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 6th day of February 2017, 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 January 23, 2017. 5. Public Comment – Comments from Interested Citizens. 6. Presentation on Canyon Independent School District as Presented by CISD Superintendent Darryl Flusche. 7. Consider and Take Appropriate Action on Bids Received for Water System Improvements – Local Well Field – Well No’s. 34, 35, 36, and 37. 8. Review and Discuss Bids for Replacement of Lift Station No. 4 and Associated Pipeline Work. 9. Consider and Take Appropriate Action on Ordinance No. 1054, Amending Title XI, Business Regulations, by Adding Chapter 118, Credit Access Business Regulation, Setting Forth Regulation Requirements and Credit Extension Guidelines for Credit Access Businesses. 10. Consider and Take Appropriate Action on Comprehensive Planning Consultant Finalists Selection as Recommended by the Committee. 11. Executive Session Pursuant to Texas Government Code §551.072 Deliberation Real Property. 12. Consider and Take Appropriate Action on Items Discussed in Executive Session. 13. Consider additional February meetings date(s). 14. 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 3rd day of February 2017. 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: February 6, 2017 Re: Executive Summary of Agenda Packet for February 6, 2017 Item Number 7 Consider and Take Appropriate Action on Bids Received for Wells number 34-37. We’ve received bids for the drilling and casing of four (4) wells on the Brown Road property we recently purchased for water rights. As we’ve discussed, the only way to protect our interest is to be the first to Permit and install wells, so we’re doing that. These are good prices, and this will be the drilling, casing, and site work for the wells. Power, pumps, and piping will come later. This also includes a bore under the railroad tracks to get to our transmission line on the north side. I concur with the recommendation to award the bid to Hydro Resources in the amount of $715,981. Item Number 8 Discuss Bids Received For Wastewater Collection System Improvements: Lift Station No. 4 and Associated Pipeline Work. Dan has written an informative memo, and Dwight has provided some helpful drawings to assist you in understanding these bids. This is a large project, and the Mayor asked for this item to be for discussion tonight, with award to come at a later date. There is a lot of cost, we’ll need to dip into our reserves, and there will also be some participation in cost by the developers. As such, we felt this item would need to be studied closely so you can make a good, informed decision. Dwight Brandt will be here to go over the bids and the project with you. Item Number 9 Consider and Take Appropriate Action on Ordinance No. 1054. I’ll simplify this by calling it a Payday Loan ordinance. We’ve been wanting to do this ever since the Payday Loan establishment opened up on 4th Avenue awhile back. Now is a good time to implement this ordinance, because we don’t have any existing businesses of this nature in town today. This Ordinance is basically a modified version of a TML-created ordinance that has been court-tested and withstood the test. Most cities are using this template. If you agree with staff that we do NOT want this type of business in our city, this will accomplish the goal. The Ordinance doesn’t prohibit these businesses, it just simply restricts the way they’re allowed to operate, which makes it non-attractive for them to be here. I concur with the recommendation that Ordinance No. 1054 be adopted. Item Number 10 Consider and Take Appropriate Action on Selection of Finalists for Comprehensive Plan Update. We’ve received and reviewed the RFQ Submittals for the update of our City of Canyon  CITY MANAGER’S EXECUTIVE SUMMARY OF AGENDA Comprehensive Plan. Jon has written a good, informative memo. At this point, we’ll be meeting as a committee prior to the meeting, and will recommend 3 or 4 finalists to you. Once the committee selects those finalists, we’ll Dropbox all of their information for your review. At the meeting, we’ll ask you to approve the finalists, and then we’ll need your input on how you want to conduct the interviews. If you, the City Commission want to conduct the interviews, then we’ll need you to tell us. If you’d prefer the process involve some other methodology like we’ve used to make the finalist recommendation list, then you can give us that direction. Either way, the first step is to decide who the finalists will be, and then decide how the interviews will be conducted. City of Canyon City Commission Meeting January 23, 2017 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 Gary Hinders, and Justin Richardson. Commissioner Joseph Shehan and David Logan were unable to attend. Also present were the following City Staff: City Manager Randy Criswell, Assistant City Manager Chris Sharp, City Secretary Gretchen Mercer, Assistant City Manager for Special Projects Jon Behrens, Director of Code Enforcement Danny Cornelius, Chief of Police Dale Davis, and City Attorney Chuck Hester. Item 1. Call to Order. Mayor Alexander called the meeting to order at 5:35 p.m. Item 2. Invocation. Mayor Pro-Tem Hinders gave the invocation. Item 3. Pledge of Allegiance. The Pledge of Allegiance was led by Chief of Police Dale Davis. Item 4. Approval of Minutes of the Meeting of December 19, 2016. Mayor Pro-Tem Hinders moved, duly seconded by Commissioner Richardson, to approve the minutes of December 19, 2016 as presented. Motion carried unanimously. Item 5. Public Comment – Comments from In Interested Citizens. No comments were made. Item 6. Consent Agenda: It is recommended that the following items be approved. A. Annual Police Report and 2016 Racial Profiling Report from Chief of Police Dale Davis. B. 2016 Annual Code Enforcement Report. C. Quarterly Finance Report. D. Quarterly Investment Report. E. Canyon Area Library Policies. After discussion, Commission Richardson moved, duly seconded by Mayor Pro-Tem Hinders to approve the Consent Agenda as presented. Motion carried unanimously. City Commission Meeting January 23, 2017 Page 2 of 3 Item 7. Consider and Take Appropriate Action on Resolution No. 01-2017, Accepting JAG Grant for the Canyon Police Department. Canyon Police Captain Ray Resendez presented Resolution No. 01-2017 for consideration. Captain