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 8th day of September, 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 August 25, 2014. 5. Public Forum – Comments from Interested Citizens. 6. Consider and Take Appropriate Action on Resolution No. 13-2014, Approving Fireworks Display on WTAMU Campus for Homecoming Festivities on October 3, 2014. 7. Hold Public Hearing and Consider and Take Appropriate Action on Ordinance No. 1008, Amending Chapter 156, Zoning Code, of the City of Canyon Code of Ordinances, by Adding Section 5.13 Alcoholic Beverage Sales; Providing for Severability; Providing for Repealer; Providing for an Effective Date. 8. Budget Work Session. 9. Consider and Take Appropriate Action on Ordinance No. 1010, Approving a Budget for the City of Canyon for Fiscal Year October 1, 2014 through September 30, 2015. 10. Consider and Take Appropriate Action on Ordinance No. 1011, Setting the Tax Rate and Tax Levy for the Year 2014. 11. Consider and Take Appropriate Action on Ordinance No. 1012, Repealing Ordinance No. 970, Amending Chapter 51 of the Water and Sewer Code of the City of Canyon, Texas, Section 51-21, by Increasing Rates for Water Service. 12. Consider and Take Appropriate Action on Ordinance No. 1013, Repealing Ordinance No. 945, Amending Chapter 50 of the Garbage and Trash Code of the City of Canyon, Texas, Subsection 50-18, by Increasing Rates for Trash Disposal Service. 13. 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 5th day of September, 2014. Gretchen Mercer, City Clerk City of Canyon City Commission Meeting August 25, 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, and Justin Richardson, Commissioners Gary Hinders and David Logan were unable to attend. Also present were the following City Staff: City Manager Randy Criswell, Assistant City Manager Chris Sharp, City Secretary Gretchen Mercer, Fire Chief Mike Webb, Parks and Recreation Director Brian Noel, Golf Course Manager Casey Renner, Librarian Sandra Munger, Assistant City Manager for Special Projects Jon Behrens, Director of Public Works Dan Reese, Police Chief Dale Davis, Code Enforcement Director Danny Cornelius, Business and Community Development Director Evelyn Ecker, City of Canyon Swimming Pool Manager Andrew Neighbors, and City Attorney Chuck Hester. Item 1. Call to Order. Mayor Alexander called the meeting to order at 5:32 p.m. Item 2. Invocation. Commissioner Richardson gave the invocation. Item 3. Pledge of Allegiance. Amanda Rogers with the Canyon News led the Pledge of Allegiance. Item 4. Approval of Minutes of the Meeting of August 18, 2014. Mayor Pro-Tem Welch moved, duly seconded by Commissioner Richardson, to approve the minutes of August 18, 2014. Motion carried unanimously. Item 5. Public Forum – Comments from Interested Citizens. Jodi Davis of 18301 S. Western, Canyon, Texas spoke in support of the need for a new Canyon pool. Ms. Davis stated she was a teacher for CISD and via social media had invited comments for a new pool. Ms. Davis provided documentation in the form of emails supporting a new pool facility. Michael Brewer of 3302 Mable, Canyon, Texas spoke in support of a new water facility and expressed appreciation to the swimming pool manager Andrew Neighbors. Mr. Brewer said with a new facility people would stay here and come from surrounding towns. Brenda Zotter of 6400 Cristler, Canyon, Texas, spoke in support of a pool, water park or something with diversity. Ms. Zotter said a lot of people go to Dallas, Pampa, and other surrounding cities that have better facilities and felt people would stay in Canyon if we had a new pool. Tyler Troyer of 2924 Mable, Canyon, Texas stated Canyon needs a pool for the swim team City Commission Meeting August 25, 2014 Page 2 of 4 with lap lanes and dive boards. Mr. Troyer stated this would help the swim team have practice and meets locally. Lisa Rhodes of 27 Idlewood Lane, Canyon, Texas spoke in support of a pool and said it would provide opportunities for “staycations” and bring people from surrounding communities to Canyon. Greg Ragland – Mr. Ragland stated he does not live in the City of Canyon, but was acting as a representative of the Canyon Swim Team. Mr. Ragland said he came directly to the commission meeting from a swim team practice at WTAMU. Mr. Ragland said he had 40 swimmers in 3 lanes including 20+ new members showing there is a lot of interest. Mr. Ragland asked that the study