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 16th day of October 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 October 2, 2017. 5. Public Comment – Comments from Interested Citizens. 6. Information Report from TML Conference Attendees –NO ACTION TO BE TAKEN. 7. Consider and Take Appropriate Action on Resolution No. 16-2017-Amended, An Amended Resolution Approving the Submission and Acceptance of A Grant Requesting Funding from the Office of the Governor for Rifle-Resistant Body Armor for the Canyon Police Department. 8. Consider and Take Appropriate Action on Report from Staff on Status and Continued Expectations for City- Operated Wood Waste Disposal Site. 9. Consider and Take Appropriate Action on Quarterly Finance Report by Finance Director Chris Sharp. 10. Consider and Take Appropriate Action on Quarterly Investment Report by Finance Director Chris Sharp. 11. Consider and Take Appropriate Action on Resolution No. 22-2017 Regarding a Finance Agreement for the Purpose of Procuring Mowers, Utility Vehicles, and Golf Course Related Equipment. 12. Consider and Take Appropriate Action on Ordinance No. 1072 Amending Title IX, Section 91.24 of the Code of Ordinance, Impoundment of Wild or Other Animals. 13. Consider and Take Appropriate Action on Resolution No. 23-2017, Adopting an Annexation Calendar for Additional Property in the Canyon East Subdivision. 14. Executive Session Pursuant to §551.072 Deliberation Regarding Real Property. 15. Consider and Take Appropriate Action on Items Discussed in Executive Session. 16. Adjourn. 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 13th day of October 2017. Gretchen Mercer, City Clerk City of Canyon City Commission Meeting October 2, 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 Gary Hinders presided over the meeting with the following Commissioners in attendance, Mayor Pro-Tem Justin Richardson, Cordell Jones, Paul R. Lyons and Roger Remlinger. Also present were the following City Staff: City Manager Randy Criswell, City Secretary Gretchen Mercer, Director of Parks and Recreation Brian Noel, Assistant City Manager for Special Projects Jon Behrens, Director of Code Enforcement Danny Cornelius, Municipal Court Judge Bob Splawn, Munger and City Attorney Chuck Hester. Item 1. Call to Order. Mayor Hinders called the meeting to order at 5:32 p.m. Item 2. Invocation. Commissioner Jones gave the invocation. Item 3. Pledge of Allegiance. The Pledge of Allegiance was led by Commissioner Remlinger. Item 4. Approval of Minutes of the Meeting of September 11, 2017. Mayor Pro-Tem Richardson moved, duly seconded by Commissioner Remlinger, to approve the minutes of September 11, 2017 as presented. Motion carried unanimously. Item 5. Public Comment – Comments From Interested Citizens. No comments were made. Item 6. Update from Municipal Court Judge and City Attorney on Recent Legislative Action. Judge Bob Splawn, City Attorney Chuck Hester and Municipal Court Clerk Sheila Roach gave a brief presentation on laws changing that would affect City of Canyon Municipal Court in the near future due to the 85th Legislative session. Item 7. Consider and Take Appropriate Action on Ordinance No. 1071, Regulating Small Wireless Facility Siting and Design. Assistant City Manager for Special Projects Jon Behrens presented Ordinance No. 1071 for consideration. Mr. Behrens stated Senate Bill 1004 was signed into law with an effective date of September 1, 2017. Mr. Behrens stated the new law imposed limitations on cities regulation of “small cell antennas” allowing wireless communication companies to place node support poles and network nodes in the public right-of-way within the City of