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 3:00 p.m. on the 4th day of August, 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. Pledge of Allegiance. 4. Approval of the Minutes of the Meeting of July 7, 2014. 5. Public Forum – Comments from Interested Citizens. 6. Update from City Staff (Status of Audit, Water Usage, Sealcoating). 7. Consider and Take Appropriate Action on Second and Final Reading of Resolution No. 06-2014, A Resolution for Funding of Sayakomarn. 8. Consider and Take Appropriate Action on Second and Final Reading of Resolution No. 07-2014, A Resolution for Funding of Blue Bison 9. Consider and Take Appropriate Action on Ordinance No. 1009, Reducing the Speed Limit on Hunsley Road. 10. Consider and Take Appropriate Action on Quarterly Finance Report by Finance Director Chris Sharp. 11. Consider and Take Appropriate Action on Quarterly Investment Report by Finance Director Chris Sharp. 12. Budget Work Session 13. Consider and Take Appropriate Action on Taking Record Vote on Proposed Tax Rate, and Adopt Budget Calendar Setting Dates for Public Hearings. 14. Executive Session Pursuant to Texas Government Code §551.072 Deliberation Regarding Real Property, §551.087, Economic Development Negotiations, §551.071 Consultation with Attorney. §551.074 Personnel Matters (CEDC Board of Directors, City Manager/TMLIRP Board of Directors). 15. Consider and Take Appropriate Action on Items Discussed in Executive Session. 16. Consider and Take Appropriate Action Resolution No. 10-2014, A Resolution for the Purchase of Property Owned by TxDOT. 17. Consider and Take Appropriate Action on Meeting Dates for the Month of August and September 2014. 18. 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 1st day of August, 2014. Gretchen Mercer, City Clerk City of Canyon City Commission Meeting July 7, 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 Alexander presided over the meeting with the following Commissioners in attendance: Mayor Pro-Tem Jed Welch, Gary Hinders, and David Logan. Commissioner Justin Richardson was unable to attend. Also present were the following City Staff: City Manager Randy Criswell, Assistant City Manager Chris Sharp, City Secretary Gretchen Mercer, Business and Community Development Director Evelyn Ecker, Assistant City Manager for Special Projects Jon Behrens, Director of Public Works Dan Reese, Police Chief Dale Davis,and City Attorney Chuck Hester. Item 1. Call to Order. Mayor Alexander called the meeting to order at 5:34 p.m. Item 2. Invocation. Mayor Pro-Tem Welch gave the invocation. Item 3. Pledge of Allegiance. Commissioner Logan led the Pledge of Allegiance. Item 4. Approval of Minutes of the Meeting of June 16, 2014. Commissioner Logan moved, duly seconded by Commissioner Hinders, to approve the minutes of June 16, 2014. Motion carried unanimously. Item 5. Public Forum – Comments from Interested Citizens. Mr. Darrell Stevens of 2603 12th Ave approached the Commission and gave a brief history of growing up in Canyon. Mr. Stevens stated his neighbors trees had grown over onto his home damaging the roof. Mr. Stevens said he contacted the owner of neighboring home, Code Enforcement and his insurance company with no resolution. Mr. Stevens finished by saying he felt there should be something in the law protecting homeowners from this type of property damage. Item 6. Update From City Staff (Status of Audit, Water Usage). City Manager Randy Criswell gave brief updates as follows. Mr. Criswell said the Auditors continue to work on the audit and have been back onsite the last two weeks. Mr. Criswell said they indicated they “might” have some financial data by the end of this month but do not expect to have the full audit prepared until sometime in August. Mr. Criswell said water usage the last couple of weeks was averaging 2.5 mgd, which was exceptionally good for June / July and very manageable. City Commission Meeting July 7, 2014 Page 2 of 5 Item 7. First Reading of Resolution No. 06-2014, A Resolution for Funding of Sayakomarn. Business and Community Development Director Evelyn Ecker presented Resolution No. 06-2014 for its first reading. Ms. Ecker stated this project has been in the works for 3 years. Ms. Ecker said this would be the first new construction on the square since 1947 and a local contractor was being used with a construction start date of August 1, 2014. Ms. Ecker said the building would be 4,000 sf and add significant jobs to the current payroll. Mayor Pro-Tem Welch asked what the time-line for construction was, Ms. Ecker stated 5 months. Ms. Ecker stated the incentive package for Sayakomarn included a pledge of $60,000 at the start of construction, $20,000 6 months after opening and a final installment of $20,000 on the 1 year anniversary as long as all agreed employment and gross sales increases were met. Ms. Ecker stated the Canyon Economic Development Corporation held a public hearing June 12, 2014 with no opposition. RESOLUTION NO. 16-2014 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON APPROVING PROJECT FUNDING AGREEMENT BETWEEN CINDY SAYAKOMARN, AN INDIVIDUAL dba SAYAKOMARN’S THAI AND LAO CUISINE AND CANYON ECONOMIC DEVELOPMENT CORPORATION REGARDING DIRECT FINANCIAL ASSISTANCE AND A LAND GRANT FOR THE NEW CONSTRUCTION OF A RESTAURANT LOCATED AT 421 16TH STREET. THE FUNDING IS BASED ON BUSINESS RETENTION AND EXPANSION. Item 8. First Reading of Resolution No. 07-2014, a Resolution for Funding of Blue