City of Canyon Commission Meetings
Regular MeetingCanyon, TX · May 2, 2016
Minutes
City Commission Meeting
May 2, 2016
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 Gary Hinders, Joseph Shehan, 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, Assistant City Manager for Special Projects Jon
Behrens, Director of Public Works Dan Reese, Director of Code Enforcement Danny Cornelius,
Community and Business Development Director Evelyn Ecker, and City Attorney Chuck Hester.
Item 1. Call to Order.
Mayor Alexander called the meeting to order at 5:36 p.m.
Item 2. Invocation.
Commissioner Logan gave the invocation.
Item 3. Pledge of Allegiance.
The Pledge of Allegiance was led by Public Works Director Dan Reese.
Item 4. Approval of Minutes of the Meeting of April 18, 2016.
Commissioner Logan moved, duly seconded by Mayor Pro-Tem Hinders, to approve the minutes
of April 18, 2016 as presented. Motion carried unanimously.
Item 5. Public Comment– Comments from Interested Citizens.
No public comment was made.
Item 6. Consider and Take Appropriate Action on Second and Final Reading of Resolution
No. 06-2016, Considering Direct Financial Assistance for a Project Located at 1206
23rd Street, Canyon, Texas, West Texas Western Store.
Business and Community Development Director Evelyn Ecker presented Resolution No. 06-2016
for its second and final reading.
After discussion, Commissioner Logan moved duly seconded by Commissioner Shehan to adopt
Resolution No. 06-2016 as presented. Motion carried unanimously.
RESOLUTION NO. 06-2016
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON
APPROVING PROJECT FUNDING AGREEMENT BETWEEN WEST TEXAS
WESTERN STORE AND CANYON ECONOMIC DEVELOPMENT
CORPORATION REGARDING DIRECT FINANCIAL ASSISTANCE FOR A
City Commission Meeting
May 2, 2016
Page 2 of 3
PROJECT LOCATED AT 1206 23RD STREET, CANYON, TEXAS. THE
FUNDING IS BASED ON EXISTING BUSINESS RETENTION.
Item 7. Consider and Take Appropriate Action Approval of Recommendation from the Parks,
Open Space, and Recreational Advisory Committee Regarding the Amphitheater at
Neblett Park.
City Manager Randy Criswell presented Ordinance No. 1034 to be considered for the designation
and naming of the downtown park on the south half of the 1500 block of 6th Avenue. The
southwest corner of this property has been historically referred to as a park, and this Ordinance
would formally dedicate and name the park. Mr. Criswell said the Parks, Open Space and
Recreational Advisory Committee recommended the name Neblett Park based on the historical
importance of the Neblett Clinic, which eventually became Neblett Hospital, Canyon’s first
significant medical facility. Assistant City Manager Jon Behrens said he had participated in the
Parks Board meetings and they proposed a historical marker at the park honoring Dr. Neblett.
Mr. Behrens said the Parks Board proposed the marker be placed in a wall constructed from
bricks saved from the clinic when it was demolished.
After discussion, Mayor Pro-Tem Hinders moved, duly seconded by Commissioner Shehan to
adopt Ordinance No. 1034 as presented and as recommended by the Parks, Open Space and
Recreational Advisory Committee. Motion carried unanimously.
ORDINANCE NO. 1034
AN ORIDNANCE OF THE CITY OF CANYON, TEXAS, DESIGNATING AN
AREA CONSISTING OF 6,925 SQUARE FEET, BEING A PART OF LOTS 11,
12, 13 AND 14, BLOCK 50 ORIGINAL TOWN OF CANYON AS A
NEIGHBORHOOD PARK, DEDICATING THE SAME FOR RECREATION,
PLAYGROUND OR OPEN SPACE USE AND PROVIDING THAT THE
NEIGHBORHOOD PARK SO DEDICATED SHALL BE KNOWN AS
“NEBLETT PARK”.
Item 8. Consider and Take Appropriate Action Approval of Recommendation from the Parks,
Open Space, and Recreational Advisory Committee Regarding the Amphitheater at
Neblett Park.
City Manager Randy Criswell re-introduced this item, since no decision was made at the last
meeting with regard to the recommendation from the Parks Committee pertaining to the banner
and medallion that would be on the facility. He advised that a decision needs to be made now, so
that the pre-fabrication can be completed on the entire order, as opposed to retrofitting something
later. Mr. Criswell stated it was the recommendation of the Parks, Open Space and Recreational
Advisory Committee to put a banner with “Neblett Park” on it and a medallion above that with the
logo of Amarillo National Bank, recognizing their $100,000 donation which makes this facility and
the completion of the downtown park possible. Mayor Pro-Tem Hinders stated it was his opinion
that putting the logo of Amarillo National Bank was advertising for them and not appropriate.
Commissioner Logan stated he felt it was very appropriate to put the Amarillo National Bank logo
on the medallion since they paid for the amphitheater and more, and that there were business
logos all over town due to donations. It was discussed this was customary when money was
City Commission Meeting
May 2, 2016
Page 3 of 3
donated to a foundation or 501(c)3, but not directly to a city. Mayor Alexander asked if there was
any kind of policy dealing with large donations. Mr. Criswell stated there was not, because there
had never been a need for one, but that he and Mr. Behrens had discussed the possible
development of a policy of that type, and Mr. Behrens had begun researching the topic.
After discussion, Mayor Pro-Tem Hinders moved, duly seconded by Commissioner Shehan, to
include a banner with “Neblett Park” and a medallion with a circle around the letter “A” to match
the “Neblett Park”, all of the same color, and place a plaque on the amphitheater honoring
Amarillo National Bank for their donation. In further discussion, it was confirmed that the letter “A”
would not be the logo “bug” used by Amarillo National Bank, but a regular “A”. Motion failed in a
tie vote with Mayor Pro-Tem Hinders and Commissioner Shehan voting for and Mayor Alexander
and Commissioner Logan voting against.
After further discussion, Mayor Pro-Tem Hinders moved, duly seconded by Commissioner Logan
to include a banner with “Neblett Park” and a medallion with the Amarillo National Bank logo on
the amphitheater with both being the same color and a plaque honoring Amarillo National Bank’s
donation. Motion carried unanimously.
Item 9. Executive Session Pursuant to Texas Government Code, §551.071 Consultation with
Attorney; §551.074 Personnel, Appointments to Boards and Commissions (Planning
and Zoning Commission), §552.072 Real Property and §551.087 Economic
Development.