Canyon. Mr. Behrens stated Texas Municipal League provided Texas cities with sample documents that could be adopted by cities providing as much local control as allowed under Senate Bill 1004. Mr. Behrens said the adoption City Commission Meeting October 2, 2017 Page 2 of 3 of Ordinance No. 1071 and the design manual would provide vendors guidance necessary to meet allowed specifications of the City of Canyon. After discussion, Mayor Pro-Tem Richardson moved, duly seconded by Commissioner Jones to approve Ordinance No. 1071 as presented. Motion carried unanimously. ORDINANCE NO. 1071 SMALL WIRELESS FACILITY SITING ORDINANCE AN ORDINANCE OF THE CITY OF CANYON AMENDING CHAPTER 157; CONSTRUCTION AND MAINTENANCE IN THE PUBLIC RIGHTS-OF-WAY, OF THE CITY OF CANYON CODE OF ORDINANCES BY ADDING SECTION 157.13, ESTABLISHING STANDARDS FOR NETWORK NODES AND NODE SUPPORT POLES IN THE PUBLIC RIGHT-OF-WAY IN THE CITY OF CANYON, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR PENALTY; PROVIDING FOR PUBLISHING AND AN EFFECTIVE DATE. Item 8. Consider and Take Appropriate Action on Resolution No. 21-2017 Regarding Nominations for Potter-Randall Appraisal District Directors. City Manager Randy Criswell presented Resolution No. 21-2017 for consideration. Mr. Criswell stated the City of Canyon is given the opportunity to nominate and vote on members of the Potter Randall Appraisal District Board of Directors as a taxing entity in Randall County. Mr. Criswell stated the City Commission would be presented a slate of nominees sometime in December to vote on. After discussion, Mayor Pro-Tem Richardson moved, duly seconded by Commissioner Jones to adopt Resolution No. 21-2017 nominating Kerry Adair to serve on the Potter Randall Appraisal District Board of Directors. Motion carried unanimously. RESOLUTION NO. 21-2017 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS IN ORDER TO MAKE NOMINATIONS TO THE BOARD OF DIRECTORS OF RANDALL COUNTY APPRAISAL DISTRICT. Item 9. Executive Session Pursuant to §551.071 Consultation with Attorney, §551.072, Deliberation Regarding Real Property, and §551.087, Economic Development Negotiations. Mayor Hinders indicated the Commission would adjourn into Executive Session at 6:28 pm. Item 10. Consider and Take Appropriate Action on Items Discussed in Executive Session. Upon returning from Executive Session at 7:11 pm, no action was taken. Item 11. Adjournment. There being no further business, Mayor Pro-Tem Richardson moved this meeting be adjourned. City Commission Meeting October 2, 2017 Page 3 of 3 ______________________________ Gary Hinders, Mayor ATTEST: ________________________________ Gretchen Mercer, City Secretary REGARDING ITEM 6 AGENDA To: Mayor and City Commission From: Randy Criswell, City Manager Date: October 16, 2017 Re: Information Report from TML Conference Attendees – NO ACTION TO BE TAKEN. The Mayor felt it might be beneficial for some information to be passed along as desired, based on the information received by those who attended the TML Conference a couple of weeks ago. THIS IS FOR INFORMATION ONLY AND IS NOT AN ACTION ITEM. I WOULD RECOMMEND THERE BE NO DISCUSSION, ONLY AN EXCHANGE OF INFORMATION. City of Canyon REGARDING ITEM 7 AGENDA To: Mayor and City Commission From: Randy Criswell, City Manager Date: October 16, 2017 Re: Consider and Take Appropriate Action On Resolution No. 16-2017 - Amended, An Amended Resolution Approving the Submission and Acceptance of A Grant Requesting Funding from the Office of the Governor for Rifle-Resistant Body Armor For the Canyon Police Department. In July, you adopted Resolution No. 16-2017, Authorizing the Submission of a Grant Application for Body