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 6th day of January 2020, 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 December 9, 2019. 5. Public Comment – Comments from Interested Citizens. 6. Conduct First Public Hearing on Ordinance No. 1121 Annexing Property for Hunsley Substation Unit No. 1. 7. Conduct First Public Hearing on Ordinance No. 1122 Annexing Property for Canyon East. 8. Conduct Second Public Hearing on Ordinance No. 1121 Annexing Property for Hunsley Substation Unit No. 1. 9. Conduct Second Public Hearing on Ordinance No. 1122 Annexing Property for Canyon East. 10. Consider and Take Appropriate Action on Resolution No. 03-2020, Authorizing Representatives to Act on Behalf of the City in All Matters Pertaining to the City’s Public Funds. 11. Executive Session Pursuant to §551.074 Personnel Matters (Finance Director Position, Canyon Volunteer Fire Department Pension Board Appointment); §551.071 Consultation with Attorney; and §551.075 Contract Being Negotiated. 12. Consider and Take Appropriate Action on Items Discussed in Executive Session. 13. Adjourn. Joe Price Joe Price, City Manager I certify that the above Notice of Meeting was posted on the bulletin board of the Civic Complex of the City of Canyon, Texas on the 3rd day of January 2020. Gretchen Mercer, City Clerk City of Canyon City Commission Meeting December 9, 2019 The City Commission of the City of Canyon at 4:30 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: City Manager Joe Price, Assistant City Manager Jon Behrens, Director of Public Works Dan Reese, Librarian Janice Doan, Planning and Development Director Danny Cornelius, Business and Community Development Director Evelyn Ecker, Director of Golf Casey Renner, Golf Superintendent John Haun, Police Lieutenant Ray Resendez, Utility Department Supervisor Eric Whitten, and City Attorney Chuck Hester. Item 1. Call to Order. Mayor Hinders called the meeting to order at 4:37 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 November 18, 2019. Commissioner Ray moved, duly seconded by Commissioner Remlinger to approve the minutes of November 18, 2019 as presented. Motion carried unanimously. Item 5. Public Comment – Comments From Interested Citizens. Nola Hopkins – 1005 5th Ave, Canyon, Texas. Ms. Hopkins asked about the patches in the brick streets and requested the brick streets be maintained keeping the historical beauty of Canyon. Bill Green – 902 5th Avenue, Canyon, Texas. Mr. Green stated he does historical research. Mr. Green said the brick streets were laid in the 1920’s and much cheaper to maintain. Mr. Green appealed to the City Commission to maintain the brick streets. Richard Bowers – 580 20th Street, Canyon, Texas. Mr. Bowers also stated he felt the brick streets should be restored and maintained. Item 6. Presentation by WTAMU President, Dr. Walter Wendler Regarding the Economic Impact of WTAMU on Randall and Potter Counties. West Texas A&M University President, Dr. Walter Wendler, presented information on the economic impact of WTAMU on the surrounding area. City Commission Meeting December 9, 2019 Page 2 of 6 Item 7. Palo Duro Creek Golf Course Annual Report. Palo Duro Creek Golf Course Director Casey Renner and Golf Course Superintendent John Haun presented the 2019 Palo Duro Creek Golf Course Annual Report. Item 8. Consider and Take Appropriate Action on Resolution No. 20-2019, Adopting an Annexation Calendar as Requested by Kuhlman & Sons, LP, Acting by and Through its Duly Authorized Representative, Daryl R. Furman, RPLS. Planning and Development Director Danny Cornelius presented Resolution No. 20-2019 for consideration. Mr. Cornelius stated as requested by the developer, Resolution No. 20-2019 would adopt an annexation calendar to annex in an extension of Canyon East with approximately 72 more lots. Mr. Cornelius then gave a brief explanation of the newly adopted rules for the annexation process. Mr. Cornelius explained in the interest of completing the annexation in an acceptable time, TML Legal had issued the opinion that under the new annexation laws adopted in the last legislative session, it was acceptable to have 2 public hearings as separate items in the same meeting to meet the public hearing requirements. Mr. Cornelius said this will not be the norm, but only for the two requested annexations at hand due to the timing of the holidays and meetings. After discussion, Commissioner Remlinger moved, duly seconded by Mayor Pro-Tem Jones to adopt Resolution No. 20-2019 as requested. Motion carried unanimously. RESOLUTION NO. 20-2019 A RESOLUTION OF THE CITY OF CANYON, TEXAS, SETTING A DATE, TIME, AND PLACE FOR PUBLIC HEARINGS AND PROVIDING FOR NOTICE OF PUBLIC HEARINGS IN REGARD TO THE PROPOSED ANNEXATION OF PROPERTY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CANYON AT THE REQUEST OF KUHLMAN AND SONS, LP, A TEXAS LIMITED PARTNERSHIP, ACTING BY AND THROUGH HERBERT KUHLMAN & SONS, INC., A TEXAS CORPORATION, AS GENERAL PARTNER, ACTING BY AND THROUGH ITS DULY AUTHORIZED PRESIDENT, MICHAEL H. KUHLMAN, AND VICE PRESIDENT, GARY A. KUHLMAN. Item 9. Consider and Take Appropriate Action on Resolution No. 21-2019, Adopting an Annexation Calendar as Requested by Southwestern Public Service Company, Acting By and Through its Duly Authorized Representative, Sean L. Frederiksen, Siting and Land Rights Manager. Planning