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 4:30 p.m. on the 7th day of October 2019, 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 September 23, 2019. 5. Public Comment – Comments from Interested Citizens. 6. Consider and Take Appropriate Action on Proposed CEDC Budget for 2019-2020 with Financial Update. 7. Consider and Take Appropriate Action on Resolution No. 17-2019 Regarding Nominations for Potter-Randall Appraisal District Directors. 8. Consider and Take Appropriate Action on Ordinance No. 1114, an Ordinance Amending the Code of Ordinances of the City of Canyon, Chapter 150, Section 150.55 to Revise Procedures and Regulations Concerning Substandard Structures; Repealing Chapter 50, Section 50.16, Unlawful Accumulations; Repealing Chapter 95, Sections 95.10, 95.11, 95.12, 95.13, 95.14, and 95.15 Relating to Weeds; Amending Section 150.56 Regulating Accumulation of Trash and Excess Vegetation. 9. Executive Session Pursuant to §551.071 Consultation with Attorney, §551.072 Deliberation Regarding Real Property, and §551.087 Economic Development Negotiations and §551.074 Personnel Matters (City Manager Contract). 10. Consider and Take Appropriate Action on Items Discussed in Executive Session. 11. Adjourn. Jon Behrens Jon Behrens, Interim 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 4th day of October 2019. Gretchen Mercer, City Clerk City of Canyon City Commission Meeting September 23, 2019 The City Commission of the City of Canyon met in special session at 5:00 pm 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 Cody Jones, Roger Remlinger, Paul R. Lyons and Randy Ray. Also present were the following City Staff: Interim City Manager Jon Behrens, City Secretary Gretchen Mercer, Director of Public Works Dan Reese, Water Superintendent Eric Whitten, Police Chief Dale Davis, Police Captain Ray Resendez, Municipal Court Clerk Sheila Roach, and City Attorney Chuck Hester. Item 1. Call to Order. Mayor Hinders called the meeting to order at 5:00 p.m. Item 2. Invocation. Commissioner Ray gave the invocation. Item 3. Pledge of Allegiance. The Pledge of Allegiance was led by Commissioner Lyons. Item 4. Approval of Minutes of the City of Canyon Commission Meeting of September 16, 2019. Mayor Pro-Tem Jones moved, duly seconded by Commissioner Remlinger to approve the minutes of September 16, 2019 as presented. Motion carried unanimously. Item 5. Executive Session Pursuant to §551.074 Personnel Matters (City Manager Search), Mayor Hinders indicated the Commission would adjourn into Executive Session at 5:02 pm. Item 6. Consider and Take Appropriate Action on Items Discussed in Executive Session. Upon returning from Executive Session at 6:22 pm, the action was taken. Commissioner Ray moved, duly seconded by Commissioner Remlinger to appoint Joseph Price as the City Manager of Canyon effective October 15, 2019, with an annual salary of $135,000 per year. Motion carried unanimously. Item 8. Adjourn There being no further business, Mayor Pro-Tem Jones moved this meeting be adjourned at 6:25 pm. ______________________________ Gary Hinders, Mayor City Commission Meeting September 9, 2019 Page 2 of 2 ATTEST: ________________________________ Gretchen Mercer, City Secretary REGARDING ITEM 6 AGENDA To: Mayor and City Commission From: Evelyn Ecker, Business and Community Development Director Date: October 7, 2019 Re: Consider and Take Appropriate Action on Proposed CEDC Budget for 2019-2010 with Financial Update. Please find the following documents attached to this memo: • the proposed budget for year 2019-2020, • Balance Sheet as of August 31, 2019, • Type B Sales Tax Revenue history, and the • Commitments and Contingencies as of August 31, 2019. The sales tax revenue history includes year 2013 through 2018 plus eight months for 2019. Also attached is a Commitment Project Pay Out spreadsheet, which was developed by Jim Bryan, treasurer for the CEDC. Jim will be attending the commission meeting and available for any questions. Last year the CEDC disbursed $44,639 for marketing & promotion efforts for Canyon and $176,980 to fulfill project commitments. From October 31, 2018 through August 31, 2019, thirty percent of the sales tax revenue received was paid out to projects. An update of the Sales Tax Revenue Analysis was done in June of this year. The report is generated by using the industry codes provided by NAICS. The report also lists the top sales tax payers. The top 50 in Canyon are responsible for 76% of the sales tax revenue and the top 25 contributed 66% of the revenue. At the CEDC board meeting, Thursday, August 8, 2019, the Proposed Budget for 2019-2020 was approved and the recommendation was made by the board to present the budget to the City Commission for final approval. It is the staff’s recommendation that the CEDC budget for 2019-2020 be approved as presented. City of Canyon CANYON ECONOMIC DEVELOPMENT 2019-2020 Approved 8-8-2019 Approved Budget Approved Budget 2019-2020 2017-2018 2018-2019 PROPOSED Budget REGULAR SALARIES $143,325 $157,498 $161,529 TEMP SALARIES $0 $0 SOCIAL SECURITY $0 $0 RETIREMENT $0 $0 HOSPITALIZATION $0 $0 WORKERS COMPENSATION $0 $0 LONGEVITY $0 $0 SUBTOTAL $143,325 $157,498 $161,529 OFFICE SUPPLIES $2,500 $2,400 $2,600 MAPS & SUBSCRIPTIONS $250 $250 $250 FOOD $1,000 $1,000 $500 OTHER OPERATING SUPPLIES $1,250 $1,250 $1,250 SUBTOTAL $5,000 $4,900 $4,600 LEASE OR RENT $15,600 $14,000 $14,000 UTILITIES $2,809 $3,200 $3,200 TELEPHONE 0 POSTAGE & FREIGHT $100 $250 $250 TRAVEL EXPENSE $5,000 $5,000 $5,000 PRINTING AND BINDING $2,500 $1,500 $1,500 OTHER INSURANCE $3,000 $5,200 DUES,MEMBERSHIP,TUITION $3,500 $2,200 $2,200 OTHER CONTRACTUAL $5,000 $6,000 $6,000 LEGAL SERVICES $5,000 $5,000 $5,000 ACCOUNTING SERVICE, AUDIT $5,400 $3,500 $3,600 MONTHLY ACCT. SERVICE $3,500 $4,000 $3,500 SUBTOTAL $48,409 $47,650 $49,450 FURNITURE & FIXTURES $0 $0 $0 OFFICE