Resendez stated the Canyon Police Department had already applied for and received the Justice Assistance Grant (JAG) in the amount of $30,000 to be used for Technology Enhancement. Captain Resendez said the grant money has been used for the purchase of seven in-car video cameras and two laser, hand held radar systems (LIDR Radars). Captain Resendez said the adoption of Resolution No. 01-2017 was required for the acceptance of the JAG grant. After discussion, Mayor Pro-Tem Hinders moved, duly seconded by Commissioner Richardson to adopt Resolution No. 01-2017 as presented. Motion carried unanimously. RESOLUTION NO. 01-2017 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS, AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE CRIMINAL JUSTICE DIVISION OF THE GOVERNOR’S OFFICE FOR THE PURCHASE OF SEVEN STALKER IN-CAR VIDEO SYSTEMS AND TWO LIDAR (LASER RADAR) UNITS; AUTHORIZING THE CITY MANAGER TO REPRESENT THE CITY IN ALL MATTERS PERTAINING TO THIS APPLICATION. Item 8. Consider and Take Appropriate Action on Resolution No. 02-2017, Ordering a General Election to be Held on the 6th Day of May, 2017, for the Purpose of Electing Five (5) Members of the Canyon City Commission (Mayor Place 1, and Places 2, 3, 4, and 5). City Manager Randy Criswell presented Resolution No. 02-2017 for consideration. After discussion, Commissioner Richardson moved, duly seconded by Mayor Alexander to approve Resolution No. 02-2017 as presented. Motion carried unanimously. RESOLUTION NO. 02-2017 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS, ORDERING A GENERAL ELECTION TO BE HELD ON THE 6TH DAY OF MAY 2017, FOR THE PURPOSE OF ELECTING FIVE (5) MEMBERS OF THE CANYON CITY COMMISSION (MAYOR PLACE 1 AND PLACES 2, 3, 4, AND 5); DESIGNATING POLLING PLACES; ORDERING NOTICES OF ELECTION TO BE GIVEN; AUTHORIZING EXECUTION OF JOINT ELECTION CONTRACT; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Item 9. Consider and Take Appropriate Action on Resolutions 03-2017 and 04-2017, Adopting an Annexation Calendar for Property Located Adjacent to Valleyview Drive. City Manager Randy Criswell presented Resolution No’s. 03-2017 and 04-2017 for consideration. Mr. Criswell said a developer contacted the City of Canyon who intends to construct and operate an apartment complex on Valleyview Drive. The complex is proposed to have 500 beds total. Mr. City Commission Meeting January 23, 2017 Page 3 of 3 Criswell said this will be a very nice apartment complex and will resolve the problem that the property to be annexed is currently in a “donut hole” surrounded by the City Limits. Mr. Criswell said there are two property owners so a Resolution has been prepared for each parcel. After discussion, Mayor Pro-Tem Hinders moved, duly seconded by Commissioner Richardson to adopt Resolution No. 03-2017 as presented. Motion carried unanimously. RESOLUTION NO. 03-2017 A RESOLUTION OF THE CITY OF CANYON, TEXAS, SETTING A DATE, TIME, AND PLACE FOR PUBLIC HEARINGS AND PROVIDING FOR NOTICE OF PUBLIC HEARINGS IN REGARD TO THE PROPOSED ANNEXATION OF PROPERTY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CANYON AT THE REQUEST OF MATTHEW SCOTT GONZALES AND TERILYNN COLEMAN-GONZALES. Commissioner Richardson moved, duly seconded by Mayor Pro-Tem Hinders to adopt Resolution No. 04-2017 as presented. Motion carried unanimously. RESOLUTION NO. 04-2017 A RESOLUTION OF THE CITY OF CANYON, TEXAS, SETTING A DATE, TIME, AND PLACE FOR PUBLIC HEARINGS AND PROVIDING FOR NOTICE OF PUBLIC HEARINGS IN REGARD TO THE PROPOSED ANNEXATION OF PROPERTY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CANYON AT THE REQUEST OF ENCHANGED STAR HOMES, LLC, A TEXAS LIMITED LIABILITY COMPANY. Item 10. Adjournment There being no further business, Mayor Pro-Tem Hinders moved this meeting be adjourned at 6:15 pm. ______________________________ Quinn Alexander, Mayor ATTEST: ________________________________ Gretchen Mercer, City Secretary REGARDING ITEM 6 AGENDA To: Mayor and City Commission From: Randy Criswell, City Manager Date: February 6, 2017 Re: Hear Presentation from CISD Superintendent Darryl Flusche Superintendent Darryl Flusche has expressed a desire to come before you and make a presentation about CISD. City of Canyon REGARDING ITEM 7 AGENDA To: Randy Criswell, City Manager From: Dan Reese, Public Works Director Date: January 31, 2017 Re: Consider and Take Appropriate Action on Bids Received for Water System Improvements – Local Well Field – Well No’s. 34, 35, 36, and 37. This is a project that follows up on the purchase of water rights on a property that has become known as the “Brown Rd. wellfield”. After this purchase, we found ourselves in a similar situation that we had a few years ago, with the Rockwell Rd. wellfield. After some test hole investigation and to protect our investment in these water rights, we recommended that these four wells be drilled. First and foremost, this protects our well spacing, as in, we’d be the first one ones with permitted wells and adjacent owners will have to space their permitted wells based on our well locations. We’ve spaced our wells to maximize our acreage and, under the water district rules, will be limited to produce 265 gpm from these wells. This pumping rate limits the well spacing to no greater than 300 yards (900 feet). So, in essence, the adjacent owners can have a permitted well no closer than 300 yards to ours. Keep in mind, too, that this does not apply to domestic wells. Domestic wells are those that produce 17.5 gpm or less and do not require a permit from the district. Please be reminded that these bids were only for the drilling, casing, and site work (grading and fencing) for these wells. The project also includes a bore of the BNSF railroad, to the north, from which the transmission piping will be routed through. No pumps, electrical service, well piping, or transmission piping (other than through the bore) will be installed at this point. Funding for this project will come from some of the remaining water bond funds. Bids were opened on January 26, 2017, and four bids were received. The lowest bid was submitted by Hydro Resources of Sunray with a bid of $ 715,981.00. We have dealt w/ Hydro in the past and are very comfortable with their work. If you recall, they drilled all six wells at Rockwell. A recommendation letter from the Engineer and the bid tabulation sheet is attached. The public works department concurs