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 19th day of October 2020, in the Cole Community Center at 300 16th Street in the City of Canyon to discuss the following agenda items. If you plan to attend this meeting in person, there is a 75% capacity limit and social distancing and wearing a mask are practiced. The meeting is broadcast on YouTube. YouTube does provide closed captioning on the recorded video, it is not provided real-time. 1. Call to Order. 2. Invocation. 3. Pledge of Allegiance. 4. Approval of the Minutes of the Meeting of October 13, 2020. 5. Public Comment – Comments from Interested Citizens. 6. Consider and Take Appropriate Action on Update of Governor Greg Abbotts Executive Orders Directed at Slowing the Spread of COVID-19 in the State of Texas. 7. Conduct a Public Hearing and Consider and Take Appropriate Action on Ordinance No. 1131, Rezoning the Proposed Canyon East Unit No. 9 and an Adjacent Property to SF-V (Single-Family Village Residential District), SF-S (Single-Family Suburban Residential District), and RC-2 (Commercial District) from SF-A (Single-Family Agricultural Residential District). 8. First Reading of Resolution No. 25-2022, A Resolution of the City Commission of the City of Canyon Authorizing Participation by the Canyon Economic Development Corporation in the City of Canyon Downtown Master Plan Project. 9. First Reading of Resolution No. 27-2020, A Resolution of the City Commission of the City of Canyon Approving Project Funding Agreement Between Canyon Hospitality LLC dba Buffalo Motel and Canyon Economic Development Corporation Relating to Funding Building Improvements. 10. Consider and Take Appropriate Action on Pavement Grade Index Study. 11. Consider and Take Appropriate Action on City of Canyon Ethics Policy. 12. Executive Session Pursuant to §551.074 Personnel Matters (City Manager Annual Evaluation) and §551.071 Consultation with Attorney. 13. Consider and Take Appropriate Action on Items Discussed in Executive Session. 14. Adjourn Joe Price Joe Price, City Manager City of Canyon City Commission Meeting October 13, 2020 The City Commission of the City of Canyon met at 4:30 p.m. via Zoom and broadcast through YouTube. Mayor Gary Hinders presided over the meeting with the following Commissioners in attendance, Mayor Pro-Tem Cody Jones, Randy Ray, Roger Remlinger and Paul Lyons. Also present were the following City Staff: City Manager Joe Price, Assistant City Manager Jon Behrens, City Secretary Gretchen Mercer, IT Manager Shaun Holtman, Police Chief Steve Brush, Director of Finance Joel Wright, Library Director Janice Doan, Director of Public Works Dan Reese, Water Superintendent Eric Whitten, Planning and Development Director Danny Cornelius, City Engineer Dwight Brandt, and City Attorney Chuck Hester. Item 1. Call to Order. Mayor Hinders called the meeting to order at 4:32 p.m. Item 2. Invocation. Mayor Pro-Tem Jones gave the invocation. Item 3. Pledge of Allegiance. The Pledge of Allegiance was led by Commissioner Lyons. Item 4. Approval of the Minutes of the Meeting September 21, 2020. Commissioner Lyons moved, duly seconded by Mayor Pro-Tem Jones to approve the minutes of September 21, 2020 as presented. Motion carried unanimously. Item 5. Public Comment – Comments from Interested Citizens. No comments. Item 6. Consider and Take Appropriate Action on Update of Governor Abbots Executive Orders Directed at Slowing the Spread of COVID-19 in the State of Texas. City Manager Joe Price gave an update on COVID-19 in the area and the Executive Order currently in place from Texas Governor Greg Abbott. Mr. Price stated there are currently 3 employees in City Hall positive for COVID with a total of 8 employees quarantined at home. Mr. Price said with the current capacities at local hospitals, the City of Amarillo Public Health was moving back to Status Red for 2 weeks and would re-evaluate at that time. Mayor Hinders stressed the importance of everyone being cognizant of the situation and taking precautions, especially when attending sports activities and large gatherings. Informational only, no action required. Item 7. Presentation from the Cultural Foundation of the Texas Panhandle with WTAMU President Walter Wendler, President of the Texas Panhandle Heritage Foundation Board Mark Hodges, and President of the Panhandle Plains Historical Society Will Miller. City Commission Meeting October 13, 2020 Page 2 of 3 Dr. Wendler addressed the Commission and discussed the planned collaboration between WTAMU, Texas Panhandle Heritage Foundation and Panhandle Plains Historical Museum to bring the show TEXAS under the umbrella of WTAMU. Dr. Wendler stated this would create the position of one Executive Director to oversee the Texas Panhandle Heritage Foundation and Panhandle Plains Historical Museum and attract people from more diverse areas of the state bringing more