Bison. Business and Community Development Director Evelyn Ecker presented Resolution No. 07-2014 for its first reading. Ms. Ecker stated Blue Bison Investments LLC recently purchased the property located at 410 15th Street that was previously an accounting firm and currently vacant. Ms. Ecker said Stan Ware is the active manager of Blue Bison Investments LLC and owner of Johnston’s Hardware building which he recently renovated the interior and exterior. Ms. Ecker stated the vision of Blue Bison is to remodel the property back into a retail location complimenting the revitalization of the buildings on the square and renewing the income earning ability. Ms. Ecker stated the project cost is estimated to be around $105,000 with a commitment not to exceed $52,500 by the CEDC. The project is expected to be completed in 18 months and the funding is planned to be disbursed in increments throughout that time period. RESOLUTION NO. 07-2014 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON APPROVING PROJECT FUNDING AGREEMENT BETWEEN BLUE BISON INVESTMENTS, LLC. AND CANYON ECONOMIC DEVELOPMENT CORPORATION REGARDING DIRECT FINANCIAL ASSISTANCE FOR THE PROPERTY RENOVATION LOCATED AT 410 15TH STREET. THE FUNDING IS BASED ON RECRUITMENT OF NEW BUSINESS. Item 9. Consider and Take Appropriate Action on Ordinance No. 979, an Ordinance of the City of Canyon, Texas to Restrict Chickens and Prohibit Fowl Within the City Limits of the City of Canyon, Texas. City Commission Meeting July 7, 2014 Page 3 of 5 Police Chief Dale Davis presented Ordinance No. 979 for consideration. Chief Davis stated it had been a year since this subject had last been addressed giving time to research a good ordinance that would limit the number of chickens / hens and the details to be enforced. Chief Davis stated Ordinance No. 979 allowed for no more than 4 chickens / hens per single family homes, multifamily dwellings (ex: apartments) would not be allowed any chickens. Chief Davis said Ordinance No. 979 sets standards for chicken coops setting coop size and 50’ distances required from neighboring structures. Chief Davis stated currently there is nothing animal control can refer to with complaints on chickens in the city limits. City Manager Randy Criswell stated there continues to be increased interest from people wanting to keep chickens within the city limits so he felt it was time to bring this ordinance back for consideration. After discussion, Commissioner Hinders moved, duly seconded by Mayor Pro-Tem Welch to adopt Ordinance No. 979 as presented. Motion carried 3-1 with Commissioner Logan opposed. Mayor Alexander stated he would like to see occasional reports on chickens in the city limits. Item 10. Consider and Take Appropriate Action on Proposed Speed Hump Policy. Police Chief Dale Davis presented a proposed speed hump policy with changes as recommended during discussion at the June 16, 2014 Commission Meeting. Chief Davis stated Section F added that residents will not bear any responsibility for the installation of traffic control devices if the action is initiated by the City of Canyon. Chief Davis said Section H gave exclusive authorization for the decision making process for speed humps and allowed for no appeals, as this is currently stated in the City of Canyon Charter. Chief Davis stated this policy was very common as discovered when gathering data from other cities to develop the policy presented. Mayor Alexander asked what the current cost for a speed hump was and Public Works Director Dan Reese stated approximately $1,500 per single hump, but they are usually installed in 3’s. Commissioner Hinders verified that the city pays for speed humps unless a citizen requests the installation, then they pay. City Manager Randy Criswell stated the criteria is very specific on how, where and who will pay. Mr. Criswell stated areas would be identified as main thoroughfares and emergency routes as they cannot have speed humps. Requests would be identified as meeting requirements for speed humps with traffic counts and by location. After discussion, Commissioner Logan moved, duly seconded by Commissioner Hinders to approve the speed hump policy as presented. Motion carried unanimously. Item 11. Consider and Take Appropriate Action on Update from Lavin Architects on City Hall Study. Assistant City Manager for Special Projects Jon Behrens brought Lavin Architects before the commission to give an update on the status of the City Hall Study. Several schemes were presented with the architects stating they were still fine tuning the plans with the hope to have a cost estimate within 90 days. Mr. Behrens stated the City of Canyon had choices and were not locked into any specific one and that each scenario provided for future space needs. Item 12. Consider and Take Appropriate Action on Request for Additional Staff and Equipment for the Addition of WTAMU Facilities to Solid Waste Services. City Commission Meeting July 7, 2014 Page 4 of 5 Director of Public Works Dan Reese presented a request for the addition of a new sanitation truck and employee for the solid waste department. Mr. Reese stated in 2004-2005 the decision was made by WTAMU to begin picking up their own trash eliminating the city’s services. Mr. Reese said in March 2014 WTAMU and their facilities management contractor SSC Solutions contacted the city and stated they wanted out of the trash business and wanted the city to begin picking up the trash around the