Mayor Alexander indicated the Commission would adjourn into executive session at 6:21 pm.
Item 10. Consider and Take Appropriate Action on Items Discussed in Executive Session.
Upon returning from executive session at 7:45 pm, the following action was taken.
Commissioner Shehan moved to appoint Laurie Sharp to the Planning and Zoning Commissioner
fulfilling the vacated term of Kent Meyer. Motion carried unanimously.
Item 11. Adjournment
There being no further business, Mayor Pro-Tem Hinders moved this meeting be adjourned.
______________________________
Quinn Alexander, Mayor
ATTEST:
________________________________
Gretchen Mercer, City Secretary
Agenda
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 2nd day of
May 2016, 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 April 18, 2016.
5. Public Comment – Comments from Interested Citizens.
6. Consider and Take Appropriate Action on Second and Final Reading of Resolution No. 06-2016,
Considering Direct Financial Assistance for a Project Located at 1206 23rd Street, Canyon, Texas, West
Texas Western Store.
7. Consider and Take Appropriate Action on Ordinance No. 1034, Resulting from a Recommendation from the
Parks, Open Space, and Recreational Advisory Committee, Dedicating a Downtown Park and Designating
the Name as Neblett Park.
8. Consider and Take Appropriate Action on Approval of Recommendation from the Parks, Open Space, and
Recreational Advisory Committee Regarding the Amphitheater at Neblett Park.
9. Executive Session Pursuant to Texas Government Code §551.071 Consultation with Attorney, §551.074
Personnel, Appointments to Boards and Commissions (Planning and Zoning Commission), §551.072 Real
Property and §551.087 Economic Development.
10. Consider and Take Appropriate Action on Items Discussed in Executive Session
11. 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 April 2016.
Gretchen Mercer, City Clerk
City of Canyon
CITY MANAGER’S EXECUTIVE SUMMARY OF AGENDA
To: Mayor and City Commission
From: Randy Criswell, City Manager
Date: May 2, 2016
Re: Executive Summary of Agenda Packet for May 2, 2016
Item Number 6
Second Reading and Approval of Resolution No. 06-2016, Adopting a Funding Agreement
for West Texas Western Store. This item will be presented by Evelyn Ecker. As has been
discussed, the EDC is providing $40,000 to West Texas Western Store for building exterior
and sign improvements. Tonight’s action is the Second Reading, and Adoption of the
Resolution. I concur with the recommendation to adopt Resolution Number 06-2016.
Item Number 7
This item pertains to the dedication and naming of Neblett Park, which is a
recommendation from the Parks Committee. I think my memo fully covers any questions
you may have. I am in concurrence with the recommendation from the Parks
Committee to Adopt Ordinance No. 1034, which both dedicates and names Neblett
Park.
Item Number 8
This item pertains to the amphitheater at Neblett Park, assuming you adopt Ordinance No.
1034 and the park does finally receive a dedication and name. The remaining action is to
determine the design of the banner and medallion, if any.
Why is this back on the agenda this quickly? Because we have to know what the banner
and emblem will be (or if nothing, then we need to know that), because all of this structure
is pre-fabricated and powder coated. If we’re going to put a banner and medallion on this
structure, we have to make the decision now, so everything can be fabricated, holes in the
right places, make sure it all fits, etc, and then powder coated prior to delivery, so then it’s
just a bolt together project. We don’t want to come back later and try to retro-fit something.
It needs to be fabricated with the structure now. So that’s why this item is on the agenda
again. A decision needs to be made.
Just as a reminder (and I’m not sure all of you were here or were even in office when this
was done), but last May, you voted to accept this gift and direct the Parks Committee to
determine what would be done with it, and bring you a recommendation. Their
recommendation has been provided, and was not taken lightly. That’s why we’re here a
year later making the recommendation. In fact, the discussion last May included the desire
to recognize and honor Amarillo National Bank, and their logo was mentioned in the
conversation. I still believe the Parks Committee’s recommendation should be
accepted. However, the decision lies with the City Commission. Staff will need to be
directed to proceed in whatever manner the City Commission approves.
City of Canyon
CITY MANAGER’S EXECUTIVE SUMMARY OF AGENDA
As a side note, I have directed Jon to start working on researching what cities have as far
as gift acceptance policies, since that was also brought up, and I think it’s a good idea.
However, we don’t have time to wait on that for this decision
Item Number 9
We will go into Executive Session for several items.
City of Canyon
City Commission Meeting
April 18, 2016
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 Gary Hinders, Joseph Shehan, 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, Director of Public Works
Dan Reese, Director of Code Enforcement Danny Cornelius, Community and Business
Development Director Evelyn Ecker, 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.
Commissioner Logan gave the invocation.
Item 3. Pledge of Allegiance.
The Pledge of Allegiance was led by Rece Davis and Savannah Miller, fourth grade students at
Reeves-Hinger.
Item 4. Approval of Minutes of the Meeting of April 4, 2016.
Commissioner Shehan moved, duly seconded by Mayor Pro-Tem Hinders, to approve the
minutes of April 4, 2016 as presented. Motion carried unanimously.
Item 5. Public Comment– Comments from Interested Citizens.
No public comment was made.
Item 6. First Reading of Resolution No. 06-2016, Considering Direct Financial Assistance for
a Project Located at 1206 23rd Street, Canyon, Texas, West Texas Western Store.
Business and Community Development Director Evelyn Ecker presented Resolution No. 06-2016
for its first required reading. Ms. Ecker stated West Texas Western Store has requested
assistance for an exterior facelift. Ms. Ecker stated six windows would open up, a covered porch
and lighting would be added to the south end, and stone and rough cedar would be added to the
building face, among other things, including sign upgrades. Ms. Ecker stated the Canyon
Economic Development Corporation met March 18, 2016 and approved the funding request
unanimously.
No action is required for the first reading.
City Commission Meeting
April 18, 2016
Page 2 of 3
RESOLUTION NO. 06-2016
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON
APPROVING PROJECT FUNDING AGREEMENT BETWEEN WEST TEXAS
WESTERN STORE AND CANYON ECONOMIC DEVELOPMENT
CORPORATION REGARDING DIRECT FINANCIAL ASSISTANCE FOR A
PROJECT LOCATED AT 1206 23RD STREET, CANYON, TEXAS. THE
FUNDING IS BASED ON EXISTING BUSINESS RETENTION.
Item 7. Consider and Take Appropriate Action on Quarterly Finance Report by Finance
Director Chris Sharp.