be done so a new aquatic facility can be taken to the people for a bond election. Christa Neal of 23099 Crooked Creek Rd., Canyon Texas spoke in support of a new pool. Ms. Neal said they currently drive to Hereford, Texas daily for her children to participate on the swim team, and purchases her grocery’s while there. Mary Freund-Braun of 2400 7th Ave, Canyon, Texas spoke in favor of a new pool stating it could bring more commerce. Ms. Freund-Braun said the Pampa pool is impressive but she supports the Canyon pool stating Pool Manager Andrew Neighbors and staff do an excellent job. Andrew Neighbors, the City of Canyon Pool Manager and a member of the Pool Committee said it had been a year since he presented a report put together by the committee. Mr. Neighbors said the day after that presentation he went back to school and had 100+ conversations with people asking about the status on a new pool for Canyon, that there is a lot of support for it in the community. Mr. Neighbors said the Pampa pool has put them on the map and he felt a new pool would do the same for Canyon. Mayor Alexander moved to address Item 7 next. Item 7. Consider and Take Appropriate Action on RFQ’s for Swimming Pool. Mayor Alexander praised the report from the Pool Committee, and the work done by Pool Manager Andrew Neighbors. Mayor Alexander gave a brief description on what was gained by the study and explained it’s a big consideration to go into debt when the city has been debt free for a long time. Assistant City Manager for Special Projects Jon Behrens addressed the Commissioners and asked to send out a Request for Qualifications (RFQ). Mr. Behrens stated this would allow for the city to search for the most qualified team to provide a feasibility study for an aquatic facility to best fit the needs and wants of Canyon. Mr. Behrens said the study would basically break down into 6 stages: (1) Design program; (2) Cost estimates; (3) Programming; (4) Operation Structure; (5) Revenue Projections; and (6) End results. Mr. Behrens said the study would cost $5,000 to $40,000 but the RFQ costs nothing. Mayor Pro-Tem asked if the study done by the Pool Committee would be taken into consideration and if a feasibility study was needed. Mr. Behrens said the Pool Committee study is a very good starting point giving what is wanted by the citizens. The consultants will use that information along with their more in-depth findings providing cost City Commission Meeting August 25, 2014 Page 3 of 4 estimates for construction and staffing and running the pool as well as rolling cost projections. Mr. Behrens gave an example of a city not doing a feasibility study and 3 weeks out from completion of the facility they learned they were 3 million over budget due to not knowing the full operational costs. Commissioner Richardson commended Mr. Behrens on a very informative presentation and thanked the Pool Committee for an outstanding job. Mayor Alexander expressed appreciation and said paying the fees for the feasibility study would be determined in the budget. After discussion, Mayor Pro-Tem Welch moved, duly seconded by Commissioner Richardson to proceed with the Request for Qualifications as stated. Motion carried unanimously. Item 8. Budget Work Session. Mayor Alexander gave a brief recap on the last budget work session. Mayor Alexander requested that City Manager Randy Criswell clarify where the funds for a pool study would come from. Mr. Criswell said he didn’t want to see the Commissioners have to pick between a park for Canyon East Subdivision and a pool. Mr. Criswell said in the past money was pulled from reserves for studies such as the golf course purchase and the city hall study. Mr. Criswell suggested putting the $40,000 for the pool study in the proposed budget towards the Canyon East Park and pay for the pool feasibility study out of reserves. Mayor Alexander and Mayor Pro- Tem Welch inquired to the unrestricted balance in the bank and how much had been pulled out this year. Finance Director Chris Sharp reported there was approximately 7 million in reserves. Commissioners then discussed other items in the budget with verification made on effects of the proposed taxes. Item 9. Hold Second and Final Public Hearing on Proposed Tax Rate for Fiscal Year 2014- 2015 Mayor Alexander opened the Public Hearing for the Proposed Tax Rate for Fiscal Year 2014- 2015. There being no comment, Mayor Alexander closed