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 3rd day of April 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. Public Comment – Comments from Interested Citizens. 5. Approval of the Minutes of the Special Meeting of March 17, 2017. 6. Approval of the Minutes of the Meeting of March 20, 2017. 7. Consider and Take Appropriate Action on Ordinance No. 1059, Vacating 2nd Street Between 1st Avenue and the BNSF Right-of-Way. 8. Consider and Take Appropriate Action on Adoption of Policy for Community Gardens and City Garden Plot Rentals. 9. Consider and Take Appropriate Action on CAP Financial Update. 10. Consider and Take Appropriate Action on Bids Received for Sealcoating – 2017 Project. 11. Consider and Take Appropriate Action on Ordinance No. 1056, An Ordinance to Annex Property adjacent to Valleyview Drive as requested by property owner Matthew Scott Gonzales and Terilynn Coleman-Gonzales. 12. Consider and Take Appropriate Action on Ordinance No. 1057, An Ordinance to Annex Property Adjacent to Valleyview Drive as Requested by Property Owner Enchanted Star Homes, LLC, A New Mexico Limited Liability Company. 13. Adjournment. Randy Criswell, City Manager I certify that the above Notice of Meeting was posted on the bulletin board of the Civic Complex of the City of Canyon, Texas on the 31st day of March 2017. Gretchen Mercer, City Clerk City of Canyon City Commission Special Meeting March 17, 2017 The City Commission of the City of Canyon met in special session at 11:00 a.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, David Logan, Justin Richardson and Joseph Shehan. Also present were the following City Staff: City Manager Randy Criswell, Assistant City Manager Chris Sharp, Assistant City Manager for Special Projects Jon Behrens, and City Attorney Chuck Hester. Item 1. Call to Order. Mayor Alexander called the meeting to order at 11:35 a.m. Item 2. Conduct Interviews and Hear Presentations from Firms Selected as Finalists for Updating the City of Canyon’s Comprehensive Plan and Associated Components. Firms are: HALFF, Kimley-Horn, and Freese & Nichols. Each firm was given 30 minutes for their presentation. Item 3. Consider and Take Appropriate Action on Authorizing the City Manager to Negotiate Contract Based on Order of Ranking Resulting from Interviews and Presentations. After discussion and comments from each Commissioner, Commissioner Shehan moved, duly seconded by Commissioner Richardson to rank Freese & Nichols first, Kimley-Horn second, and HALFF third, and to authorize the City Manager to begin negotiating a contract for updating the City of Canyon Comprehensive Plan. Item 4. Adjournment. There being no further business, Mayor Pro-Tem Hinders moved this meeting be adjourned. ______________________________ Quinn Alexander, Mayor ATTEST: ________________________________ Gretchen Mercer, City Secretary City Commission Meeting March 20, 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, David Logan, Justin Richardson and Joseph Shehan. 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 Parks and Recreation Brian Noel, Director of Code Enforcement Danny Cornelius, City Engineer Dwight Brandt, 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. Mayor Pro-Tem Hinders gave the invocation. Item 3. Pledge of Allegiance. The Pledge of Allegiance was led by Code Enforcement Director Danny Cornelius. Item 4. Public Comment – Comments from Interested Citizens. No comments were made. Item 5. Approval of Minutes of the Meeting of March 6, 2017. Commissioner Shehan moved, duly seconded by Commissioner Logan, to approve the minutes of March 6, 2017 as presented. Motion carried unanimously. Item 6. Consider and Take Appropriate Action on Construction Progress Report on Canyon Aqua Park. Assistant City Manager for Special Projects Jon Behrens gave a presentation with a slide show of progress on the Canyon Aqua Park (the CAP). There was brief discussion on if the available parking for the CAP would meet the needs. Staff was directed to put an item on the next agenda with regard to parking and financials. Item 7. Consider and Appropriate Action on 2015-2016 Audit as Presented by the Audit Committee and Doshier, Pickens & Francis. John