EQUIPMENT SUBTOTAL $0 $0 $0 SMALL BUSINESS ASST.PRO. $50,000 $47,286 $43,461 SUBTOTAL $50,000 $47,286 $43,461 Total Budget $246,734 $257,334 $259,040  4B Sales Tax Revenue Month 2013 2014 2015 2016 2017 2018 2019 January $43,832 $46,102 $53,677 $52,199 $65,503 $56,455 $60,641 February $54,956 $60,671 $54,353 $65,436 $67,716 $80,207 $73,800 March $43,620 $45,713 $44,338 $61,846 $45,727 $55,178 $75,620 April $38,800 $42,278 $56,598 $45,662 $50,464 $65,190 $57,421 May $53,089 $53,981 $62,333 $63,360 $78,213 $82,781 $69,016 June $50,231 $43,377 $48,500 $47,185 $47,301 $54,490 $59,755 July $44,715 $41,046 $46,869 $51,349 $51,880 $57,588 $62,108 August $52,468 $51,010 $61,924 $58,776 $61,261 $66,188 $70,447 September $46,396 $46,369 $50,591 $51,226 $54,921 $57,737 October $47,232 $55,864 $59,837 $56,938 $57,871 $58,880 November $56,471 $54,020 $64,122 $64,504 $73,738 $74,441 December $73,049 $46,442 $66,686 $54,223 $55,187 $65,349 Total: $604,860 $586,873 $669,827 $672,704 $709,784 $774,484 $528,807  Canyon Economic Development Corporation 2015 2016 2017 2018 2019 2020 2021 2022 2023 Furman Family Partnership $250,000 $50,000 $50,000 $50,000 $50,000 $50,000 Lone Star Dairy Products $850,000 $85,000 $85,000 $85,000 $85,000 $85,000 $85,000 Land Purchase - US Hwy 60 $15,777 $15,777 $15,777 $15,777 $15,777 $15,777 $15,777 Palace Hotel (O'Neal Enterprises $90,000 $152,500 $77,500 PPHM - All Across Frontiers $75,000 $ 75,000 $ 100,000 Panhandle Taproom $44,200 (A) $23,000 $13,800 $9,200 Ruthette's $21,600 (Q) (Y3) $5,940 Joe Taco LLC Canyon $50,000 $50,000 $50,000 $70,000 Creek House Honey $27,600 Barrell & Pie (Fox&Owl LLC)(Note #1) $10,000 $35,000 Squeezy Street (Note #2) Rocar (US Cleaners) (Q) (Y2) $4,220 $3,811 79 SALT $7,500 $9,000 $6,000 Small Business Asst. FUND Dovie Lou (Note #3) Marketing Funds (10%) CMS Year 2 $22,500 Notes: 1) 50% Equipment, 4 employees, Bal 2019 2) Clawback started 1/2019 3) Clawback 12/2018 one payment A = Annual Disbursement Items in RED have been paid. Items in Blue = Balance on agreement August 31, 2019 Canyon EDC Actual Actual Actual Actual Actual Actual Actual Actual Actual Actual Actual Actual Proj YTD Variance YTD MTD MTD MTD MTD MTD MTD MTD MTD MTD MTD MTD MTD Actual budget % Projected Actual Cash projections Sep-18 Oct-18 Nov-18 Dec-18 Jan-19 Feb-19 Mar-19 Apr-19 May-19 Jun-19 Jul-19 Aug-19 Sep-19 YTD 2019 budget vs. budget YTD Sales tax $762,613 $58,880 $74,441 $65,349 $60,641 $57,421 $69,016 $59,795 $62,304 $70,447 $578,293 $765,000 76% ($186,707) $578,293 interest income $332 $196 $196 $196 $196 other: rent $4,000 $500 $500 $500 $500 $500 $500 $500 $500 $4,000 $4,000 $4,000 Total Revenue $766,945 $59,380 $74,941 $65,349 $61,141 $500 $500 $57,921 $69,516 $60,295 $62,500 $70,447 $0 $582,489 $765,000 76% ($182,511) $582,489 Depreciation accounting ($3,355) ($225) ($225) ($225) ($225) ($225) ($600) ($225) ($225) ($450) ($2,625) ($4,000) 66% $1,375 ($2,625) Audit ($3,500) ($3,600) ($3,600) ($3,500) 103% ($100) ($3,600) advertising ($1,555) ($75) ($85) ($534) ($142) ($836) ($836) ($836) dues, membership ($3,133) ($59) ($102) ($935) ($165) ($1,261) ($2,200) 57% $939 ($1,261) food ($30) ($77) ($25) ($40) ($143) ($1,000) 14% $857 ($143) insurance ($7,913) $0 ($3,000) $3,000 $0 lease or rent ($13,907) ($1,159) ($1,168) ($1,168) ($1,168) ($1,168) ($1,168) ($1,168) ($1,168) ($1,168) ($1,168) ($1,168) ($12,842) ($14,000) 92% $1,158 ($12,842) legal services ($620) ($120) ($60) ($280) ($460) ($5,000) 9% $4,540 ($460) marketing/promotions ($28,240) ($500) ($31,590) ($24,500) ($56,590) ($56,590) ($56,590) misc expense ($500) $0 $0 $0 office supply ($4,407) ($216) ($183) ($413.67) ($359.22) ($1,014) ($175.47) ($300.27) ($396.87) ($204.93) ($3,263) ($2,400) 136% ($863) ($3,263) office equipment $0 $0 $0 $0 contractual CCF $0 $0 $0 $0 other contractual ($7,575) ($319) ($280) ($575) ($114) ($393) ($1,075) ($499) ($460) ($1,225) ($1,049) ($815) ($6,804) ($6,000) 113% ($804) ($6,804) other operating supply ($176) $0 ($1,250) 0% $1,250 $0 maps/subscriptions $0 $0 ($250) 0% $250 $0 postage/freight $0 $0 ($250) 0% $250 $0 printing/binding ($1,800) ($646) ($436) ($646) ($1,727) ($1,500) 115% ($227) ($1,727) Property taxes $0 ($213) ($213) ($213) ($213) repairs & maintenance ($25) ($32) ($11) ($44) ($44) ($44) Salary ($136,553) ($11,548) ($11,548) ($13,174) ($24,572) ($12,286) ($12,286) ($12,286) ($12,566) ($12,566) ($12,566) ($12,566) ($147,965) ($157,498) 94% $9,533 ($147,965) storage ($1,008) $0 $0 $0 travel exp ($2,594) ($80) ($399) ($667) ($44) ($1,190) ($5,000) 24% $3,810 ($1,190) Utilities ($2,810) ($234) ($603) ($265) ($265) ($265) ($265) ($265) ($265) ($265) ($265) ($265) ($3,225) ($3,200) 101% ($25) ($3,225) website develop ($400) ($400) ($3,007) ($5,998) ($4,530) ($6,047) ($19,983) ($19,983) ($19,983) equipment $0 $0 $0 total expense ($220,101) ($13,821) ($14,220) ($16,687) ($27,135) ($14,907) ($20,548) ($51,781) ($21,537) ($45,061) ($15,516) ($21,557) $0 ($262,770) ($210,048) 125% ($52,722) ($262,770) Projects Read building ($95) $0 $0 $0 US Hwy 60 $0 ($15,777) $15,777 x $0 Creek House Honey ($27,600) $0 $0 $0 Canyon's Edge ($10,000) $0 $0 $0 PPHM Pop culture ($15,000) $0 $0 $0 Downtown Dining dist mkt ($42,000) $0 $0 $0 Joe Taco ($50,000) ($50,000) ($50,000) ($50,000) $0 x ($50,000) Lone Star Dairy ($85,000) ($85,000) ($85,000) ($85,000) $0 ($85,000) Barrell & Pie ($95K) ($50,000) ($10,000) ($10,000) ($35,000) $25,000 x ($10,000) Squeezy Street ($7,500) $0 $0 $0 Ruthetters lease subsidy ($8,100) ($2,700) ($2,160) ($4,860) ($8,100) $3,240 ($4,860) Panhandle Taproom ($13,800) ($13,800) ($9,200) ($4,600) x ($13,800) Furman $0 ($50,000) $50,000 x $0 Rocar:US cleaners ($2,307) ($2,307) ($2,307) ($2,307) ($2,307) ($1,407) ($10,635) ($11,745) $1,110 x ($10,635) Dovie Lou ($2,550) $0 $0 $0 79 Salt ($2,500) ($2,500) ($2,500) ($7,500) ($12,500) $5,000 ($7,500) Palace Hotel (O'Neal) $0 ($90,000) $90,000 x $0 Panhandle Plains Museum $0 ($75,000) $75,000 x $0 Canyon Main Street $0 $0 $0 SBAP $0 ($47,286) $47,286 $0 Total SBAP & Projects ($300,152) ($2,307) ($16,500) $0 ($62,307) ($4,807) $0 ($91,967) $0 ($2,500) ($1,407) $0 $0 ($181,795) ($489,608) 37% $307,813 ($181,795) Total exp + projects ($520,253) ($16,128) ($30,720) ($16,687) ($89,442) ($19,714) ($20,548) ($143,748) ($21,537) ($47,561) ($16,922) ($21,557) $0 ($444,564) ($699,656) 64% $255,092 ($444,564) Clawback funds $634 $170 $170 $170 $340 $170 $170 $1,190 $1,190 $1,190 Other Income $20 $20 $20 $20 Investment expenses $0 $0 $0 Other Income $634 $0 $0 $0 $170 $0 $170 $170 $340 $170 $0 $190 $0 $1,210 $0 #DIV/0! $1,210 $1,210 Net Income $247,326 $43,252 $44,221 $48,662 ($28,131) ($19,214) ($19,878) ($85,657) $48,319 $12,904 $45,577 $49,079 $0 $139,134 $65,344 213% $73,790 $139,134 Cash $363,537 $403,973 $557,010 $605,801 $591,415 $577,164 $631,229 $621,290 $669,511 $666,735 $712,010 $762,246 $762,246 $762,246.46 CD $175,427 $176,877 $177,296 $177,296 $172,296 $177,296 $177,606 $177,606 $178,971 $179,223 $179,663 $179,716 $179,716 $179,716.27 ($307,813) Project exp Total Liquidity: Cash after Cash+Net income/loss $538,963 $580,850 $734,306 $783,098 $763,711 $754,460 $808,835 $798,896 $848,482 $845,958 $891,674 $941,963 $941,963 $941,962.73 $634,149 project exp projects/revenues 39.1% 3.9% 22.0% 0.0% 101.9% 961.4% 0.0% 158.8% 0.0% 4.1% 2.3% 0.0% #DIV/0! 31.2% 64% exp & proj vs. revenues 67.8% 27.2% 41.0% 25.5% 146.3% 3942.8% 4109.7% 248.2% 31.0% 78.9% 27.1% 30.6% #DIV/0! 76.3% 91% changes to cash $40,437 $153,037 $48,792 ($14,387) ($14,251) $54,065 ($9,939) $48,221 ($2,523) $45,715 $50,289 $0 comments REGARDING ITEM 7 AGENDA To: Mayor and City Commission From: Jon Behrens, Interim City Manager Date: October 7, 2019 Re: Consider and Take Appropriate Action on Resolution No. 17-2019, Making Nominations to Potter Randall Appraisal District Board of Directors. As a taxing entity in Randall County, you have the opportunity to nominate and vote on members of the Potter Randall Appraisal District Board of Directors. The information is attached to this memo. You may nominate up to 5 candidates. The other taxing entities will also make nominations, and the final votes will be cast in December. Resolution No. 17-2019 has been prepared for this nomination process. If you want to make any nominations, we can fill in the names and adopt the Resolution. City of Canyon  RESOLUTION NO. 17-2019 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. WHEREAS, Section 6.03(c) of the Texas Property Tax Code requires the election of the board of directors of an appraisal district by vote of the governing bodies of the taxing entities entitled by the Code to vote; and WHEREAS, the City of Canyon is entitled to submit nominees by resolution to the Chief Appraiser for members to serve two-year terms beginning on January 1, 2020; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CANYON: SECTION 1. That the nominee(s) for the ballot for the Randall County Appraisal District Board of Directors are: 1) INTRODUCED AND PASSED by the City Commission of The City of Canyon, this 7th day of October, 2019. ________________________________ Gary Hinders, Mayor ATTEST: _______________________________ Gretchen Mercer, City Clerk REGARDING ITEM 8 AGENDA To: Jon Behrens, Interim City Manager From: Danny Cornelius, Director of Planning and Development Date: September 9, 2019 Re: Consider and Take Appropriate Action on Ordinance No. 1114, an Ordinance Amending the Code of Ordinances of the City of Canyon, Chapter 150, Section 150.55 to Revise Procedures and Regulations Concerning Substandard Structures; Repealing Chapter 50, Section 50.16, Unlawful Accumulations; Repealing Chapter 95, Sections 95.10, 95.11, 95.12, 95.13, 95.14, and 95.15 Relating to Weeds; Amending Section 150.56 Regulating Accumulation of Trash and Excess Vegetation. This ordinance would combine all our weed, accumulation and substandard structure violation and abatement procedures under one chapter. Currently, our accumulations are regulated under Chapter 50, weeds regulated in Chapter 95, and Substandard structures Chapter 150. In addition, the ordinance would add the following provisions: 1. Our authority to enforce these ordinances would extend to an area 5000’ from our city limits. 2. 60-day provisional permit procedure for owner abatement of substandard structures and accumulations. 3. Owners 30-day right to appeal a City Commission order to abate substandard structures. 4. Weed violation at 8” (current violation height is 12”). 5. Accumulations may be abated by the Building Official with an administrative search warrant. Staff recommends that Ordinance No. 1114 be adopted. City of Canyon  ORDINANCE NO. 1114 Abatement of Substandard Structures; Accumulation of Trash and Excess Vegetation AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS: AMENDING THE CODE OF ORDINANCES OF THE CITY OF CANYON, CHAPTER 150, SECTION 150.55 TO REVISE PROCEDURES AND REGULATIONS CONCERNING SUBSTANDARD STRUCTURES; REPEALING CHAPTER 50, SECTION 50.16, UNLAWFUL ACCUMULATIONS; REPEALING CHAPTER 95, SECTIONS 95.10, 95.11, 95.12, 95.13, 95.14 AND 95.15 RELATING TO WEEDS; AMENDING SECTION 150.56, REGULATING ACCUMULATION OF TRASH AND EXCESS VEGETATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION AND EFFECTIVE DATE. WHEREAS, the Canyon City Commission finds that substandard structures and properties with an accumulation of refuse, trash, debris, junk, materials, uncultivated vegetation and similar matter pose an immediate and substantial threat to public safety and welfare; and WHEREAS, the Commission desires to expedite the notice and hearing process on such properties to the extent feasible, while also giving due regard to private property rights of the owners, occupants, and lien holders of such