffic speeds along a roadway. A speed hump, or roadway undulation, is a gradual rise and fall of pavement surface across the width of the roadway. A speed hump differs from a speed “bump”, which is more abrupt. Due to gentle vehicle rocking, speed humps cause some driver discomfort and result in most vehicles slowing down at humps and between properly spaced successive humps. In order for speed hump installation to be effective, their provision should be in accordance with established transportation engineering criteria and documented facts. As is the case with all traffic control devices, proper installation will encourage compliance and safe driving practices. This policy provides criteria and procedures for installation of safe and effective speed humps. As this is a new program, the City of Canyon reserves the right to change any or all of the criteria and procedures in this guidelines if deemed necessary. 2. Eligibility Requirements All of the following criteria should be satisfied for a street to be considered eligible for speed hump installation. A. Initial Request for installation of Speed Humps The initial request for the installation of speed humps shall originate from a representative or the property owners on a segment of the street or neighborhood group. The request should be in writing and forwarded to the following address;  City of Canyon Street Department C/O Public Works Director 301 16th Street Canyon, Texas 79015 The City of Canyon Public Works Director and Chief of Police shall make a preliminary determination of eligibility. If it is determined that the street meets majority of the speed hump placement criteria, a more comprehensive study shall be conducted. 1. Street Department Responsibilities The City of Canyon street department shall collect traffic volume data over a 24 hour period. The Public Works director has the authority to authorize a transportation engineering study, if warranted. The Public Works director or his designate shall give written notice to the applicant representative if it is determined that the street is ineligible for speed humps. The notice shall outline the reasons for the ineligibility. 2. Police Department Responsibilities The police department shall conduct a speed study during specific time periods set by the Chief of Police. An analysis of traffic accidents shall be conducted by the Chief of Police or his designate. If the street is determined to be eligible for consideration for the installation of speed humps, the City staff shall define the petition area, speed hump locations, and the cost of installation. B. Petition 1. A petition from the residents and business owners documenting that at least two-thirds of all households and businesses adjacent to the project street support the installation of speed humps. 2. The petition area may be extended to include nearby streets, which may see an increase in traffic as a result of this project. This petition area will be determined by City staff. 3. Petition documents shall be supplied by the Public Works Director for the City of Canyon. 4. The petition should be mailed or hand delivered back to: City of Canyon Street Department C/O Public Works Director 301 16th Street Canyon, Texas 79015 C. Speed Hump Placement Criteria 1. The street shall provide access to abutting residential and/or commercial properties. Residential properties include multiple dwellings such as apartment complexes. 2. The street must be less than 40’ wide, and shall not have more than one traffic lane in each direction. 3. The street shall have a regulatory speed limit of 30 mph or less, as determined in accordance with the State Law. 4. The 85th percentile speed on the street section must be at least 35 mph or 5 mph over the regulatory speed limit. 5. The speed humps should not be located in a horizontal curve, on vertical curves where visibility of the hump is restricted, or on the approaches to these curves. 6. The street shall have curb and gutter. 7. The longitudinal street grade is less than or equal to 5%. 8. Speed hump installation should not cause excessive diversion of traffic to other residential streets. 9. The street must be “primarily residential” with at least two-thirds of the affected street frontage being in a residential zoning district. 10. Speed humps will not be permitted on any Collector, Minor arterial, principal arterial streets, or alleys. 11. The street should not be a primary emergency response route as determined by the Fire Chief. 12. The speed hump, traffic control device, installation must be approved by the Chief of Police. If the operational and geometric requirements for eligibility are not met, the street will not be considered for speed humps and the requester(s) will be notified by the public works department. D. Speed Hump Location A speed hump shall not be located in front of a property, if the occupant objects to its placement or, in the case of multiple dwellings, if majority of the households on the property object to its placement. If possible, humps should be located on property lines rather than directly in front of a residence. 1. A speed hump should not be located in front of a driveway or within an intersection.  2. Speed humps should not be located within 250 feet of a traffic signal, or within 150 feet of an intersection. 3. Speed humps should not be located over, or contain, manholes, valve boxes, or located within 100 feet of a fire hydrant. 4. For humps located near drainage inlets, the hump should be placed just downstream of the inlet. If this is not feasible, special treatment should be considered for drainage. 5. Speed humps will usually be placed between 200 ft. to 400 ft. apart. Other spacing may be used based upon engineering judgment. 6. On single short blocks (300 ft. to 500 ft.) a single hump positioned near mid-point is usually sufficient. 7. On single blocks of moderate length (500 ft to 1000 ft.) a two hump configuration is usually adequate. 8. On very long blocks (1000 ft. to 1600 ft.) three or more humps may be necessary. 