the Public Hearing. Mayor Alexander then moved back to Item 6 on the agenda. Item 6. Consider and Take Appropriate Action on Proposed CEDC Budget for 2014-2015 with Financial Update. Business and Community Development Director Evelyn Ecker presented the proposed budget for 2014-2015 for the Canyon Economic Development Corporation. Ms. Ecker said the proposed budget was approved by the Canyon Economic Development Corporation Board of Directors at their August 14, 2014 meeting. Ms. Ecker also gave a financial update. After brief discussion, Mayor Pro-Tem Welch moved, duly seconded by Commissioner Richardson to approve the 2014-2015 CEDC Budget as presented. Motion carried unanimously. Item 10. Executive Session Pursuant to Texas Government Code §551.072, Deliberation Regarding Real Property, §551.087 Economic Development Negotiations, §551.071, City Commission Meeting August 25, 2014 Page 4 of 4 Consultation with Attorney, and §551.074, Personnel Matters (CEDC Board of Directors, City Manager, City Attorney, Municipal Court Judge, City Engineer). Mayor Alexander indicated the Commission would adjourn into executive session at 6:35 p.m. Item 11. Consider and Take Appropriate Action on Items Discussed in Executive Session. Upon returning from executive session at 9:54 pm, the following action was taken. Mayor Pro-Tem Welch moved, duly seconded by Mayor Alexander to re-appoint Jim Bryan, Cory Bruce, Don Lee and Randy Croslin for another term on the Canyon Economic Development Corporation Board of Directors. Motion carried unanimously. Commissioner Richardson moved, duly seconded by Mayor Alexander to extend the contract for City Manager Randy Criswell to 3 years with an 18 month severance, 5% salary increase and increase his car allowance from $650 a month to $700 a month. Motion carried unanimously. Mayor Pro-Tem Welch moved, duly seconded by Mayor Alexander to increase City Attorney Chuck Hester’s base pay to $6700 a month. Motion carried unanimously. Commissioner Richardson moved, duly seconded by Mayor Pro-Tem Welch to increase Municipal Court Judge Bob Splawn’s monthly salary from $1550 a month to $1600 a month. Motion carried unanimously. Mayor Pro-Tem Welch moved, duly seconded by Mayor Alexander to contract with the City Engineer, Brandt Engineering as is. Motion carried unanimously. Item 12. Adjournment There being no further business, Mayor Pro-Tem Welch moved this meeting be adjourned. __________________________ Quinn Alexander, Mayor ATTEST: ________________________________ Gretchen Mercer, City Secretary  AGENDA To: Mayor and City Commission From: Randy Criswell, City Manager Date: September 8, 2014 Re: Consider and Take Appropriate Action on Resolution No. 13-2014, Approving Fireworks Display on WTAMU Campus for Homecoming Festivities on October 3, 2014. Please see the attached information from WTAMU pertaining to a fireworks show on the campus as a part of the Homecoming festivities. Chief Webb has been in contact with WTAMU, and is in support of their show. There are a couple of documents attached for your review. It is staff’s recommendation that Resolution No. 13-2014 be approved. City of Canyon  HOMECOMING 2014 PYRO PLOT Secure Zone – Secured by University Police & Barriers 754' 8' x 16' Stage 1.4G 25' Gerbs 14 3' 315' 422' Viewing Area 439' 1.3G Product 1.4G Product 586' 2" Shells 2.5" Shells 417' 150' Mines 3" Shells 200' Mines 4" Shells 275' Mines NOTES: Secure Zone to be secured by WTAMU Police Department. Canyon Fire Department will provide Fire Standby with Truck and Personnel. If overflow parking is needed half of Parking Lot may be released by WTAMU police, marked by barriers to within 400' of firing site. All product will be detonated via Pyrodigital Field Controller (Digital). Two Stage Technicians with Fire Extinguishers will be on either side of stage for Gerbs and monitor of open flame effect Stage Left on separate platform.  