Assistant City Manager Chris Sharp presented the Quarterly Finance Report. After discussion
Commissioner Richardson moved, duly seconded by Commissioner Shehan to approve the
Quarterly Finance Report as presented. Motion carried unanimously.
Item 8. Consider and Take Appropriate Action on Quarterly Investment Report by Finance
Director Chris Sharp.
Assistant City Manager Chris Sharp presented the Quarterly Investment Report. After discussion
Commissioner Shehan moved, duly seconded by Commissioner Richardson, to approve the
Quarterly Investment Report as presented. Motion carried unanimously.
Item 9. Consider and Take Appropriate Action on an Interlocal Governmental Agreement with
WTAMU Regarding Sealcoating Services – 2016.
Director of Public Works Dan Reese presented an Interlocal Agreement with WTAMU for
sealcoating services. Mr. Reese said WTAMU approached Brandt Engineers inquiring about the
possibility of doing some sealcoating on campus with the City of Canyon’s scheduled sealcoating.
Mr. Reese said the City of Canyon has done this in the past by executing an Interlocal Agreement
with WTAMU. Mr. Reese said Brandt Engineers prepared separate billing for the addition of
WTAMU sealcoating with engineering fees as requested for a cost of $36,000.
After discussion, Mayor Pro-Tem Hinders moved, duly seconded by Mayor Alexander to approve
the Interlocal Governmental Agreement with WTAMU for Sealcoating service as presented.
Motion carried unanimously.
Item 10 . Consider and Take Appropriate Action on Approval of Recommendation from the
Parks, Recreation and Open Space Committee on Design, Purchase and
Construction of the Amphitheater to be Located Adjacent to the Downtown Parking
Lot on 6th Ave.
Parks, Recreation and Open Space Director Brian Noel presented concepts approved by the
Canyon Parks and Open Space Committee during their meeting November 12, 2015. Mr. Noel
said the proposed concept included landscaping and a 40X25 amphitheater to match the other
pavilions recently constructed. A copy of the design was provided to the Commissioners for
review. Commissioner Hinders expressed concern about putting a company’s logo on a city
facility. Commissioners asked if there could be a plaque recognizing ANB for the $100,000 gift
City Commission Meeting
April 18, 2016
Page 3 of 3
instead of having their logo on the building. There was discussion on the potential need for an
official policy for monetary gifts and recognizing the donor.
After discussion, Commissioner Shehan moved, duly seconded by Commissioner Richardson to
approve the Recommendation from the Parks, Recreation and Open Space Committee for the
Design, Purchase and Construction of the Amphitheater for $75,515.00, with the design of the
banner and medallion on the building to be considered at a later date. Motion carried
unanimously.
Item 11. Executive Session Pursuant to Texas Government Code, §551.071 Consultation with
Attorney; and §552.072 Real Property.
Mayor Alexander indicated the Commission would adjourn into executive session at 6:07 pm.
Item 12. Consider and Take Appropriate Action on Items Discussed in Executive Session.
Upon returning from executive session at 7:19 pm, no action was taken.
Item 13. Adjournment
There being no further business, Mayor Pro-Tem Hinders moved this meeting be adjourned.
______________________________
Quinn Alexander, Mayor
ATTEST:
________________________________
Gretchen Mercer, City Secretary
REGARDING ITEM 6 AGENDA
To: Randy Criswell, City Manager
From: Evelyn Ecker, Executive Director
Canyon Economic Development Corp.
Date: April 27, 2016
Re: Consider and Take Appropriate Action on Second and Final Reading of
Resolution No. 06-2016 Considering Direct Financial Assistance for a Project
Located at 1206 23rd Street, Canyon Texas, West Texas Western Store.
The Canyon Economic Development Corporation (CEDC) approved a funding request from
West Texas Western Store, Inc. during the March 18th, 2016 board meeting. The request is for Direct
Financial Assistance regarding a project of improvements and renovations to the West Texas Western
Store property located at 1206 23rd Street.
The first reading of Resolution No. 06-2016 was held Monday, April 18, 2016.
This is the second and final reading of Resolution No. 06-2016. It is the recommendation
of staff to adopt the Resolution.
City of Canyon
CANYON ECONOMIC DEVELOPMENT CORPORATION
PROJECT FUNDING AGREEMENT
WEST TEXAS WESTERN STORE, INC.
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 West Texas Western
Store, Inc., a Texas 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
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 1206 23rd
Street, Canyon Texas. The exterior of the building will be completely
renovated, including new signage on building as well as new signage with two
faces LED message center constructed on a monument style signage aligned
with 23rd Street.
b. The improvements contemplated by this agreement shall be constructed in
accordance with written plans and specifications and approved by CEDC.
c. The estimated time of completion for the renovation is twelve (12).
d. Second Party will remain in business for a period of five (5) years from the date
of funding.
e. Second Party will retain ownership of the property with improvements for five
(5) years from the date of funding.
3. The CEDC will provide the following funding and financial incentives for the project:
a. An amount, not to exceed $40,000.00 payable as follows: reimbursement will
occur quarterly during the renovation phase. Reimbursement will be made
when invoice for supplies and labor cost are presented.
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 periodic inspection of improvements to the building at 1206 23rd 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 its 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
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.
Page 2
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 its knowledge Second Party has acquired and maintained all necessary
rights, licenses, permits, and authority to carry on its business in Texas and to
perform the terms of this agreement and will continue to use its best efforts to
maintain all necessary rights, licenses, and permits in current status and good
standing.
h. The funds provided by CEDC shall be utilized solely for the 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.
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.
Page 3
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 its 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 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.
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11. Any delay by the CEDC in providing notice of default to Second Party, shall in no
event be deemed or constitute a waiver of such default by CEDC or waiver of any of
its rights and remedies available under this agreement or at law or in equity.
12. Any waiver provided by CEDC to Second Party of an act of default shall not be deemed
to constitute a continuing waiver or a waiver of any other existing or future act of
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.
Page 5
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 its assets to another entity or merges with another entity to the extent
that the underlying purpose of this agreement cannot, in the sole discretion of the
CEDC’s board of directors, be accomplished, the CEDC shall have the option to
suspend its 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 finder's fee or other
origination fee of any type will be paid or will become payable to any officer or
employee of the City of Canyon, member of the governing body of the City of Canyon,
or the governing body of the CEDC with regard to the formation or performance of this
agreement.