and Development Director Danny Cornelius presented Resolution No. 21-2019 for consideration. Mr. Cornelius stated Xcel Energy requested annexation for the purpose of a substation. Mr. Cornelius said if adopted, Resolution No. 21-2019 would set the annexation calendar the same as the voluntary annexation of Canyon East. After discussion, Mayor Pro-Tem Jones moved, duly seconded by Commissioner Remlinger to adopt Resolution No. 21-2019 as presented. Motion carried unanimously. City Commission Meeting December 9, 2019 Page 3 of 6 RESOLUTION NO. 21-2019 A RESOLUTION OF THE CITY OF CANYON, TEXAS, SETTING A DATE, TIME, AND PLACE FOR PUBLIC HEARINGS AND PROVIDING FOR NOTICE OF PUBLIC HEARINGS IN REGARD TO THE PROPOSED ANNEXATION OF PROPERTY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CANYON AT THE REQUEST OF XCEL ENERGY, INC., A TEXAS CORPORATION, ACTING THROUGH ITS DULY AUTHORIZED REPRESENTATIVE, SEAN L. FREDERIKSEN. Item 10. Conduct a Public Hearing and Consider and Take Appropriate Action on Ordinance No. 1119, Rezoning the Proposed Spring Canyon Unit No. 1. Director of Planning and Development, Danny Cornelius presented Ordinance No. 1119 for consideration. Mr. Cornelius said Canyon Capital Group, LLC submitted a plat for Spring Canyon Unit No. 1 with an application for change in zoning. Mr. Cornelius stated the first phase will contain 84 lots with lots 1, 14, and 15 of Block 1 and Lot 40 of block 2 zoned RC-2 (Commercial District). Mr. Cornelius said Lots 2-13 and 16-43 of Block 1, Lots 1-19 and 22-39 of Block 2, Lot 1 of Block 3 would be zoned SF-E (Single-Family Estate Residential District); and Lots 20 and 21 of Block 2 zoned as MF (Multi-Family Attached Residential District); all from SF-A (Single Family Agricultural Residential District) which is intended for undeveloped land and agricultural uses. Mr. Cornelius stated the Canyon Planning and Zoning Commission voted unanimously to recommend approval of the zoning change. Mayor Hinders opened the Public Hearing. Jonathon Lair – 11 Spring Lake, Canyon, Texas. Mr. Lair said it was amazing to work with the city and work out a whole new way of creating this project and it was exciting to see the water lines going in. Mr. Lair said this would be a development like no other. Mr. Lair expressed appreciation to all that worked together on the development. There being no other comments, Mayor Hinders closed the Public Hearing. After discussion, Commissioner Remlinger moved, duly seconded by Mayor Pro-Tem Jones to adopt Ordinance No. 1119 as presented. Motion carried unanimously. ORDINANCE NO. 1119 Zoning Spring Canyon Unit No. 1 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS, ZONING SPRING CANYON UNIT NO. 1, AN ADDITION TO THE CITY OF CANYON, RANDALL COUNTY, TEXAS, PROVIDING THAT THE ZONING CLASSIFICATION BE POSTED UPON THE ZONING DISTRICT MAPS OF THE CITY OF CANYON, PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH ARE EXPRESSLY REPEALED, AND PROVIDING FOR AN EFFECTIVE DATE. City Commission Meeting December 9, 2019 Page 4 of 6 Item 11. Consider and Take Appropriate Action on a Plat for Spring Canyon Unit No. 1. Planning and Development Director Danny Cornelius presented a Plat for Spring Canyon Unit No. 2 as submitted by the developers. Mr. Cornelius stated with the approval of the zoning request, consideration to the plat is needed. Mr. Cornelius said the plat proposes 78 Single-Family Estate Residential lots, 3 Commercial lots and 2 Multi-Family lots and would be served with city water and septic systems. Mr. Cornelius said a developer’s agreement had been signed and the design of the development followed those guidelines as set in conjunction with the City Commission. Mr. Cornelius highlighted the locations of the Spring Canyon Elementary School, the commercial lots and where the retention pond for storm water drainage would be located. Mr. Cornelius said it’s a different and exciting type of development. After discussion, Mayor Pro-Tem Jones moved, duly seconded by Commissioner Remlinger to approve the plat for Spring Canyon Unit No. 1 as presented. Motion carried unanimously. Item 12. Conduct Public Hearing and Take Appropriate Action on Ordinance No. 1120, Adopting Revisions to the Drought Contingency Plan for the City of Canyon. Director of Public Works Dan Reese presented Ordinance No. 1120 for consideration. Mr. Reese stated under Texas Water Code, Chapter 11 and Title 30 of the Texas Administrative Code, Chapter 288 (Rules of the TCEQ), public water systems of 3,300 connections and larger are required to update the Drought Contingency Plan every five years. Mr. Reese stated a few minor tweaks were made, specifically addressing water use by city facilities. Mr. Reese gave a brief overview of the Drought Contingency Plan. Mayor Hinders opened the Public Hearing. There being no comment, Mayor Hinders closed the Public Hearing. After discussion, Commissioner Ray moved, duly seconded by Mayor Pro-Tem Jones to adopt Ordinance No. 1120 as presented. Motion carried unanimously. ORDINANCE NO. 1120 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS, ADOPTING A DROUGHT CONTINGENCY PLAN; ESTABLISHING CRITERIA FOR THE INITIATION AND TERMINATION OF DROUGHT RESPONSE STAGES; ESTABLISHING RESTRICTIONS ON CERTAIN WATER USES; ESTABLISHING PENALTIES FOR THE VIOLATION OF AND PROVISIONS FOR ENFORCEMENT OF THESE