properties; and WHEREAS, this ordinance is adopted pursuant to Sections 217.042, 54.032, and 54.043 of the Texas Local Government Code, establishing an alternative adjudication process while still assuring due process in the enforcement of such ordinance relating to dangerously damaged or deteriorated buildings or conditions caused by accumulations of refuse, vegetation or other matter, and as otherwise provided for in Section 54.032 thereof; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS: SECTION 1. That the City of Canyon Code of Ordinances, Section 150.55 is hereby amended to read as follows: Sec. 150.55 Abatement of Substandard Structures. (A) Definitions; Declaration of Nuisance. (1) Definitions. In this Section, the following meanings apply. Good Repair. Means (1) that a premises is safe and habitable for its ordinary intended use; or, (2) that materials, equipment, and systems used in, on or under any structure are sound, stable, and performing the function for which intended without substantial defect that is detrimental to normal or intended operation or functionality. It does not mean or include purely cosmetic or aesthetic aspects of a structure, equipment, system, or material. 1  Interested Persons. Means jointly and severally any and all persons holding or claiming a legal interest in land or improvements thereon as either owner, tenant, occupant, lien holder, or other party with a legal interest discoverable by reasonable diligence. Structure. That which is built or constructed or a portion thereof. (2) Declaration. All Structures are hereby declared to be Dangerous Structures which are: (a) structurally unsafe; or (b) not provided with adequate egress; or (c) which constitute a fire hazard; or (d) are otherwise unfit for human habitation and are dangerous to human life, or which by way of existing use constitute a hazard to safety or health or public welfare, by reason of inadequate maintenance, or dilapidation, or obsolescence, or fire hazard, or abandonment; or (e) regardless of its structural condition, unoccupied by its owners, lessees, or other invitees and is unsecured from unauthorized entry to the extent that it could be entered or used by vagrants or other uninvited persons as a place of harborage or by children, animals or vermin; or (f) boarded up, fenced, or otherwise secured in any manner but: (1) the building constitutes a danger to the public even though secured from entry; or (2) the means used to secure the building are inadequate to prevent unauthorized entry or use of the building. All such Dangerous Structures are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition, or removal in accordance with the procedure specified in this Article. This Declaration of Nuisance and all terms of this Article shall be applicable to and enforceable both within the city limits and for a distance of five thousand feet (5000’) beyond the city limits or such other distance allowed by state law. (B) Initial Notice; service. (1) The Building Official shall examine or cause to be examined every Structure or portion thereof suspected to be substandard and, if such is found to be a Dangerous Structure, the Building Official shall give Interested Persons in such Dangerous Structure written notice stating the defects found to exist and may revoke the certificate of occupancy. (2) The Initial Notice from the Building Official shall require the Interested Persons in the Dangerous Structure or premises to temporarily secure the structure from entry by persons and animals and repair or abate the defects without delay and no later than the tenth (10th) day after receipt of the notice. Such notice may also require the Dangerous Structure or portion thereof to be vacated forthwith and not occupied until the required repairs and improvements are completed, inspected and approved by the Building Official. Failure to secure, repair, or abate defects within the specified time may result in the Building Official to cause the work to be done and charge the costs against the property or its owner. (3) Service of notice is sufficient if it is deposited into the U.S. mail with proper postage for certified mail return receipt requested or is personally delivered to the Interested Persons in the property. In addition, the Building Official may file in the real 2  property records of the County Clerk in the county where the property is situated, a copy of the summary of the Initial Notice and the existence of the proposed condemnation proceeding, in a form acceptable to the County Clerk. (4) The Building Official shall cause to be posted at or on any Dangerous Structure ordered to be vacated, a notice to read: “DO NOT ENTER. UNSAFE TO OCCUPY, Building Official, City of Canyon.” Such notice shall not be removed without written permission of the Building Official except for the purpose of making the required repairs or demolishing the building with proper permits. The Building Official shall also cause the Dangerous Structure to be secured from unlawful entry if the Interested Persons who received the Initial Notice fail, refuse of neglect to so secure the place by the tenth (10th) day after receipt of such notice. (C) Provisional Permit; opportunity to cure or remove structure. (1) If the Interested Persons in the property cannot secure the Dangerous Structure and remedy the defects within ten (10) days after receipt of the notice, but desires more time to do so, then the Interested Persons must apply for a provisional permit within the ten (10) days from the date such notice is received. A provisional permit authorizes the Interested Persons to either remove the structure in accordance with this Code of Ordinances or take such corrective remedial work that can be substantially complete within sixty (60) days, as agreed in writing with the Building Official. (2) The Building Official shall