Merriss of Doshier, Pickens & Francis presented the City of Canyon 2015-2016 Audit. Mr. Merriss stated the City was issued a “clean audit opinion” and commended Finance Director Chris Sharp, City Manager Randy Criswell, Joel Wright of Tate and Cox, P.C., and staff for being organized and very efficient. Mr. Morris highlighted the audit and answered questions from the Commissioners. City Commission Meeting March 20, 2017 Page 2 of 4 After discussion, Commissioner Shehan moved, duly seconded by Commissioner Richardson to approve the 2015-2016 Audit as presented. Motion carried unanimously. Item 8. Consider and Take Appropriate Action Upon Request to Release Deed of Trust and Possibility of Reverter Relating to the Lone Star Dairy Products, LLC Project Without Prejudice to the Project Funding Agreement and Real Estate Lien Note. City Attorney Chuck Hester addressed the Commission. Mr. Hester said the Lone Star financing arrangements are ongoing and unnecessarily time consuming with regard to requests for subordination agreements. Mr. Hester stated now that the plant is constructed and meets the standards of good workmanship and quality, the objective has been accomplished. Mr. Hester said there is no longer any need for the City of Canyon or the Canyon Economic Development Corporation to remain involved in the details of Lone Star Dairy Products financing plans. After discussion, Mayor Pro-Tem Hinders moved, duly seconded by Commissioner Logan to release the Deed of Trust lien and grant reverter and authorize the City Manager to sign any necessary documents to carry out the authorization. Motion carried unanimously. Item 9. Consider and Take Appropriate Action on Community Garden Policy. City Manager Randy Criswell presented a draft policy for community gardens as directed by the City Commission. After discussion, Commissioners said they liked the direction the policy was going and asked Mr. Criswell to continue with developing the Community Garden Policy. Item 10. Conduct Second Public Hearing on Ordinance No. 1056, An Ordinance to Annex Property Adjacent to Valleyview Drive as Requested by Property Owner Matthew Scott Gonzales and Terilynn Coleman-Gonzales. Mayor Alexander opened the public hearing for Ordinance No. 1056. There being no comment, Mayor Alexander closed the public hearing. No action required on the second reading. ORDINANCE NO. 1056 ANNEXING TERRITORY TO THE CITY OF CANYON Matthew Scott Gonzales and Terilynn Coleman-Gonzales AN ORDINANCE OF THE CITY OF CANYON, TEXAS, ANNEXING THE TERRITORY HEREIN DESCRIBED TO THE CITY OF CANYON IN RANDALL COUNTY, TEXAS, EXTENDING THE BOUNDARY LIMITS OF THE CITY OF CANYON TO INCLUDE THE PROPERTY HEREIN DESCRIBED WITHIN THE SAID CITY LIMITS, AND GRANTING TO ALL THE INHABITANTS OF SAID PROPERTY ALL THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID INHABITANTS BY ALL OF THE ACTS, ORDINANCES, RESOLUTIONS, AND REGULATIONS OF SAID CITY. Item 11. Conduct Second Public Hearing on Ordinance No. 1057, An Ordinance to Annex Property Adjacent to Valleyview Drive as Requested by Property Owner Enchanted Star Homes, LLC, A New Mexico Limited Liability Company. City Commission Meeting March 20, 2017 Page 3 of 4 Mayor Alexander opened the public hearing for Ordinance No. 1057. There being no comment, Mayor Alexander closed the public hearing. No action required on the second reading. ORDINANCE NO. 1057 ANNEXING TERRITORY TO THE CITY OF CANYON ENCHANTED STAR HOMES, LLC, a New Mexico Limited Liability Company AN ORDINANCE OF THE CITY OF CANYON, TEXAS, ANNEXING THE TERRITORY HEREIN DESCRIBED TO THE CITY OF CANYON IN RANDALL COUNTY, TEXAS, EXTENDING THE BOUNDARY LIMITS OF THE CITY OF CANYON TO INCLUDE THE PROPERTY HEREIN DESCRIBED WITHIN THE SAID CITY LIMITS, AND GRANTING TO ALL THE INHABITANTS OF SAID PROPERTY ALL THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID INHABITANTS BY ALL OF THE ACTS, ORDINANCES, RESOLUTIONS, AND REGULATIONS OF SAID CITY. Item 12. Hear and Discuss Report from USACE on Possible Flood Feasibility Study for Palo Duro Creek. City Manager Randy Criswell gave a brief history of a grant the City of Canyon received from the Texas Water Development Board for a Flood Planning Study for