Pyrotechnics at Homecoming What The Homecoming committee is contracting a pyrotechnic show through the Texas Panhandle Heritage Foundation. The WTAMU Student Body proposed this event as something they can host for the alumni and community. When The event will be a part of Pigskin Revue on Friday October 3, 2014. The timeline for the event is as follows: Pigskin Revue starts- 7:00 pm Procession to Maroon Block Party- 8:10 pm Maroon Block Party- 8:20 - 10:00 pm Pyrotechnic show- Dark (exact time to be determined) Pyrotechnics Show ends- Approximately 15-20 minutes after start Where The proposed location for the event is that the procession will take place from the Box to a stage set up inside the Buffalo Sports Complex. The pyrotechnics will be set up and fired from the north side of the BSC. Safety- A 280-foot diameter is required to block off all pedestrian and vehicle traffic. The Texas Panhandle Heritage Foundation proposed a 300-foot diameter area surrounding the sight that will be blocked off and monitored by trained safety employees of the Texas Panhandle Heritage Foundation. The viewing area proposed is over 400-feet from the firing site. There will also be members of UPD, Environmental Safety, and the Canyon Fire Department on scene to ensure all possible safety measures are taken. Texas Panhandle Heritage Foundation will work with the local fire marshal and Canyon Fire Department to identify and prevent any possible damage. Contact For more information or to answer any questions, contact Shawn Burns, Chief of Police West Texas A&M University 806-651-2300  RESOLUTION NO. 13-2014 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS, APPROVING A FIREWORKS SHOW WITHIN THE CITY LIMITS OF CANYON FOR THE WEST TEXAS A&M UNIVERSITY HOMECOMING FESTIVITIES OCTOBER 3, 2014. WHEREAS, A Fireworks show will be conducted within the city limits of Canyon October 3, 2014 in celebration of West Texas A&M University’s annual homecoming; 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 for a fireworks show within the city limits of Canyon Friday, October 3, 2014. PASSED AND APPROVED this 8th day of September 2014. QUINN ALEXANDER, MAYOR ATTEST: ____ GRETCHEN MERCER, CITY CLERK  AGENDA To: Mayor and City Commission From: Danny Cornelius, Director of Code Enforcement Date: August 26, 2014 Re: Hold Public Hearing and Consider and Take Appropriate Action on Ordinance No. 1008, Amending Chapter 156, Zoning Code, of the City of Canyon Code of Ordinances, by Adding Section 5.13 Alcoholic Beverage Sales; Providing for Severability; Providing for Repealer; Providing for an Effective Date. The Planning and Zoning Commission has been studying municipal authority concerning alcohol sales to prepare for the upcoming Local Option Election. Although municipalities are given very limited authority to regulate alcohol sales, it has been recommended by local representatives of the Texas Alcoholic Beverage Commission that the city be prepared in the event alcohol sales are approved. Businesses offering alcohol sales cannot be treated differently than similar businesses that do not offer alcohol sales. For example, a restaurant offering mixed beverages for sale could not be zoned differently than a restaurant which does not offer mixed beverages. The same applies to retail sales of beer and wine in grocery stores, convenience stores and package stores. Chapter 105 of the Texas Alcoholic Beverage Code does give municipalities the authority to adopt ordinances whereby extended hours of operation may be allowed for holders of mixed beverage permits, wine and beer retailer’s permits or wine and beer retailer’s off-premise permits. We need to hold a public hearing and consider adopting Ordinance No. 1008. The ordinance establishes hours of sale and allows for extended hours of sale until 2:00 am for businesses with a late hours permit issued by the TABC. The Planning and Zoning voted to recommend adoption of Ordinance 1008. City of Canyon  ORDINANCE NO. 1008 Alcoholic Beverage Sales AN ORDINANCE OF THE CITY OF CANYON, TEXAS, AMENDING CHAPTER 156, ZONING CODE, OF THE CITY OF CANYON CODE OF ORDINANCES, BY ADDING SECTION 5.13 ALCOHOLIC BEVERAGE SALES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR 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; and, WHEREAS; the Planning and Zoning Commission of the City of Canyon, recommended certain amendments to City of Canyon Code of Ordinances, Chapter 156, Zoning Code; and, WHEREAS; the City Commission finds that the proposed amendments to Chapter 156 as recommended by the Planning and Zoning Commission would be in the best interest of the City; and, WHEREAS; section 105.03, 105.04 and 105.05 of the Texas Alcoholic Beverage Code authorizes municipalities to establish extended hours for the sale of mixed beverages, beer, and the sale and delivery for alcoholic beverages sold under a mixed beverage permit, a wine and beer retailer’s permit