RESTRICTIONS; ESTABLISHING PROCEDURES FOR GRANTING VARIANCES; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. Item 13. Executive Session Pursuant to §551.087 for Economic Development Negotiations, and §551.074 Board Appointments (Board of City Development, Canyon Housing Authority, Construction Advisory and Appeals Board, Canyon Area Library, Planning and Zoning Commission, Parks, Open Space and Recreation Advisory Committee, Zoning Board of Adjustment, and Main Street Advisory Board). City Commission Meeting December 9, 2019 Page 5 of 6 Mayor Hinders indicated the Commission would adjourn into Executive Session at 6:14 pm. Item 14. Consider and Take Appropriate Action on Items Discussed in Executive Session. Upon returning from Executive Session at 6:55 pm, the following action was taken. Commissioner Lyons moved, duly seconded by Commissioner Remlinger to appoint Kelsey Ward to the expiring term of Steve Wiegand, and reappoint Christina Cox to the Board of City Development. Motion carried unanimously. Mayor Pro-Tem Jones moved, duly seconded by Commissioner Remlinger to reappoint Medina Ortiz and Jerry Robinson to the Canyon Housing Authority. Motion carried unanimously. Commissioner Remlinger moved, duly seconded by Commissioner Lyons to reappoint Nolan Brown and Lyndon Johnson to the Construction Advisory and Appeals Board. Motion carried unanimously. Mayor Pro-Tem Jones moved, duly seconded by Commissioner Remlinger to appoint Wendy Cornelius and Raimey Doggett to the expiring terms of Nola Hopkins and Melissa Wright respectively, and to reappoint Bonnie Pendleton to the Canyon Area Library Board. Motion carried unanimously. Mayor Pro-Tem Jones moved, duly seconded by Commissioner Remlinger to appoint Roger Mitchell to the expiring term of Bobbie Jo Krutsch, and reappoint Jeremy Bradford and Lori Wilhite to the Planning and Zoning Commission. Motion carried unanimously. Mayor Pro-Tem Jones moved, duly seconded by Commissioner Remlinger to appoint Tim Bryson and Deanna Porter to the expiring terms of Stuart Sutton and Mary Clare Munger respectively, and reappoint Larry Bedwell to the Parks, Open Space and Recreation Advisory Committee. Motion carried unanimously. Commissioner Lyons moved, duly seconded by Commissioner Remlinger to appoint Jonathon Luna to the expiring term of Mary Ellen Brandt, reappoint Rich Hopson as alternate, and reappoint Wiley Harp to the Zoning Board of Adjustment. Motion carried unanimously. Commissioner Ray moved, duly seconded by Mayor Pro-Tem Jones to appoint Mary Ann Houston, Matt McCoams and Andy Hicks to the expiring terms of Kevin Friemel, Kelsey Ward, and Janna Wartes respectively, and appoint Sarah Sparks to fulfill the vacated term by Ashely Ramos on the Main Street Advisory Board. Motion carried unanimously. Item 15. Adjourn There being no further business, Mayor Pro-Tem Jones moved this meeting be adjourned at 7:05 pm. ______________________________ Gary Hinders, Mayor City Commission Meeting December 9, 2019 Page 6 of 6 ATTEST: ________________________________ Gretchen Mercer, City Secretary REGARDING ITEM 6 AGENDA To: Joe Price, City Manager From: Danny Cornelius, Director of Planning and Development Date: January 6, 2020 Re: Conduct First Public Hearing on Ordinance No. 1121 Annexing Property for Hunsley Substation Unit No. 1. Ordinance No. 1121 has been developed to annex property owned by Southwestern Public Service Company at the southwest corner of FM 2590 and Hunsley Road. The property is the future site of an Xcel Energy Substation. The City Commission recently adopted the annexation calendar and both public hearings as required by Chapter 43 of the Texas Local Government Code are scheduled for this meeting. As we discussed at our last meeting, Chapter 43 requires that the hearings be conducted “on or after the 40th day but before the 20th day before the date” of the final adoption of the annexation ordinance. That limited time frame makes it necessary to hold both public hearings at the same meeting. According to the Texas Municipal League’s General Counsel, this process is acceptable. This is the first of 2 required public hearings for Ordinance No. 1121. RECOMMENDED MOTION Public Hearing only, no motion / action required City of Canyon  ORDINANCE NO. 1121 ANNEXING TERRITORY TO THE CITY OF CANYON XCEL Energy, Inc. 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 7.95 ACRES A ±7.95 acre tract of land out of Section 30, Block B5, H. & G.N. Survey, Randall County, Texas further being out of that tract of land described in that certain instrument recorded in Volume 712 Page 361, as filed in the Office of the County Clerk of Randall County, Texas, said tract of land having been surveyed on the ground by Furman Land Surveyors, Inc. and being described by metes and bounds as follows: (Bearings and Distances are Grid UTM Coordinate System-Zone 14N, NAD (1983) using GPS relative positioning techniques based on an OPUS solution from April 29, 2016. Combined Scale Factor = 1.00035809) BEGINNING at a point, from whence the Northeast corner of said Section 30 bears S. 87° 58' 08" E. 47.70 feet, same being the common corner of Sections 30, 3, 2 and 31 Block B5, H. & G.N. Survey, Randall County, from said Northeast Section corner, a 1/2 inch iron pipe found for the Northwest corner of said Section 30 bears N. 87° 58' 08" W. 5305.20 