Armor for CPD. The Resolution was adopted naming the City Manager as the duly authorized representative for all actions pertaining to this grant. The Office of the Governor has informed us that the Resolution must designate the Chief of Police as the duly authorized representative instead of the City Manager. We questioned this, since it is not standard procedure to name anyone except the City Manager or the Mayor as the duly authorized representative. However, after speaking with the Governor’s office, they are insisting on the “Chief of Police” being named. Chuck has also confirmed this. Resolution No. 16-2017, Amended, has been prepared to make these changes, and is recommended for adoption. City of Canyon  AMENDED RESOLUTION NO. 16-2017 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS, AUTHORIZING THE SUBMISSION AND ACCEPTANCE OF A GRANT APPLICATION TO THE OFFICE OF THE GOVERNOR FOR THE RIFLE-RESISTANT BODY ARMOR PROGRAM FOR THE CANYON POLICE DEPARTMENT; AUTHORIZING THE CITY OF CANYON CHIEF OF POLICE TO REPRESENT THE CITY IN ALL MATTERS PERTAINING TO THIS APPLICATION. WHEREAS, The City of Canyon City Commission finds it in the best interest of the citizens of Canyon, that the Rifle-Resistant Body Armor Program be operated for the 2018; and WHEREAS, City of Canyon City Commission agrees that in the event of loss or misuse of the Office of the Governor funds, City of Canyon assures that the funds will be returned to the Office of the Governor in full. WHEREAS, City of Canyon City Commission designates the City of Canyon Chief of Police as the grantee’s authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS: SECTION 1. (A) That the City Commission has duly approved and authorized its submission and acceptance to the Office of the Governor, for the purpose of the Rifle-Resistant Body Armor Program for the City of Canyon Police Department. (B) That the City Commission designates the City of Canyon Chief of Police to act as it’s duly authorized representative in all matters pertaining to this application. (C) That any grant funds received will be used for the purposes described in the City’s Office of the Governor Rifle-Resistant body Armor Program application. (D) That this resolution is effective from and after the date of adoption. SECTION 2. That should any part of this resolution conflict with any other resolution, then such of the conflicting resolution is repealed to the extent of the conflict with this resolution. SECTION 3. That should any word, phrase, or part of the resolution be found to be invalid or unconstitutional, such finding shall not affect any other word, phrase or part hereof and such shall be and continue in effect. OOG Resolution Page 1 of 2  PASSED AND APPROVED this 16th day of October 2017. GARY HINDERS, MAYOR ATTEST: ____ GRETCHEN MERCER, CITY CLERK Grant Number: 3444201 OOG Resolution Page 2 of 2 REGARDING ITEM 8 AGENDA To: Mayor and City Commission From: Randy Criswell, City Manager Date: October 16, 2017 Re: Consider and Take Appropriate Action on Report from Staff On Status and Continued Expectations for City-Operated Wood Waste Disposal Site. As you probably know, the City of Amarillo has recently closed down all of its free brush collection sites except one at their landfill. We were very concerned about this, as we expected that with our site being the only one remaining, we’d receive a mass of wood waste that would normally be collected and disposed of by the City of Amarillo. After some internal discussion, we decided to monitor our site to see what the effect would be with Amarillo closing theirs; it was dramatic. In a two-day period of time, we received an amount of wood waste that