23. All notices from one party to the other party required or permitted by this agreement
shall be delivered personally or sent by certified mail postage prepaid addressed to the
party at the address shown on the signature page. All notices shall be deemed given on
the date so delivered or deposited in the mail unless otherwise provided. Either party
may change its address by sending written notice of such change to the other party in
the manner provided by this agreement.
24. All representations, warranties, covenants, and agreements of the parties as well as all
rights and benefits of the parties pertaining to the transaction contemplated by this
agreement shall survive the original execution date of this agreement and shall
constitute continuing obligations.
Page 6
Effective Date: _____________________________
Second Party
CANYON ECONOMIC DEVELOPMENT WEST TEXAS WESTERN STORE, INC.
By: _________________________________ By: ___________________________________
Randy Croslin, President/Chairman Tracy B. Martin, Shareholder
th
Address: 1604 4 Avenue, Suite 21
Canyon, Texas 79015
By: _______________________________________
Terry V. Martin, Shareholder
Page 7
RESOLUTION NO. 06-2016
RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON
APPROVING PROJECT FUNDING AGREEMENT BETWEEN WEST TEXAS
WESTERN STORE AND CANYON ECONOMIC DEVELOPMENT
CORPORATION REGARDING DIRECT FINANCIAL ASSISTANCE FOR A
PROJECT LOCATED AT 1206 23RD STREET, CANYON, TEXAS. THE
FUNDING IS BASED ON EXISTING BUSINESS RETENTION.
WHEREAS, on April 14, 2016 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 West Texas Western Store, a registered entity qualified to do business in Texas.
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 West Texas Western Store be,
and it 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 business retention and expansion. The sales tax revenue
referred to in this Resolution shall be the revenue on deposit in Sales Tax Improvement Fund (Fund 40) for
direct costs related to the project.
INTRODUCED at the First Reading on the 18TH of April, 2016, and Adopted on the Second
Reading on the 2nd of May, 2016.
________________________________
QUINN J ALEXANDER, MAYOR
ATTEST:
_______________________________
Gretchen Mercer, City Clerk
REGARDING ITEM 7 AGENDA
To: Mayor and City Commission
From: Randy Criswell, City Manager
Date: May 2, 2016
Re: Consider and Take Appropriate Action on Ordinance Number 1034,
Resulting from a Recommendation from the Parks, Open Space, and
Recreational Advisory Committee, Dedicating a Downtown Park and
Designating the Name as Neblett Park.
When we purchased the south half of the 1500 block of 6th Avenue from CISD for the
construction of a downtown parking lot, the discussion was to leave the grassy area at the
southwest corner and to have it formally declared a city park. The discussion also centered
around the origin of the building that was ultimately removed to make room for the parking
lot, and the fact that it started out as the Neblett Clinic, then ultimately became the Neblett
Hospital, Canyon’s first real hospital.
Up until now, we’ve not formalized that desire. Ordinance Number 1034 has been
prepared, and the survey work has been done, to formally designate the park and to name
it “Neblett Park”.
This is also a recommendation from the Parks Committee.
It is my recommendation to accept and approve the recommendation from the
Parks, Open Space, and Recreational Advisory Committee to Adopt Ordinance No.
1034, Dedicating and Naming Neblett Park.
City of Canyon
Parks, Open Space, and Recreation Advisory Committee Minutes
March 24, 2016
These minutes have not been approved as of 4/28/16 by the POSRAC.
The Parks, Open Space, and Recreation Advisory Committee of the City of Canyon met at
3:30 pm in the City Manager’s Conference Room of the Civic Complex. The following
committee members were in attendance: Chairman Howard Morris, Mary Clare Munger,
Becky Usleton, and Jimmy Lackey. Members absent: Stuart Sutton, Linda Washington, and
Wendell Brown
Also present were the following City Staff: Assistant City Manager for SP Jon Behrens and
Parks Director Brian Noel.
Item 1: Call to Order.
Chairman Morris called the meeting to order at 3:30 pm.
Item 2: Approval of the Minutes of the Meeting on November 12, 2015.
Mr. Lackey moved, duly seconded by Ms. Usleton, to approve the minutes as presented.
Motion carried unanimously.
Item 3: Consider and Take Appropriate Action on New Park Amphitheater Roof Color
and Update on Park.
Mr. Noel explained that he had been informed that the color – Patina Green – that the
Committee had selected at the November meeting for the pavilion room was no longer
available. However, Mr. Noel had recently received notification that the color would be
made available for this project. Committee was pleased this color was available. No
action necessary from the Committee.
Item 4: Consider and Take Appropriate Action on Proposed Community Garden in
Paul Lindsey Park.
Mr. Noel explained that Ginger Porter, a local Master Gardener had contacted him with
interest in the development of a community garden in Canyon. Mr. Noel stated that there
exist a space in Paul Lindsey Park that could serve as a garden. Mr. Noel explained
community garden concept and the work that would be involved for the Parks Department.
The Parks Department will till a space approximately 50” x 100” and will install three frost
free faucets. Ms. Porter suggested that space be rented to the participants for $10-$20.
Mrs. Munger asked if Ms. Porter had been involved in a community garden previously. Mr.
Noel said that it was his impression that she had not, however she had done a great deal of
research on the topic. Mr. Lackey was aware of the fact that Elk City, Oklahoma, had a
large community garden. Mr. Noel stated that he believed the City’s expenses would be
approximately $300-$400 and that cost would not include any water cost. Mr. Noel
anticipates 12-15 plots in the garden. Discussion occurred related to the size of the plots,
the water cost for the garden, and the rental fee. Mrs. Munger moved and Mr. Lackey
seconded to set the rental fee at $10 per plot. Motion carried unanimously.
Parks, Open Space, and Recreation Advisory Committee Minutes
March 24, 2016
Page 2 of 3
Item 5: Consider and Take Appropriate Action Related to the Consideration of Names
for the New Park Adjacent to the New Downtown Parking Lot.
Mr. Noel explained that since the City removed the former CISD administration offices, the
City staff has referred to the park area next to the new parking lot as Neblett Park. The fact
that this committee needed to officially determine the name of this park area was mentioned
in passing during the November committee meeting. Mr. Behrens explained that City staff
was aware of the fact that this space was believed to have been a park in the past and that
its’ existence had been mentioned in a publication.