with the recommendation of the Engineer to award to the bid to Hydro Resources in the amount of $ 715,981.00. City of Canyon REGARDING ITEM 8 AGENDA To: Randy Criswell, City Manager From: Dan Reese, Public Works Director Date: January 31, 2017 Re: Hear Update and Discuss Evaluation of the Bids Received for Wastewater Collection System Improvements – Replacement of Lift Station No. 4. This is the large project that we’re also calling the North Canyon Sewer Expansion. Due to a potential large amount of growth north and west of Hunsley Hills, we had to upsize / replace Lift Station #4, its force main and expand the gravity collection system to handle this growth. During the design, we sized everything to handle the known incoming subdivisions plus allowing ourselves capacity for handling additional growth to the northwest. Early in this process, we also let the developers know that the City could not bear the complete cost of a project of this magnitude. We had planned all along that some developer participation will be required to complete the project. The cost to the developer(s) will need to be discussed. Brandt Engineers has some recommendations on this, and the ultimate decision will be the City Commission’s. When they give staff direction as to whether or not they support the recommendations, we’ll contact the developers and let them know. On January 26, 2017, we received and opened six bids. Bidding was for a base bid and two additive alternates. The base bid includes everything needed to serve the Madison Park subdivision. The alternate bids were designed in case additional capacity was needed for the commercial lots on the west side of Madison Park and to serve any development west of FM 2590. At a minimum, the base bid needs to be constructed. The low bid for the base bid was submitted by L.A. Fuller and Sons Construction, in the amount of $ 3,312,780.00. Fuller’s bids for the alternates were $ 107,829.00 and $ 240,859.00, respectively. So, if the complete project is awarded, the total cost would be $ 3,661,468.00. In preliminary discussions with our Engineer, we have come up with a recommendation to the Commission as to how the costs might be shared. Dwight will be here Monday night to lead the discussion of the particular details of the various portions of the project, and our recommendation. We have approximately $ 1,100,000 available for this project, with the intent from the beginning that the necessary balance would be made up from reserves. The award recommendation letter from Brandt and bid tabulation sheet is attached. Sketches of the project have also been included with the recommended cost sharing breakdowns. The Public Works Department is not asking for action on this item. The information provided is to enhance a detailed discussion of the project, potential cost sharing and bid award, which is intended for a later date. City of Canyon  BY DEVELOPERS BY DEVELOPER BY DEVELOPERS LIFT STATION NO. 4 (BY CITY) BY CITY BY CITY FIGURE NO. 3 CANYON, TEXAS BID TABULATION SHEET 81797-Wastewater Collection System Improvements Replacement of Lift Station No. 4 Canyon, Texas January 26, 2016 - 2:00 P.M. Base Bid Item L.A. Fuller & Sons Constr., LTD. Amarillo Utility Contractors West Texas Utility Contractors, Inc. MH Civil Constructors, Inc. Spiess Construction CO., Inc S.J. Louis Constr. of Texas, LTD No. Items Description Est. Quantity Unit Unit Price Ext. Amount Unit Price Ext. Amount Unit Price Ext. Amount Unit Price Ext. Amount Unit Price Ext. Amount Unit Price Ext. Amount 1 Mobilization/Demobilization 1 LS $ 83,947.00 $83,947.00 $ 175,000.00 $175,000 $ 187,730.00 $187,730.00 $ 455,353.00 $455,353 $ 250,000.00 $250,000.00 $ 200,000.00 $200,000.00 2 Furnish and Install 8" ASTM D3034 SDR 26 PVC pipe 0'-10' cut 25 LF $ 35.20 $880.00 $ 110.00 $2,750 $ 205.00 $5,125.00 $ 53.00 $1,325 $ 300.00 $7,500.00 $ 219.00 $5,475.00 3 Furnish and Install 12" ASTM D3034 SDR 26 PVC pipe 0'-12' cut 60 LF $ 45.40 $2,724.00 $ 85.00 $5,100 $ 107.00 $6,420.00 $ 68.00 $4,080 $ 300.00 $18,000.00 $ 228.00 $13,680.00 4 Furnish and Install 15" ASTM D3034 SDR 26 PVC pipe 0'-10' cut 195 LF $ 59.50 $11,602.50 $ 50.00 $9,750 $ 80.00 $15,600.00 $ 73.00 $14,235 $ 100.00 $19,500.00 $ 235.00 $45,825.00 5 Furnish and Install 15" ASTM D3034 SDR 26 PVC pipe 10'-12' cut 1,250 LF $ 60.20 $75,250.00 $ 53.00 $66,250 $ 90.00 $112,500.00 $ 73.00 $91,250 $ 110.00 $137,500.00 $ 235.00 $293,750.00 6 Furnish and Install 15" ASTM D3034 SDR 26 PVC pipe 12'-14' cut 1,175 LF $ 62.10 $72,967.50 $ 62.00 $72,850 $ 93.00 $109,275.00 $ 76.00 $89,300 $ 125.00 $146,875.00 $ 235.00 $276,125.00 7 Furnish and Install 15" ASTM D3034 SDR 26 PVC pipe 14'-16' cut 410 LF $ 66.30 $27,183.00 $ 65.00 $26,650 $ 120.00 $49,200.00 $ 86.00 $35,260 $ 135.00 $55,350.00 $ 235.00 $96,350.00 8 Furnish and Install 15" ASTM D3034 SDR 26 PVC pipe 16'-18' cut 460 LF $ 47.30 $21,758.00 $ 65.00 $29,900 $ 110.00 $50,600.00 $ 100.00 $46,000 $ 140.00 $64,400.00 $ 235.00 $108,100.00 9 Furnish and Install 16" Yelomine SDR 26 PVC Certa-Lok pipe 0'-10' cut 240 LF $ 90.10 $21,624.00 $ 110.00 $26,400 $ 228.00 $54,720.00 $ 116.00 $27,840 $ 110.00 $26,400.00 $ 271.00 $65,040.00 10 Furnish and Install 16" Yelomine SDR 26 PVC Certa-Lok pipe 10'-12' cut 75 LF $ 122.80 $9,210.00 $ 130.00 $9,750 $ 161.00 $12,075.00 $ 116.00 $8,700 $ 120.00 $9,000.00 $ 271.00 $20,325.00 11 Furnish and Install 16" Yelomine SDR 26 PVC Certa-Lok pipe 12'-14' cut 45 LF $ 126.80 $5,706.00 $ 150.00 $6,750 $ 498.00 $22,410.00 $ 120.00 $5,400 $ 130.00 $5,850.00 $ 271.00 $12,195.00 12 Furnish and Install 16" Yelomine SDR 26 PVC Certa-Lok pipe 14'-16' cut 15 LF $ 128.70 $1,930.50 $ 166.00 $2,490 $ 1,011.00 $15,165.00 $ 120.00 $1,800 $ 140.00 $2,100.00 $ 271.00 $4,065.00 13 Furnish and Install 16" Yelomine SDR 26 PVC Certa-Lok pipe 16'-18' cut 70 LF $ 502.50 $35,175.00 $ 190.00 $13,300 $ 345.00 $24,150.00 $ 144.00 $10,080 $ 150.00 $10,500.00 $ 271.00 $18,970.00 14 Furnish and Install 16" Yelomine SDR 26 PVC Certa-Lok pipe 18'-20' cut 10 LF $ 169.30 $1,693.00 $ 195.00 $1,950 $ 1,947.50 $19,475.00 $ 161.00 $1,610 $ 160.00 $1,600.00 $ 271.00 $2,710.00 15 Furnish and Install 16" Yelomine SDR 26 PVC Certa-Lok in Bore or Casing 1,500 LF $ 70.10 $105,150.00 $ 70.00 $105,000 $ 67.20 $100,800.00 $ 183.00 $274,500 $ 47.00 $70,500.00 $ 252.00 $378,000.00 16 Furnish and Install 18" AWWA C 905 DR 25 PVC pipe 0'-14' cut 300 LF $ 53.50 $16,050.00 $ 170.00 $51,000 $ 359.00 $107,700.00 $ 89.00 $26,700 $ 140.00 $42,000.00 $ 249.00 $74,700.00 17 Furnish and Install 18" AWWA C 905 DR 25 PVC pipe 14'-16' cut 1,230 LF $ 53.90 $66,297.00 $ 130.00 $159,900 $ 67.00 $82,410.00 $ 113.00 $138,990 $ 150.00 $184,500.00 $ 249.00 $306,270.00 18 Furnish and Install 18" AWWA C 905 DR 25 PVC pipe 16'-18' cut 375 LF $ 56.40 $21,150.00 $ 150.00 $56,250 $ 82.00 $30,750.00 $ 137.00 $51,375 $ 160.00 $60,000.00 $ 249.00 $93,375.00 19 Furnish and Install 18" AWWA C 905 DR 25 PVC pipe 18'-20' cut 145 LF $ 61.00 $8,845.00 $ 175.00 $25,375 $ 143.00 $20,735.00 $ 137.00 $19,865 $ 180.00 $26,100.00 $ 249.00 $36,105.00 20 Furnish and Install 12" AWWA C900 DR 18 PVC Force Main 6,465 LF $ 40.00 $258,600.00 $ 40.00 $258,600 $ 31.00 $200,415.00 $ 49.00 $316,785 $ 60.00 $387,900.00 $ 233.00 $1,506,345.00 21 Furnish and Install 8" AWWA C900 DR 18 PVC Force Main 70 LF $ 31.00 $2,170.00 $ 70.00 $4,900 $ 23.00 $1,610.00 $ 38.00 $2,660 $ 200.00 $14,000.00 $ 223.00 $15,610.00 22 Furnish and Install 12" Gate Valve and Box 5 EA $ 2,846.00 $14,230.00 $ 2,500.00 $12,500 $ 2,528.40 $12,642.00 $ 2,895.00 $14,475 $ 6,000.00 $30,000.00 $ 8,300.00 $41,500.00 23 Furnish and Install 8" Gate Valve and Box 2 EA $ 1,766.00 $3,532.00 $ 1,500.00 $3,000 $ 1,508.00 $3,016.00 $ 1,658.00 $3,316 $ 4,000.00 $8,000.00 $ 6,500.00 $13,000.00 24 Furnish and Install Ductile Iron Fittings 2,410.0 LBS $ 6.60 $15,906.00 $ 5.00 $12,050 $ 13.50 $32,535.00 $ 7.50 $18,075 $ 4.00 $9,640.00 $ 5.00 $12,050.00 25 Furnish and Install Flexible Joint Assembly 2 EA $ 17,027.00 $34,054.00 $ 20,000.00 $40,000 $ 10,715.00 $21,430.00 $ 26,121.00 $52,242 $ 40,000.00 $80,000.00 $ 25,000.00 $50,000.00 26 Furnish and Install Air Release Valve assembly 3 EA $ 7,969.00 $23,907.00 $ 8,000.00 $24,000 $ 10,735.00 $32,205.00 $ 9,580.00 $28,740 $ 15,000.00 $45,000.00 $ 13,600.00 $40,800.00 27 Furnish and Install Force Main tie to manhole 1 LS $ 14,157.00 $14,157.00 $ 20,000.00 $20,000 $ 1,650.00 $1,650.00 $ 5,185.00 $5,185 $ 15,000.00 $15,000.00 $ 17,100.00 $17,100.00 28 Furnish and Install 48" dia. manhole, 0'-4' depth 1 EA $ 3,820.00 $3,820.00 $ 7,200.00 $7,200 $ 6,566.00 $6,566.00 $ 5,326.00 $5,326 $ 20,000.00 $20,000.00 $ 16,900.00 $16,900.00 29 Furnish and Install Extra depth in 48" dia. manholes over 4' in depth 4.0 LF $ 153.00 $612.00 $ 650.00 $2,600 $ 753.00 $3,012.00 $ 872.00 $3,488 $ 700.00 $2,800.00 $ 10.00 $40.00 30 Furnish and Install 60" dia. manhole, 0'-4' depth 24 EA $ 6,167.00 $148,008.00 $ 7,200.00 $172,800 $ 4,660.00 $111,840.00 $ 4,958.00 $118,992 $ 30,000.00 $720,000.00 $ 18,100.00 $434,400.00 31 Furnish and Install Extra depth in 60" dia. manholes over 4' in depth 222.0 LF $ 651.00 $144,522.00 $ 700.00 $155,400 $ 769.00 $170,718.00 $ 476.00 $105,672 $ 800.00 $177,600.00 $ 10.00 $2,220.00 32 Furnish and Install Drop Assembly in Manhole 1 EA $ 965.00 $965.00 $ 3,500.00 $3,500 $ 3,076.00 $3,076.00 $ 1,243.00 $1,243 $ 5,000.00 $5,000.00 $ 11,000.00 $11,000.00 33 Furnish and Install Bolted and Gasketed Cover on Manhole 3 EA $ 3,681.00 $11,043.00 $ 1,000.00 $3,000 $ 4,042.00 $12,126.00 $ 5,362.00 $16,086 $ 2,500.00 $7,500.00 $ 4,300.00 $12,900.00 34 Furnish and Install 20" Steel Casing Pipe (W.T. 0.344") 715 LF $ 81.20 $58,058.00 $ 40.00 $28,600 $ 97.00 $69,355.00 $ 82.00 $58,630 $ 50.00 $35,750.00 $ 41.00 $29,315.00 35 Furnish and Install 24" Steel Casing Pipe (W.T. 0.375") 780 LF $ 96.10 $74,958.00 $ 55.00 $42,900 $ 114.50 $89,310.00 $ 75.00 $58,500 $ 55.00 $42,900.00 $ 50.00 $39,000.00 36 Bore for 12-inch pipe 125 LF $ 58.50 $7,312.50 $ 40.00 $5,000 $ 167.00 $20,875.00 $ 133.00 $16,625 $ 100.00 $12,500.00 $ 300.00 $37,500.00 37 Bore for 16-inch pipe 722 LF $ 149.00 $107,578.00 $ 60.00 $43,320 $ 222.00 $160,284.00 $ 149.00 $107,578 $ 100.00 $72,200.00 $ 404.00 $291,688.00 38 Bore for 20-inch pipe 715 LF $ 157.50 $112,612.50 $ 75.00 $53,625 $ 277.00 $198,055.00 $ 173.00 $123,695 $ 110.00 $78,650.00 $ 282.00 $201,630.00 39 Bore for 24-inch pipe 780 LF $ 260.50 $203,190.00 $ 95.00 $74,100 $ 333.00 $259,740.00 $ 204.00 $159,120 $ 125.00 $97,500.00 $ 330.00 $257,400.00 40 HMAC Pavement repair 1,720 SY $ 127.00 $218,440.00 $ 75.00 $129,000 $ 36.50 $62,780.00 $ 72.00 $123,840 $ 40.00 $68,800.00 $ 85.00 $146,200.00 41 8" Concrete Pavement Repair 400 SF $ 9.10 $3,640.00 $ 8.00 $3,200 $ 32.75 $13,100.00 $ 11.00 $4,400 $ 12.00 $4,800.00 $ 11.00 $4,400.00 42 5" Concrete Pavement Repair 1,920 SF $ 7.15 $13,728.00 $ 9.00 $17,280 $ 32.75 $62,880.00 $ 10.00 $19,200 $ 10.00 $19,200.00 $ 7.00 $13,440.00 43 Furnish and Install Sewer Line Utility Marker 6 EA $ 69.00 $414.00 $ 100.00 $600 $ 80.00 $480.00 $ 265.00 $1,590 $ 100.00 $600.00 $ 130.00 $780.00 44 Furnish, install, and remove wastewater bypass systems 1 LS $ 42,215.00 $42,215.00 $ 35,000.00 $35,000 $ 273,307.00 $273,307.00 $ 38,236.00 $38,236 $ 25,000.00 $25,000.00 $ 10,000.00 $10,000.00 45 Furnish and Install a Submersible Type Lift Station 1 LS $ 999,878.00 $999,878.00 $ 1,444,000.00 $1,444,000 $ 872,208.00 $872,208.00 $ 1,742,572.00 $1,742,572 $ 1,800,000.00 $1,800,000.00 $ 2,485,000.00 $2,485,000.00 46 Demolition of Existing Manholes Taken out of Service by this Project 4 EA $ 742.00 $2,968.00 $ 2,000.00 $8,000 $ 3,350.50 $13,402.00 $ 1,750.00 $7,000 $ 2,000.00 $8,000.00 $ 11,000.00 $44,000.00 47 Demolition of Lift Station 1 LS $ 38,762.00 $38,762.00 $ 40,000.00 $40,000 $ 18,135.00 $18,135.00 $ 27,175.00 $27,175 $ 50,000.00 $50,000.00 $ 92,000.00 $92,000.00 48 Construction of Access Road 1 LS $ 70,076.00 $70,076.00 $ 20,000.00 $20,000 $ 37,253.00 $37,253.00 $ 13,489.00 $13,489 $ 30,000.00 $30,000.00 $ 50,500.00 $50,500.00 49 Trench Safety 12,010 LF $ 1.40 $16,814.00 $ 1.00 $12,010 $ 19.00 $228,190.00 $ 0.05 $601 $ 2.00 $24,020.00 $ 0.01 $120.10 50 Traffic Controls 1 LS $ 8,704.00 $8,704.00 $ 15,000.00 $15,000 $ 33,669.00 $33,669.00 $ 22,279.00 $22,279 $ 100,000.00 $100,000.00 $ 45,000.00 $45,000.00 51 Erosion Controls 1 LS $ 68,763.50 $68,763.50 $ 15,000.00 $15,000 $ 94,727.00 $94,727.00 $ 7,320.00 $7,320 $ 50,000.00 $50,000.00 $ 26,000.00 $26,000.00 Base Bid Total $3,312,780.00 $3,552,600.00 $4,147,431.00 $4,527,797.50 $5,180,035.00 $7,998,898.10 Days to Complete 365 365 350 675 500 400 Alternate Bid No. 1 Line C from Sta. 7+65 to Sta. 20+10 Item L.A. Fuller & Sons Constr., LTD. Amarillo Utility Contractors West Texas Utility Contractors, Inc. MH Civil Constructors, Inc. Spiess Construction CO., Inc S.J. Louis Constr. of Texas, LTD No. Items Description Est. Quantity Unit Unit Price Ext. Amount Unit Price Ext. Amount Unit Price Ext. Amount Unit Price Ext. Amount Unit Price Ext. Amount Unit Price Ext. Amount A1-1 Mobilization/Demobilization 1 LS $ 4,169.60 $ 4,169.60 $ 50.00 $ 50.00 $ 4,638.00 $ 4,638.00 $ 7,278.00 $ 7,278.