campus again. Mr. Reese stated providing them service will consume the better part of a day, five days a week requiring the addition of another rear loader trash truck and an employee to run the route. Mr. Reese stated financially the addition of this route will require approximately $172,000 for a new truck, about $52,000 for another employee, including benefits, and approximately $35,000 per year in fuel and landfill fees. Mr. Reese said it is the plan to replace as many of the roll out containers currently used by WT with dumpsters to improve efficiency, but for a while the trash pickup will include 90 gallon rollout containers and dumpsters. Mr. Reese stated the Street and Sanitation Supervisor Bobby Stennett had located a truck that meets the specifications for this route and is available for purchase through the Buyboard. This would make it possible to have the truck in the city’s possession in 3-4 weeks where ordering one would take 4-5 months. Mr. Reese said leasing a truck was looked at but a lease runs $6,500 a month plus $4,000 for delivery and pickup, so staff didn’t feel leasing was a good option. Mr. Reese stated WTAMU would like to have the City of Canyon picking up trash by the time the fall semester starts. After discussion, Commissioner Logan moved, duly seconded by Mayor Pro-Tem Welch to approve the purchase of the available rear loader trash truck through the Buyboard and the addition of one employee for the Sanitation Department. Motion carried unanimously. Item 13. Executive Session Pursuant to Texas Government Code §551.072 Deliberation Regarding Real Property, §551.087 Economic Development Negotiations and §551.071 Consultation with Attorney. Mayor Alexander indicated the Commission would adjourn into executive session at 6:54 p.m. Item 14. Consider and Take Appropriate Action on Items Discussed in Executive Session. Upon returning from executive session at 8:02 pm, no action was taken. Item 15. Consider and Take Appropriate Action Meeting Dates for the Month of July. Commissioners agreed on August 4, 2014 as the next meeting date beginning at 3:00 pm to include a budget work session. Item 16. Adjournment There being no further business, Mayor Pro-Tem Welch moved this meeting be adjourned. __________________________ Quinn Alexander, Mayor ATTEST: City Commission Meeting July 7, 2014 Page 5 of 5 ________________________________ Gretchen Mercer, City Secretary  DAILY USAGE ( 1000 Gal.) 0 1000 2000 3000 4000 5000 6000 7000 8000 Apr 1 4 7 10 13 16 19 22 25 28 Ma… 4 7 10 13 16 19 22 25 28 31 3 6 9 12 15 18 21 24 27 30 3 6 9 12 15 18 21 24 27 30 2 5 8 11 14 2014 USAGE 17 20 USAGE GOAL 23 26 29 2013 TEMP Sep… 4 7 10 13 16 19 22 City of Canyon Drought Contingency Plan ‐ Daily Usage / Temperature 25 28 2013 USAGE Oct 1 4 7 10 2014 TEMP 13 16 19 22 25 28 31 0 20 40 60 80 ‐40 ‐20 100 120 TEMPERATURE (ºF)  TEXAS DROUGHT MONITOR July 22, 2014 July 23, 2013 July 26, 2011  AGENDA To: Randy Criswell, City Manager From: Evelyn Ecker, Executive Director Date: July 26, 2014 Re: Second and Final Reading of Resolution 06-2014, A Resolution Approving a Project Funding Agreement Between the Canyon Economic Development Corporation and Cindy Sayakomarn, an individual dba Sayakomarn’s Thai and Lao Cuisine. At the May 21, 2014 meeting, the Canyon Economic Development Board approved to engage in a transaction to convey the undeveloped property located at 421 16th Street in Canyon to Cindy Sayakomarn for the construction of a new restaurant. The property is currently owned by the CEDC and valued at $35,000. The second portion of the incentive package is a pledge of $60,000 as soon as construction starts; $20,000 six months after from date of opening new location, and the final installment of $20,000 on the one (1) year anniversary of the new location. The last two disbursements are based on percentage of increase in gross sales. A local contractor, GPD is going to construct the new building. There has not been a new building construction on the Square since 1947. The value of this project is $643,000. According to the Pre-Construction Schedule the start date is August 1st. A Public Hearing was conducted during the June 12, 2014 meeting of the CEDC. The project did not have any opposition. It is the recommendation of staff to adopt Resolution No. 06-2014 regarding the funding of Sayakomarn’s new construction. City of Canyon  RESOLUTION NO. 06-2014 RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON APPROVING PROJECT FUNDING AGREEMENT BETWEEN CINDY SAYAKOMARN, AN INDIVIDUAL dba SAYAKOMARN’S THAI AND LAO CUISINE AND CANYON ECONOMIC DEVELOPMENT CORPORATION REGARDING DIRECT FINANCIAL ASSISTANCE AND A LAND GRANT FOR THE NEW CONSTRUCTION OF A RESTAURANT LOCATED AT 421 16TH STREET. THE FUNDING IS BASED ON BUSINESS RETENTION AND EXPANSION. WHEREAS, on June 12, 2014, the Canyon Economic Development Corporation (“CEDC”) conducted a public hearing regarding the use of sales and use tax revenues collected pursuant to the Development Corporation Act of 1979 (Tex. Rev. Civ. Stat. Art. 5190.6 §4B, (“the Act”) and to consider a funding agreement for 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 and to enhance the quality of life of the citizens of Canyon and the surrounding area. WHEREAS, the City Commission of the City of Canyon, Texas, finds it to be in the public interest to execute a Project Funding Agreement between the Canyon Economic Development Corporation and Cindy Sayakomarn, Business Owner. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS: That the Mayor and City Clerk are hereby authorized to execute and attest, respectively on behalf of the City of Canyon, Texas, a Project Funding Agreement between the Canyon Economic Development Corporation and Cindy Sayakomarn; regarding the use of funds from the Sales Tax Improvement Fund (Fund 40) for costs related to the project. INTRODUCED at the First Reading on the 7th day of July, 2014 and Adopted on the Second Reading the 4th day of August, 2014. ________________________________ QUINN J ALEXANDER, MAYOR ATTEST: _______________________________ Gretchen Mercer, City Clerk  AGENDA To: Mayor and City Commission From: Evelyn Ecker, Executive Director Canyon Economic Development Corp. Date: July 26, 2014 Re: Second and Final Reading of Resolution 07-2014, A Resolution Approving Project Funding Agreement Between Blue Bison Investment L.L.C. and the Canyon Economic Development Corporation Regarding Direct Financial Assistance for the Property Renovation Located at 410 15th Street.. Blue Bison Investments LLC recently purchased the property located at 410 15th Street in Canyon. The property was previously an accounting firm and currently is vacant. Stan Ware is the active Manager of Blue Bison Investments LLC. and is also the owner of the Johnston’s Hardware building which recently completed an interior and exterior renovation. The CEDC participated in the project by providing Direct Financial Assistance. The vision of Blue Bison is to renew the properties’ income earning ability, bringing more money to the city in the form of sales tax, by remodeling it back into a retail location. The exterior renovation will be complimentary to the revitalization of the buildings on the Square, contributing to the continued growth of the area. The renovation will include removal of existing offices, storage closets, flooring, and bricked up front façade. New lighting, ceiling tiles, and flooring will be part of the renovation. The intent of the owner is to a have the building in a white box condition ready to lease upon completion. The renovation cost for the project is estimated at $105,000. Blue Bison will be performing some of the renovation, but for the most part will be bid out. Canyon based businesses will be used for those portions Blue Bison cannot perform. Blue Bison has requested assistance from the CEDC with regards to Existing Business Property Improvement. The CEDC has made a commitment to the project not to exceed $52,500. The project is expected to be complete in 18 months. The funding will disbursed in increments throughout the 18 month period. It is the recommendation of staff to adopt Resolution No. 07-2014 regarding the funding of property renovation at 410 15th Street. City of Canyon  RESOLUTION NO. 07-2014 RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON APPROVING PROJECT FUNDING AGREEMENT BETWEEN BLUE BISON INVESTMENTS, LLC. AND CANYON ECONOMIC DEVELOPMENT CORPORATION REGARDING DIRECT FINANCIAL ASSISTANCE FOR THE PROPERTY RENOVATION LOCATED AT 410 15TH STREET. THE FUNDING IS BASED ON RECRUITMENT OF NEW BUSINESS. WHEREAS, on June 12, 2014, the Canyon Economic Development Corporation (“CEDC”) conducted a public hearing regarding the use of sales and use tax revenues collected pursuant to the Development Corporation Act of 1979 (Tex. Rev. Civ. Stat. Art. 5190.6 §4B, (“the Act”) and to consider a funding agreement for 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 and to enhance the quality of life of the citizens of Canyon and the surrounding area. WHEREAS, the City Commission of the City of Canyon, Texas, finds it to be in the public interest to execute a Project Funding Agreement between the Canyon Economic Development Corporation and Blue Bison Investments LLC., property owners. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS: That the Project Funding Agreement by and between CEDC and Blue Bison Investments LLC. is hereby approved, and the sales tax revenue collected pursuant to “the Act” by CEDC may be used for the primary purpose of financial assistance for property improvements in order to develop leasing space for new business enterprises. The sales tax revenue referred to in this Resolution shall be the revenue on deposit in the Sales Tax Improvement Fund (Fund 40) for direct costs related to the project. INTRODUCED at the First Reading on the 7th day of July, 2014, and Adopted on the Second Reading on the 4th day of August, 2014. ________________________________ QUINN J ALEXANDER, MAYOR ATTEST: _______________________________ Gretchen Mercer, City Clerk  CANYON ECONOMIC DEVELOPMENT CORPORATION PROJECT FUNDING AGREEMENT BLUE BISON INVESTMENTS, LLC 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 Blue Bison Investments, LLC a Texas Limited Liability Corporation (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. The sales tax supporting CEDC is authorized as a local option under Chapter 504 and 505 TEX. LOC. GOV’T CODE, formerly 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 and to enhance the quality of life 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 as follows: a. Second Party shall construct improvements to the property located at 410 15th Street. The building will be completely renovated into a retail location. The remodel will be complimentary to the revitalization of the buildings on the Square. b. The property is located Lot 006, Block 0042, Original Town of, Randall County, Texas. Remodel & construction will take place at this property only. c. The improvements contemplated by this agreement shall be constructed in accordance with written plans and specifications and approved by CEDC. d. The estimated time of completion for the renovation is twelve (12) to eighteen (18) months. 