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 1st day of June, 2015, 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 May 18, 2015. 5. Public Forum – Comments from Interested Citizens. 6. Oath of Office for Commissioner Place 4, Duly Elected for Purposes of the May 9, 2015 General Election. 7. Consider and Take Appropriate Action on Second and Final Reading of Resolution No. 08-2015, Conveying Property Located on US Highway 60 to Lone Star Milk Producers for a New Construction Dry Powder Milk Plant. 8. Consider and Take Appropriate Action on Resolution No. 10-2015, Granting Exclusive Rights to the Canyon Chamber of Commerce for Management of Activities at Conner Park and the Downtown Square on July 4th, September 25th, and October 10, 2015 9. Consider and Take Appropriate Action on Resolution No. 11-2015, Granting Approval for the Canyon chamber of Commerce to Conduct a Fireworks Show within the City Limits of Canyon on July 4th, 2015. 10. Consider and Take Appropriate Action on Resolution No. 12-2015, Prohibiting Parking Along Parade Routes on Designated Parade Days for 2015. 11. Executive Session Pursuant to Texas Government Code §551.072 Real Property, §551.087 Economic Development Negotiations, and §551.074 Personnel (Planning and Zoning Commission) 12. Consider and Take Appropriate Action on Items Discussed in Executive Session. 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 29th day of May 2015. Gretchen Mercer, City Clerk City of Canyon City Commission Meeting May 18, 2015 The City Commission of the City of Canyon met in regular session at 5:30 p.m. in the City Commission Chambers of the Civic Complex. Mayor Quinn Alexander presided over the meeting with the following Commissioners in attendance: Mayor Pro-Tem Jed Welch, Gary Hinders, and Justin Richardson. Commissioner David Logan was unable to attend. Also present were the following City Staff: City Manager Randy Criswell, Assistant City Manager Chris Sharp, Assistant City Manager for Special Projects Jon Behrens, Code Enforcement Director Danny Cornelius, Parks and Recreation Director Brian Noel, Public Works Director Dan Reese, Chief of Police Dale Davis, and City Attorney Chuck Hester. Item 1. Call to Order. Mayor Alexander called the meeting to order at 5:33 p.m. Item 2. Invocation. Mayor Pro-Tem Welch gave the invocation. Item 3. Pledge of Allegiance. Item 4. Approval of Minutes of the Meeting of May 4, 2015. Mayor Pro-Tem Welch moved, duly seconded by Commissioner Richardson, to approve the minutes of May 4, 2015. Motion carried unanimously. Item 5. Public Forum – Comments from Interested Citizens. No comments were made. Item 6. Consider and Take Appropriate Action on Resolution No. 09-2015, Canvassing the Returns and Declaring the Results of the May 9, 2015 General Election. City Manager Randy Criswell presented Resolution No. 09-2015 for consideration. Mr. Criswell stated this was formal canvass of the May 9, 2015 election declaring the results. After discussion, Mayor Pro-Tem Welch moved, duly seconded by Commissioner Hinders to approve Resolution No. 09-2015 as presented. Motion carried unanimously. RESOLUTION NO. 09-2015 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS CANVASSING THE RETURNS AND DECLARING THE RESULTS OF A GENERAL ELECTION HELD MAY 9, 2015 FOR THE PURPOSE OF ELECTING MAYOR PLACE 1, AND COMMISSIONER PLACES 2, 3, 4, AND 5. Item 7. Oath of Office for Mayor Place 1 and Commissioners Place 2, 3, 4, and 5, Duly Elected for Purposes of the May 9, 2015 General Election. City Commission Meeting May 18, 2015 Page 2 of 3 City Attorney Chuck Hester administered the Oath of Office to Mayor Quinn Alexander, Commissioner Place 2 Joseph Shehan, Commissioner Place 4 Gary Hinders and Commissioner Place 5 Justin Richardson. Commissioner Place 3 David Logan will be sworn in at the next City Commission Meeting. Item 8. Consider and Take Appropriate Action on Election of Mayor Pro-Tem for the City of Canyon Commission. City Manager Randy Criswell presented the City Commission with the task of electing a Mayor Pro-Tem as directed in the City of Canyon Charter. After discussion, Commissioner Richardson nominated Commissioner Hinders for Mayor Pro- Tem. Commissioner Shehan duly seconded the nomination. The Commission voted unanimously to elect Commissioner Hinders as Mayor Pro-tem. Item 9. First Reading of Resolution No. 08-2015, Conveying Property Located on US Highway 60 to Lone Star Milk Producers for a New Construction Dry Powder Milk Plant. Canyon Economic Development Corporation Board President Randy Croslin presented Resolution No. 08-2015 for the first reading