issue a provisional permit for the agreed corrective work or removal of the structure when the Interested Persons (1) demonstrates the structure has been temporarily secured as required in the notice letter; (2) tenders a plan and schedule of work that is feasible to accomplish within 60 days or less, in consideration of: the season, availability of materials; skills of the owner or availability of skilled or licensed contractors in the local market; the scope and amount of work to be performed; and other objective factors reasonably bearing on likelihood of success of the endeavor; (3) demonstrates reasonably adequate financial resources to accomplish the agreed corrective work within 60 days, such as cash on hand, revenue stream, pre-approved loan, line of credit or a combination of these or other liquid resources readily available to allow substantial completion within 60 days; and, (4) pays the required permit fee(s). (3) Abatement inspection. Apart from any ordinary required construction inspection as required by another applicable code, the Building Official shall cause an abatement reinspection of the property within the 60th day, and shall issue a written determination that either: finds substantial completion of the work authorized by the provisional permit (and thereupon may grant an extension of the provisional permit as provided for above or issue a standard building permit and other permits for additional work to continue on the Structure); or, finds that there is not substantial compliance and the condemnation process provided in this Article shall continue. (D) Prosecution. Failure, refusal or neglect of the Interested Persons in a Dangerous Structure to abate such a nuisance after the Initial Notice of violation is an offense punishable in accordance Section 10.99. However, the Building Official shall delay filing of any charges in municipal court until such time as there is probable cause to believe that 3  the Interested Persons shall fail, neglect or refuse: (1) to comply with the Initial Notice of violation and need to secure or to repair the Dangerous Structure; or (2) to demolish the Dangerous Structure or portion thereof; or, (3) to timely and substantially complete the terms of a provisional permit, then the Building Official may proceed to prosecute same in the Municipal Court. (E) Notice of Condemnation Hearing. (1) In the event that the Interested Persons shall fail, neglect or refuse: (1) to comply with the Initial Notice of violation to repair or rehabilitate; or (2) to demolish the Dangerous Structure or portion thereof; or, (3) to timely and substantially complete the terms of a provisional permit, then the Building Official shall notify the City Manager of such fact. (2) The City Manager shall request placement on the agenda of the City Commission, an item for the purpose of setting a date for a condemnation hearing which allows for not less than ten (10) days notice to the Interested Persons in the property, and ordering that a written notice of such hearing be promptly sent to such person(s) at the last known address for such person(s), and by publication of a notice of such hearing one (1) time in a newspaper of general circulation in the City prior to the date of such hearing. In addition, the Building Official may post notice of the hearing on the property. (F) Conduct of Hearing. (1) The Mayor shall call the case and administer an oath or affirmation to all persons desiring to testify in the matter. (2) The Building Official or designee shall present photographs, documents, and other relevant and material testimony and evidence concerning (1) the conditions existing on and at the property; (2) problems and nuisances arising out of same, (3) the notices sent or effort to locate Interested Persons; and (4) the existence and status of any provisional permit or reasons for denial of same by the Building Official. At the conclusion of the Building Official’s testimony, the Mayor shall consider admission of the evidence into the record of the proceeding and allow for individual review and questioning by any City Commissioner. (3) The Interested Persons in the property shall then have the right to cross-examine the Building Official or designee and challenge any aspect of the evidence or testimony offered by the Building Official. The Interested Persons shall then be allowed to offer direct testimony, photos, and other relevant and material evidence in support of that person’s position or in opposition to the Building Official. (4) Any other person desiring to offer testimony about the matter shall then be heard by the City Commission. (5) If the Interested Persons who were sent notice of the hearing fails, refuses, or neglects to appear at the hearing, then such person is presumed to admit liability for the defects and violations stated in the initial notice. (6) The City Commission may adopt such other procedural rules it deems reasonable and helpful for the conduct of such hearings. The Mayor shall, in consultation with the City Attorney as needed, rule on all procedural questions in order to do substantial justice with due regard for notions of fair play, judicial efficiency, private property rights, and public health and safety concerns posed by the condition of the property. 