3. The CEDC will provide the following funding and financial incentives for the project: a. An amount, not to exceed $52,500.00 payable as follows: reimbursement will occur quarterly during the renovation phase. Reimbursement will be made when invoice for supplies and labor cost are presented. Project Funding Agreement - Blue Bison Investments, LLC Page 1  b. All other terms and provisions of this agreement notwithstanding, the obligations of the parties hereto are expressly made contingent upon the following: i approval of the financial incentives by the CEDC Board; ii approval of the financial incentives by the Canyon City Commission; and, iii compliance with the requirements of the Texas Development Corporation Act. 4. 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 9. In such event, all financial incentives provided by CEDC to Second Party shall be repaid to CEDC upon demand. 5. Second Party agrees to undertake the following actions in order to accomplish the project: a. Comply at all times with the requirements of paragraph 2 of this agreement during the term of this agreement. b. Permit an audit by the CEDC of the books and financial records of Second Party, to determine whether Second Party is in compliance with this agreement. c. Permit periodic inspection of improvements to the building at 410 15th Street, Canyon, Texas as remodeling work progresses and as Second Party Submits invoices and/or statements to CEDC for payment. 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 it’s option to terminate this agreement by written notice in accordance with paragraph 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 Project Funding Agreement - Blue Bison Investments, LLC Page 2  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 or certificate furnished to CEDC or attached to this agreement. 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. g. To it’s knowledge Second Party has acquired and maintained all necessary rights, licenses, permits, and authority to carry on it’s business in Texas and to perform the terms of this agreement and will continue to use it’s 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 purpose 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. Project Funding Agreement - Blue Bison Investments, LLC Page 3  k. Second Party shall timely and fully perform and comply with all terms and conditions of this agreement. l. Upon written request of CEDC 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 its board of directors may suspend the obligations under this agreement or may terminate this agreement without liability to the CEDC upon: 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. 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. b. During normal business hours, Second Party shall allow a representative of the CEDC reasonable access to its books and records to verify compliance with 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 60 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 Project Funding Agreement - Blue Bison Investments, LLC Page 4 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 from the date of default. 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 attorney’s fees and expenses of litigation. 10. In the event of unforeseeable 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 it’s 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 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, attorney’s 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 its sales tax revenues held and administered pursuant to the Development Corporation Act for the fiscal year in which the funding under this agreement is due together with unencumbered funds then on hand 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 for that year, then in that event, CEDC shall fund projects in the order the grants were awarded after payment of CEDC’s usual administrative cost and expenses. All contracting parties shall receive only their share of the available sales tax revenue for that year, less CEDC’s customary and usual administrative costs and expenses and CEDC shall not be liable to any contracting party for any 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 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 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 it’s 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. Effective Date:_____________________________ Second Party CANYON ECONOMIC DEVELOPMENT BLUE BISON INVESTMENTS, LLC CORPORATION By: _________________________________ By:___________________________________ Randy Croslin, President/Chairman Stanley H. Ware Address: 1604 4th Avenue, Suite 25 Managing Member Canyon, Texas 79015  AGENDA To: Mayor and City Commission From: Randy Criswell, City Manager Date: August 8, 2014 Re: Consider and Take Appropriate Action on Ordinance No. 1009, Reducing the Speed Limit on Hunsley Road. We have been asked by TxDOT if we would support the lowering of the speed limit from 60 mph to 45 mph, west bound, on FM 3331 further east. The 45 mph speed limit currently exists, but it is west of the US 60/87 overpass. TxDOT wants to move it further east, to east of the railroad underpass. Staff has asked for this change, and we are glad TxDOT has agreed. I think it’s safe to say all parties feel this will be a much safer arrangement. I have included a drawing from TxDOT that I’ve kind of marked up to give you a feel for what is happening. Ordinance Number 1009 has been prepared for this purpose. It is staff’s recommendation that Ordinance Number 1009 be adopted. City of Canyon  NNa Tl V1 G) nm 1703 2 PI °-. . 