of the required two. Mr. Croslin stated the CEDC held a public hearing on Thursday, May 7th, 2015 with regards to the conveyance of the property located on US Highway 60 for the proposed construction of a dry powder milk plant. City Manager Randy Criswell introduced the CFO of Lone Star Milk Travis Campsey who was present. Mr. Campsey expressed appreciation for the support of Canyon making the project a success. No action taken for the first reading of Resolution No. 08-2015. RESOLUTION NO. 08-2015 RESOLUTION APPROVING PROJECT FUNDING AGREEMENT BETWEEN LONE STAR MILK PRODUCTS CO. (“LSMP”) AND CANYON ECONOMIC DEVELOPMENT CORPORATION (“CEDC”) FOR THE PURPOSE OF FUNDING PRODUCTION OF MILK PRODUCTS AND TO ASSIST IN CONSTRUCTING A PLANT IN CANYON, TEXAS. Item 10. Executive Session Pursuant to Texas Government Code §551.072 Real Property, §551.087 Economic Development Negotiations, and §551.074 Personnel (Planning and Zoning Commission). Mayor Alexander indicated the Commission would adjourn into executive session at 5:51 pm. Item 11. Consider and Take Appropriate Action on Items Discussed in Executive Session. Upon returning from executive session at 7:51 pm with the following action taken. City Commission Meeting May 18, 2015 Page 3 of 3 Commissioner Richardson moved, duly seconded by Commissioner Hinders to direct staff to engage in the process of establishing a reinvestment zone. Motion carried unanimously. Item 12. Adjournment There being no further business, Mayor Pro-Tem Hinders moved this meeting be adjourned. ______________________________ Quinn Alexander, Mayor ATTEST: ________________________________ Gretchen Mercer, City Secretary  STATEMENT OF ELECTED/APPOINTED OFFICER (Pursuant to Tex. Const. art. XVI, §1(b), amended 2001) Statement I, DAVID LOGAN, do solemnly swear, that I have not directly or indirectly paid, offered, promised to pay, contributed, or promised to contribute any money or thing of value, or promised any public office or employment for the giving or withholding of a vote at the election at which I was elected or as a reward to secure my appointment or confirmation, whichever the case may be, so help me God. Commissioner, Place 3 Canyon, TX, Randall County Position to Which Elected/Appointed City and/or County Execution UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING STATEMENT AND THAT THE FACTS STATED THEREIN ARE TRUE. May 18, 2015 _____________________________________________________ Date Officer's Signature Form No. 2201  VxÜà|y|vtàx Éy XÄxvà|ÉÇ \Ç à{x atÅx tÇw Uç à{x Tâà{ÉÜ|àç Éy g{x fàtàx Éy gxåtá g{|á |á àÉ VxÜà|yç? à{tà Wtä|w _ÉztÇ jtá WâÄç XÄxvàxw VÉÅÅ|áá|ÉÇxÜ? cÄtvx F? YÉÜ ÑâÜÑÉáxá Éy à{x `tç CL? ECDH zxÇxÜtÄ xÄxvà|ÉÇA \Ç àxáà|ÅÉÇç ã{xÜxÉy? \ {täx {xÜxâÇàÉ á|zÇxw Åç ÇtÅx tÇw vtâáxw à{x fxtÄ Éy à{x V|àç Éy VtÇçÉÇ àÉ ux tyy|åxw? à{|á à{x DKà{ wtç Éy `tç? ECDHA f|zÇtàâÜx Éy cÜxá|w|Çz byy|vxÜ  In the name and by the authority of The State of Texas OATH OF OFFICE I, DAVID LOGAN, do solemnly swear, that I will faithfully execute the duties of the office of COMMISSIONER, PLACE 3, of the City of Canyon, State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State, so help me God. Affiant SWORN TO and subscribed before me by affiant on this 18th day of May, 2015. Signature of Person Administering Oath Chuck Hester (seal) Printed Name City Attorney Title  AGENDA To: Randy Criswell, City Manager; Mayor and City Commission From: Evelyn Ecker, Executive Director Canyon Economic Development Corp. Date: May 26, 2015 Re: Second and Final Reading of Resolution No. 08-2015 With Regards to the Conveyance of Property Located on US Highway 60 to Lone Star Milk Producers for a New Construction Dry Powder Milk Plant _________________________________________________________________________ The Canyon Economic Development Corporation held a public hearing on Thursday, May 7th with regards to the conveyance of the property located on US Highway 60. This conveyance is being considered as a land grant for the construction of a dry powder milk plant. Please find attached the Resolution for this project and Funding Agreement (draft). This is the second and final reading and it is the recommendation of staff to approve Resolution No. 08-2015. City of Canyon  RESOLUTION NO. 08-2015 RESOLUTION APPROVING PROJECT FUNDING AGREEMENT BETWEEN LONE STAR MILK PRODUCTS CO. (“LSMP”) AND CANYON ECONOMIC DEVELOPMENT CORPORATION (“CEDC”) FOR THE PURPOSE OF FUNDING PRODUCTION OF MILK PRODUCTS AND TO ASSIST IN CONSTRUCTING A PLANT IN CANYON, TEXAS. WHEREAS, on May 7, 2015, the Canyon Economic Development Corporation (“CEDC”) held 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”) as