we would normally see in about three weeks. Our concerns were valid. As of last week, as a result of this excessive debris, we closed our site for maintenance. The issue at hand tonight is whether or not we want to maintain the only free wood waste site in Randall County. If we do, we’re going to subject the citizens of Canyon to a huge cost to dispose of wood waste from all over the County, including the City of Amarillo. Currently, we spend around $135,000 annually to pay a third party to chip the wood. If our volume has increased by 10-fold (2 days VS 3 weeks), theoretically, we could be looking at somewhere around $1.3 million/year for chipping instead of $135,000. We can’t afford this and certainly can’t sustain it. I don’t even see any reason to talk about what we’d have to increase solid waste rates to absorb this, because that doesn’t even need to be a consideration. Canyon does not owe citizens of Randall County or Amarillo free wood disposal at the expense of our citizens. I see the following as options: 1. Close our site permanently 2. Keep the site open, and monitor our site with a paid employee to ensure that no one except Canyon residents have access to it, 3. Allow residents to dump for free, and charge OCL (outside city limit) customers a significant cost, making the function an enterprise function, or 4. Any other good solutions that you can come up with. Regardless of what happens, we expect to see an increase in the wood waste placed in alleys. I believe we’ll be able to deal with that with the added crew that we’ll put on soon. I also believe we need to create an ordinance that prohibits paid tree trimmers from disposing of wood waste in City right of ways or in the City Wood Waste site (if we keep it open). Staff needs some direction from you. I personally think we should close it permanently, and continue our arrangement with Republic that Canyon residents get 12 free loads per year at the landfill. City of Canyon REGARDING ITEM 9 AGENDA TO: Randy Criswell, City Manager FROM: Chris Sharp, Assistant City Manager DATE: October 12, 2017 SUBJECT: Consider and Take Appropriate Action on Quarterly Finance Report by Finance Director Chris Sharp. A summary of all deposits for the City of Canyon as of September 30, 2017 are submitted. All funds are deposited with the City’s depository bank, Happy State Bank. Also included, is a summary of the City’s major funds and where they stand as of the same date. Total deposits needing security pledge, including checking accounts are $_3,180,738. Total securities pledged by Happy State Bank including the FDIC insurance is $_6,970,350. This report is to comply with legislation requiring periodic reports to be made to the governing body for approval. RECOMMENDED ACTION Approval of the Quarterly Finance Report for the Quarter Ending September 30, 2017. City of Canyon  City of Canyon QUARTERLY FINANCE REPORT Quarter ending: 06/30/2017 09/30/2017 Interest Rate EMERGENCY MANAGEMENT 0.50 $ 47,166.91 $ 35,400.17 LIBRARY GIFT & MEMORIAL 0.50 $ 6,290.55 $ 5,401.60 GENERAL FUND DEMAND ACCT 0.50 $ 197,564.09 $ 490,081.68 WW/SS FUND DEMAND ACCT. 0.50 $ 1,784,159.89 $ 1,321,900.43 BCD 0.50 $ 128,728.63 $ 130,949.90 LEOSE 0.50 $ 9,925.67 $ 8,141.12 C.E.D.C (ECONOMIC DEVELOPMENT 0.50 $ 281,507.90 $ 338,658.04 C.E.D.C. MARKETING ACCOUNT 0.50 $ 115,487.33 $ 112,880.14 EMPLOYEES FLOWER FUND 0.50 $ 1,677.52 $ 2,536.30 D-FI-IT PROGRAM 0.50 $ 2,202.69 $ 702.76 Palo Duro Golf Administration 0.50 $ 347,751.06 $ 333,923.71 Capital Equipment Account 0.50 $ 399,541.48 $ 400,162.44 CHECKING / SAVINGS ACCOUNTS BALANCES $ 3,322,003.72 $ 3,180,738.29 TOTAL FUNDS FOR SECURITY PLEDGES $ 3,322,003.72 $ 