feet; THENCE S. 02° 04' 29" W. along the East Right-of-way line of FM 2590, as described in that certain instrument recorded in Volume 247 Page 298, as filed in the Office of the County Clerk of Randall County, Texas, at 30.00 feet a 1/2 inch iron rod with cap stamped "Furman RPLS" set as an offset corner in the South Right-of-way line of Hunsley Road, as it exist on the ground, a total distance of 796.09 feet, to an "X" found for the Southeast corner of this tract of land, same being an offset corner for that certain 7.866 acre tract of land, PAGE 1 OF 3  described in that certain instrument recorded in Document No. 2018018532, as filed in the Office of the County Clerk of Randall County, Texas; THENCE N. 87° 56' 36" W. (Base Line) 435.25 feet along the North line of said 7.866 acre tract of land, to a 1/2 inch iron rod with cap stamped "Furman RPLS" set for the Southwest corner of this tract of land, from whence a 1/2 inch iron rod with cap found for the Southwest corner of that certain 6.668 acre tract of land, described in that certain instrument recorded in Document No. 02- 6508, as filed in the Office of the County Clerk of Randall County, Texas, bears N. 87° 56' 36" W. 1028.12 feet; THENCE N. 02° 04' 29" E. at 735.89 feet a 1/2 inch iron rod with cap stamped "Furman RPLS" set as an offset corner in the South Right-of-way line of Hunsley Road, as it exist on the ground, a total distance of 795.89 feet to a point in the North line of said Section 30, same being the South line of said Section 3, for the Northwest corner of this tract of land; THENCE S. 87° 58' 08" E. 435.25 feet along the North line of said of said Section 30, to the POINT OF BEGINNING, this tract contain ±7.95 acres, (of which ±0.30 acres in roadway, for a net acreage of 7.65 acres, more or less). 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 February 3, 2020. ___________________________________ GARY HINDERS, Mayor ATTEST: ___________________________________ GRETCHEN MERCER, City Clerk PAGE 2 OF 3 ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF RANDALL § This instrument was subscribed and acknowledged before me on the 3rd day of February, 2020, by GARY HINDERS, Mayor of the City of Canyon, Texas. ____________________________________ Notary Public, State of Texas AFTER RECORDING, RETURN TO: City of Canyon 301 16th Street Canyon, TX 79015 PAGE 3 OF 3  Exhibit "A" SERVICE PLAN This Service Plan has been prepared in accordance with Chapter 43 of the Texas Local Government Code. When the annexation is complete, all City services currently available to businesses and residences inside the city limits would be available to the proposed area to be annexed: Fire Protection Fire suppression will be available to the area immediately upon annexation. Primary fire response will be provided by the Canyon Fire Department located at 301 16th St. Adequate fire suppression services can be afforded to the annexed area within the current budget appropriation. All fire prevention activities will be provided by the Fire Marshal's Office as needed. Police Services Currently, the area is under the jurisdiction of the Randall County Sheriff's Office. However, upon annexation, the City of Canyon Police Department will extend regular and routine patrols to the area. It is anticipated that the implementation of police patrol activities can be effectively accommodated within the current budget and staff appropriation. Building Inspection The Planning and Development Department will provide enforcement upon annexation. Services include issuing building, electrical, mechanical, and plumbing permits for new construction and remodeling, along with enforcement of all other applicable codes which regulate building construction within the City of Canyon. Planning & Zoning The Planning and Development Department is responsible for regulating development and land use through the administration of the City of Canyon’s Zoning Ordinance. These services can be provided within the department’s current budget and will begin immediately upon annexation. Animal Control The Animal Control Department promotes and protects public safety and animal care through sheltering, pet placement programs, education, and animal law enforcement. These services can be provided within the department’s current budget and will begin immediately upon annexation. Streets & Drainage Currently no streets or drainage systems exist within the proposed area to be annexed. Public streets and drainage systems, if any, will be provided by developers at their own expense. All streets and drainage systems dedicated to public use will be installed to City specifications and inspected prior to acceptance. Once accepted, the City will perpetually maintain the public streets and drainage systems. This service can be provided for within the current budget of the department. Street Lighting The City of Canyon will coordinate any request for street lighting of public road ways with Xcel Energy in accordance with the City’s street lighting policy. Traffic Engineering The Public Works Department will be able to provide, additional traffic control devices needed, if any, within 12 months after the effective date of annexation. Water Service Water service is available directly adjacent to the area proposed for annexation. Developers will provide for the installation of water lines