or wine and beer retailer’s off-premise permit; NOW THEREFORE: BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS; SECTION 1: That Chapter 156, Section 5.13, Alcoholic Beverage Sales is hereby adopted as follows: Definitions Alcoholic Beverage – Alcohol, or any beverage containing more than one-half of one percent of alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted. Beer - A malt beverage containing one-half of one percent or more of alcohol by volume and not more than four percent of alcohol by weight. Licensee – A person who is the holder of a license provided under the provisions of the Texas Alcoholic Beverage Code, or any agent, servant, or employee of that person. Mixed Beverage - One or more servings of a beverage composed in whole or part of an alcoholic beverage in a sealed or unsealed container of any legal size for consumption on the premises where 1 served or sold by the holder of a mixed beverage permit, the holder of a daily temporary mixed beverage permit, the holder of a caterer's permit, the holder of a mixed beverage late hours permit, the holder of a private club registration permit, or the holder of a private club late hours permit as defined by the Texas Alcoholic Beverage Code. Hours of Sale No person may sell or offer for sale alcoholic beverages at any time not permitted by this section. 1. A mixed beverage licensee may sell and offer for sale mixed beverages between 7:00 am and midnight on any day except Sunday. On Sunday mixed beverages may be sold between midnight and 1:00 am and between 10:00 am and midnight, except that an alcoholic beverage served to a customer between 10:00 am and 12:00 noon on Sunday must be provided during the service of food to the customer. A holder of a mixed beverage late hours permit issued under the provisions of the Texas Alcoholic Beverage Code, may also sell and offer for sale mixed beverages between midnight and 2:00 am on any day. 2. A licensee may sell, offer for sale, or deliver beer between 7:00 am and midnight on any day except Sunday. On Sunday beer may be sold between midnight and 1:00 am and between 12:00 noon and midnight, except that licensees authorized to sell for on-premise consumption may sell beer between 10:00 am and 12:00 noon if the beer is served to a customer during service of food to the customer. A holder of a retail dealer’s on-premise late hours permit under the provisions of the Texas Alcoholic Beverage Code, may also sell, offer for sale, and deliver beer between midnight and 2:00 am on any day. 3. The hours of sale and delivery for alcoholic beverages sold under a wine and beer retailer’s permit or wine and beer retailer’s off-premise permit are the same as those described for the sale of beer in paragraph 2, except that no sale shall be allowed between 2:00 am and 12:00 noon on Sunday. SECTION 2: Severability. If any provision, section, subsection, 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 continued herein shall become inoperative or fail by any reasons of the unconstitutionality of any other portion or provision. SECTION 3: Repealer. All ordinances, parts of ordinances, resolutions, and parts of resolutions in conflict with this ordinance are hereby repealed to the extent of conflict with this ordinance. 2 SECTION 4: Effective Date. This ordinance shall become effective immediately. INTRODUCED AND PASSED by the City Commission of the City of Canyon, Texas on the day of , 2014 ________________________ Quinn Alexander, Mayor ATTEST: __________________________ Gretchen Mercer, City Clerk 3  AGENDA To: Mayor and City Commission From: Randy Criswell, City Manager Date: September 8, 2014 Re: Budget Work Session. As of the last meeting, I’m not aware of any issues still remaining with the budget. All decisions appear to have been made and agreed upon. The budget settled on a $100,000 investment into the Canyon East Park, and the money for the Aquatic Study will be taken from reserves. The budget stands at $15.6 million. The proposed tax rate is $0.39083, an increase from $0.37613. Increases to water rates and solid waste rates have been included, and will be acted on at a later time during this meeting. City of Canyon  AGENDA To: Mayor and City Commission From: Chris Sharp, Assistant City Manager Date: September 02, 2014 Re: Consider and Take Appropriate Action on Ordinance No. 1010, Approving a Budget for the City of Canyon for Fiscal Year October 1, 