Palo Duro Creek, which was completed in 2011. Mr. Criswell said the report generated from that study made some general recommendations as to flood mitigation on the creek, but United States Army Corps of Engineers (USACE) had no funding to proceed any further. Mr. Criswell said in 2014 the USACE had notified him of the availability of up to $100,000 for the Corps to expand on the initial feasibility analysis which Mr. Criswell authorized them to do. The purpose of the expanded feasibility analysis would be to determine if Palo Duro Creek was a potential candidate for a Section 205 Flood Project. Mr. Criswell stated the USACE had recently notified the City there is some money available for yet a further study. Mr. Criswell said if the City accepts this grant to pursue a more detailed study, the City of Canyon would be expected to pay over $200,000. In addition, if a Section 205 Project is selected for Canyon, the City would be responsible for a 35% match. Mr. Criswell explained that in the most recent feasibility report, the solutions proposed by the USACE would have extremely negative impacts on both the golf course and the homes along the golf course with limited positive impact on flooding conditions. Mr. Criswell stated that the Corps is asking if the City of Canyon wants to proceed with the next step that would include committing over $200,000 with no guarantee. Mr. Criswell pointed out that no structures had been flooded due to the creek since 1978. City Engineer Dwight Brandt was present to help answer any questions. After discussion, no interest to pursue further action was indicated. City Manager Randy Criswell said due to the lack in interest, he would inform USACE the City of Canyon had no interest at this time in pursuing any further studies. Item 13. Executive Session Pursuant to Texas Government Code §551.072 for Real Property and §551.071 for Consultation with Attorney. Mayor Alexander indicated the Commission would adjourn into Executive Session at 7:28 pm. Item 14. Consider and Take Appropriate Action on Items Discussed in Executive Session. City Commission Meeting March 20, 2017 Page 4 of 4 Upon returning from Executive Session at 8:01 pm, no action was taken. Item 15. 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 7 AGENDA To: Randy Criswell, City Manager From: Danny Cornelius, Director of Code Enforcement Date: March 27, 2017 Re: Consider and Take Appropriate Action on Ordinance No. 1059, Vacating 2nd Street Between 1st Avenue and the BNSF Right-of-Way. The Consumer’s Supply Cooperative at 100 West 1st Avenue has submitted a request that the 2nd Street right-of-way between 1st Avenue and the BNSF right-of-way be vacated and ownership transferred to the COOP. There are several of these short right-of-ways adjacent to the railroad. Most are 98’ to 100’ strips of 80’ wide right-of-way and serve no purpose. In 2010, the City vacated 13th and 14th Streets between 1st Avenue and the BNSF right-of-way to the adjacent owners. We have contacted all the local utility companies. There are no utilities in the right-of-way and no objections to vacating it. If Ordinance No. 1059 is adopted, Chuck will prepare a Quitclaim Deed to complete the process. Staff recommends that Ordinance 1059 be adopted. City of Canyon Danny Cornelius Subject: FW: Consumers Supply Proposal From: Caleb Stephenson Imailto:caleb@canvonco-op.com] S€nt: Tuesday, February 14, 2017 10:18 AM To! Dan Reese <dreese@canyontx.com> Subject: Consumers Supply Proposal Consumers Supply would like to propose; City of Canyon pass ownership of the 80 foot right of way that would be 2nd St. (located between block 035485023250R and block O35485O19OOOR, south of 1s Ave to BNSF rail line) to Consumers Supply Cooperative. I have attached the map of our area. Cooperatively, Caleb Stephenson Consumers Supply Cooperative 806-655-2134 Map Data displayed were gathered 03/22/17 11:49 by the City of Canyon for municipal purposes. No guarantee is made regarding suitability for any other use or purpose.  