in accordance with the applicable codes and the City’s subdivision and utility extension ordinances. Upon acceptance, the system will become part of the public water system and be owned and maintained by the City. No additional system capacity is anticipated to be needed. Sanitary Sewer Service Sanitary sewer service is available directly to the area proposed for annexation. Developers will provide for the installation of sanitary sewer lines in accordance with all applicable codes and the City’s subdivision and utility extension ordinances. Lots not accessible to sanitary sewer will be served by On-Site Sanitary Sewerage Facilities as approved by the Amarillo Area Public Health District. Upon acceptance, the system will become part of the municipal sewer system and be owned and maintained by the City. No additional system capacity is anticipated to be needed. Solid Waste Services Solid waste collection service shall be provided to the area of annexation in accordance with the present ordinance. Service shall comply with existing City policies, beginning with the occupancy of structures. This service can be provided for within the current budget of the department. Miscellaneous All other applicable municipal services will be provided to the area in accordance with the City of Canyon’s established policies governing extension of services to newly annexed areas. This service plan has been prepared by the Planning and Development Department of the City of Canyon, with the assistance of other city departments, in conformance with Chapter 43 of the Texas Local Government Code and the City of Canyon Charter. Prepared and executed this ______ day of _______________, 2019  ANNEXATION CALENDAR Monday, December 9, 2019 Adopt Annexation Calendar Sunday, December 22, 2019 Publish Notice of Public Hearings in Canyon News Monday, December 23, 2019 Post annexation calendar on City of Canyon internet website, Notice to CISD, Randall County, Potter- Randall Appraisal District, Randall County Noxious Weed Control District, BSA EMS Friday, January 3, 2020 Post Notice of Public Hearings under the Texas Open Meetings Act Monday, January 6, 2020 Hold First Public Hearing (separate agenda item) Monday, January 6, 2020 Hold Second Public Hearing (separate agenda item) Friday, January 31, 2020 Post Notice of action upon proposed ordinance pursuant to the Texas Open Meetings Act Monday, February 3, 2020 Consider and act upon adoption of Annexation Ordinance  AGENDA REGARDING ITEM 7 To: Joe Price, City Manager From: Danny Cornelius, Director of Planning and Development Date: January 6, 2020 Re: Conduct First Public Hearing on Ordinance No. 1122 Annexing Property for Canyon East. Ordinance No. 1122 has been developed to annex property owned by Kuhlman & Sons, LP. The property will be developed as an extension of the Canyon East Subdivision. The City Commission recently adopted the annexation calendar and both public hearings as required by Chapter 43 of the Texas Local Government Code are scheduled for this meeting. As we discussed at our last meeting, Chapter 43 requires that the hearings be conducted “on or after the 40th day but before the 20th day before the date” of the final adoption of the annexation ordinance. That limited time frame makes it necessary to hold both public hearings at the same meeting. According to the Texas Municipal League’s General Counsel, this process is acceptable. This is the first of 2 required public hearings for Ordinance No. 1122. RECOMMENDED MOTION Public Hearing only, no motion / action required City of Canyon  ER FOR V TO: The Mayor and City Commission of the City Canyon, Texas KUHLMAN AND SONS, LP, a Texas Limited Partnership, acting by and through HERBERT KUHLMAN & SONS, INC., a Texas corporation, as General Parhrer, acting by and through its duly authorized President, MICHAEL H. KUHLMAN, and Vice President, GARy A. KUHLMAN, Petitioners, pursuant to the Canyon City Charter, and Chapter 43, Title Z Subtitle C Tex. Loc. Gov't Code Ann., petitions for annexation of the unincorporated territory in Randall County, Texas, described in paragraph I below: I . All that certain tract or parcel of land described as follows: Leqal Descrintion A 8.65+/- acre tract of land in section 1l l, Block 6,r. & G.N. R.R. co. Survey, Randall County, Texas, and being a portion of that certain tract of land being described in that certain instrument recorded in Volume 1966, Page 265 of the Deed Records of Randall County, Texas, said 8.65+A acre tact of land being more particularly described by metes and bounds as follows: COMMENCING at a ll2 inch iron rod found for the Southeast corner of said Section 1l l; THENCE N. 00" 00'48" E. 1408.56 feet to a point; THENCE N. 89' 38' 49- W.322.76 feet along the South line of that certain 126.78+/- acre tract of land being described in that certain instrument filed as Ordinance No. 900 (Annexing Territory to the City of Canyon) recorded under Clerk's File No. 2009021348 of the Official Public Records of Randall Counry, Texas to a point in the Southeast line of future Canyon East Unit No. 9 for the most East and BEGINNING CORNER of this tract of land; THENCE s. 44" 19' 54 w., at 330.00 feet from and paralel with the most Southeasterly line of Canyon East Unit No. 6, an addition to the City of Canyon, Randall county, Texas, according to the map or plat