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 A1-2 Furnish and Install 15" ASTM D3034 SDR 26 PVC pipe 0'-16' cut 875 LF $ 46.00 $ 40,250.00 $ 85.00 $ 74,375.00 $ 114.00 $ 99,750.00 $ 86.00 $ 75,250.00 $ 70.00 $ 61,250.00 $ 235.00 $ 205,625.00 A1-3 Furnish and Install 15" ASTM D3034 SDR 26 PVC pipe 16'-18' cut 375 LF $ 47.50 $ 17,812.50 $ 100.00 $ 37,500.00 $ 127.00 $ 47,625.00 $ 100.00 $ 37,500.00 $ 88.00 $ 33,000.00 $ 235.00 $ 88,125.00 A1-4 Furnish and Install 60" dia. manhole, 0'-4' depth 3 EA $ 6,176.00 $ 18,528.00 $ 12,000.00 $ 36,000.00 $ 4,660.00 $ 13,980.00 $ 4,958.00 $ 14,874.00 $ 30,000.00 $ 90,000.00 $ 18,100.00 $ 54,300.00 A1-5 Furnish and Install Extra depth in 60" dia. manholes over 4' in depth 37 LF $ 650.70 $ 24,075.90 $ 1,200.00 $ 44,400.00 $ 769.00 $ 28,453.00 $ 476.00 $ 17,612.00 $ 800.00 $ 29,600.00 $ 10.00 $ 370.00 A1-6 Trench Safety 1,250 LF $ 1.60 $ 2,000.00 $ 1.00 $ 1,250.00 $ 3.00 $ 3,750.00 $ 0.05 $ 62.50 $ 2.00 $ 2,500.00 $ 0.01 $ 12.50 A1-7 Erosion Controls 1 LS $ 993.00 $ 993.00 $ 500.00 $ 500.00 $ 5,098.00 $ 5,098.00 $ 250.00 $ 250.00 $ 1,000.00 $ 1,000.00 $ 500.00 $ 500.00 Alternate Bid No. 1 $ 107,829.00 $ 194,075.00 $ 203,294.00 $ 152,826.50 $ 227,350.00 $ 358,932.50 Days to Complete 30 60 95 15 30 40 Alternate Bid No. 2 Line C from Sta. 20+10 to End of Line C Item L.A. Fuller & Sons Constr., LTD. Amarillo Utility Contractors West Texas Utility Contractors, Inc. MH Civil Constructors, Inc. Spiess Construction CO., Inc S.J. Louis Constr. of Texas, LTD No. Items Description Est. Quantity Unit Unit Price Ext. Amount Unit Price Ext. Amount Unit Price Ext. Amount Unit Price Ext. Amount Unit Price Ext. Amount Unit Price Ext. Amount A2-1 Mobilization/Demobilization 1 LS $ 4,169.40 $4,169.40 $ 50.00 $50.00 $ 4,638.00 $4,638.00 $ 6,228.00 $6,228.00 $ 10,000.00 $10,000.00 $ 10,000.00 $10,000.00 A2-2 Furnish and Install 15" ASTM D3034 SDR 26 PVC pipe 0'-16' cut 20 LF $ 76.70 $1,534.00 $ 85.10 $1,702.00 $ 936.40 $18,728.00 $ 86.00 $1,720.00 $ 110.00 $2,200.00 $ 235.00 $4,700.00 A2-3 Furnish and Install 15" ASTM D3034 SDR 26 PVC pipe 16'-18' cut 235 LF $ 47.00 $11,045.00 $ 100.00 $23,500.00 $ 185.00 $43,475.00 $ 100.00 $23,500.00 $ 120.00 $28,200.00 $ 235.00 $55,225.00 A2-4 Furnish and Install 16" Yelomine SDR 26 PVC Certa-Lok pipe 0'-16' cut 50 LF $ 112.70 $5,635.00 $ 125.00 $6,250.00 $ 445.46 $22,273.00 $ 120.00 $6,000.00 $ 110.00 $5,500.00 $ 271.00 $13,550.00 A2-5 Furnish and Install 16" Yelomine SDR 26 PVC Certa-Lok pipe 16'-18' cut 25 LF $ 144.80 $3,620.00 $ 145.00 $3,625.00 $ 758.00 $18,950.00 $ 144.00 $3,600.00 $ 120.00 $3,000.00 $ 271.00 $6,775.00 A2-6 Furnish and Install 16" Yelomine SDR 26 PVC Certa-Lok in Bore or Casing 120 LF $ 72.00 $8,640.00 $ 65.00 $7,800.00 $ 66.20 $7,944.00 $ 183.00 $21,960.00 $ 50.00 $6,000.00 $ 252.00 $30,240.00 A2-7 Furnish and Install 60" dia. manhole, 0'-4' depth 3 EA $ 6,176.00 $18,528.00 $ 12,000.00 $36,000.00 $ 4,660.00 $13,980.00 $ 4,958.00 $14,874.00 $ 30,000.00 $90,000.00 $ 18,100.00 $54,300.00 A2-8 Furnish and Install Extra depth in 60" dia. manholes over 4' in depth 38 LF $ 650.70 $24,726.60 $ 1,200.00 $45,600.00 $ 769.00 $29,222.00 $ 476.00 $18,088.00 $ 800.00 $30,400.00 $ 10.00 $380.00 A2-9 Furnish and Install 24" Steel Casing Pipe (W.T. 0.375") 120 LF $ 95.80 $11,496.00 $ 55.00 $6,600.00 $ 82.50 $9,900.00 $ 75.00 $9,000.00 $ 50.00 $6,000.00 $ 50.00 $6,000.00 A2-10 Bore for 24-inch pipe 120 LF $ 1,129.70 $135,564.00 $ 110.00 $13,200.00 $ 333.00 $39,960.00 $ 204.00 $24,480.00 $ 150.00 $18,000.00 $ 330.00 $39,600.00 A2-11 Furnish and Install Sewer Line Utility Marker 2 EA $ 69.00 $138.00 $ 100.00 $200.00 $ 80.00 $160.00 $ 265.00 $530.00 $ 100.00 $200.00 $ 130.00 $260.00 A2-12 Trench Safety 325 LF $ 1.80 $585.00 $ 1.00 $325.00 $ 3.00 $975.00 $ 0.05 $16.25 $ 2.00 $650.00 $ 0.01 $3.25 A2-13 Traffic Controls 1 LS $ 13,209.00 $13,209.00 $ 1,000.00 $1,000.00 $ 5,613.00 $5,613.00 $ 620.00 $620.00 $ 5,000.00 $5,000.00 $ 5,000.00 $5,000.00 A2-14 Erosion Controls 1 LS $ 1,969.00 $1,969.00 $ 500.00 $500.00 $ 4,035.00 $4,035.00 $ 200.00 $200.00 $ 1,000.00 $1,000.00 $ 500.00 $500.00 Alternate Bid No. 2 $240,859.00 $146,352.00 $219,853.00 $130,816.25 $206,150.00 $226,533.25 Days to Complete 30 60 60 15 30 40 Total Base Bid, Alt No. 1 and Alt No, 2 $3,661,468.00 $3,893,027.00 $4,570,578.00 $4,811,440.25 $5,613,535.00 $8,584,363.85 Total amount of days 425 485 505 705 560 480 REGARDING ITEM 9 AGENDA To: Randy Criswell, City Manager From: Danny Cornelius, Director of Code Enforcement Date: January 30, 2017 Re: Consider and Take Appropriate Action on Ordinance No. 1054, Amending Title XI, Business Regulations, by Adding Chapter 118, Credit Access Business Regulation, Setting Forth Regulation Requirements and Credit Extension Guidelines for Credit Access Businesses. A “Payday Lender” or a Credit Access Business is a business where a person can walk into the business and take a cash advance on his or her next paycheck. Most of these businesses offer a similar cash advance with a car title as collateral. Interest rates on these loans, when fees are included, often exceed 500 percent APR. The loans are typically marketed as two week or one month loans, but the majority of borrowers refinance, often 6 to 10 times. In response to the state legislature’s failure to adopt any substantial regulation of Credit Access Businesses, several cities have adopted an ordinance similar to Ordinance No. 1054, which is modeled after an example provided by the Texas Municipal League. The ordinance would require Credit Access Businesses to: 1. Obtain an annual certificate of registration from the City. 2. Maintain records of all extensions of consumer credit, including the amount of cash advanced and number of installments and renewals. The records must be maintained for at least 3 years and made available for inspection by the City. 3. Provide that cash advanced in the form of a deferred presentment transaction not exceed 20 percent of the consumer’s gross monthly income. 