Mr. Harold Root, of the Randall County Historical Commission, was invited to discuss his
opinion related to the naming of the park after Dr. Neblett. Mr. Root read from a publication
on the City of Canyon in which one reference was made to a park which was located in the
space under discussion. Mr. Root suggested that a plaque be placed on the east side of
the parking lot which would recognize Dr. Neblett. He thought using the salvaged bricks
from the hospital as part of the parker would be a good idea. Mr. Root suggest that the park
space be named “Old City Park” or “City Park” to acknowledge its’ historical relevance to the
City.
Discussion occurred related to the naming of the park. Mrs. Usleton moved and Mrs. Munger
seconded to name the park Neblett Park. Motion carried unanimously.
Item 6: Update on Family Aquatic Facility.
Mr. Behrens and Mr. Noel provided the Committee with a brief updated related to the facility.
No action taken by the Committee.
Item 7: Update on Canyon East Park.
Mr. Noel reported that progress on the Canyon East Park continues. The playground
equipment has been installed. The next construction phase will include the installation of
sidewalks and the equipment fall zone perimeter walls. No action taken by the Committee.
Item 8: Update on Youth Spring Sorts and Facilities.
Mr. Noel updated the Committee on spring soccer and baseball. Palo Duro Soccer
Association, Canyon Baseball Association, and the West Texas Baseball League are all
about to begin their spring seasons. Mr. Noel reported over 150 baseball field rentals had
occurred at this time. No action taken by the Committee.
Item 9. Update on Park Land Dedication Ordinance.
Parks, Open Space, and Recreation Advisory Committee Minutes
March 24, 2016
Page 3 of 3
Mr. Behrens explained that he continues to work on the ordinance and that he would like to
provide the Committee with a draft ordinance to review soon. No action taken by the
Committee.
Item 10. Discussion of Parkland Ordinances.
Due to the lack of time to discuss this item it was tabled.
Item 11. Adjourn.
Mr. Morris stated he would accept a motion to adjourn. A motion (?) was made and the
Committee adjourned.
__________________
Howard Morris, Chairman, Parks Committee
ATTEST:
Gretchen Mercer, City Clerk
Attendance
8/18/15 11/12/15 3/24/16
Howard Morris P P P
Jimmy Lackey A P P
Linda Washington P P A
Becky Usleton P P P
Wendell Brown P P A
Mary Clare Munger A A P
Stuart Sutton A A A
ORDINANCE NO. 1034
AN ORDINANCE OF THE CITY OF CANYON, TEXAS,
DESIGNATING AN AREA CONSISTING OF 6,925 SQUARE FEET,
BEING A PART OF LOTS 11, 12, 13 AND 14, BLOCK 50 ORIGINAL
TOWN OF CANYON AS A NEIGHBORHOOD PARK, DEDICATING
SAME FOR RECREATION, PLAYGROUND OR OPEN SPACE USE
AND PROVIDING THAT THE NEIGHBORHOOD PARK SO
DEDICATED SHALL BE KNOWN AS "NEBLETT PARK."
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 possessed by the City of Canyon; and,
WHEREAS; the City Commission finds that the dedication of the land described in this
Ordinance as park land for recreational use of the public would be in the best interest of the City;
NOW THEREFORE:
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS;
SECTION 1:
"Neighborhood Park", as that term is used herein means a public park less than 15 acres located
within a residential subdivision and provided for a variety of outdoor recreational opportunities,
to be operated, maintained and controlled by the City of Canyon.
SECTION 2:
(a.) The real property, together with any improvements, described in Exhibit A attached
hereto and incorporated herein by reference for all purposes is hereby dedicated as a
neighborhood park within the City of Canyon, to be used for playground, open space or
other outdoor recreational purposes.
(b.) The neighborhood park dedicated in paragraph 2(a.) above shall be known as "Neblett
Park."
SECTION 3:
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.
1
SECTION 4:
The City Commission finds that the meeting at which this Ordinance is passed is open to the
public as required by law and that all notice requirements of the Texas Open Meetings Act, CH
551 TEX. GOVT. CODE have been met.
SECTION 5:
Effective Date. This ordinance shall become effective immediately.
INTRODUCED AND PASSED by the City Commission of the City of Canyon, Texas on the
2nd day of May, 2016.
________________________
Quinn Alexander, Mayor
ATTEST:
__________________________
Gretchen Mercer, City Clerk
2
3
4
REGARDING ITEM 8 AGENDA
To: Mayor and City Commission
From: Randy Criswell, City Manager
Date: May 2, 2016
Re: Consider and Take Appropriate Action on Approval of Recommendation
from the Parks, Open Space, and Recreational Advisory Committee
Regarding the Amphitheater at Neblett Park.
At the April 18 meeting, you voted to approve the bid and proposal for the amphitheater to
be purchased and constructed at the downtown park. If things go as I predict, by the time
you get to this item, you will have named that downtown park “Neblett Park”.
There was discussion about the banner and medallion on the amphitheater, and that
decision was set aside until this meeting. Assuming that you have just adopted Ordinance
Number 1034, it would now be appropriate for the banner on the amphitheater to say
“Neblett Park”. So the next decision would be whether or not the logo of Amarillo National
Bank is placed in the medallion area of the banner.
As we discussed at the previous meeting, the Parks Committee reviewed this design and
included it in their recommendation for approval, with the ANB logo.
I would again support the Parks Committee’s recommendation, but if that isn’t your desire,
then staff needs you to give us direction to proceed.
a. What will be the medallion portion of the banner, if there is to be one?
b. Will the banner say “Neblett Park”?
c. If the medallion is not to be the ANB logo, then staff will proceed with the
creation of a plaque recognizing the gift from ANB and it will be placed at an
appropriate location at the amphitheater.
City of Canyon
Parks, Open Space, and Recreation Advisory Committee Minutes
August 19, 2015
The Parks, Open Space, and Recreation Advisory Committee of the City of Canyon met at 3:00 pm
in the City Manager’s Conference Room of the Civic Complex. The following committee members
were in attendance: Chairman Howard Morris, Linda Washington, Becky Usleton, and Wendell
Brown. Members absent: Jimmy Lackey, Stuart Sutton, and Mary Clare Munger.
Also present were the following City Staff: Assistant City Manager for SP Jon Behrens and Parks
Director Brian Noel.
Item 1: Call to Order.
Chairman Morris called the meeting to order at 3:05 pm.
Item 2: Approval of the Minutes of the Meeting of February 28, 2013.
Ms. Washington moved, duly seconded by Chairman Morris, to approve the minutes as presented.
Motion carried unanimously.
Item 3: Consider and Take Appropriate Action on Rental Rates for Baseball Fields.