2014 through September 30, 2015 Pursuant to the Texas Local Government Code, the City must adopt a budget for the 2014 – 2015 Fiscal Year. The Budget has been finalized and Ordinance No. 1010 will officially adopt the budget. It is staff’s recommendation that the Commission approve Ordinance No. 1010 adopting the 2014-2015 fiscal year budget. City of Canyon  ORDINANCE NO. 1010 AN ORDINANCE ADOPTING AND APPROVING A BUDGET FOR THE CITY OF CANYON, TEXAS, FOR THE FISCAL YEAR OCTOBER 1, 2014 THROUGH SEPTEMBER 30, 2015 WHEREAS, heretofore a budget for the fiscal year October 1, 2014, through September 30, 2015, has been prepared by Randy Criswell, as Budget Officer, for the City of Canyon, Texas; and WHEREAS, said budget has been presented by the City Manager in accordance with the City Charter; and WHEREAS, FURTHER, after full and final consideration, the public hearing has been held of said budget, and it is the consensus of opinion that the budget, as filed, should be approved. The financial condition and comparative expenditures as filed have been duly considered. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CANYON, that the City Commission of the City of Canyon ratify, adopt and approve the budget as filed and amended for the fiscal year October 1, 2014 through September 30, 2015. PASSED AND APPROVED by a majority of the City Commission at a regular meeting in the Commission Chambers of the Civic Complex on the 8th day of September, 2014. QUINN ALEXANDER, MAYOR ATTEST: _ ______ _ GRETCHEN MERCER, CITY CLERK  AGENDA To: Mayor and City Commission From: Chris Sharp, Assistant City Manager Date: September 02, 2014 Re: Consider and Take Appropriate Action on Ordinance No. 1011, Setting the Tax Rate and Tax Levy for the Year 2014 Ordinance No. 1011 has been prepared for adoption. This Ordinance will adopt an ad valorem tax rate of $0.39083/hundred dollars valuation, an increase of 3.9% over the current tax rate, which is an increase of 5% over the effective tax rate. There must be specific language used for adoption of the new tax rate. The motion needs to say: “I move that Ordinance No. 1011 be adopted, and that the property tax rate be increased by the adoption of a tax rate of $0.39083, which is effectively a 5% increase in the tax rate.” City of Canyon  ORDINANCE NO. 1011 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS, SETTING THE AD VALOREM TAX RATE OF THE CITY OF CANYON, FOR THE YEAR 2014 AT A RATE OF $0.39083 PER ONE HUNDRED DOLLARS ($100.00) VALUATION ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF CANYON SPECIFYING SEPARATE COMPONENTS OF SUCH RATE FOR OPERATIONS AND MAINTENANCE AND FOR DEBT SERVICE; LEVYING AN AD VALOREM TAX FOR THE YEAR 2014; ESTABLISHING AN EFFECTIVE DATE; PROVIDING FOR COLLECTION AND ORDAINING OTHER RELATED MATTERS; REPEALING CONFLICTING ORDINANCES. WHEREAS, the appraisal roll of the City of Canyon, Texas (the City) for 2014 has been prepared and certified by the Potter Randall Appraisal District and submitted to the City’s tax assessor/collector; and WHEREAS, the City’s tax assessor/collector has submitted the appraisal roll for the City showing $843,877,533 total appraised, assessed and taxable value of all property and the total taxable value of new property to the City; and WHEREAS, following notice and hearing in accordance with applicable legal requirements and based upon said appraisal roll, the City Commission has determined a tax rate to be levied for 2014 sufficient to provide the tax revenues required by the City; WHEREAS, this tax rate will raise more taxes for maintenance and operations than last year’s tax rate; WHEREAS, the tax rate will effectively be raised by 5% and rate will raise taxes for maintenance and operations on a $125,500 home by approximately $23.36. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS: Section 1. That an ad valorem tax rate of $0.39083 per one hundred dollars ($100.00) assessed valuation is hereby adopted for the 2014 calendar year, such rate consisting of the following specified components: a) For maintenance and operations, $0.39083 per one hundred dollars ($100.00) assessed valuation. b) For payment of principal and interest on bonds, $0 per one hundred dollars ($100.00) assessed valuation.  