9. On lengthy continuous street segments or for humps provided over a series of blocks, interior humps may be placed 200 ft. to 400 ft. apart. E. Design, Construction, and Maintenance Design standards and installation procedures for speed humps and related features such as signs and pavement markings shall be prepared by the City of Canyon public works department. The street department will maintain the speed humps and all related features. 1. Only the circular speed hump design will be allowed. The circular speed hump will be 12 feet long and have the cross-section of a segment of a circle with a maximum height of 4.0 inches at the center.  2. On streets with barrier curbs, humps should extend fully across the road from the toe of the curb to the toe of curb. 3. A detail/cross section of the typical speed hump design is shown in figure 1. F. Cost of Installation The residents adjacent to the eligible street shall be financially responsible for the cost of the speed hump installation. Once a street is approved for speed hump installation, the City of Canyon public works department will submit a statement to the applicant’s representative for the cost of the speed hump installation. Upon receipt of payment of the cost, the humps will be installed as scheduling permits. G. Speed Hump Removal and Alterations The process for speed hump alterations or removal requested by the residents is the same as the process for installation. The residents adjacent to the street containing the speed humps, shall be financially responsible for the removal cost. A petition documenting that at least two-thirds of the households and businesses adjacent to the speed hump street are in favor of the speed hump removal, will be required. In case the City of Canyon determines that an unforeseen problem exists due to the hump, it may be redesigned or removed by the City. In such case, the City of Canyon will bear the full cost of speed hump removal or modification.  AGENDA To: Canyon City Commission From: Dale Davis, Chief of Police Date: 06/10/2013 Re: Consider and Take Appropriate Action on Ordinance No. 1007, Prohibiting the Possession and Sale of E-cigarettes to Minors. Years ago, e-cigarettes came on the market with the sole purpose of providing smokers a therapeutic device to help them stop smoking. The popularity of flavored nicotine, used in e- cigarettes, quickly spread to the younger folks. None tobacco smoking minors began using e-cigarettes that delivered vaporized nicotine and propylene glycol into their lungs. Nicotine is highly addictive, and propylene glycol is a substance found in anti-freeze. Health related issues are not fully understood. Nicotine overdoses have significantly increased with the use of e-cigarettes becoming more popular with minors. The uses of e-cigarettes by minors, clearly pose a health risk to our young citizens. The sale of these devices has increased. Retail stores, selling e-cigarettes, have sprung up in an attempt to cash in on the elevated profits and popularity of these devices, particularly with minor users. To curtail the health issue, we must put in place an ordinance that includes prohibited sales to individuals 18 years of age or younger. I foresee state legislation in the future that will address the sale and possession of e-cigarettes to minors. I recommend the adoption of Ordinance No. 1007 that prohibits the sale and possession of e-cigarettes to minors. Respectfully, Dale Davis Chief of Police City of Canyon  E-Cigarettes Seized from Canyon High School Students  ORDINANCE NO. 1007 AN ORDINANCE OF THE CITY OF C A N Y O N , TEXAS, AMENDING TITLE XIII “GENERAL OFFENSES” OF THE CODE OF ORDINANCES BY ADDING SECTION 130.02 "POSSESSION OR PURCHASE OF TOBACCO PRODUCTS" BY DEFINING "TOBACCO PRODUCT" TO INCLUDE ELECTRONIC CIGARETTES; AND ADDING SECTION 130.03 "SALE AND MERCHANDISING OF ELECTRONIC CIGARETTES AND LIQUID NICOTINE TO MINORS"; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED $500 PER OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, public health and safety requires a meaningful response to the public health crisis caused by smoking, and to implement measures to curb smoking and its inherent dangerous effects on the general public's health; and WHEREAS, the dangers posed by tobacco are not limited to cigarettes, pipes or other traditional forms of smoking; and WHEREAS, new, unregulated high-tech smoking devices, commonly referred to as "electronic cigarettes" or "e-cigarettes have recently become more available to consumers; and WHEREAS, nicotine is a known neurotoxin that is also one of the most highly addictive substances available for public consumption; and WHEREAS, the manufacturers and marketers of e-cigarettes purposefully and intentionally advertise their products as safe nicotine delivery devices and smoking cessation modalities; and WHEREAS, e-cigarettes manufacturers offer their liquid nicotine cartridges in a variety of flavors, including cherry, chocolate and vanilla, which flavorings the Food and Drug Administration ("FDA") and public health advocates warn are purposefully meant to appeal to and attract young people and are commonly referred to as "training wheels" for traditional cigarettes; and WHEREAS, the nicotine content provided by e-cigarettes is unknown and unspecified and presents a significant risk of rapid addiction or overdose ; and WHEREAS, protecting the younger citizens of the City of Canyon against an untested nicotine product like e-cigarettes and liquid nicotine represents sound public health and fiscal policy; and -1- WHEREAS, a ban on the sale of e-cigarettes and liquid nicotine and like products in the City of Canyon to persons under the age of 18, a prohibition on self service merchandising in the retail sale of e-cigarettes, liquid nicotine, and like products in order to minimize their physical accessibility to minors, and the prohibition of the possession of such products by minors, serves an important public interest in furtherance of the health, safety, and general welfare of the citizens of the City of Canyon; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS, THAT: SECTION 1: T i t l e X I I I "General Offenses" o f the Code of Ordinances of the City of Canyon, Texas, is amended by adding Section 130.02 "Sale and Merchandising of Electronic