ORDINANCE NO. 1059 Vacating 2nd Street between 1st Avenue and the BNSF right-of-way AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS, VACATING A STREET RIGHT-OF-WAY IN HELLER’S ADDITION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the passage, promulgation, and enforcement of the provisions herein contained are determined necessary and advisable for the promotion of the general welfare of the community to carry out the governmental powers delegated to and possessed by the City of Canyon; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS: SECTION 1. WHEREAS, the plat of Heller’s Addition, Volume 7, Page 4, Official Deed Records of Randall County, Texas, dedicated certain property as a public street. The property owner adjacent to this property has requested the City Commission of the City of Canyon vacate and perpetually close the street as described in Exhibit “A”, attached hereto and incorporated herein by reference for all purposes. SECTION 2. WHEREAS, City Staff has contacted all utility companies with improvements installed in the City for comments on the action requested by the adjacent property owner. It appears that no utility company or other interested parties have raised objections to the proposed action. City staff therefore recommends that the street be vacated and dedicated to the adjacent property owner. SECTION 3. THEREFORE, the dedicated streets described in Exhibit “A” shall be vacated on the effective date of this ordinance. SECTION 4. This ordinance shall be effective on and after its adoption. INTRODUCED AND PASSED at the regular meeting of the City Commission on the 3rd day of April, 2017. _______________________ Quinn Alexander, Mayor ATTEST: _________________________ Gretchen Mercer, City Clerk  “EXHIBIT A” LEGAL DESCRIPTION Vacating 2nd Street between 1st Avenue the BNSF Right-of-Way A tract of land situated in Heller’s Addition, a subdivision to the City of Canyon, according to the recorded map or plat thereof, of record in Volume 7, Page 4 of the Official Deed Records of Randall County, Texas, said tract being a portion of the public right-of-way of 2nd Street, Canyon, Texas, described by metes and bounds as follows: BEGINNING at a point marking the northwest corner of Lot 2, Block 26, Heller’s Addition, same being the northwest corner of said Block 26 and BEGINNING CORNER of this tract; THENCE Southerly, along the west right-of-way line of 2nd Street, 98.9 feet to a point, being in north right-of-way line of the BNSF Railroad and the west right-of-way line of 2nd Street; THENCE Westerly, along the north right-of-way line of the BNSF Railroad, 80 feet to a point, being in the north right-of-way line of the BNSF Railroad and the east right-of-way line of 2nd Street; THENCE Northerly, along the west right-of-way line of 2nd Street, 98.9 feet to a point, being the northeast corner of Lot 1, Block 35, Heller’s Addition, same being the northeast corner of said Block 35; THENCE Easterly, along the south right-of-way line of 1st Avenue, 80 feet to the BEGINNING CORNER of this tract. REGARDING ITEM 8 AGENDA To: Mayor and City Commission From: Randy Criswell, City Manager Date: April 3, 2017 Re: Consider and Take Appropriate Action on Adoption of Policy for Community Gardens and City Garden Plot Rentals. As per your direction at the last meeting, staff is working on development of a policy to address Community Gardens and also address garden plots that can be rented from the City on public property. At the time of this memo, we have not completed that task, but I am hopeful we’ll have it prepared by meeting time for your consideration. City of Canyon REGARDING ITEM 9 AGENDA To: Randy Criswell, City Manager From: Jon Behrens, Assistant to the City Manager Date: March 28, 2017 Re: Consider and Take Appropriate Action on Canyon Aqua Park (CAP) Expense Update The attached spreadsheet provides a breakdown of expenses related to the CAP as of March 27, 2017. I have estimated the expenses that we anticipate in several of the categories. If I can answer any questions related to the spreadsheet, let me know. City of Canyon Canyon Aqua Park Expense Update 03/27/2017 November 2015 Bond 6,000,000 Paid to JC Comm as of 3/27 ‐2,523,200.11 Balance to JCC to finish 3/27 ‐3,032,890.89 FY '17 Paid to K‐Horn as of 3/27 ‐57,500 $385,000 billed in FY'2016 Balance to K‐H to finish ‐57,500 Purchases as of 3/27 ‐79,153.11 