3,180,738.29 WW/SS Utility Insured Cash Sweep Account (CDARS) Interest 0.91 $ 3,538,736.63 $ 3,548,093.73 TOTAL AMOUNT OF FUNDS IN BANK $ 6,860,740.35 $ 6,728,832.02 SECURITIES PLEDGED HAPPY STATE BANK RECEIPT DATE DESC. AMOUNT MARKET NUMBER MATURED VALUE 3137ASNJ9 03/25/2022 FHMS $1,609,823.88 $1,615,149.76 169412QN6 08/15/2027 China Spring ISD $1,058,152.38 $1,026,312.40 552410ER9 08/15/1930 Lytle TX ISD $569,776.20 $592,035.15 667825YM9 02/15/1932 Northwest TX ISD $1,059,009.05 $1,112,358.80 8821172L7 07/01/1931 TX A&M UNV Fund $1,222,959.19 $1,265,790.00 31394FB87 05/25/1933 FNR $1,432,458.53 $1,108,704.34 FDIC INSURANCE $100,000.00 $250,000.00 Total Security Pledges $7,052,179.23 $6,970,350.45 Total Outstanding debt from 2012 issued CO's and 2013 refunded CO's $ 17,001,988 Total Outstanding debt from 2016 General Obligation Bonds $ 7,637,212  Summary of Month Ending Sept 2017 Summary of Revenues General Fund Budgeted Percentage to Summary of Revenues General Fund Sales Tax Sales Tax 793067 Major Revenues 09/30/2017 Amount Budget 100% 1063834 Franchise Taxes Franchise Taxes Mixed Beverage Tax General Fund 348920 Mixed Beverage Tax 2227101 Municipal Court Fines Sales Tax $ 2,096,857.00 $ 2,100,000.00 99.85% 2288535 5657 Municipal Court Fines Other Income Franchise Taxes $ 669,151.00 $ 740,000.00 90.43% 322947 Other Income 168631 Fire Service Randall County Mixed Beverage Tax $ 14,416.00 $ 11,000.00 131.05% 4143 Fire Service Randall County Randall County, Library Funding Municipal Court Fines $ 267,102.00 $ 275,000.00 97.13% 588979 2585 RandallCommercial County, Solid Library Funding Waste Other Income $ 32,092.00 $ 30,000.00 106.97% 620765 139495 12633627519 Commercial SolidSolid Residential Waste Waste Fire Service Randall County $ 237,363.00 $ 237,363.00 100.00% 25000 Residential Solid Taxes Waste 118681 Ad Valorem Randall County, Library Funding $ 50,000.00 $ 50,000.00 100.00% Ad Valorem Taxes Commercial Solid Waste $ 379,488.00 $ 367,000.00 103.40% 25000 182251 Residential Solid Waste $ 1,242,697.00 $ 1,202,650.00 103.33% 190152 Ad Valorem Taxes $ 2,342,645.00 $ 2,463,000.00 95.11% Total General Fund Revenues $ 9,052,202.00 $ 9,738,794.00 92.95% Total General Fund Expenses $ 8,505,437.00 $ 9,738,794.00 87.34% 8445 Utility Fund Summary 35641 of Revenues Utility Fund Water Receipts $ 4,700,818.00 $ 4,258,800.00 110.38% 6000 20100 Water Receipts Waste Water Receipts $ 2,550,235.00 $ 2,450,000.00 104.09% Summary of Revenues Utility Fund Waste Water Receipts Lease Income $ 49,758.00 $ 39,500.00 125.97% Lease Income Penalties $ 100,326.00 $ 70,000.00 143.32% 968904 Penalties 12505 T-on & Reconnection Revenue $ 27,242.00 $ 20,000.00 136.21% 1799869 T‐on & Reconnection Revenue Water Receipts Water Taps $ 46,780.00 $ 30,000.00 155.93% 45889 16500 Water Taps 6000 Total Utility Fund Revenues $ 8,264,554.00 $ 6,921,800.00 119.40% Waste Water Receipts Total Utility Fund Expenses $ 7,520,543.00 $ 6,921,800.00 108.65% Lease Income Historical Summary of Sales Tax 2017 2016 2015 2014 1176648 JAN $ 262,010.00 $ 208,797.37 $ 214,709.00 $ 184,408.15 Penalties FEB $ 270,864.00 $ 261,746.98 $ 217,411.00 $ 242,684.94 MAR $ 182,909.00 $ 247,382.39 $ 177,351.00 $ 182,850.07 T‐on & Reconnection Revenue 2128852 APR $ 201,855.00 $ 182,646.86 $ 226,391.00 $ 169,113.63 MAY $ 312,853.00 $ 253,438.00 $ 249,330.00 $ 215,922.87 Water Taps JUN $ 190,405.00 $ 188,739.00 $ 193,998.00 $ 173,509.91 JUL $ 207,521.00 $ 205,395.00 $ 187,474.00 $ 164,186.45 AUG $ 245,043.00 $ 235,105.00 $ 247,697.00 $ 204,038.44 SEP $ 219,684.00 $ 204,903.99 $ 202,362.00 $ 185,479.28 OCT $ 227,753.00 $ 239,346.00 $ 223,456.00 NOV $ 258,016.00 $ 256,488.00 $ 216,081.00 DEC $ 