2-. O 0AmnOF)) > NN OOn• C31CDmmD m mm a< cC• nro o I,./ n m el < oD2100 zz zZ n077D xr N< N i- o< r• m mm mm m r< oT 0 f n m m r" W f 0 r m m n 0 _ O vfmtncnn• MI-( A cnrm• ncn<nmcn00 Z D 2mZ m D•-+"- n a a $ c) Z MOZ00 m D- zmv IZ m 0 mz-+ D OOZZZ 7 Sm•-• mC1cn2« S a i g in IC) 0 0 1 0.. mm - i z v F `•' v O ' CO - I 0 o xcn Tl y cnx U1 0 24 X 0 0 -- I o O" i- i.Zl cn CO 0 Xx w N O r N w 2 0 m aO a V1 w r m : • Ina •.\' CO D I O D 0- c b ---1 0 n 0 E Nn vYm r \ ,,, z O N z Ng b< 0 Z Z N Z O T. Z ( J1 ti F, O n 0 3' 0 n O 0 Tc of n Xm c O n0 m0 - 0 co .-. rx 2 xo r 0-< 1 c - m - o < W zz -< vx ax m m xm 1 e, r < cn v m M PI m o c — - a XI D m0 0 N u D n 0 z r E O Z O O O mm 0 - n A if 5' E B; LAN m Ni Z c n Vl. j Z yY`` x o o a 0 3 V u m O n Ct a Z n r v r. x x j x I I i I g QI ym o 0...0p} p H'. r r 22 r I I x n N m w a N I' N c A I. I In) it 1 7,__ pT _ _. . l l INI O S o 77...._ o 9 0323.1 r..... r.‘. 9 8 Vi00N Inn Z ti OD R O m lar ow... ' cam Zv m IA rn m en m.. T O Z 1 In pP T fl dx U mi a uxi F: r m x rn O O m) x N , V PI PI 0 Vi 2 IW IrIOI 111T11111 sk am wdA Ili mr m i1A  ORDINANCE NO. 1009 AN ORDINANCE AMENDING §71.30(A)(2) OF THE CODE OF ORDINANCES OF THE CITY OF CANYON RELATING TO MAXIMUM SPEED LIMITS; ADDING A NEW SUBSECTION (A)(2)(D)(3) ESTABLISHING A 45 MPH SPEED ZONE ON FM 3331 FROM MP 1.000 TO MP 1.274; AMENDING TRAFFIC SCHEDULES IN CHAPTER 74, SCHEDULE I; AND, PROVIDING FOR A PENALTY AND 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 to carry out the governmental powers and police 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; 1. SECTION 2.: §71.30 (A)(2)(d) is amended to provide as follows: (3) Establishing a 45 mph speed zone on FM 3331 from MP 1.000 to MP 1.274. SECTION 3.: Chapter 74, Schedule I is amended to add the special speed limits set forth in Section 2. SECTION 4.: This ordinance shall be effective on its adoption and the penalty shall be effective upon publication as required by law. 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 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. 1  INTRODUCED ON AUGUST 4, 2014, and PASSED AND ADOPTED ON AUGUST 4, 2014 _______________________________________ QUINN ALEXANDER, MAYOR ATTEST: ________________________________ GRETCHEN MERCER, City Clerk 2  AGENDA TO: Honorable Mayor and Members of City Commission FROM: Chris Sharp, Assistant City Manager DATE: July 30, 2014 SUBJECT: Consider and Take Appropriate Action on Quarterly Finance Report by Finance Director Chris Sharp. A summary of all deposits for the City of Canyon as of June 30, 2014 are submitted. All funds are deposited with the City’s depository bank, Happy State Bank. Also included, is a summary of the City’s major funds and where they stand as of the same date. Total deposits needing security pledge, including checking accounts are $_3,310,019.24. Total securities pledged by Happy State Bank including the FDIC insurance is $_6,375,970.68. This report is to comply with legislation requiring periodic reports to be made to the governing body for approval. RECOMMENDED ACTION Approval of the Quarterly Finance Report for the Quarter Ending June 30, 2014. City of Canyon  City of Canyon QUARTERLY FINANCE REPORT Quarter ending: 03/31/14 06/30/2014 Interest earned Interest Rate for quarter EMERGENCY MANAGEMENT 0.02 $ 75,395.58 $ 68,778.49 $ 7.91 LIBRARY GIFT & MEMORIAL 0.02 $ 4,566.59 $ 3,587.10 $ 0.51 GENERAL FUND DEMAND ACCT 0.02 $ 680,570.45 $ 320,438.59 $ 50.17 WW/SS FUND DEMAND ACCT. 0.33 $ 1,620,924.63 $ 2,078,204.50 $ 1,623.58 BCD 0.02 $ 18,303.50 $ 25,682.75 $ 2.18 LEOSE 0.02 $ 9,749.22 $ 9,750.30 $ 1.08 VOL. FIREMENS SCHOOL 0.02 $ 5,888.21 $ 7,229.01 $ 0.80 VOL. FIREMENS OPERATING 0.02 $ 3,816.98 $ 8,460.00 $ 0.85 VOL.FIREMENS SAVINGS 0.02 $ 3,710.55 $ 2,210.81 $ 0.26 C.E.D.C (ECONOMIC DEVELOPMENT) 0.02 $ 145,233.66 $ 195,146.27 $ 16.72 C.E.D.C. MARKETING ACCOUNT 0.02 $ 106,329.31 $ 85,720.23 $ 11.26 EMPLOYEES FLOWER FUND 0.02 $ 917.09 $ 1,550.62 $ 0.13 D-FI-IT PROGRAM 0.02 $ 10,090.39 $ 10,091.50 $ 1.11 Palo Duro Golf Administration 0.02 $ 455,215.91 $ 252,542.04 $ 39.18 Capital Improvement Account 0.33 $ 347,085.79 $ 240,627.03 $ 241.24 CHECKING / SAVINGS ACCOUNTS BALANCES $ 3,487,797.86 $ 3,310,019.24 TOTAL FUNDS FOR SECURITY PLEDGES $ 3,487,797.86 $ 3,310,019.24 WW/SS Utility Insured Cash Sweep Account (CDARS) Interest 0.33 $ 5,000,858.79 $ 3,974,533.14 $ 3,268.35 TOTAL AMOUNT OF FUNDS IN BANK $ 8,488,656.65 $ 7,284,552.38 SECURITIES PLEDGED HAPPY STATE BANK RECEIPT DATE DESC. AMOUNT MARKET NUMBER MATURED VALUE 151717LH6 02/15/2016 Center TX $100,000.00 $106,922.00 31410KPU2 01/01/2023 MBS FNMA $26,560,738.00 $4,318,022.88 552410ER9 08/15/1930 Lytle TX ISD $555,000.00 $592,939.80 667825YM9 02/15/1932 Northwest TX ISD $980,000.00 $1,108,086.00 FDIC INSURANCE $100,000.00 $250,000.00 Total Security Pledges $28,295,738.00 $6,375,970.68 Total Outstanding debt from 2012 issued CO's and 2013 refunded CO's $14,420,000  Summary of Month