4  (7) Upon conclusion of all testimony from interested persons, the Mayor shall close the hearing. The City Commission shall publicly deliberate its decision, giving due consideration to and weighing the following factors: validity of the violations as alleged by the Building Official; the severity of such violations and any corresponding danger to the public; due regard for the private property rights; fair opportunity for the Interested Persons to have been notified of the problems and a corresponding opportunity to repair, remediate, or remove the defects of Dangerous Structure; weighing the private property interests of neighbors affected by further delay or deterioration of the subject property; and any other relevant consideration unique to the circumstances of that case but which may materially affect due process and equal protection of involved persons. The City Commission shall then announce its decision during the meeting and issue its order: (a) finding that the Structure is not a dangerous one or one marked by accumulation of vegetation, debris or trash, and ordering the matter dismissed; or, (b) finding the Structure or any other improvement of any kind, or any part thereof, is dangerous and ordering its removal not later than ten (10) days after notice of decision; or, (c) finding the Structure is a danger and ordering its removal not later than ten (10) days after the notice of decision, however, further finding the good cause exists to grant an extension of that order to allow the Interested Persons in the property to seek to qualify for and obtain a provisional permit during that period, and if obtained then the enforcement action shall be suspended for the duration of such permit or successor permit, as provided in this Section. The extension granted under this subsection shall expire upon the later of the expiration of time to apply for and obtain a provisional permit or the expiration of such permit. If at expiration of the extension the Building Official finds that the defects that gave rise to the finding of a Dangerous Structure have been abated, then the prior order of the City Commission to remove the Structure shall be set aside; or, if the defects remain, then the Building Official shall proceed to carry out the City Commission’s prior order to remove the Dangerous Structure; or, (d) finding good cause exists to defer the adjudication of the case and directing reinstatement or extension of a prior provisional permit, for a period of time determined by the City Commission not exceeding sixty (60) days from date of hearing. If at the end of the deferral period, the Building Official finds that there has been no substantial progress toward abatement of the defects, then such fact shall be reported to the City Manager who shall request the City Commission to set a new hearing and proceed an adjudication of whether the Structure is dangerous or not, in accordance with the provisions of subsection (E). (G) Notice of Decision. A copy of the order of the City Commission shall be promptly sent to the Interested Persons in the Dangerous Structure or Premises in the same manner provided in subsection (B)(3) of this Section. (H) Default; assessment of costs; lien; law suit. (1) If the Interested Persons shall fail, refuse, or neglect: (1) to remove or remedy the Dangerous Structure in accordance with the City Commission’s order not later than 5  ten (10) days after notice of same is sent or posted; or (2) either to apply for or to timely and substantially perform the terms of a provisional permit or extended provisional permit as ordered by the City Commission, (3) or to timely and fully comply with the terms of a deferred adjudication, then the Building Official shall proceed to execute the City Commission’s finding and order to remove the Dangerous Structure. (2) All expenses incurred by the City in the course of sending notices, removing and disposing of the Dangerous Structure or other improvements, as well as any other work performed on the premises or Structure, shall be invoiced to the owner of the property, with notice to any occupant and lien holder of record. (3) If the Interested Persons in the Premises shall fail, refuse, or neglect for a period of thirty (30) days to pay or discharge the expenses assessed by the City, then the City shall have a privileged lien second only to tax liens, and may file a record of such lien against such property in the official public records of the county, which shall bear interest at the rate of ten (10) percent per annum unless limited by state law. The City may only foreclose such lien by forced sale if allowed by applicable state law. (4) Apart from any other action, right, or remedy mentioned in this section, the City Attorney may file a civil law suit for any or all of the following: injunctive relief, declaratory judgment and for recovery of expenses incurred by the city with interest. (I) Appeal. The findings and decision of the City Commission may be appealed to district court within thirty (30) days after rendering of the decision, for a trial in accordance with Texas Local Government Code § 214.0012 and relevant case law. (J) Other Authority. Nothing in this section is intended as and shall not be construed as any limitation on the legal authority, right to enter, right to abate, or the procedure related thereto, that may be exercised by the Building Official, Fire Marshal, or other government official acting in the scope of duty, as to any substandard building, or other condition existing on a premises that poses a clear and imminent hazard to human life, health, or safety. State law reference – Authority to define and prohibit nuisances, V.T.C.A., Local Government Code § 217.042 and § 54.043 pertaining to alternate adjudication procedures. SECTION 2. That the City of Canyon Code of Ordinances, Section 50.16, Unlawful Accumulations; Abatement, is hereby deleted in its entirety. SECTION 3. That the City of Canyon Code of Ordinances, Sections 95.10, 95.11, 95.12, 95.13, 95.14, and 95.15, Weeds, are hereby deleted in their entirely. SECTION 4. That 150.56 is hereby is amended as follows: Sec. 150.56 Weeds and Uncultivated Growth and Unlawful Accumulations; Definitions; Nuisance; Abatement by City: Lien. (A) Definitions. For purposes of this section, the following terms shall have the meaning shown: Excess Vegetation. Whether living, dormant, or dead: 6  (1) all grasses, weeds, and other plants in