4. Provide that cash advanced in form of a motor vehicle title loan not exceed the lesser of 3 percent of the consumer’s gross annual income or 70 percent of the retail value of the motor vehicle. 5. Provide that repayment of the extension is limited to 4 installments. Proceeds from each installment must be used to repay at least 25 percent of the principle. Advances that provide for repayment in installments may not be refinanced or renewed. 6. Provide that extensions with a single lump sum repayment may not be refinanced or renewed more than 3 times. Proceeds from each refinancing or renewal must be used to repay at least 25 percent of the principle. 7. Provide that every agreement be written in the consumer’s language of preference or must be read to the consumer in the language of preference. 8. Provide a form, prescribed by the City, to each consumer which references non-profit agencies that provide financial education and training programs and agencies with cash assistance programs. It is the staff recommendation that Ordinance No. 1054 be adopted. City of Canyon  ORDINANCE NO. 1054 Credit Access Business Regulation AN ORDINANCE OF THE CITY OF CANYON, TEXAS, AMENDING TITLE XI, BUSINESS REGULATIONS, OF THE CITY OF CANYON CODE OF ORDINANCES, BY ADDING CHAPTER 118, CREDIT ACCESS BUSINESS REGULATION; SETTING FORTH REGISTRATION REQUIREMENTS AND CREDIT EXTENSION GUIDELINES FOR CREDIT ACCESS BUSINESSES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; AND PROVIDING A PENALTY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, certain credit access businesses engage in abusive and predatory lending practices, offering easy money to those members of our community who are in a tight spot with onerous terms and fees; and WHEREAS, the practices of certain access businesses cause members of our community to become trapped in a cycle of short term, high interest loans resulting in large debt and huge payments; and WHEREAS, the Pew Charitable Trusts, in their publication entitled Payday Lending in America: Who Borrows, Where they Borrow, and Why, (July 2012), wrote that “payday loans are sold as two-week credit products that provide fast cash, but borrowers are actually indebted for an average of five months per year.” The report further noted that “on average, a borrower takes out eight loans of $375 each per year and spends $520 on interest;” and WHEREAS, the Pew Charitable Trusts, in their publication entitled Payday Lending in America: Who Borrows, Where they Borrow, and Why, (July 2012), also noted: “How much borrowers spend on loans depends heavily on the fees permitted by their state. The same $500 storefront loan would generally cost about $55 in Florida, $75 in Nebraska, $87.50 in Alabama, and $100 in Texas, even if it were provided by the same national company in all those states. Previous research has found that lenders tend to charge the maximum permitted in a state;” and WHEREAS, the Pew Charitable Trusts, in their publication entitled Payday Lending in America: Who Borrows, Where they Borrow, and Why, (July 2012), also stated that “the vast majority of borrowers use the loans on a long-term basis, not temporary one. Thus it seems that the payday loan industry is selling a product few people use as designed and that imposes debt that is consistently more costly and longer lasting than advertised;” and WHEREAS, the Community Financial Services Association of America (CFSA), the national trade association for companies that offer small dollar, short-term loans or payday advances includes the following in the “Member Best Practices” as listed on its internet site (http://cfsaa.com/cfsa-member-best-practices.aspx): “Members shall not allow customers to rollover a payday advance (the extension of an outstanding advance by payment of only a fee) unless expressly authorized by state law, but in such cases where authorized will limit rollovers to four or the state limit, whichever is less.” The need for consumer understanding was also outlined on this website: “A contract between a member and the customer must fully outline the terms of the payday advance transaction. Members agree to disclose the cost of the service fee both as a dollar amount and as an annual percentage rate (“APR”);” and WHEREAS, the Center for Responsible Lending, a non-profit, non-partisan organization, states on its internet site (http://www.responsiblelending.org/other- consumer-loans/tools-resources/fast-facts.html) that: “car title loans are based on the value of a borrower’s car - the ability to repay the loans is not factor in the lending decision…”; “loan rates for a car title are typically 20-30 times that of rates charged by credit card issuers…”; “the average car title customer renews their loan 8 times…”; and, “on a $500 title loan, this average customer will pay back $650 in interest over eight months; the principal borrowed will be in addition;” and WHEREAS, lenders hold onto the motor vehicle title and when borrowers cannot continue to pay the fees, they can lose their vehicles, which can drastically affect the borrower’s means of transportation for work and other essential household functions. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS; SECTION 1: That Chapter 118, Credit Access Businesses Regulation, is hereby added as follows: Section 118.01 Short Title and Purpose. (A) This article may be known and cited as “Credit Access Business Regulation.” (B) The purpose of this article is to protect the welfare of the citizens of the City of Canyon by monitoring credit access businesses in an effort to reduce abusive and predatory lending practices. To this end, this article establishes a registration program for credit access businesses, imposes restrictions on extensions of consumer credit made by credit access businesses, and imposes recordkeeping requirements on credit access businesses. Section 118.02 Definitions. As used in this chapter: (1) CERTIFICATE OF REGISTRATION means a certificate of registration issued by the director under this article to the owner or operator of a credit access business. (2) CONSUMER means an individual who is solicited to purchase or who purchases the services of a credit access business. (3) CONSUMER’S LANGUAGE OF PREFERENCE is the language the consumer understands best. (4) CREDIT ACCESS BUSINESS has the meaning given that term in Section 393.601 of the Texas Finance Code. (5) DEFERRED PRESENTMENT TRANSACTION has the meaning given that term in Section 393.601 of the Texas Finance Code.  (6) DIRECTOR means the Director of Code Enforcement or as otherwise designated by the City Manager, to enforce and administer this chapter. (7) EXTENSION OF CONSUMER CREDIT has the meaning given that term in Section 393.001 of the Texas Finance Code. (8) MOTOR VEHICLE TITLE LOAN has the meaning given that term in Section 393.601 of the Texas Finance Code. (9) PERSON means any individual, corporation, organization, partnership, association, financial institution, or any other legal entity. (10) REGISTRANT means a person issued a certificate of registration for a credit access business under this chapter and includes all owners and operators of the credit access business identified in the registration application filed under this chapter. (11) STATE LICENSE means a license to operate a credit access business issued by the Texas Consumer Credit Commissioner under Chapter 393, Subchapter G of the Texas Finance Code. 118.03 Violations; Penalty (A) A person who violates a provision of this chapter, or who fails to perform an act required of the person by this chapter, commits an offense. A person commits a separate offense for each and every violation relating to an extension of consumer credit, and for each day during which a violation is committed, permitted, or continued. (B) An offense under this chapter is punishable by a fine of not more than $500. (C) A culpable mental state is not required for the commission of an offense under this article and need not be proved. (D) The penalties provided for in Subsection (b) are in addition to any other remedies that the city may have under city ordinances and state law. 118.04 Defenses It is a defense to prosecution under this article that at the time of the alleged offense the person was not required to be licensed by the state as a credit access business under Chapter 393, Subchapter G, of the Texas Finance Code. 118.05 Registration Required A person commits an offense if the person acts, operates, or conducts business as a credit access business without a valid certificate of registration. A certificate of registration is required for each physically separate credit access business. 118.06 Registration Application (A) To obtain a certificate of registration for a credit access business, a person must submit an application on a form provided for that purpose to the director. The application must contain the following:  (1) The name, street address, mailing address, facsimile number, and telephone number of the applicant. (2) The business or trade name, street address, mailing address, facsimile number, and telephone number of the credit access business. (3) The names, street addresses, mailing addresses, and telephone numbers of all owners of the credit access business, and the nature and extent of each person’s interest in the credit access business. (4) A copy of a current, valid state license held by the credit access business pursuant to Chapter 393, Subchapter G of the Texas Finance Code. (5) A copy of a current, valid certificate of occupancy showing that the credit access business is in compliance with the City of Canyon Code of Ordinances. (6) A non-refundable application fee of $100.00. This fee is due for both an original application fee and a renewal. (B) An applicant or registrant shall notify the director within 45 days after any material change in the information contained in the application for a certificate of registration, including, but not limited to, any change of address and any change in the status of the state license held by the applicant or registrant. 118.07 Issuance and Display of Certificate of Registration; Presentment upon Request. (A) The director shall issue to the applicant a certificate of registration upon receiving a completed application under Section 118.06. (B) A certificate of registration issued under this section must be conspicuously displayed to the public in the credit access business. The certificate of registration must be presented upon request to the director or any peace officer for examination. 118.08 Expiration and Renewal of Certificate of Registration. (A) A certificate of registration expires on the earliest of: (1) One year after the date of issuance; or (2) The date of revocation, suspension, surrender, expiration without renewal, or other termination of the registrant’s state license. (B) A certificate of registration may be renewed by making application in accordance with Section 118.06. A registrant shall apply for renewal at least 30 days before the expiration of the registration. 118.09 Non-transferability. A certificate of registration for a credit access business is not transferable. 118.10 Maintenance of Records. (A) A credit access business shall maintain a complete set of records of all extensions of consumer credit arranged or obtained by the credit access business, which must include the following information: (1) The name and address of the consumer. (2) The principal amount of cash actually advanced. (3) The length of the extension of consumer credit, including the number of installments and renewals. (4) The fees charged by the credit access business to arrange or obtain an extension of consumer credit; and (5) The documentation used to establish a consumer’s income under Section 118.11 of this ordinance. (B) A credit access business shall maintain a copy of each written agreement between the credit access business and a consumer evidencing an extension of a consumer credit (including, but not limited to, any refinancing or renewal granted to the consumer). (C) A credit access business shall maintain copies of all quarterly reports filed with the Texas Consumer Credit Commissioner under Section 393.627 of the Texas Finance Code. (D) The records required to be maintained by a credit access business under this section must be retained for at least three years and made available for inspection by the city upon request during the usual and customary business hours of the credit access business. 