Ending June 2014 Summary of Revenues General Fund Budgeted Percentage to Major Revenues 06/30/2014 Amount Budget Sales Tax Franchise Taxes General Fund 75% into Budget Year $1,114,547.00 Mixed Beverage Tax Sales Tax $ 1,114,547.00 $ 1,670,000.00 66.74% $2,054,199.00 Municipal Court Fines Franchise Taxes $ 522,630.00 $ 600,000.00 87.11% $522,630.00 Other Income Mixed Beverage Tax $ 4,280.00 $ 9,000.00 47.56% Municipal Court Fines Fire Service Randall County $ 225,364.00 $ 300,000.00 75.12% Other Income $ 37,790.00 $ 40,000.00 94.48% Randall County, Library Funding $823,064.00 $4,280.00 Fire Service Randall County $ 272,640.00 $ 350,047.00 77.89% Commercial Solid Waste Randall County, Library Funding $ 37,500.00 $ 50,000.00 75.00% $225,364.00 Residential Solid Waste Commercial Solid Waste $ 181,757.00 $ 239,750.00 75.81% $37,790.00 Ad Valorem Taxes Residential Solid Waste $ 823,064.00 $ 1,055,250.00 78.00% $272,640.00 Ad Valorem Taxes $ 2,054,199.00 $ 2,090,256.00 98.27% $181,757.00 $37,500.00 Total General Fund Revenues $ 6,320,039.00 $ 7,430,879.00 85.05% Total General Fund Expenses $ 5,297,550.00 $ 7,430,879.00 71.29% Utility Fund Water Receipts $ 2,953,151.00 $ 3,826,000.00 77.19% Waste Water Receipts $ 1,428,596.00 $ 2,123,000.00 67.29% Summary of Revenues Utility Fund Lease Income $ 20,431.00 $ 48,700.00 41.95% Penalties $ 53,016.00 $ 60,000.00 88.36% T‐on & Reconnection Revenue $ 14,860.00 $ 18,000.00 82.56% $53,016.00 $14,860.00 Water Receipts Water Taps $ 62,150.00 $ 30,000.00 207.17% $62,150.00 $20,431.00 Waste Water Receipts Total Utility Fund Revenues $ 4,565,679.00 $ 6,163,302.00 74.08% Total Utility Fund Expenses $ 4,643,050.00 $ 6,163,302.00 75.33% Lease Income Historical Summary of Sales Tax 2014 2013 2012 2011 $1,428,596.00 Penalties JAN $ 184,408.15 $ 175,328.65 $ 167,039.36 $ 160,777.49 FEB $ 242,684.94 $ 219,822.76 $ 216,626.96 $ 215,180.28 $2,953,151.00 T‐on & Reconnection Revenue MAR $ 182,850.07 $ 175,680.77 $ 195,826.44 $ 134,179.45 APR $ 169,113.63 $ 155,201.00 $ 158,238.80 $ 172,960.85 Water Taps MAY $ 215,922.87 $ 212,356.00 $ 216,522.84 $ 208,654.69 JUN $ 173,509.91 $ 200,922.98 $ 162,466.00 $ 151,901.43 JUL $ 164,186.45 $ 178,860.87 $ 180,475.76 $ 151,938.88 AUG $ ‐ $ 209,872.00 $ 194,956.35 $ 203,751.04 SEP $ ‐ $ 185,585.77 $ 166,737.94 $ 164,832.87 OCT $ ‐ $ 188,929.84 $ 185,559.98 $ 207,654.65 NOV $ ‐ $ 225,885.58 $ 215,256.90 $ 211,553.98 DEC $ ‐ $ 292,194.91 $ 213,461.56 $ 206,547.15 $ 1,332,676.02 $2,420,641.13 $ 2,273,168.89 $ 2,189,932.76 Palo Duro Creek Golf Course Budgeted Amount Percentage to Budget Revenues to Date $510,430.00 $986,852.00 51.72% Exenditures to Date $722,597.00 $986,852.00 73.22%  AGENDA TO: Honorable Mayor and Members of City Commission FROM: Chris Sharp, Assistant City Manager DATE: July 30, 2014 SUBJECT: Consider and Take Appropriate Action on Quarterly Investment Report by Finance Director Chris Sharp. A summary of all investments for the City of Canyon as of June 30, 2014 are submitted as an attachment to this agenda item. All funds are invested with the City’s depository bank, Happy State Bank. Total amount of investments for the City is $3,008,014.82. These funds have been invested in the CDARS program through Happy State Bank. The Canyon EDC also has investments in the CDARS program in the amount of $173,956.99. The City’s 2012 certificates of obligation funds have been invested into a CDARS investment account and has a balance of $8,260,019.68. Total funds on hand, which includes funds in depository accounts as well as funds in investments total $10,292,567.20. This report is to comply with legislation requiring periodic reports to be made to the governing body for approval. RECOMMENDED ACTION Approval of the Quarterly Finance Report for the Quarter Ending June 30, 2014. City of Canyon  QUARTERLY INVESTMENT REPORT Quarter ending: 03/31/14 06/30/2014 Interest Rate Interest earn CERTIFICATE OF DEPOSITS: for quarter CD# Interest Rate 9239 CEDC CD 0.24969 $ 57,175.97 $ 57,199.84 $ 23.87 9654 CEDC CD 0.24969 $ 58,302.81 $ 58,327.15 $ 24.34 14897 CEDC CD 0.05 $ 58,415.60 $ 58,430.00 $ 14.40 CDARS CERTIFICATES OF DEPOSIT $ 173,894.38 $ 173,956.99 14674 GENERAL FUND CD 0.10% $ 248,910.39 $ 249,004.51 $ 94.12 15076 GENERAL FUND CD 0.10% $ 148,804.52 $ 148,852.84 $ 48.32 14895 GENERAL FUND CD 0.15% $ 505,198.86 $ 505,320.67 $ 121.81 6718 GENERAL FUND CD 0.15% $ 148,508.57 $ 148,564.72 $ 56.15 14970 GENERAL FUND CD 0.35% $ 149,856.14 $ 149,918.75 $ 94.42 8088 GENERAL FUND CD 0.25% $ 610,599.47 $ 610,979.71 $ 380.24 14675 WW/SS FUND CD 0.15% $ 595,473.29 $ 595,698.45 $ 225.16 14971 WW/SS FUND CD 0.35% $ 599,424.70 $ 599,675.17 $ 377.72 TOTAL AMOUNT IN CDARS $3,006,775.94 $ 3,008,014.82 TOTAL AMOUNT OF FUNDS IN BANK $8,488,656.65 $ 7,284,552.38 TOTAL FUNDS ON HAND $11,495,432.59 $ 10,292,567.20 2012 Certificates of Obligations (Invested in CDARS account) .33% $8,771,143.11 $ 8,260,019.68 $ 6,796.86  AGENDA To: Mayor and City Commission From: Randy Criswell, City Manager Date: August 8, 2014 Re: Budget Work Session. I have prepared a PowerPoint presentation for you, and as we discussed, I’ll be presenting the proposed budget with the needed assistance from staff. I think we can get through the budget in two or three hours if we stay on track. Department Heads and Supervisors will be here to help me with any questions. City of Canyon  AGENDA To: Mayor and City Commission From: Chris Sharp, Assistant City Manager Date: July 28, 2014 