excess of 8 inches in height that are cultivated and growing in rank profusion; or (2) noxious weeds; or (3) uncultivated brush or weeds in excess of 8 inches in height; or (4) shrubs or tree limbs that overhang or obstruct public Sidewalks, Streets, or Alleys in violation of other provisions of this Code of Ordinances. Provided however, the term Excess Vegetation shall not include cultivated flowers, gardens, and lawns. Premises. Upon a lot, tract, or parcel of land; along the Sidewalk or Street adjacent to the Premises between the property line and the edge of pavement, or if there is no pavement, then within ten (10) feet outside the property line; or in an Alley or Easement adjacent to the Premises measured to the centerline of such Alley or Easement. Trash. Animal or vegetable waste resulting from the handling, preparation, cooking, and consumption of food; ashes and similar material; boxes, bricks, broken concrete; cans, cartons, clothing, combustible and noncombustible waste materials; construction waste, crockery; dead tree stumps, dead trees, debris, dirt, discarded appliances; furniture designed for interior use, glass, gravel; inoperable or discarded ATV’s, motorcycles, bicycles, or lawn care equipment; junk; leather, lumber; mineral matter; other bulky heavy materials; paper, plaster, plastics; rags, refuse, rubber rubbish, rubble; sand, scrap lumber, scrap metal; shingles; residue from the burning of wood, coal, coke and other combustible materials; tires, tree branches; vehicle frames, parts or accessories; wheels; yard trimmings, or any other unsightly or unsanitary matter of whatever nature. (B) Duty; Offense; Declaration of Nuisance. It shall be the duty of every person having ownership, occupancy, supervision, or control of any Premises to remove or cause to be removed all Trash and Excess Vegetation as often as may be necessary to comply with this section. It shall be unlawful for any person owning, occupying, or having supervision or control of any Premises, whether occupied or unoccupied, within the City limits, to: (1) Allow on such Premises the accumulation of Trash or Excess Vegetation; or (2) Allow on such Premises the outdoor storage, in view from public property or from adjacent private property, any materials, equipment, merchandise of any kind, unscreened, that is required by this code to be screened from public view; All such conditions described in subsections (1) and (2) are hereby declared to be a public nuisance and shall be abated by the cutting, trimming, or removal in accordance with this Section. A Declaration of Nuisance and all of the terms of this Section shall be applicable to and enforceable both within the city limits and for a distance of five thousand feet (5000’) beyond the city limits or such other distance allowed by state law. (C) Enforcement. The Building Official shall cause to be examined every Premises suspected of being in violation of the provisions of this section. When an apparent violation is found to exist, the Building Official shall give written notice of the violations to the persons described in subsections (D)(1) or (2) of this section. Service of notice is sufficient if: 7  (1) personally delivered to the persons described herein, (2) given by letter addressed to the owner at the owner’s address as recorded in the appraisal district records, (3) if personal service cannot be obtained (a) by publication at least once in a newspaper of general circulation in the city; (b) by posting the notice on or near the front door of each building on the property to which the violation relates; or (c) by posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates. Such notice shall describe the violation and the necessary steps to correct such violation. (D) Procedures. The following procedures shall apply to the several kinds of nuisance violations arising under this section: (1) Excess Vegetation; Opportunity to cure; City Abatement. The Building Official shall give notice as required in subsection (C) to the record owner of the Premises. The owner shall have ten (10) calendar days from the date the initial notice of violation is mailed or served in which to mow, trim, cut or remove Excess Vegetation, or to cause such to occur. At the expiration of such ten (10) days the Building Official or designee may enter upon the Premises and may do necessary work or cause the same to be done, in order to abate and remove the matters mentioned in this subsection. Further, in accordance with state law, if the owner, occupant, or person in control of or having supervision of the Premises subsequently allows or commits another violation of the same kind or nature, under this subsection, that poses a danger to the public health and safety on or before the first anniversary date of the notice sent by the City Building Official may enter and abate the violation at the owner’s expense and assess such expense against the property as further provided herein. (2) Accumulation of Trash or Display of Materials, Merchandise, or Personal Property; Opportunity to Cure; City Abatement. The Building Official shall give notice to the record owner, occupant, or person in control of, or having supervision of the Premises. Service of notice is sufficient if it is deposited into the U.S. mail with proper postage for certified mail return receipt requested or is personally delivered to the persons described hereinabove. Such notice shall describe the violation and the necessary steps to correct such violation. If such person(s) cannot abate the violation within ten (10) calendar days after the notice of violation is mailed or served, due to the volume or amount of Material, Personal property, or Trash present on the Premises, or for circumstances beyond the reasonable control of the person(s) then he/she may apply for a provisional permit in accordance with the requirements