thereof, recorded under Clerk's File No. 2018006599 of the Official Public Records of Randall Counry, Texas, a distance of 1i78.55 feet to the most South corner of this tract of land, same being the most South comer of said future canyon East unit No. 9; THENCE N. 45o 40' 06* w. 652.81 feet to a point in a Southeast rine of a 13.629+l- acre tract of land described in Ordinance No. 998 (Annexing Territory to the City of Canyon) recorded under Clerk's File No. 2013021316 of the official Public Records of Randall county, Texas, being the most westerly corner of this tract of land; THENCE N. 44o 19' 54" E. 125.00 feet to a point in the Southwesterly line of said Canyon East Unit No. 6, same Unit 6 being described in Ordinance No. PermroN or LANoowNen ron Voluurery ANNEXATToN PAGE I oF4  1073 (Annexing Territory to the City ofCanyon) recorded under Clerk's File No. 2017021848 of the Official Public Records of Randall County, Texas, same point being a jog comer of said 13.629+l- acre tract of lan4 also being the most West Northwest oomer of this tract of land; THENCE S.45" 40' 06" E. 322.81 feet to a l/2 inch iron rod with cap (FURMAN) found for the most South comer of said Canyon East Unit No. 6, same being an interior comer of this tract ofland, also being an interior comer of said future Canyon East Unit No. 9i THENCE N. 44" 19' 54" 8.735.11 feet along the Southeasterly tine of said Canyon East Unit No. 6, same being the Northwesterly line of said future Canyon East Unit No. 9 to a point in the South line of the aforementioned 126.78+l- acre tract of land, same being the most North Northwest comer of this tract of land; THENCE S. 89' 38' 49" E. 458.59 feer along tle South line of said 126.78+l_ acre tract of land to the PLACE OF BEGINNING and containing 8.65+/- acres of land, more or less. 2' The territory proposed for annexation is not presently within the boundaries or extraterritorial jurisdiction (ETJ) of any incorporated city, town or village and is contiguous to the city limits of the City of Canyon. 3. The property has ingress and egress to public right-of-way easements which serve the tract proposed for annexation. 4. Petitioner is the owner in fee simple ofthe entire tract described above. 5' The territory proposed for annexation is located within the following districts and/or political subdivisions: (a.) Randall County Canyon Independent School District South Randall County Hospital Districr Randall County Noxious Weed Control District (b.) The land does not lie within the right ofway ofa railroad. 6. Petitioner proposes to use the property as a residential subdivision. 7. T\e property proposed for annexation is not described in a recorded plat at this time. 8' Petitioner and the city have discussed the advisability of and necessity for a development agreement pursuant to Tex. Loc. Gov,t Code 5212.172. petitioner has declined to enter into a development agreement and seeks to have the property annexed into the City limits. PETTTIoN oF LANDoWNER FoR VoLt/NTARy ANNExATtoN PAGE 2 oF 4  9. The land to be annexed contains fewer than 200 tracts. 10. The land to be annexed has no peffnanent residents. 11. Petitioner therefore requests that the tract described above be annexed and incorporated into the City of Canyon for general pu{poses. 12. In the event Petitioners should withdraw the request for voluntary annexation prior to final action by the City Commission, Petitioners agree to pay all expenses incurred by the City of Canyon in connection with such request and petition. Signatures Next Page PprrroN or LeNDowNER FoR Vor-uNreny AuNpxATroN PAGE 3 oF 4  This document may be signed in person at the City of Canyon Planning and Development Department or by Electronic means pursuant to the Trxas UNmoRu Erectnourc TRANSACTToN Acr (ETA), TExAS BusrNrss & CouprsncE CoDE $322.001, et seq. The parties and their duly authorized representatives, by signing below agree to the application of the ETA to this transaction. KUHLMAN AND SONS, LP, a Texas Limited Parhrership, acting by and through HERBERT KUHLMAN & SONS,INC., General Partner "r,furtdrk% MICHAEL H. KUHLMAN, President LMAN, Vice President ACKNOWLEDGMENT THESTATEOFTEXAS $ COUNTY OF RANDALL $ This instrument was sworn to, subscribed and acknowledged before me on th" December, 2019,by MICHAEL H. KUHLMAN, President of HERBERT KULMAN A SON$ INC., a /fi4 auV ot Texas Corporation, General Partner of KUHLMAN AND S, LP, on of said company. THESTATEOFTEXAS $ COUNTY OF RANDALL $ This instrument was sworn to, subscribed and acknowledged before me on *"/ardauv of December, 2019,by GARY A. KUHLMAN, Vice President of HERBERT KULMAN & SONS, INC., a Texas Corporation, General Partrner of KUHLMAN AND SONS, Lp, on of said company. Kim Ctoad! I tly Comntrion grpircr ic, State of Texas :g w11/i&r1 lD No. a016001 PREPARED BY: Chuck Hester, City Attomey 1507 46 Ave Ste A Canyon, TX 79015 Prrtnou or LenDowNER FoRVoLuNTARy ANNEXATIoN Pncr 4 or 4  ORDINANCE NO.1122 ANNEXING TERRITORY TO THE CITY OF CANYON KUHLMAN AND SONS, LP. 