Mr. Noel reviewed his memo related to current rental rates and usage numbers. Rental rates for
baseball fields are $10 for CBA and WTYBA has been paying $20/game for their league games.
Rental rates for practice fields are $10 for daytime rental and $15 for night rental with the use of field
lights. Due to electricity cost and associated monthly fees, the current practice rates are not meeting
the actual cost of the usage. With the improvements that have occurred to the baseball fields and
the significant increase in games played on the fields, the Parks staff is spending an increasing
amount of time working on the fields. Mr. Noel proposed that the rental rate for CBA be raised to the
$20/game level. Mr. Morris asked if this rate would be comparable to local facilities. Mr. Noel stated
that this rate would be comparable to Amarillo and that due to the quality of the Canyon fields it is
difficult to compare them to many other area communities.
Mr. Noel stated that he has been able to develop a schedule for the two leagues that allows both to
use the facilities. WTYBA is scheduled for the fields on more dates than CBA in order to meet their
needs due to the fact that it is a larger league. Mr. Noel asked the committee if they felt one league
should have priority over the other. The committee discussed this issue and recommended the Mr.
Noel continue to schedule as he has if that has allowed him to treat both leagues fairly.
Mr. Brown moved and Ms. Usleton seconded, that field rental rates be increase to the levels
requested by Mr. Noel – Day time practice rental $15 and night time practice rental goes to $25.
Brown Road fields remain $5. Game field rentals will increase to $20/game for both CBA and remain
at $20 for WTYBA. Motion carried unanimously.
Item 4: Consider and Take Appropriate Action on Rental Rates for Soccer Fields.
Mr. Noel reviewed his memo related to rental rates for the Brown Road Soccer fields. Over the past
two years the Parks Department has assumed additional responsibilities at the soccer complex. The
Parks Department has assumed responsibility for maintaining the soccer goals and providing nets
for the goals. The Parks Department now sets all of the goals and moves them off the fields at the
Parks, Open Space, and Recreation Advisory Committee Minutes
August 19, 2015
Page 2 of 3
end of the season. These are all duties that Palo Duro Soccer Association previously performed.
Maintaining the pavilion and the restrooms at the complex are also duties that have been added to
the department since their construction. Mr. Noel would like to request that the $5 per game charge
be increased to $10 per game. Mr. Noel discussed an option to move to $15 per game next year.
Ms. Washington stated that she felt that the additional increase could be discussed next year if Mr.
Noel still felt it was necessary. Ms. Washington moved that the field rentals increase to $10/game
and Mr. Brown seconded. Motion carried unanimously.
Item 5: Consider and Take Appropriate Action on Rental Rates for Parks Pavilions.
Mr. Noel reviewed his memo related to pavilion rental rates. He explained that the Parks Department
has added part time hours so that an employee can check the pavilions on weekends between
rentals. The pavilions continue to be used frequently and Mr. Noel believes the increase in rates will
not drop the number of rentals. Mr. Brown moved and Ms. Usleton seconded to increase the rental
rates as requested:
0-4 hours 4+ hours
Hunsley Park $30 $50
Conner Park $30 $50
Lois Rice $40 $70
Brown Road $40 $70
Paul Lindsey $30 $50
Motion carried unanimously.
Item 6: Update on TP&W Grant.
Mr. Noel provided background info and project status of TP&W grant for trails in parks. Work will
begin in Paul Lindsey Park after archeological study is carried out in southeast corner of park. Study
to be carried out in an effort to avoid disturbing former Indian campground with the trail.
Item 7: Update on Neblett Park Donation and Park Plans.
Mr. Noel reviewed his memo related to Neblett Park. Committee was pleased that Amarillo National
Bank had made such a substantial donation. Mr. Noel discussed a pavilion and possible pavilion
location for the park. Committee discussion was positive related to the pavilion and its’ location.
Committee consensus related to the color of the pavilion was – check with Amarillo National and
confirm that current park pavilion colors are acceptable. Committee felt that Amarillo National should
be able to request a blue roof if they so desired.
Item 8: Parks Update Report.
Mr. Noel reviewed his memo related to park improvements and projects over the past year. Projects
completed included:
- Brown Road Complex – fencing along Brown road, irrigation booster pump, pipe fence in
parking area, and sprigging of soccer fields.
- Paul Lindsey Park – Dog park continues to be popular. Will be adding light to dog park
area.
- Canyon East – planning for additional park acreage in this subdivision
Parks, Open Space, and Recreation Advisory Committee Minutes
August 19, 2015
Page 3 of 3
- Pool Committee work – aquatic facility on the Monday, August 17, Commission agenda
and Commission voted to place aquatic center on November ballot.
- War Memorial – still gathering names and waiting on dedication until process completed
- KJMBC – complex completed and well used. Possible addition of fields in the near future.
Committee comments were positive related to all of the park improvements over the past two years.
Item 9. School Park Use Reservations.
Mr. Noel reviewed his memo related to park use by various schools. Mr. Noel explained that at times
several schools will visit one of the parks at one time and that park will be overrun with students. Mr.
Noel proposes sending a memo to the schools that typically use the parks and ask that they contact
the Parks Department when planning to use a park. Notification from the schools will enable the
Parks Department to schedule schools and be prepared to meet the needs of every group. The
Parks Department can suggest alternative parks to visit in the event that one particular park is over
“booked”. The Committee supported this idea and encouraged Mr. Noel to send out the letters.
Item 10. Discussion of Parks and Recreation Plan
Mr. Behrens reviewed his memo related to the development of a plan for the parks in Canyon. This
will be a process that will require multiple meetings to be completed. Committee will review current
facilities, map out services areas, determine if additional locations are needed currently, and develop
recommendations for future park expansion. Committee was interested in the process. Mr. Behrens
explained that that the next meeting would be the kickoff for this process.
Item 11. Adjourn
Ms. Washington moved that the meeting be adjourned.
__________________
Howard Morris, Chairman, Parks Committee
ATTEST:
Gretchen Mercer, City Clerk
Parks, Open Space, and Recreation Advisory Committee Minutes
November 12, 2015
The Parks, Open Space, and Recreation Advisory Committee of the City of Canyon met at
3:30 pm in the City Manager’s Conference Room of the Civic Complex. The following
committee members were in attendance: Chairman Howard Morris, Linda Washington,
Becky Usleton, Jimmy Lackey, and Wendell Brown. Members absent: Stuart Sutton and
Mary Clare Munger.