216,890.00 $ 266,745.00 $ 185,766.00 $ 2,093,144.00 $ 2,690,813.59 $2,679,302.00 $ 2,347,496.74 Palo Duro Creek Golf Course Budgeted Amount Percentage to Budget Revenues to Date $1,032,248.00 $1,212,247.00 85.15% Exenditures to Date $1,309,135.00 $1,212,247.00 107.99%  CITY OF CANYON SALES TAX COLLECTION HISTORY FISCAL YEAR 2016-2017 % INCREASE/ % INCREASE/ 2016-2017 TOTAL 2014-2015 2015-2016 DECREASE 15-16 2016-2017 DECREASE 15-16 YEAR-TO-DATE YEAR-TO-DATE MONTH COLLECTIONS COLLECTIONS OVER 14-15 COLLECTIONS OVER 15-16 COLLECTIONS TAXABLE SALES ** OCTOBER $223,456 $239,346 7.11% $227,753 -4.84% $227,753 $15,183,533 NOVEMBER $216,081 $256,488 18.70% $258,016 0.60% $485,769 $32,384,600 DECEMBER $185,766 $266,745 43.59% $216,890 -18.69% $702,659 $46,843,933 JANUARY $214,709 $208,797 -2.75% $262,010 25.49% $964,669 $64,311,267 FEBRUARY $217,411 $261,746 20.39% $270,864 3.48% $1,235,533 $82,368,867 MARCH $177,351 $247,382 39.49% $182,909 -26.06% $1,418,442 $94,562,800 APRIL $226,391 $182,646 -19.32% $201,855 10.52% $1,620,297 $108,019,800 MAY $249,330 $253,438 1.65% $312,853 23.44% $1,933,150 $128,876,667 JUNE $193,998 $188,739 -2.71% $190,405 0.88% $2,123,555 $141,570,333 JULY $187,474 $205,105 9.40% $207,521 1.18% $2,331,076 $155,405,067 AUGUST $247,697 $235,105 -5.08% $245,043 4.23% $2,576,119 $171,741,267 SEPTEMBER $202,362 $204,903 1.26% $219,684 7.21% $2,795,803 $186,386,867 TOTALS $2,542,026 $2,750,440 $2,795,803 REGARDING ITEM 10 AGENDA TO: Randy Criswell, City Manager FROM: Chris Sharp, Assistant City Manager DATE: October 12, 2017 SUBJECT: Consider and Take Appropriate Action on Quarterly Investment Report by Finance Director Chris Sharp. A summary of all investments for the City of Canyon as of September 30, 2017 are submitted as an attachment to this agenda item. All funds are invested with the City’s depository bank, Happy State Bank. Total amount of investments for the City is $2,427,466. These funds have been invested in the CDARS program and in CDs through Happy State Bank. The Canyon EDC also has investments in the CDARS program in the amount of $175,426. The City’s 2012 certificates of obligation funds have been invested into a CDARS investment account and has a balance of $3,974,355. Total funds on hand, which includes funds in depository accounts as well as funds in investments total $9,156,298. This report is to comply with legislation requiring periodic reports to be made to the governing body for approval. RECOMMENDED ACTION Approval of the Quarterly Investment Report for the Quarter Ending September 30, 2017. City of Canyon  QUARTERLY INVESTMENT REPORT Quarter ending: 06/30/2017 09/30/2017 Interest Rate Interest earned CERTIFICATE OF DEPOSITS: for quarter CD# Interest Rate 6611 CEDC CD 0.608 $ 57,759.81 $ 57,804.76 $ 44.95 6646 CEDC CD 0.608 $ 58,871.88 $ 58,917.69 $ 45.81 14897 CEDC CD 0.608 $ 58,667.32 $ 58,704.28 $ 36.96 CDARS CERTIFICATES OF DEPOSIT $ 175,299.01 $ 175,426.73 14674 GENERAL FUND CD 1.10% $ 250,502.50 $ 250,691.97 $ 189.47 15076 GENERAL FUND CD 1.10% $ 149,577.53 $ 149,723.88 $ 146.35 14895 GENERAL FUND CD 1.10% $ 508,314.09 $ 508,573.16 $ 259.07 14758 GENERAL FUND CD 1.10% $ 149,482.63 $ 149,592.01 $ 109.38 14970 GENERAL FUND CD 1.10% $ 151,393.99 $ 151,547.81 $ 153.82 9952 GENERAL FUND CD 1.10% $ 615,973.11 $ 617,601.79 $ 1,628.68 14675 WW/SS FUND CD 1.10% $ 599,282.14 $ 599,735.41 $ 453.27 TOTAL AMOUNT IN CDARS $2,424,525.99 $ 2,427,466.03 TOTAL AMOUNT OF FUNDS IN BANK $6,955,868.75 $ 6,728,832.02 TOTAL FUNDS ON HAND $9,380,394.74 $ 9,156,298.05 2012 Certificates of Obligations (Invested in CDARS account) 1.11% $ 3,960,907.19 $ 3,974,355.36 $ 13,448.17 REGARDING ITEM 11 AGENDA To: Randy