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 8.65± ACRES A 8.65+/- acre tract of land in Section 111, Block 6, I. & G.N. R.R. Co. Survey, Randall County, Texas, and being a portion of that certain tract of land being described in that certain instrument recorded in Volume 1966, Page 265 of the Deed Records of Randall County, Texas, said 8.65+/- acre tract of land being more particularly described by metes and bounds as follows: COMMENCING at a 1/2 inch iron rod found for the Southeast corner of said Section 111; THENCE N. 00° 00’ 48” E. 1408.56 feet to a point; THENCE N. 89° 38’ 49” W. 322.76 feet along the South line of that certain 126.78+/- acre tract of land being described in that certain instrument filed as Ordinance No. 900 (Annexing Territory to the City of Canyon) recorded under Clerk’s File No. 2009021348 of the Official Public Records of Randall County, Texas to a point in the Southeast line of future Canyon East Unit No. 9 for the most East and BEGINNING CORNER of this tract of land; THENCE S. 44° 19’ 54” W., at 330.00 feet from and parallel with the most Southeasterly line of Canyon East Unit No. 6, an addition to the City of Canyon, Randall County, Texas, according to the map or plat thereof, recorded under Clerk’s File No. 2018006599 of the Official Public Records of Randall County, Texas, a distance of 1178.55 feet to the most South corner of this tract of land, same being the most South corner of said future Canyon East Unit No. 9; PAGE 1 OF 3  THENCE N. 45° 40’ 06” W. 652.81 feet to a point in a Southeast line of a 13.629+/- acre tract of land described in Ordinance No. 998 (Annexing Territory to the City of Canyon) recorded under Clerk’s File No. 2013021316 of the Official Public Records of Randall County, Texas, being the most Westerly corner of this tract of land; THENCE N. 44° 19’ 54” E. 125.00 feet to a point in the Southwesterly line of said Canyon East Unit No. 6, same Unit 6 being described in Ordinance No. 1073 (Annexing Territory to the City of Canyon) recorded under Clerk’s File No. 2017021848 of the Official Public Records of Randall County, Texas, same point being a jog corner of said 13.629+/- acre tract of land, also being the most West Northwest corner of this tract of land; THENCE S. 45° 40’ 06” E. 322.81 feet to a 1/2 inch iron rod with cap (FURMAN) found for the most South corner of said Canyon East Unit No. 6, same being an interior corner of this tract of land, also being an interior corner of said future Canyon East Unit No. 9; THENCE N. 44° 19’ 54” E. 735.11 feet along the Southeasterly line of said Canyon East Unit No. 6, same being the Northwesterly line of said future Canyon East Unit No. 9 to a point in the South line of the aforementioned 126.78+/- acre tract of land, same being the most North Northwest corner of this tract of land; THENCE S. 89° 38’ 49” E. 458.59 feet along the South line of said 126.78+/- acre tract of land to the PLACE OF BEGINNING and containing 8.65+/- acres of land, more or less. 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 February 3, 2020. ___________________________________ GARY HINDERS, Mayor ATTEST: ___________________________________ GRETCHEN MERCER, City Clerk PAGE 2 OF 3  ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF RANDALL § This instrument was subscribed and acknowledged before me on the 3rd day of February, 2020, by GARY HINDERS, Mayor of the City of Canyon, Texas. ____________________________________ Notary Public, State of Texas AFTER RECORDING, RETURN TO: City of Canyon 301 16th Street Canyon, TX 79015 PAGE 3 OF 3  Exhibit "A" SERVICE PLAN This Service Plan has been prepared in accordance with Chapter 43 of the Texas Local Government Code. When the annexation is complete, all City services currently available to businesses and residences inside the city limits would be available to the proposed area to be annexed: Fire Protection Fire suppression will be available to the area immediately upon annexation. Primary fire response will be provided by the Canyon Fire Department located at 301 16th St. Adequate fire suppression services can be afforded to the annexed area within the current budget appropriation. All fire prevention activities will be provided by the Fire Marshal's Office as needed. Police Services Currently, the area is under the jurisdiction of the Randall County Sheriff's Office. However, upon annexation, the City of Canyon Police Department will extend regular and routine patrols to the area. It is anticipated that the implementation of police patrol activities can be effectively accommodated within the current budget and staff appropriation. Building Inspection The Planning and Development Department will provide enforcement upon annexation. Services include issuing building, electrical, mechanical, and plumbing permits for new construction and remodeling, along with enforcement of all other applicable codes which regulate building construction within the City of Canyon. Planning & Zoning The Planning and Development Department is responsible for regulating development and land use through the administration of the City of Canyon’s Zoning Ordinance. These services can be provided within the department’s current budget and will begin immediately upon annexation. Animal Control The Animal Control Department promotes and protects public safety and animal care through sheltering, pet placement programs, education, and animal law enforcement. These services can be provided within the department’s current budget and will begin immediately upon annexation. Streets & Drainage Currently no streets or drainage systems exist within the proposed area to be annexed. Public streets and drainage