Contingency spent as of 3/27 ‐14,493.22 $50,000 line item Est. Remaining purchases** ‐161,500 73,763 Projected balance at completion (Includes $35,506.78 remaining in Project Contengincy) Remaining Purchases Include** 1/2 Loungers Tubes Life Jackets Back Stroke flags Water volleyball Radios Admin. Building furniture Sound system, cameras, wiring Signage ‐ throughout the park & entrance General supplies & miscellaneous expenses Wrist bands, cards, receipt paper Remaining POS equipment Remaining concession equipment REGARDING ITEM 10 AGENDA To: Randy Criswell, City Manager From: Dan Reese, Public Works Director Date: March 28, 2017 Re: Consider and Take Appropriate Action on Bids Received for Sealcoating – 2017 Project. Only two bids were received for our annual project, this year. Even though we were one of the earliest projects to bid, one of our regular bidders had already committed to other work, specifically a lot of TxDOT sealcoating, and did not bid. The target area this year will finish up Canyon East, Aztec, Creekside, Gagestone, start on Hunsley Hills (south of the creek) and Hunsley Road. A sketch of the project is attached. We’re continuing to specify asphalt pre-coated gravel for our project. The total base bid quantity was approximately 193,000 square yards. The two bids received were $2.00 per square yard and $2.31 per square yard. The low bid was submitted by Freeman Paving of Vernon at $2.00 per square yard. The total amount for the base bid was $407,180.00. A contract completion time of 45 days was also bid. Freeman has done our work before and we’ve had no issues with the quality of their work in the past. We had increased our budget for this year to account for the striping on Hunsley Road. Fortunately, the total bid is within our budget of $418,000.00. The unit price this year, is a $0.30 per square yard increase over the low bid last year. A bid tabulation sheet and award recommendation from the Engineer is also attached. Due to our growth, current and incoming, the condition of our streets (they’re in pretty good shape), and for budget control, we believe that adding another year to the rotation is warranted. We’ve instructed Brandt to divide the City up into eight (8) similar sized areas. We will begin the eight year cycle in 2018. This means that it will take eight years to complete the entire City as opposed to the seven that it has taken previously. The public works department concurs with the Engineer and recommends awarding the 2017 sealcoating bid to Freeman Paving in the amount of $407,180.00. City of Canyon  BID TABULATION SHEET SEALCOAT 2017 CANYON, TEXAS January 17, 2017 10:00 A.M. BASE BID FREEMAN PAVING G & G OPERATORS Estimated Unit Ext. Unit Ext. Item No. Description Quantity Unit Price Amount Price Amount 1 Construction of Single Sealcoating Using Precoated Rock 186,090 SY $ 2.000 $ 372,180.00 $ 2.310 $ 429,867.90 2 Paving Markings 1 LS $ 35,000.000 $ 35,000.00 $ 15,500.000 $ 15,500.00 BASE BID TOTAL $ 407,180.00 $ 445,367.90 Number of calendar days to complete project 45 90 REGARDING ITEMS 10 AND 11 AGENDA To: Mayor and City Commission From: Randy Criswell, City Manager Date: March 29, 2017 Re: Item No. 11 and Item No. 12: Consider and Take Appropriate Action on Annexation Ordinances 1056 and 1057. Items No. 11 and No. 12 are for Adopting Ordinances Numbered 1056 and 1057, annexing the properties shown in the attached photo. These are the two tracts of land that will be combined and used to build a new apartment complex. All required public hearings, readings and publications have been met. The action necessary tonight is to adopt each Ordinance. Item No. 11: Adoption of Ordinance No. 1056, annexing the first tract. Item No. 12: Adoption of Ordinance No. 1057, annexing the second tract. It is staff’s recommendation that both annexation Ordinances be adopted. City of Canyon  ANNEXATION CALENDAR January 23, 2017 Initiate annexation and adopt annexation calendar. February 19, 2017 Post Notice of First Public Hearing on City of Canyon internet website; Notice of Public Hearings to be published in the Canyon News; Notify CISD, Randall County, Texas Department of Transportation and any railroad company having right