Section 2. That an ad valorem tax for the 2014 calendar year in the amount established by the rate hereinabove provided is hereby levied and assessed on all taxable property, real, personal and mixed, situated within the corporate limits of the City of Canyon, Texas, and not otherwise exempt under the Constitution and laws of the State of Texas. Section 4. That the Randall County tax assessor-collector is hereby authorized to assess and collect the taxes of the City of Canyon, Texas, employing the above tax rate. Section 5. That all ordinances and parts of ordinances in conflict with this ordinance be and the same are hereby repealed to the extent of said conflict. Section 6. That this ordinance shall be effective October 1, 2014. Those Members Present Were: 1. Mayor Quinn Alexander 4. Commissioner Gary Hinders 2. Mayor Pro-Tem Jed Welch 5. Commissioner Justin Richardson 3. Commissioner David Logan Those Members Voting For: 1. 4. 2. 5. 3. Those Members Voting Against: 1. 4. 2. 5. 3. Those Members Present, but Not Voting: 1. n/a 4. 2. 5. 3. Those Members Absent: 1. n/a 4. 2. 5. 3.  PASSED AND APPROVED this 8th day of September, 2014. CITY OF CANYON, TEXAS ________________________________ Quinn Alexander, Mayor ATTEST: _________________________________ Gretchen Mercer, City Clerk  AGENDA To: Mayor and City Commission From: Chris Sharp, Assistant City Manager Date: September 2, 2014 Re: Consider and Take Appropriate Action on Ordinance No. 1012 Repealing Ordinance No. 970, Amending Chapter 51 of the Water and Sewer Code of the City of Canyon, Texas, Section 51-21, by Increasing Rates for Water Service As discussed during the budget work sessions, the City of Amarillo is increasing the water rates they charge us by 5%. Currently, about 1/3 of the water we use comes from Amarillo. In order to offset the cost of the increase, we need to increase our water rates by 2% across the board. Ordinance No. 1012 adopts the new rate. A copy of Ordinance No. 970 is also included for your comparison. It is staff’s recommendation that the Commission approve Ordinance No. 1012 and adopt the new water rate. City of Canyon  ORDINANCE NO.1012 AN ORDINANCE REPEALING ORDINANCE NO. 970 OF THE CITY OF CANYON, TEXAS; AMENDING CHAPTER 51 OF THE WATER AND SEWER CODE OF THE CITY OF CANYON, TEXAS, SECTION 51-21, BY INCREASING RATES FOR WATER SERVICE; PROVIDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Canyon has heretofore adopted a Water and Sewer Code providing fees to be charged for water service, and the City Commission has determined that the rates established by Ordinance No. 970 should be amended, increasing the rates for water service in order that such service shall be self-supporting in operation and provide funds for required maintenance and expansion. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS THAT: Section 1: That the Water and Sewer Code of the City of Canyon, Texas, Chapter 51, Section 51-21, is hereby amended to read as follows: 5-21. Rates established - For Water Unless otherwise provided in this Article, the water rates per month to be charged and collected by the City from all customers obtaining service from the water system shall be fixed as set forth below: Base + 2,000 gallons $25.14 minimum 2,001 - 8,000 gallons $4.18 per thousand 8,001 – 20,000 gallons $5.47 per thousand 20,001 – 35,000 gallons $5.61 per thousand 35,001 – 50,000 gallons $5.75 per thousand Over 50,000 gallons $6.12 per thousand Section 2: All ordinances and amendments thereto in conflict with the provisions of this ordinance shall be and are hereby repealed. Section 3: In the event any part or parts of this ordinance shall be held invalid, no valid part or parts shall be affected thereby. Section 4: This Ordinance shall be effective October 1, 2014. PASSED AND ADOPTED this 8th day of September, 2014. Quinn Alexander, Mayor ATTEST: Gretchen Mercer, City Clerk  ORDINANCE NO. 970 AN ORDINANCE REPEALING ORDINANCE NO. 943 OF THE CITY OF CANYON, TEXAS; AMENDING CHAPTER 51 OF THE WATER AND SEWER CODE OF THE CITY OF CANYON, TEXAS, SECTION 51- 21, BY INCREASING RATES FOR WATER SERVICE; PROVIDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Canyon has heretofore adopted a Water and Sewer Code providing fees to be charged for water service, and the City Commission has determined that the rates established by Ordinance No. 943 should be amended, increasing the rates for water service in order that such service shall be self-supporting in operation and provide funds for required maintenance and expansion. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS THAT: Section 1: That the Water and Sewer Code of the City of Canyon, Texas, Chapter 51, Section 51- 21, is hereby amended to read as follows: 51- 21 Rates established - For Water Unless otherwise provided in this Article, the water rates per month to be charged and collected by the City from all customers obtaining service from the water system shall be fixed as set forth below: First 2, 000 gallons 24. 65 minimum 2, 000 to 8,000 gallons 4. 18 per 1M 8, 001 to 20, 000 gallons 5. 36 per 1M 20, 001 to 35,000 gallons $ 5. 50 per 1M 35, 001 to 50, 000 gallons $ 5. 64 per 1M Over 50, 001 gallons 6. 00 per 1M Educational Rate 4. 95 per 1M Bulk Water Unless otherwise provided in this Article, the purchase of Bulk Water shall be charged and collected by the City from customers purchasing Bulk Water and fixed as set forth below: 6. 88 per 1, 000 gallons Section 2: All ordinances and amendments thereto in conflict with the provisions of this ordinance shall be and are hereby repealed. Section 3: In the event any part or parts of this ordinance shall be held invalid, no valid part or parts shall be affected thereby. Section 4: This Ordinance shall be effective May 1, 2013. 18th PASSED AND ADOPTED this day of March, 2013. nn Alexander, Mayor ATT : ret• en Mercer, ity leek  AGENDA To: Mayor and City Commission From: Chris Sharp, Assistant City Manager Date: September 2, 2014 Re: Consider and Take Appropriate Action on Ordinance No. 1013 Repealing Ordinance No. 945, Amending Chapter 50 of the Garbage and Trash Code of the City of Canyon, Texas, Subsection 50-18, by Increasing Rates for Trash Disposal Service Due to increased costs in operating garbage and trash collection, an increase of $1 a month for both residential and commercial solid waste collection is needed. Residential solid waste will increase to $18.50 a month. Commercial solid waste will increase to $2.82 per cubic yard per weekly pickup with a minimum charge being $18.50. Ordinance No. 1013 adopts the new rate. A copy of Ordinance No. 945 is also included for your comparison. It is staff’s recommendation that the Commission approve Ordinance No. 1013 and adopt the new residential and commercial solid waste rates. City of Canyon  ORDINANCE NO. 1013 AN ORDINANCE REPEALING ORDINANCE NO. 945 OF THE CITY OF CANYON, TEXAS; PERTAINING TO GARBAGE AND TRASH RATES; AMENDING CHAPTER 50, “GARBAGE AND TRASH” OF THE CODE OF ORDINANCES OF THE CITY OF CANYON, TEXAS, BY AMENDING SUBSECTION 50-18 PROVIDING FOR GARBAGE AND TRASH DISPOSAL BY CITY ONLY AND ESTABLISHING RATES THEREFORE; PROVIDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Canyon has heretofore passed Ordinance No. 945 establishing rates to be charged for garbage and trash collection services provided by the City of Canyon; and the City Commission has determined that such Ordinance shall be repealed; and WHEREAS, the City Commission has determined that Chapter 50, “Garbage and Trash” of the Code of Ordinances of the City of Canyon is hereby amended to that hereafter it shall read as follows: Section 50-18. Disposal by City Only; Rates Established. (a) Only duly authorized agents and/or employees of the City shall remove garbage, trash, rubbish from residential, public, and commercial establishments except as in this article otherwise provided. The monthly rates or charges for garbage and trash disposal services furnished by the City shall be as follows: Type of Service Monthly Charge 1-family residence $18.50 Multi-family residences of 1 to 4 units (per unit) $18.50 Multi-family complexes of 5 or more units (per unit) $16.00 Mobile home parks (per unit) $18.50 Commercial establishments shall be charged $2.82 per cubic yard per weekly pickup with a minimum charge of $18.50; however, if a container is shared with other users, the cost shall be shared equally by all users Example (No. Cubic Yards) Times (No. of Weekly Pickups) Times (4.3 Weeks) Times ($2.82) (Divided by No. Businesses Sharing Dumpsters) Section 2: All ordinances and amendments thereto in conflict with the provisions of this ordinance shall be and are hereby repealed. Section 3: In the event any part or parts of this ordinance shall be held invalid, no valid part or parts shall be affected thereby. Section 4: This Ordinance shall be effective October 1, 2014. Ordinance No. 945 (cont’d) PASSED AND ADOPTED this 8th day of September, 2014. QUINN ALEXANDER, MAYOR ATTEST: Gretchen Mercer, City Clerk 2