Also present were the following City Staff: Assistant City Manager for SP Jon Behrens and
Parks Director Brian Noel.
Item 1: Call to Order.
Chairman Morris called the meeting to order at 3:30 pm.
Item 2: Approval of the Minutes of the Meeting of August 18, 2015.
Mr. Brown moved, duly seconded by Ms. Usleton, to approve the minutes as presented.
Motion carried unanimously.
Item 3: Consider and Take Appropriate Action on Pump Bike Track Proposal.
Mr. Noel reviewed his memo related to a proposal from Chris Podzemeny for the
development of a pump bike track at Buffalo Hill Park. Mr. Podzemeny will gather the
volunteers and equipment necessary to build the track. Mr. Lackey allowed the committee
to view a video of pump track racing. The City has been asked to provide water, on a
limited basis, to a tank at the track. Mr. Podzemeny was associated with the building of
the bike trails at Buffalo Hill and Mr. Noel believes he will build an appropriate track. Ms.
Washington and Mr. Lackey had question related to liability for the track. Mr. Noel said he
would follow up with the City Attorney, however he felt the current signage would meet the
City’s need to notify participants of the risks involved in these activities. Mr. Lackey moved
and Ms. Washington seconded a motion to allow Mr. Podzemeny to move forward with the
development of the pump track. Motion carried unanimously.
Item 4: Consider and Take Appropriate Action on Neblett Park Pavilion, Landscape
Plan & Budget.
Mr. Noel reviewed plan from Parkhill, Smith, and Cooper for the landscaping of Neblett Park.
Mr. Noel explained that the plan will include planting trees between the large trees on the
west end of the park due to the projected limited life expectancy of these trees. Mr. Noel
explained that the plans for the median on the south side of the parking lot will probably be
changing. Mr. Noel stated that there is a possibility that the engine from the Sad Monkey
train has been donated to the City and that it may be placed in this median. The Committee
responded positively to this possibility. Mr. Noel stated that Amarillo National was supportive
of the pavilion roof color matching with other pavilions in the parks. Amarillo National is
working on the design of a piece to be attached to the pavilion. Mr. Morris asked about the
inclusion of a restroom in the project. Mr. Behrens explained that a retail space is currently
in the planning process which will provide public restrooms immediately to the north of the
park. Mr. Behrens stated that the Committee will need to eventually take action to officially
Parks, Open Space, and Recreation Advisory Committee Minutes
November 12, 2015
Page 2 of 3
propose that the park be named Neblett Park. Mr. Lackey moved that the landscape plan
and budget for Neblett Park be accepted and Ms. Washington seconded. Motion carried
unanimously.
Item 5: Parks Facility Rental Report for 2015.
Mr. Noel reviewed his rental fee memo. Rental fees for 2015 totaled $32,453. Organized
game rentals totaled $21,230, practice field rentals totaled $7,390 and pavilion rentals
totaled $11,223. Mr. Noel stated that rental fees accounted for $5,000 in revenue in 2010.
No action taken by the Committee.
Item 6: Update on TP&W Grant.
Mr. Noel stated that he has contacted TP&W and is currently waiting on a response from
them. All studies that were required by TP&W have been completed. No action taken by
the Committee.
Item 7: Update on Canyon East Park.
Mr. Noel reported that the water well for the park had been postponed due to initial water
quality issues, however, he recently received test results which found the water to have no
quality issues. The Parks Department will begin installation of an irrigation system in the
Canyon East Park and along the Canyon East Parkway this winter. Mr. Noel will continue
to update the Committee on the park as progress is made. No action taken by the
Committee.
Item 8: Update on Family Aquatic Center.
Mr. Behrens updated the Committee on the next steps involved in the aquatic center. Mr.
Behrens explained that he would be requesting, from the City Commission on Monday night,
that he be allowed to move forward with the RFQ process to procure architectural and
engineering services. Mr. Behrens stated that the current plan is to sign contracts with a
firm in January and move the project along quickly this spring. In order to meet a completion
date of June 2017 construction will need to be underway in August. The Committee was
highly supportive of the project and the proposed timeline associated with the project.
Item 9. Consider and Take Appropriate Action on Canyon Parks Plan.
Mr. Behrens explained the need for the City of Canyon to develop a Parks Plan and the
steps that the Committee will be taking over the next several meetings to develop it. The
Committee reviewed the Park Classification document. Mr. Noel reviewed the Park System
Inventory document with the Committee. Mr. Behrens then outline the location of each park
and the need to develop Park Zones. Due to the layout of the community, the boundaries
for Park Zones will be the major arterial streets. Mr. Behrens explained that the Park Zones
will enable the Committee to determine underserved areas of the community and also assist
in the determination of the location of future park expansion. Mr. Brown moved that the Park
Parks, Open Space, and Recreation Advisory Committee Minutes
November 12, 2015
Page 3 of 3
Classifications, the Park System Inventory document, and the presented Park Zones be
accepted and Ms. Washington seconded. Motion carried unanimously.
Item 10. Discussion of Parkland Ordinances.
Due to the lack of time to discuss this item it was tabled.
Item 11. Adjourn.
Mr. Morris stated he would accept a motion to adjourn. Wendell Brown moved for
adjournment and Ms. Washington seconded. Motion carried unanimously.
__________________
Howard Morris, Chairman, Parks Committee
ATTEST:
Gretchen Mercer, City Clerk
Attendance
8/18/15 11/12/15
Howard Morris P P
Jimmy Lackey A P
Linda Washington P P
Becky Usleton P P
Wendell Brown P P
Mary Clare Munger A A
Stuart Sutton A A
Quotation
Original Quote Date Quotation #
11/5/2015 777
Name / Address Customer Contact Customer Phone
City of Canyon Brian Noel 806-655-5000
301 16th St.