Cigarettes and Liquid Nicotine to Minors" which shall read as follows: Sec. 130.02. Sale and Merchandising of Electronic Cigarettes and Liquid Nicotine to Minors (a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Business means any sole proprietorship, joint venture, partnership, corporation, limited liability company, or other entity formed for profit making or non-profit purposes, including but not limited to all retail establishments where goods or services are sold or offered for sale. Electronic cigarette and e-cigarette mean any electronic device composed of a mouthpiece. heating element. battery, and electronic circuits that provides, or is manufactured or intended to provide, a vapor of liquid nicotine and/or other substances mixed with propylene glycol and/or other substances delivered or deliverable to the user that he or she can inhale in simulation of smoking. This term shall include every version and type of such devices whether they are manufactured or marketed as e-cigarettes, e-cigars, e-pipes, or under any other product name or description. Liquid nicotine means any liquid product composed either in whole or in part of pure nicotine and propylene glycol and/or any other substance and manufactured for use with e-cigarettes. Open display unit. in the context of the retail sale of e-cigarettes and liquid nicotine, means any device, furniture. or furnishing within or upon which e• cigarettes or liquid nicotine are displayed to customers, and includes, but is not limited to, any case, rack, shelf, counter, table, desk, kiosk, booth, stand, and other surface. -2-  Person, means any natural person, individual, sole proprietor, partnership, cooperative association, corporation, limited liability company, personal representative, receiver, trustee, assignee, or other legal entity. Retailer means any person or business that operates a store, stand, booth, concession, or other place at which sales of e-cigarettes and/or liquid nicotine are made to purchasers for consumption or use. Self-service merchandising, in the context of the retail sale of e- cigarettes and liquid nicotine, means the open display of e-cigarettes and liquid n i cotine, whether packaged or otherwise, for direct retail customer access and handling prior to purchase without the intervention of assistance of the retailer or the retailer's owner, employee, or agent. Such open display includes the use of an open display unit. (b) Sale of a-cigarettes to minors prohibited. No person, business, retailer, or other establishment shall sell, permit to be sold, or offer for sale within the city to any person under eighteen {18} years of age any e-cigarette or liquid nicotine. A violator of this section includes the person who sells, permits to be sold, or offers for sale within the city any such product to a person under eighteen (18) years of age as well as his or her employer and any person who controls the person who sells, permits to be sold, or offers for sale within the city any such product to a person under eighteen (18) years of age. (c) Self-service merchandising prohibited. (1) No person, business, retailer, or other establishment engaged in the retail sale of e-cigarettes or liquid nicotine shall sett, permit to be sold, offer for sale, or display for sale e-cigarettes or liquid nicotine within the city by means of self-service merchandising which allows a purchase of e-cigarettes or liquid nicotine without verification of the age of the purchaser. (2) No person, business, retailer, or other establishment engaged in the retail sale of a-cigarettes or liquid nicotine shall place e- cigarettes or liquid nicotine in an open display unit within the city unless the same is located in an area that is inaccessible to a person under eighteen (18) years of age. (d) Penalty. Conviction of an offense for a violation of this section shall be subject to the general penalty set forth in Sec. 130.99 of this Code. -3- SECTION 2. Sec. 130.03 is added to provide as follows: a. Electronic Cigarette shall have the same meaning as set forth in Section 130.02 of this article. b. "Tobacco Product" is defined as follows: Tobacco product means: (1) A cigarette. (2) A cigar. (3) Smoking tobacco, including granulated, plug-cut, crimp-cut, ready rubbed, and any form of tobacco suitable for smoking in a pipe or as a cigarette. (4) Chewing tobacco, including Cavendish, Twist, p l u g , scrap and any kind of tobacco suitable for chewing. (5) Snuff or other preparations of pulverized tobacco. (6) Liquid nicotine, as defined in Section 130.02 of this article. (7) Any other article or product that is made of tobacco. c. Possession prohibited. A m i n o r commits an offense i f the min o r possesses a tobacco product or electronic cigarette; provided, however, it is not a violation of this section for a minor to possess a tobacco product if such possession would be a violation of V.T.C.A., Penal Code section 48.01. d. Defenses. It is a defense to a prosecution for violation of Section 130.03(c) if the minor possessed the product only as an employee of the retailer in the course of his or her employment. SECTION 3. All provisions of the ordinances of the City of Canyon in conflict with the provisions of this Ordinance be, and the same are hereby, repealed, and all other provisions of the ordinances of the City of Canyon not in conflict with the provisions of this Ordinance shall remain in full force and effect. SECTION 4. Should any sentence, paragraph, subdivision, clause, phrase or section of this Ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this Ordinance as a whole. or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances as a whole. -4-  SECTION 5. Any person. firm or corporation violating any of the provisions or terms of t h i s Ordinance shall upon conviction be punished by a fine not to exceed the sum of Five Hundred Dollars ($500.00) for each offense, and each and every day such violation shall continue shall be deemed and constitute a separate offense. PASSED AND ADOPTED BY THE CITY COMMISSION O F THE CITY OF CANYON, TEXAS, ON THIS THE 16th DAY OF JUNE, 2014. Quinn Alexander, Mayor ATTEST: Gretchen Mercer, City Clerk -5-