per a request from LONE STAR MILK PRODUCTS CO., for the purpose of constructing a plant for production of milk products: and, WHEREAS, the City Commission of the City of Canyon, Texas, finds it to be in the public interest to approve Project Funding Agreement No. 1 between the Canyon Economic Development Corporation and Lone Star Milk Products Co. for conveyance of land to be used as a plant location; and, WHEREAS; the City Commission approves conveyance of the land described in a Special Warranty Deed from the City of Canyon to CEDC dated March 2, 2015, recorded under Clerk’s File No. 2015003470, Official Public Records, Randall County, Texas, subject to the reservations and restrictions set forth in such conveyance or the cash payment in lieu of the reversionary interest referred to in the Deed; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS; That the project above-described is approved and the officers designated by the CEDC Board of Directors are authorized to execute Project Funding Agreement No. 1 with LONE STAR MILK PRODUCTS CO. and a Deed conveying the above-described land for the purpose of the project described in such Project Funding Agreement. INTRODUCED at the First Reading on the 18th day of May. 2015, and Adopted on the Second Reading on the 1st day of June, 2015. QUINN J. ALEXANDER, MAYOR ATTEST: Gretchen Mercer, City Clerk (resolution.08-2015)  CANYON ECONOMIC DEVELOPMENT CORPORATION PROJECT FUNDING AGREEMENT NO 1. LONE STAR MILK PRODUCTS CO. 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 LONE STAR MILK PRODUCTS CO. (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 2. DRAFT enhance the quality of life of the citizens of Canyon and the surrounding area. The project and performance requirements to be implemented by means of this agreement are described as follows: (a.) Second Party shall construct new improvements consisting of a food grade dairy ingredients plant on the land to be conveyed to Second Party by CEDC at no cost to Second Party as part of the financial incentive package more fully described in ¶2b conforming to the plans and specifications presented to the CEDC Board at the time the project was approved. (b.) The improvements shall be constructed on the following property to be conveyed to Second Party: 15 acres, more or less, in Section 35, Block B-5, H.&GN Ry. Co. Survey, Randall County, Texas, more specifically described in Exhibit “A” attached hereto and incorporated herein by reference for all purposes. (c.) The improvements shall be constructed at Second Party’s expense except to the extent funding is made available under this agreement and any other grant or economic development incentive approved by another entity. 3. The CEDC will provide the following funding and financial incentives for the project in two phases, to-wit: Project Funding Agreement - Lone Star Milk Producers Page -1-  (a.) Phase One is this Project Funding Agreement No. 1 relating to conveyance of the real estate for the plant site. (b.) Phase Two covers the job incentives to be extended by CEDC. Phase Two will be the employee financial incentives under Project Funding Agreement No. 2. (4) The deed conveying the land to Second Party described in ¶2 above shall contain a reversionary interest conditioned as follows: (a.) title to the land shall revert to CEDC in the event Second Party is unable to commence construction not later than 36 months from the effective date of this agreement; and, (b.) in the event the plant closes prior to being in operation for 240 months from the effective date of this agreement, Second Party shall have the option of re-conveying the property to CEDC, after a reasonable time to remove improvements (not to exceed 400 days from the date of plant closure) or payment to CEDC in the amount of $157,700 plus interest at 5% per annum from the date of CEDC’s conveyance to Second Party. In the event Second Party retains title to the property and makes (c.) DRAFT payment to CEDC as specified above, Second Party shall be obligated to maintain the property and any improvements thereon so that the condition of the plant location does not become a nuisance . In the event the reverter clause in the deed becomes effective through the occurrence of a condition specified in subparagraphs (a) or (b) above, Second Party shall re-convey the land described in paragraph 2 above upon written request by CEDC. (d.) In the event the conditions described in subparagraphs (a) or (b) above do not occur and there is not a basis for CEDC to exercise the reversionary interest, at the expiration of 240 months from the effective date of this agreement, CEDC shall quitclaim and release the reverter to Second Party. (e.) The deed from CEDC to Second Party referred to in ¶2(a) and (b) above shall contain a clause substantially as provided in the deed from the City of Canyon to CEDC: 5. In the event the City of Canyon is a lienholder on the property at the time of conveyance by CEDC to Second Party, CEDC shall obtain a subordination of the City's lien to the lien of Second Party's lender. 