Canyon, TX 79015
Customer Fax
Quote Revised Terms FOB Project Name
n/a Net 30 Factory Nesbitt Amphitheater
Item Description Qty Rate Total
KMO40X25TGSS Poligon 40' Kokomo amphitheater-style shelter with tongue & groove deck and standing seam metal roof in 1 50,700.00 50,700.00
standard color, 12' height clearance, lettered arch and medallion front gable ornamentation, internal electrical
access, Poli-5000 factory epoxy prime/powdercoat frame finish in standard color
DISCOUNT 5% BuyBoard discount off of shelter -2,535.00 -2,535.00
ENGINEERING Sealed engineered drawings for shelter and footings 250.00 250.00
SHIPPING Shipping to Canyon, TX 3,600.00 3,600.00
INSTALL Install KMO40X25TGSS, including layout/install epoxy bolts; seal T&G; install structure including 21,950.00 21,950.00
receive/unload shipment, mount columns, erect frame, install roofing & trim
INSTALL Install CMU screenwall, 6'h x 20'l 1,550.00 1,550.00
BBCOMGROUP BuyBoard Commodity Group # 423-13, Parks & Recreation & Field Lighting Products & Installation
Subtotal $75,515.00
Sales Tax (6.25%) $0.00
This quote is valid for 30 days. Total $75,515.00
Signature _____________________________________ Date _____________
By signing you agree to our terms.
2015C
PORTERCORP
(616)399-1963
REVISIONS
B REVISED COLUMN LAYOUT DIMENSIONS; REVISED VINYL MEDALLION LOGO 3/2/2016 BD
R
www.poligon.com
by
COPYRIGHT 2015
R
PATENTED OR PATENTS PENDING
A Division of PORTERCORP 4240 N. 136th AVE HOLLAND, MI 49424 (616) 399-1963
PORTERCORP 4240 N. 136th AVE HOLLAND, MI 49424
Designs and calculations of Poligon buildings are protected under copyright laws and patents
and may not be used in the construction or design of a building that is not supplied by Poligon.
Copyright laws protect the style and visual appearance of the structure while patents may protect other parts of the design.
PATENTED AND/OR PATENTS PENDING COPYRIGHT 2015 PORTERCORP HOLLAND, MI 49424
PROJECT: NEBLETT PARK
REV LEVEL: SCALE:
LOCATION: CANYON, TX B 1:60
BUILDING TYPE: KMO 40X25
ROOF TYPE: STANDING SEAM OVER T & G
BUILDING NUMBER: 13349 betdue
DRAWN BY:
ORDER NUMBER: 56396
DRAWING LIST:
4/7/2016
PRINT DATE: CAD MODEL: ~E1-13349
SHEET NUMBER DRAWING DESCRIPTION JOB NO: 13349
CS COVER SHEET
1 ARCHITECTURAL ELEVATIONS
STOP!!
2 STRUCTURAL FRAMING PLAN
3 COLUMN LAYOUT
4 BASE PLATE STYLES NOT FOR CONSTRUCTION
5 ELECTRICAL ACCESS AND CUTOUTS USE FOR PRELIMINARY
PLANNING AND ESTIMATING
ONLY
FABRICATOR APPROVALS: GENERAL NOTES: CUSTOMER APPROVAL
CITY OF PHOENIX, AZ APPROVED FABRICATOR #C08-2010 UNLESS NOTED OTHERWISE, THIS STRUCTURE WAS DESIGNED TO ALL WELDING IS PERFORMED BY AMERICAN WELDING SOCIETY
CITY OF LOS ANGELES, CA APPROVED FABRICATOR #1596 ONLY SUPPORT WHAT IS SHOWN ON THESE DRAWINGS. POLIGON CERTIFIED WELDERS AND CONFORMS TO THE LATEST EDITION OF MANUFACTURING CANNOT START UNTIL
CITY OF RIVERSIDE, CA APPROVED FABRICATOR #SP06-0033 MUST BE CONTACTED IF ANYTHING ELSE IS TO BE ATTACHED TO THIS AWS D1.1 OR D1.3 AS REQUIRED. PORTERCORP RECEIVES A SIGNED AND APPROVED
CITY OF HOUSTON, TX APPROVED FABRICATOR #470 STRUCTURE (WALLS, COLUMN WRAPS, RAILINGS, ETC.) SO THE COPY.
CLARK COUNTY, NV APPROVED FABRICATOR #264 DESIGN OF THIS STRUCTURE CAN BE REVIEWED AND POSSIBLY PARTS SHOWN MAY BE UPGRADED DUE TO STANDARDIZED
STATE OF UTAH APPROVED FABRICATOR 02008-14 REVISED. FABRICATION. REFER TO THE SHIPPING BILL OF MATERIALS FOR APPROVED AS SUBMITTED
POSSIBLE SUBSTITUTIONS.
NEBLETT PARK CANYON, TX
PROJECT LOCATION: COVER SHEET
CERTIFICATES: UNLESS NOTED OTHERWISE, THIS STRUCTURE WAS DESIGNED
MIAMI-DADE COUNTY CERTIFICATE OF COMPETENCY NO. 13-0813.16 ASSUMING A 20' SEPARATION BETWEEN ANY ADJACENT STRUCTURE FOR PROPER FIELD INSTALLATION OF THE BUILDING IT IS APPROVED AS NOTED
PCI (POWDER COATING INSTITUTE) 4000 CERTIFIED WITH AN EAVE HEIGHT EQUAL TO OR GREATER THAN THE EAVE RECOMMENDED THAT THE PRIMARY FRAME INSTALLER AND THE
HEIGHT OF THIS STRUCTURE. IF THAT SEPARATION DOES NOT EXIST, ROOF INSTALLER HAVE A MINIMUM FIVE (5) YEARS DOCUMENTED
PROJECT: DRAWING:
MATERIALS: POLIGON MUST BE CONTACTED SO THE DESIGN OF THIS STRUCTURE EXPERIENCE INSTALLING THIS TYPE OF PRODUCT. REVISE AND RESUBMIT AS NOTED
CAN BE REVIEWED AND POSSIBLY REVISED.
DESCRIPTION ASTM DESIGNATION FOR PROPER FIELD INSTALLATION OF THE BUILDING IT IS
TUBE STEEL A500 (GRADE B) STRUCTURAL STEEL SHALL BE DETAILED, FABRICATED, AND ERECTED RECOMMENDED THAT ELECTRIC WIRING, IF REQUIRED, BE RUN SIGNATURE: ___________________________________
SHEET
SCHEDULE PIPE A53 (GRADE B) IN ACCORDANCE WITH THE LATEST EDITION OF THE AMERICAN THROUGH THE STRUCTURAL MEMBERS BEFORE THE BUILDING IS
RMT PIPE A519 ERECTED.
CS
INSTITUTE OF STEEL CONSTRUCTION (AISC) SPECIFICATION MANUAL. PRINT NAME: __________________________________
LIGHT GAGE COLD FORMED A1003 (GRADE 50)
STRUCTURAL STEEL PLATE A36
ROOF PANELS (STEEL) A653 DATE: _________________________________________
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