of way affected by the proposed annexation. February 26, 2017 Publish Notice of First and Second Public Hearings in the Canyon News March 3, 2017 Post Notice of First Public Hearing pursuant to Open Meetings Act. March 5, 2017 Publish Notice of Second Public Hearing in the Canyon News March 6, 2017 Hold First Public Hearing March 17, 2017 Post Notice of Second Public Hearing pursuant to Open Meetings Act. March 20, 2017 Hold Second Public Hearing April 3, 2017 Consider and act upon annexation ordinance. ADOPTED ON JANUARY 23, 2017. QUINN ALEXANDER, Mayor ATTEST: GRETCHEN MERCER, City Clerk 1  ORDINANCE NO. 1056 ANNEXING TERRITORY TO THE CITY OF CANYON Matthew Scott Gonzales and Terilynn Coleman-Gonzales AN ORDINANCE OF THE CITY OF CANYON, TEXAS, ANNEXING THE TERRITORY HEREIN DESCRIBED TO THE CITY OF CANYON IN RANDALL COUNTY, TEXAS, EXTENDING THE BOUNDARY LIMITS OF THE CITY OF CANYON TO INCLUDE THE PROPERTY HEREIN DESCRIBED WITHIN THE SAID CITY LIMITS, AND GRANTING TO ALL THE INHABITANTS OF SAID PROPERTY ALL THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID INHABITANTS BY ALL OF THE ACTS, ORDINANCES, RESOLUTIONS, AND REGULATIONS OF SAID CITY. WHEREAS, the TEXAS LOCAL GOVERNMENT CODE and the municipal charter of the City of Canyon authorizes the annexation of the territory described in this Ordinance subject to the laws of the State of Texas; and, WHEREAS, the procedures prescribed by the TEXAS LOCAL GOVERNMENT CODE and the municipal charter of the City of Canyon and the other laws of the State of Texas have been duly complied with and followed with respect to the annexation of the following described territory, to wit: METES AND BOUNDS DESCRIPTION 4.40+ ACRES TRACT #1: A 4.40 acre tract of land out of Section 32, Block B5, H.&G.N. Railroad Company Survey, Randall County, Texas, also being that same tract of land as described in Warranty Deed with Vendorʹs Lien in Volume 1766, Page 243, Deed Records of Randall County, Texas, and being further described by metes and bounds as follows: BEGINNING at a railroad spike found for the Southeast corner of Section 32; THENCE North 89 degrees 23 minutes 27 seconds West, along the South line of Section 32, at a distance of 30 feet pass a 1/2 inch iron rod with cap stamped ʺRPLS 2507ʺ found for reference in the West physical line of Valley View Road, continue for a total distance of 406.30 feet to a 1/2 inch iron rod found; THENCE North 00 degrees 25 minutes 27 seconds East, a distance of 471.76 feet to a fence post at corner; THENCE South 89 degrees 23 minutes 22 seconds East, at a distance of 380.30 feet pass a 1/2 inch iron pipe found in the West physical line of Valley View Road, continue for a total distance of 406.30 feet to a point in the East line of Section 32; THENCE South 00 degrees 25 minutes 27 seconds West, along the East line of Section 32, a distance of 471.75 feet to the PLACE OF BEGINNING. 1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS; SECTION 1.: That the property hereinabove described is hereby annexed to the City of Canyon, a home rule municipal corporation in Randall County, Texas, and that the boundary limits of the City of Canyon be and the same are hereby extended to include the above-described territory within the city limits of the City of Canyon and the same shall hereafter be included within the territorial limits of said City and the inhabitants thereof shall hereafter be entitled to all the rights and privileges of other citizens the City of Canyon and shall be bound by the acts, ordinances, resolutions and regulations of the City of Canyon. The City Clerk of the City of Canyon is hereby directed to file with the County Clerk of Randall County, Texas, a certified copy of this Ordinance to evidence the annexation of the territory herein described and the extension of the city limits of the City to include all such property. ADOPTED by the City Commission of the City of Canyon on April ____, 2017. _______________________________________ QUINN ALEXANDER, Mayor ATTEST: _____________________________________ GRETCHEN MERCER, City Clerk (ACKNOWLEDGMENT) THE STATE OF TEXAS § COUNTY OF RANDALL § This instrument was acknowledged before me on the day of April, 2017, by