of Section 150.55 of this Code in order to obtain more time to abate the nuisance under this subsection. If the person fails, refuses, or neglects to either timely abate the violation or to obtain a provisional permit and timely perform it, then the Building Official may obtain an administrative search warrant to enter the Premises and abate the violation by removal of the items that violate this ordinance. Provided however, if the estimated cost to the City for abating the nuisance under this subsection is One Thousand Dollars ($1,000) or greater, then the Building Official may condemn and remove such only after notice to persons 8  described hereinabove and a hearing conducted in accordance with the procedures of Section 150.55 (E) through (H) (with appropriate wording changes to refer to violations of this section and removal or cleaning, instead of Dangerous Structures and abatement thereof). (E) Costs; collection. Should the City be required to enter the premises and abate remove any violation of this section, then: (1) Invoice; due date; administrative charge. The invoice for the costs incurred by the City resulting from the abatement of the condition existing by reason of the failure, refusal, or neglect of the owner or other person in control of the Premises, shall be mailed to the recorded title owner of the Premises and must be paid within thirty (30) days after the mailing of the invoice. In addition to all other actual costs incurred, an administrative charge of one hundred dollars ($100) shall be added to cover the City’s cost of inspection, re-inspection, notices, bookkeeping and other administrative expenses. The Building Official or designee shall provide a statement of the charges and other information needed for preparation of the invoice, in the form and process prescribed by the City’s account receivable staff. (2) Filing lien statement with county clerk. If the invoice is not paid within the period specified in subsection (1), the City may file a statement with the county clerk that shows the owner’s name, description of the Premises, and the actual expenses incurred by the City for the abatement plus the administrative charge. Thereupon the City shall have a privileged lien on the land upon which the expense is incurred, second only to tax liens and liens for Street Improvements, for the cost specified in subsection (E)(1) of this section plus interest of ten (10) percent per annum unless otherwise limited by law from the date payment is due. (3) Suit for recovery and foreclosure. For all cost incurred, administrative charge, and interest, suit may be instituted by the City Attorney or designee for recovery and foreclosure to be had in the name of the City, as allowed by law. (4) Proof of amount. The statement filed by the Building Official or designee as provided in subsection (E)(1) of this section, or a copy of the invoice shall be prima facie proof of the amount expended and due for any work performed by the City. (F) Additional Authority to Abate Dangerous Weeds. (1) Pursuant to state law, the City may abate, without notice, Dangerous Weeds, meaning weeds that have grown higher than 48 inches and are an immediate danger to health, life, or safety of any person. Such Dangerous Weeds are hereby declared to be a nuisance and the terms of this subsection shall be specifically applicable to and enforceable both within the city limits and for a distance of five thousand feet (5000’) beyond the city limits or such other distance allowed by state law. (2) Not later than the 10th day after the date the City abates Dangerous Weeds under this section, the City shall give notice to the property owner in the manner required by subsection (D)(1) of this section. The notice shall contain: (a) an identification, which is not required to be a legal description, of the property, (b) a description of the violations of the ordinance that occurred on the property. (c) a statement that the City has abated the weeds; and (d) an explanation of the property owner’s right to request an administrative hearing regarding the City’s abatement of the weeds. 9  (3) The City Manager or his designee shall conduct an administrative hearing on the abatement of weeds under this section if, not later than the 30th day after the date of the notice of abatement, the property owner files with said official a written request for a hearing. (4) An administrative hearing conducted under this section shall be conducted not later than the 20th day after the date a request for a hearing is filed. The owner may testify or present any witnesses or written information relevant to the City’s abatement of the Dangerous Weeds. (5) The City may assess the actual costs and administrative fees and create liens under this subsection in the same manner and amounts that is assesses expenses and creates liens under subsection (E) of this section. A lien created under this subsection is subject to the same conditions as a lien created under subsection (E) of this section. SECTION 5. Severability. If any provision, section, subsection, sentence, clause, or the application of the 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 unconstitutionality of any other portion or provision. SECTION 6. Repealer. All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed to the extent of conflict with this ordinance. SECTION 7. Penalty. It is an offense to violate any part of this ordinance, punishable upon conviction in accordance with Section 150.99 of the City of Canyon Code of Ordnances. SECTION 8. Publishing and Effective Date. This ordinance shall be published according to law and become effective immediately. INTRODUCED AND PASSED at the regular meeting of the City Commission on the day of 7th day of October, 2019. _______________________ Gary Hinders, Mayor ATTEST: _________________________ Gretchen Mercer, City Clerk 10