6. All other terms and provisions of this agreement notwithstanding, the obligations of the parties hereto are expressly made contingent upon the following: (a.) approval of the financial incentives by the CEDC Board; (b.) approval of the financial incentives by the Canyon City Commission; and, (c.) compliance with the requirements of the Texas Development Corporation Act. Project Funding Agreement - Lone Star Milk Producers Page -2- 7. The failure of Second Party to fully and timely comply with any requirement under Project Funding Agreement No. 2 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. 8. Second Party agrees to the following in connection with the project: (a.) Comply at all times with all the requirements of this agreement during performance of Second Party’s obligations hereunder. (b.) Permit an audit by the CEDC of the employee payroll records of Second Party, to determine whether Second Party is in compliance with this agreement. 9. Second Party makes the following covenants and warranties to the CEDC: (a.) Any false or substantially misleading statement contained herein or the failure of DRAFT 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 or authorized agents of Second Party and all necessary approvals have been obtained. Second Party’s designated agent or officer executing this agreement is duly authorized and empowered to execute this agreement and bind Second Party to the covenants, warranties and other terms of this agreement. Second Party’s execution of this agreement and the performance thereof is not contrary to any law, rule, regulation, or provisions of Second Party’s organizational documents or any contract, instrument, or agreement to which Second Party is a party or by which it may be bound at the time this agreement is executed. The authority of 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. Project Funding Agreement - Lone Star Milk Producers Page -3-  (e.) To Second Party’s knowledge no drawing, plan 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 (i.) DRAFT as stated in this agreement and within the scope of the project as stated in this agreement and for no other purpose. 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 described in this agreement and shall provide the necessary staff, employees and funding for the completion and performance of this agreement. (k.) Second Party shall timely and fully perform and comply with all terms and conditions of this agreement. (l.) Second Party shall notify CEDC in writing of substantial changes in the management of Second Party within seven (7) business days. Substantial changes shall mean changes in executive officers, board members, partners or managers. (m.) The Second Party agrees that with regard to all programs and activities arising out of this agreement, the Second Party will not discriminate against any person upon the basis of race, color, national origin, gender, or disability. 10. 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 Project Funding Agreement - Lone Star Milk Producers Page -4-  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. (d.) Material breach of this agreement. 11. Second Party agrees to the following reports in connection with the project: (a.) Second Party shall provide periodic reports as requested by the CEDC. (b.) DRAFT During normal business hours, Second Party shall allow a representative of the CEDC reasonable access to its employee payroll records to verify compliance with this agreement. CEDC agrees to maintain the confidentiality of such records. Such 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. 12. 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 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. 13. 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 Project Funding Agreement - Lone Star Milk Producers Page -5-  correction, removal, or abatement of such delays by using its best efforts, CEDC may excuse any such delay by action of the Board. 14. 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. 15. 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. 