systems, if any, will be provided by developers at their own expense. All streets and drainage systems dedicated to public use will be installed to City specifications and inspected prior to acceptance. Once accepted, the City will perpetually maintain the public streets and drainage systems. This service can be provided for within the current budget of the department. Street Lighting The City of Canyon will coordinate any request for street lighting of public road ways with Xcel Energy in accordance with the City’s street lighting policy. Traffic Engineering The Public Works Department will be able to provide, additional traffic control devices needed, if any, within 12 months after the effective date of annexation. Water Service Water service is available directly adjacent to the area proposed for annexation. Developers will provide for the installation of water lines in accordance with the applicable codes and the City’s subdivision and utility extension ordinances. Upon acceptance, the system will become part of the public water system and be owned and maintained by the City. No additional system capacity is anticipated to be needed. Sanitary Sewer Service Sanitary sewer service is available directly to the area proposed for annexation. Developers will provide for the installation of sanitary sewer lines in accordance with all applicable codes and the City’s subdivision and utility extension ordinances. Lots not accessible to sanitary sewer will be served by On-Site Sanitary Sewerage Facilities as approved by the Amarillo Area Public Health District. Upon acceptance, the system will become part of the municipal sewer system and be owned and maintained by the City. No additional system capacity is anticipated to be needed. Solid Waste Services Solid waste collection service shall be provided to the area of annexation in accordance with the present ordinance. Service shall comply with existing City policies, beginning with the occupancy of structures. This service can be provided for within the current budget of the department. Miscellaneous All other applicable municipal services will be provided to the area in accordance with the City of Canyon’s established policies governing extension of services to newly annexed areas. This service plan has been prepared by the Planning and Development Department of the City of Canyon, with the assistance of other city departments, in conformance with Chapter 43 of the Texas Local Government Code and the City of Canyon Charter. Prepared and executed this ______ day of _______________, 2019  ND SURVEYOR LA S , AN I M FU NC R . SURVEYING · MAPPING · CONSULTING TEXAS · OKLAHOMA · NEW MEXICO KANSAS · COLORADO DARYL R. FURMAN, RPLS · DANIEL R. FURMAN, RPLS · DONALD R. FURMAN, RPLS CASEY A. MANN, RPLS · LANDON M. STOKES, RPLS HEATHER LYNN LEMONS, RPLS · KYLE L. BRADY, RPLS TEXAS FIRM #10092400 & 10092401 P.O. BOX 1416 · AMARILLO, TEXAS 79105 · (806) 374-4246 · FAX (806) 374-4248 P.O. BOX 464 · DUMAS, TEXAS 79029 · (806) 934-1405 · FAX (806) 934-1482  ANNEXATION CALENDAR Monday, December 9, 2019 Adopt Annexation Calendar Sunday, December 22, 2019 Publish Notice of Public Hearings in Canyon News Monday, December 23, 2019 Post annexation calendar on City of Canyon internet website, Notice to CISD, Randall County, Potter- Randall Appraisal District, Randall County Noxious Weed Control District, BSA EMS Friday, January 3, 2020 Post Notice of Public Hearings under the Texas Open Meetings Act Monday, January 6, 2020 Hold First Public Hearing (separate agenda item) Monday, January 6, 2020 Hold Second Public Hearing (separate agenda item) Friday, January 31, 2020 Post Notice of action upon proposed ordinance pursuant to the Texas Open Meetings Act Monday, February 3, 2020 Consider and act upon adoption of Annexation Ordinance REGARDING ITEM 8 AGENDA To: Joe Price, City Manager From: Danny Cornelius, Director of Planning and Development Date: January 6, 2020 Re: Conduct Second Public Hearing on Ordinance No. 1121 Annexing Property for Hunsley Substation Unit No. 1. Ordinance No. 1121 has been developed to annex property owned by Southwestern Public Service Company at the southwest corner of FM 2590 and Hunsley Road. The property is the future site of an Xcel Energy Substation. Ordinance No. 1121 will be presented February 3 for final action. This is the second of the 2 required public hearings. RECOMMENDED MOTION Public Hearing only, no motion / action required City of Canyon REGARDING ITEM 9 AGENDA To: Joe Price, City Manager From: Danny Cornelius, Director of Planning and Development Date: January 6, 2020 Re: Conduct Second Public Hearing on Ordinance No. 1122 Annexing Property for Canyon East. Ordinance No. 1122 has been developed to annex property owned by Kuhlman & Sons, LP. The property will be developed as an extension to the Canyon East Subdivision. Ordinance No. 1122 will be presented February 3 for final action. This is the second of the 2 required public hearings. RECOMMENDED MOTION Public Hearing only, no motion / action required City of Canyon  JANUARY 2020 Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 8 9 10 11 &LW\ &RPPLVVLRQ 0HHWLQJ 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31  FEBRUARY 2020 Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 8 &LW\ &RPPLVVLRQ 0HHWLQJ 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29