QUINN ALEXANDER, Mayor of the City of Canyon, Texas. _____________________________________________ Notary Public, State of Texas Commission Expires: AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF: HESTER, MCGLASSON & COX HESTER, McGLASSON & COX 1507 Fourth Avenue 1507 Fourth Avenue Canyon, Texas 79015 Canyon, Texas 79015 2  ORDINANCE NO. 1057 ANNEXING TERRITORY TO THE CITY OF CANYON ENCHANTED STAR HOMES, LLC, a New Mexico Limited Liability Company AN ORDINANCE OF THE CITY OF CANYON, TEXAS, ANNEXING THE TERRITORY HEREIN DESCRIBED TO THE CITY OF CANYON IN RANDALL COUNTY, TEXAS, EXTENDING THE BOUNDARY LIMITS OF THE CITY OF CANYON TO INCLUDE THE PROPERTY HEREIN DESCRIBED WITHIN THE SAID CITY LIMITS, AND GRANTING TO ALL THE INHABITANTS OF SAID PROPERTY ALL THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID INHABITANTS BY ALL OF THE ACTS, ORDINANCES, RESOLUTIONS, AND REGULATIONS OF SAID CITY. WHEREAS, the TEXAS LOCAL GOVERNMENT CODE and the municipal charter of the City of Canyon authorizes the annexation of the territory described in this Ordinance subject to the laws of the State of Texas; and, WHEREAS, the procedures prescribed by the TEXAS LOCAL GOVERNMENT CODE and the municipal charter of the City of Canyon and the other laws of the State of Texas have been duly complied with and followed with respect to the annexation of the following described territory, to wit: METES AND BOUNDS DESCRIPTION 5.10+ ACRES TRACT #1: A 5.10 acre tract of land out of Section 33, Block B5, H.&G.N. Railroad Company Survey, Randall County, Texas, also being that same tract of land as described in Warranty Deed of record under Clerkʹs File No. 2016006518, Official Public Records of Randall County, Texas, and being further described by metes and bounds as follows: BEGINNING at a railroad spike found for the Northeast corner of Section 33, Block B5; THENCE South 00 degrees 25 minutes 27 seconds West, along the East line of Section 33, a distance of 492.02 feet to a point; THENCE North 89 degrees 23 minutes 27 seconds West, at a distance of 30.00 feet pass a 3/8 inch iron rod with cap stamped ʺHBDʺ set for reference, continue for a total distance of 452.22 feet to a pk nail in concrete of post found; THENCE North 00 degrees 38 minutes 36 seconds East, a distance of 492.02 feet to a point; THENCE South 89 degrees 23 minutes 27 seconds East, at a distance of 420.34 feet pass a 1/2 inch iron rod with cap stamped ʺRPLS 2507ʺ found in the West physical line of Valley View Road, continue for a total distance of 450.34 feet to the PLACE OF BEGINNING. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS; 1 SECTION 1.: That the property hereinabove described is hereby annexed to the City of Canyon, a home rule municipal corporation in Randall County, Texas, and that the boundary limits of the City of Canyon be and the same are hereby extended to include the above-described territory within the city limits of the City of Canyon and the same shall hereafter be included within the territorial limits of said City and the inhabitants thereof shall hereafter be entitled to all the rights and privileges of other citizens the City of Canyon and shall be bound by the acts, ordinances, resolutions and regulations of the City of Canyon. The City Clerk of the City of Canyon is hereby directed to file with the County Clerk of Randall County, Texas, a certified copy of this Ordinance to evidence the annexation of the territory herein described and the extension of the city limits of the City to include all such property. ADOPTED by the City Commission of the City of Canyon on April ____, 2017. _______________________________________ QUINN ALEXANDER, Mayor ATTEST: _____________________________________ GRETCHEN MERCER, City Clerk (ACKNOWLEDGMENT) THE STATE OF TEXAS § COUNTY OF RANDALL § This instrument was acknowledged before me on the day of April, 2017, by QUINN ALEXANDER, Mayor of the City of Canyon, Texas. _____________________________________________ Notary Public, State of Texas Commission Expires: AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF: HESTER, MCGLASSON & COX HESTER, McGLASSON & COX 1507 Fourth Avenue 1507 Fourth Avenue Canyon, Texas 79015 Canyon, Texas 79015 2