16. Second Party specifically agrees that CEDC shall only be liable to Second Party for the amount of money actually budgeted and committed to the project described in this agreement. CEDC shall not be liable or held responsible for any other direct or indirect costs, attorneys fees, expenses, court costs, actual or consequential damages, direct or indirect. It is further stipulated and agreed that CEDC shall only be required to pay the DRAFT 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, 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. 17. This agreement, together with the submittals by Second Party constitutes the entire agreement of the parties hereto and supersedes any oral, written or 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 writing subscribed by the authorized agents of the parties. 18. 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 or joint venturers of the CEDC or employees of the CEDC. This contract is not for the benefit of any third party. Project Funding Agreement - Lone Star Milk Producers Page -6- 19. 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 except as provided herein. 20. This agreement may be executed in a number of identical counterparts each of which shall be deemed an original upon execution by both parties. 21. 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. 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. 22. 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 23. DRAFT agreement shall be construed as if such invalid, illegal, or unenforceable provision had not been contained herein. This agreement is subject to all legal requirements contained in the Municipal Charter and Code of 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. 24. 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. 25. 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. Project Funding Agreement - Lone Star Milk Producers Page -7- 26. 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. DRAFT Project Funding Agreement - Lone Star Milk Producers Page -8- 27. 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 LONE STAR MILK PRODUCTS CO. CORPORATION By:_________________________________ By:_________________________________ Randy Croslin, President/Chairman ___________________________, Name DRAFT 301 16th Street, Canyon, Texas 79015 Address , Title Address Phone Number Phone Number Project Funding Agreement - Lone Star Milk Producers Page -9-  AGENDA To: Mayor and City Commission From: Randy Criswell, City Manager Date: May 27, 2015 Re: Consider and Take Appropriate Action on Resolution No. 10-2015, Granting Exclusive Rights to the Canyon Chamber of Commerce for Management of Activities at Conner Park and the Downtown Square on July 4th,, September 25th, and October 10, 2015 Every year we adopt a Resolution giving the Chamber exclusive management rights for the activities at Conner Park and the Public areas around the Courthouse Square on the 4th of July and the Courthouse Square on the day of the Fair on the Square each October. The Chamber has made some changes due to WTA&MU Homecoming being contained all on campus this year. The Resolution gives exclusive rights to the Chamber for the 4th of July Fair on the Square July 4, 2015, The Canyon Chamber Chowdown to be held on September 25, 2015, and for the Family Fall Fair on the Square October 10, 2015. With the success of last years “Kicking it at Kimbrough” the Chamber plans to hold the same venue for the 4th of July this year and does not currently have any organized activities planned at Conner Park. Everything will be occurring at Kimbrough Stadium. With that being said, we left the language in the Resolution that the Chamber has management rights for Conner Park IF they choose to exercise those rights and have any activities at the park. Resolution No. 10-2015 has been prepared for that purpose. It is staff’s recommendation that Resolution No. 10-2015 be approved. City of Canyon  RESOLUTION NO. 10-2015 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS, GRANTING EXCLUSIVE MANAGEMENT RIGHTS TO THE CANYON CHAMBER OF COMMERCE OVER CONNER PARK AND PUBLIC AREAS IN AND AROUND THE DOWNTOWN SQUARE DURING THE ANNUAL FOURTH OF JULY CELEBRATION, CANYON CHAMBER CHOWDOWN AND THE FAMILY FALL FAIR ON THE SQUARE. WHEREAS, the Canyon Chamber of Commerce organizes and hosts various special events throughout the year including the 4th of July, Canyon Chamber Chowdown, and Family Fall Fair on the Square; and WHEREAS, this patriotic holiday and other Chamber Events have become popular in the City of Canyon drawing thousands of visitors and vendors benefitting the City; and WHEREAS, there is a need for control and management of all activities during Chamber of Commerce Celebrations to control noise; solicitors; crowding from booths, trailers, bouncers, large trucks and trailers; generators and other non-approved vendors. WHEREAS, the Chamber, its sponsors and membership have a substantial investment in these events making each a successful and enjoyable day for the entire community and visitors. 