Re: Consider and Take Appropriate Action on Taking Record Vote on Proposed Tax Rate, and Adopt Budget Calendar Setting Dates for Public Hearing Truth-in-Taxation requirements call for a vote to place a proposal to adopt a tax rate that exceeds the lower of the effective rate or the rollback rate, whichever is lower, on the agenda of a future meeting as an action item. The Commission must take a recorded vote on the proposed tax rate. The City’s current tax rate is $.37613 per $100 valuation. The 2014 effective tax rate is $.37222. The 2014 rollback tax rate is $.40947. The current proposed rate of $.39083 per $100 valuation exceeds the lower of these two rates by 5%, requiring a record vote. With this agenda item, the Commission must vote on the proposed tax rate and schedule two public hearings on the proposed rate. The proposed tax rate set by this vote cannot be increased. It becomes that maximum tax rate that can be adopted. It is staff’s recommendation that a recorded vote be taken on the proposed tax rate and for the Commission to adopt the budget calendar setting dates for two public hearings.  2014 Planning Calendar for City of Canyon Date Activity April ‐ May Mailing of notices of appraised value by chief appraiser. The chief appraiser prepares and certifies to the tax assessor for each county, municipality, April 30 and school district participating in the appraisal distrcit and estimate of the taxable value. May 15 Deadline for submitting appraisal records to ARB July 20 Deadline for ARB to apprice appraisal records July 25 Deadline for chief appraiser to certify rolls to taxing units Certification of anticipated collection rate by collector Calculation of effective and rollback tax rates Aug 01 72‐hour notice for meeting (Open Meetings Notice) Aug 04 Meeting of governing body to discuss tax rate Publish Notice of 2014 Tax Year Proposed Property Tax Rate for City of ____________. Use the ad that will correspond to the proposed tax rate; if the proposed rate is at or below the effective tax rate, then use the shorter ad. Use the longer ad if the proposed rate will exceed the effective tax rate. This ad must be published by September 1st and 7 days before Aug 10 public hearing. It needs to be one quarter page or larger, the headline must be 24‐point or larger, and it must not be published in the legal section. You must also post the notice on your website no later than September 1st and keep it posted until you have adopted. Aug 15 72‐hour notice for meeting (Open Meetings Notice) Aug 18 Public hearing (should be 7 days after notice is published in the newspaper) Aug 22 72‐hour notice for meeting (Open Meetings Notice) Second public hearing (should be no earlier than 3 days after 1st hearing and no later than Aug 25 14 days) Sept 5 72‐hour notice for meeting at which governing body will adopt (Open Meetings Notice) Sept 8th Meeting to adopt tax rate. Meeting is 3 to 14 days after second public hearing.  AGENDA To: Mayor and City Commission From: Randy Criswell, City Manager Date: August 8, 2014 Re: Consider and Take Appropriate Action on Resolution No. 10-2014, A Resolution for the Purchase of Property Owned by TxDOT. The property west of the existing TxDOT Maintenance Facility has been offered for sale to the City, and as previously authorized, I have carried out my directives with regard to that purchase. Resolution No. 10-2014 has been provided by TxDOT and is required to complete the transaction. Once we approve this Resolution, then money will change hands and we’ll be the owners of the TxDOT land. The total purchase price will be $150,000 for the land plus $7,770 for the cost of the appraisal for a total of $157,770. It is staff’s recommendation that Resolution No. 10-2014 be adopted. City of Canyon  RESOLUTION NO. 10-2014 A RESOLUTION BY THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS, AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE THE APPROPRIATE DOCUMENTS NECESSARY TO FACILITATE THE PURCHASE OF FEE SIMPLE PROPERTY RIGHTS IN APPROXIMATELY 15.00 ACRES OF LAND, OUT OF THE H. & G.N. RAILROAD SURVEY, RANDALL COUNTY, TEXAS; BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS: I. That the City Commission hereby authorizes the City Manager, or his designee to negotiate and execute the appropriate documents and direct payment in the sum of $150,000.00, plus appraisal cost of $7,770.00, to the State of Texas, for the purposes of acquiring fee simple property rights in 15.00 acres of land out of the H. & G.N. Railroad Survey, Randall County, Canyon, Texas, as described in Exhibit “A” attached hereto and made a part hereof for all intents and purposes. II. Funds for these acquisitions are available in the Fund Balance of the City of Canyon. PRESENTED AND PASSED on this the 4th day of August 2014, by a vote of ______ ayes and _____ nays at a regular meeting of the City Commission of the City of Canyon, Texas. QuinnAlexander, Mayor City of Canyon, Texas ATTEST: Gretchen Mercer, City Clerk City of Canyon, Texas APPROVED AS TO FORM: Chuck Hester, City Attorney BY: ____________________  Click to add a photo or drag your photo here. august 2014 monday tuesday wednesday thursday friday saturday sunday 28 29 30 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 1 2 3 4 5 6 7 notes  Click to add a photo or drag your photo here. september 2014 monday tuesday wednesday thursday friday saturday sunday 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 notes