Criswell, City Manager From: Chris Sharp, Assistant City Manager Date: October 9, 2017 Re: Consider and Take Appropriate Action on Resolution No. 22-2017 Regarding a Financing Agreement for the Purpose of Procuring Mowers, Utility Vehicles, and Golf Course Related Equipment. The equipment used at the golf course to maintain the greens, fairways, and roughs have been used by golf course staff for a lot longer than their intended life span. A lot of the equipment has to be worked on continually because they are getting so old, they simply breakdown with everyday use. Much of the equipment was purchased from the prior owner back in 2007. They were old and well used back then. The financial agreement is between Government Capital Corporation and the City. Terms are for 5 years at an interest rate of 3.211%. Total amount to finance is $499,152. A list of items to be purchased is attached to this agenda. First payment will be made after October 1, 2018. Staff Recommendation: It is staff’s recommendation that the City Commission adopt Resolution No. 22-2017 approving the agreement between Government Capital Corporation and the City of Canyon City of Canyon September 22, 2017 Mr. Chris Sharp Canyon City Hall (806) 655-5003 csharp@canyontx.com Dear Mr. Sharp, Thank you for the opportunity to present proposed financing for the City of Canyon. I am submitting for your review the following proposed structure: ISSUER: City of Canyon, Texas FINANCING STRUCTURE: Public Property Finance Contract issued under Local Government Code Section 271.005 EQUIPMENT COST: $ 499,152.36 TERM: 5 Annual Payments INTEREST RATE: 3.211% PAYMENT AMOUNT: $ 109,678.11 PAYMENTS BEGINNING: One year from signing, annually thereafter The above proposal is subject to audit analysis, assumes bank qualification and mutually acceptable documentation. The terms outlined herein are subject to change and rates are valid for fourteen (14) days from the date of this proposal. If funding does not occur within this time period, rates will be indexed to markets at such time. Additionally, Government Capital is registered with Texas Ethics Commission to be HB 1295 compliant. Our finance programs are flexible and my goal is customer delight. If you have any questions regarding other payment terms, frequencies or conditions, please do not hesitate to call. With Best Regards, Drew Drew Whitington Client Services Main: 817-421-5400 The transaction described herein is an arm’s length, commercial transaction between you and Government Capital Corporation (“GCC”), in which GCC: (i) is acting solely for its own financial and other interests that may differ from yours; (ii) is not acting as your municipal advisor or financial advisor, and has no fiduciary duty to you with respect to this transaction; and (iii) is not recommending that you take an action with respect to this transaction.  RESOLUTION #22-2017 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS, REGARDING A FINANCING AGREEMENT FOR THE PURPOSE OF PROCURING “MOWERS, UTILITY VEHICLES, AND GOLF COURSE RELATED EQUIPMENT”. WHEREAS, City of Canyon desires to enter into a certain Financing Agreement, by and between Government Capital Corporation and the City of Canyon, for the purpose of financing “Mowers, Utility Vehicles, and Golf Course related equipment.” The City of Canyon desires to designate this Agreement as a "qualified tax exempt obligation" of the City of Canyon for the purposes of Section 265 (b) (3) of the Internal Revenue Code of 1986, as amended. The City of Canyon desires to designate the City Manager, as an authorized signer of the Agreement. NOW THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF CANYON: Section 1. That the City of Canyon enters into a Financing Agreement with Government Capital Corporation for the purpose of procuring “Mowers, Utility Vehicles, and Golf Course related equipment”. Section 2. That the Financing Agreement, by and between the City of Canyon and Government Capital Corporation is designated by the City of Canyon as a "qualified tax exempt obligation" for the purposes of Section 265 (b) (3) of the Internal Revenue Code of 1986, as amended. Section 3. That the City of Canyon designates the City Manager, as an authorized signer of the Financing Agreement, by and between the City of Canyon and Government Capital Corporation. This Resolution has been PASSED and APPROVED by the Commission of the City of Canyon in a meeting held on 16th day of October , 2017. City of Canyon Witness Signature X X Mayor, Gary Hinders City Secretary, Gretchen Mercer Printed Printed Name: Name: Title: Mayor Title: City Secretary REGARDING ITEM 12 AGENDA To: Randy Criswell; City Manager From: Dale Davis, Chief of Police Date: 10/16/2017 Re: Consider and Take Appropriate Action on Ordinance No. 1072 Amending Title IX, Section 91.24 of the Code of Ordinances, Impoundment of Wild or Other Animals. Section 91.24 of the Code of Ordinances Impoundment of wild or other animals currently references Texas. Penal Code, Section 42.11 (Cruelty to Animals). The Texas Penal Code, Chapter 42 was modified by the Texas Legislature. It was discovered that Texas Penal Code Chapter 42, addressing cruelty to animals, was renumbered to 42.092. I am asking that the City Commission approve Ordinance No. 1072 that will bring the ordinance up to date in accordance with state law. Dale Davis Chief of Police City of Canyon  ORDINANCE NO. 1072 AN ORDINANCE OF THE CITY OF CANYON, TEXAS, AMENDING §91.24 OF THE CODE OF ORDINANCES OF THE CITY OF CANYON AMENDING REFERENCE TO TEX. PENAL CODE, SECTION 42.092; AND, PROVIDING FOR SEVERABILITY AND 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 and 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: Title IX, Section 91.24 of the Code of Ordinances is hereby amended by amending Section 91.24 to provide as follows: “91.24 Impoundment of wild or other animals. Any peace officer or the Animal Control Officer may take up and impound at the animal shelter any animal found within the city limits in violation of Tex. Penal Code, Section 42.092 (Cruelty to Animals)or pursuant to Section 91.22. (Ord. 583, passed 10-1-87); amended October 16, 2017.” SECTION 2: Severability. If any provision, section, subsection, sentence, 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 contained herein shall become inoperative or fail by any reasons of the unconstitutionality of any other portion or provision. SECTION 3: This Ordinance shall be effective following its publication as required by law. The general penalty prescribed in Section 10.99 of the Code of Ordinances shall apply to any violation under this Section. INTRODUCED ON October 16, 2017, and PASSED AND ADOPTED ON October 16, 2017. GARY HINDERS, Mayor ATTEST: Gretchen Mercer, City Clerk 1 REGARDING ITEM 13 AGENDA To: Mayor and City Commission From: Randy Criswell, City Manager Date: October 16, 2017 Re: Consider and Take Appropriate Action on Resolution No. 23-2017, Adopting an Annexation Calendar for Additional Property In the Canyon East Subdivision. We have an annexation request for some additional expansion of the Canyon East Subdivision. Chuck is working on developing an Annexation Calendar, and if he has it prepared, we will ask you to adopt it tonight. Resolution No. 23-2017 has been prepared for that purpose, and is recommended for adoption. City of Canyon