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 exclusive management rights over the Downtown Square, Conner Park and the streets and alleys immediately adjacent to these areas to the Canyon Chamber of Commerce when utilized for the 4th of July celebration to be held on July 4, 2015, The Canyon Chamber Chowdown to be held on September 25, 2015 and the Family Fall Fair on the Square to be held October 10, 2015. PASSED AND APPROVED this 1st day of June 2015. QUINN ALEXANDER, MAYOR ATTEST: ____ Gretchen Mercer, City Clerk  AGENDA To: Mayor and City Commission From: Mike Webb, Fire Chief Date: May 27, 2015 Re: Consider and Take Action on Resolution No. 11-2015, Granting Approval for the Canyon Chamber of Commerce to Conduct a Fireworks Show Within the City Limits of Canyon on July 4th, 2015. The City of Canyon has received a request from the Canyon Chamber of Commerce for permission to conduct their annual 4th of July fireworks display within the City Limits of Canyon, just east of Kimbrough Stadium. As you know, the possession and use of fireworks inside the city limits is prohibited by City Ordinance and in order for the Chamber to do this, the City Commission will have to grant permission for the display to take place. It is staff’s recommendation that Resolution No. 11-2015 be adopted. City of Canyon  RESOLUTION NO. 11-2015 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS, GRANTING APPROVAL FOR THE CANYON CHAMBER OF COMMERCE TO CONDUCT A FIREWORKS SHOW WITHIN THE CITY LIMITS OF CANYON JULY 4, 2015. WHEREAS, The 4th of July 2015 Fireworks show conducted by the Canyon Chamber of Commerce will be conducted at Buffalo Stadium within the City of Canyon City Limits; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS: That the City Commission of the City of Canyon hereby grants permission to the Canyon Chamber of Commerce to conduct a fireworks show within the city limits of Canyon Saturday, July 4, 2015. PASSED AND APPROVED this 1st day of June 2015. QUINN ALEXANDER, MAYOR ATTEST: ____ GRETCHEN MERCER, CITY CLERK  AGENDA To: Mayor and City Commission From: Randy Criswell, City Manager Date: May 27, 2015 Re: Consider and Take Appropriate Action on Resolution No. 12-2015, Prohibiting Parking Along Parade Routes on Designated Parade Days for 2015. Each summer, we adopt a Resolution that enacts Ordinance No. 892, which prohibits parking along designated parade routes on designated parade days. This year there will only be one parade for July 4. It is staff’s recommendation that Resolution No. 12-2015 be approved. City of Canyon  RESOLUTION NO. 12-2015 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON PRESCRIBING LIMITATIONS ON PARKING OR STANDING MOTOR VEHICLES OR TRAILERS DURING PARADE TO BE HELD JULY 4, 2015, IN THE CITY OF CANYON. WHEREAS, the City Commission of the City of Canyon has previously adopted Ordinance No. 892 which added §72.12 to the Code of Ordinances of the City of Canyon; and, WHEREAS, the City Commission finds that the safety of the public during parades requires regulation of parking motor vehicles and trailers on and along the proposed parade routes in the City; and, WHEREAS, the City Commission finds that regulation of parking as set forth herein is in the best interest of the citizens of the City of Canyon and other members of the general public attending parades in the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS: 1. That July 4, 2015 is designated as the day upon which a parade may be held in the City to celebrate Independence Day. 2. Parking or allowing motor vehicles and trailers to stand on or along the roadway of 4th Avenue within the City of Canyon on July 4, 2015 shall be prohibited at the following locations: a) 1100 Block through the 1300 Block - 7:00 a.m. thru 1:00 p.m. b) 1700 Block through the 3400 Block - 7:00 a.m. thru 1:00 p.m. c) 1400 Block through the 1600 Block - 7:00 a.m. thru 4:00 p.m. 3. The Canyon Police Department may erect any warning signage or barricades to control parking or traffic movement on 4th Avenue on the parade days as the Chief of Police and City Manager may deem appropriate. Adopted on June 1, 2015. QUINN ALEXANDER, Mayor ATTEST: Gretchen Mercer, City Clerk (parking-ord-892.resolution)