118.11 Restriction on Extension of Consumer Credit. (A) The cash advanced under an extension of consumer credit that a credit access business obtains for a consumer or assists a consumer in obtaining in the form of a deferred presentment transaction may not exceed 20 percent of the consumer’s gross monthly income. (B) The cash advanced under an extension of consumer credit that a credit access business obtains for a consumer or assists a consumer in obtaining in the form of a motor vehicle title loan may not exceed the lesser of: (1) Three percent of the consumer’s gross annual income; or (2) 70 percent of the retail value of the motor vehicle. (C) A credit access business shall use a paycheck or other documentation establishing income to determine a consumer’s income. (D) An extension of consumer credit that a credit access business obtains for a consumer or assists a consumer in obtaining and that provides for repayment in installments may not be payable in more than four installments. Proceeds from each installment must be used to repay at least 25 percent of the principal amount of the extension of consumer credit. An extension of consumer credit that provides for repayment in installments may not be refinanced or renewed. (E) An extension of consumer credit that a credit access business obtains for a consumer or assists a consumer in obtaining and that provides for a single lump sum repayment may not be refinanced or renewed more than three times. Proceeds from each refinancing or renewal must be used to repay at least 25 percent of the principal amount of the original extension of consumer credit. (F) For purposes of this section, an extension of consumer credit that is made to a consumer within seven days after a previous extension of consumer credit has been paid by the consumer will constitute a refinancing or renewal. 118.12 Requirement of Consumer Understanding of Agreement. (A) Every agreement between the credit access business and a consumer evidencing an extension of consumer credit (including, but not limited to, any refinancing or renewal granted to the consumer), must be written in the consumer’s language of preference. Every credit access business location must maintain on its premises, to be available for use by consumers, agreements in the English and Spanish languages. (B) For every consumer who cannot read, every agreement between the credit access business and a consumer evidencing an extension of consumer credit (including, but not limited to, any refinancing or renewal granted to the consumer) must be read to the consumer in its entirety in the consumer’s language of preference, prior to the consumer’s signature. (C) For every consumer who cannot read, every disclosure and notice required by law must be read to the consumers in its entirety in the consumer’s language of preference, prior to the consumer’s signature. 118.13 Referral to Consumer Credit Counseling. A credit access business shall provide a form, to be prescribed by the Director, to each consumer seeking assistance in obtaining an extension of consumer credit which references non-profit agencies that provide financial education and training programs and agencies with cash assistance programs. The form will also contain information regarding extensions of consumer credit, and must include the information required by 118.10(A)(1)-(5) of this ordinance specific to the loan agreement with the consumer. If the Director has prescribed a form in the consumer’s language of preference, the form must be provided in the consumer’s language of preference. SECTION 2: Severability. If any provision, section, subsection, clause, or the application of same to any person or set of circumstances for any reason is held to be unconstitutional, void or invalid or for any reason unenforceable, the validity of the remaining portions of this ordinance or the application thereby shall remain in effect, it being the intent of the City Commission of the City of Canyon, Texas in adopting this ordinance, that no portion thereof or provision continued herein shall become inoperative or fail by any reasons of the unconstitutionality of any other portion or provision. SECTION 3: Repealer. All ordinances, parts of ordinances, resolutions, and parts of resolutions in conflict with this ordinance are hereby repealed to the extent of conflict with this ordinance. SECTION 4: Effective Date. This ordinance shall be published according to law and become effective ten (10) days from the date of passage. INTRODUCED AND PASSED by the City Commission of the City of Canyon, Texas on the 6th day of February, 2017 ________________________ Quinn Alexander, Mayor ATTEST: __________________________ Gretchen Mercer, City Clerk REGARDING ITEM 10 AGENDA To: Randy Criswell, City Manager From: Jon Behrens, Assistant to the City Manager Date: January 31, 2017 Re: Consider and Take Appropriate Action on Comprehensive Planning Consultant Finalists Selection as Recommended by the Committee. Prior to the January 13, 2017, deadline we received seven qualified submittals associated with the City of Canyon Comprehensive Plan Updated RFP. On January 16, 2017, the RFP’s were distributed to Mayor Alexander, Randy Criswell, Dan Reese, Chris Sharp, Danny Cornelius, Dwight Brandt, and Jon Behrens. This group is using a submittal review scoring system based on the criteria provided to firms in the RFP to rank the submittals. The review group will meet on Thursday, February 2, to review the submittals and combine their individual score sheets. Once the group has determined the top three or possibly four submittals, those submittals will be brought to the Commission meeting along with a recommendation that those firms be selected as finalist. Firms that are selected as finalist will have the opportunity to make a presentation here in Canyon. Staff would like to seek input from the Commission related to the interview, final selection, and contract negotiation processes. The RFP discussed the possibility of interviews the week of February 13, however, that date may be challenging for everyone involved. Completion of the interview process prior to March 1, may be a more reasonable goal. Should you have any questions related to this process please let me know. City of Canyon REGARDING ITEM 13 AGENDA To: Mayor and City Commission From: Randy Criswell, City Manager Date: February 6, 2017 Re: Discuss February Meeting Dates Since we’ve got such a big decision to make as far as the award of the North Sewer Project, we’ll need to meet again in February. The bids are only guaranteed for 30 days, and we’ll need to award the bid in February. Gretchen has attached a copy of a February calendar. City of Canyon February 2017 Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28