culture to the Panhandle. Item 8. Consider and Take Appropriate Action on Bids Received for Hydro-Vacuum Excavator for the Water Division. Director of Public Works Dan Reese presented bids for a Hydro-Vacuum Excavator for consideration. Mr. Reese stated the Hydro-Vacuum Excavator had been budgeted in the 2020-2021 budget and included a trailer mounted vacuum excavator. Mr. Reese stated the excavator is used in small excavations, in confined spaces as well as used to excavate mains in after hour situations when you can’t wait for line locates. The excavator ensures virtually a damage free excavation to underground utilities in the same proximity. Mr. Reese said the current Hydro-Vacuum Excavator is commonly used by other departments within the city creating the need for a second machine. Mr. Reese stated bids were opened on September 15, 2020 with two bids received. BIDDER BID AMOUNT Vermeer $79,000 Ditch Witch $67,981 Mr. Reese said the Public Works Department recommended awarding the bid for purchasing the hydro-vacuum excavator to the low bidder Ditch Witch of Amarillo in the amount of $67,981.00 and funded through the Capital Equipment Fund with a 10 year amortization. After discussion, Commissioner Remlinger moved, duly seconded by Mayor Pro-Tem Jones to award the bid for purchase of the hydro-vacuum excavator to Ditch Witch of Amarillo in the amount of $67,981.00. Motion carried unanimously. . Item 9. Consider and Take Appropriate Action on Request to Accept the AXON Quote and Execute the Contract for the Purchase of Body Cameras and Conducted Energy Devices (tasers) by the Canyon Police Department. Chief of Police Steve Brush presented a request of approval for the purchase of AXON Body Cameras and tasers for the Canyon Police Department. Chief Brush stated the funds were budgeted in the 2020-2021 budget. Chief Brush said the AXON quote includes a 10-year agreement and the videos would be stored in an AXON supported Cloud and the equipment would be replaced biannually. After discussion, Mayor Pro-Tem Jones moved, duly seconded by Commissioner Ray to authorize Canyon Police Chief Steve Brush to accept and execute the contract with AXON Enterprise Inc. for the purchase of Body Cameras and tasers as requested. Motion carried unanimously. City Commission Meeting October 13, 2020 Page 3 of 3 Item 14. Executive Session Pursuant to §551.074 Board Appointments (Construction Advisory and Appeals Board), §551.072 Real Property and §551.071 Consultation with Attorney. Mayor Hinders indicated the Commission would adjourn into Executive Session at 5:26 p.m. Commissioner Remlinger left the meeting a 5:45 pm, Commissioner Lyons left the meeting at 6:40 pm. Item 15. Consider and Take Appropriate Action on Items Discussed in Executive Session. Upon returning from Executive Session at 7:07 p.m., the following action was taken. Mayor Pro-Tem Jones moved, duly seconded by Commissioner Ray to appoint Joe Paulk to the vacated seat of Louis Tejerina on the Construction Advisory and Appeals Board. Motion carried unanimously. Item 16. Adjourn There being no further business, Mayor Pro-Tem Jones moved this meeting be adjourned at 7:08 pm. ______________________________ Gary Hinders, Mayor ATTEST: ________________________________ Gretchen Mercer, City Secretary  GOVERNOR GREG ABBOTT FILED IN THE OFFICE OF THE SECRETARY OF STATE October 7, 2020 O’CLOCK The Honorable Ruth R. Hughs Secretary of State State Capitol Room 1E.8 Austin, Texas 78701 Dear Secretary Hughs Pursuant to his powers as Governor of the State of Texas, Greg Abbott has issued the following: Executive Order No. GA-32 relating to the continued response to the COVID-1 9 disaster as Texas reopens. The original executive order is attached to this letter of transmittal. 8 Clerk to the Governor Attachment POST OFFICE Box 12428 AUSTIN, TExAs 78711 512-463-2000 (VOICE) DIAL 7-1-1 FOR RELAY SERVICES  xrcufhir rbrr BY THE GOVERNOR OF THE STATE OF TEXAS Executive Department Austin, Texas October 7, 2020 EXECUTIVE ORDER GA32 Relating to the continued response to the COVID-19 disaster as Texas reopens. WHEREAS, I, Greg Abbott, Governor of Texas, issued a disaster proclamation on March 13, 2020, certifying under Section 418.014 of the Texas Government Code that the novel coronavirus (COVID- 19) poses an imminent threat of disaster for all counties in the State of Texas; and WHEREAS, in each subsequent month effective through today, I have renewed the disaster declaration for all Texas counties; and WHEREAS, I have issued executive orders and suspensions of Texas laws in response to COVTD-l 9, aimed at protecting the health and safety of Texans and ensuring an effective response to this disaster; and WHEREAS, I issued Executive Order GA-Os on March 19, 2020, mandating certain social-distancing restrictions for Texans in accordance with guidelines promulgated by President Donald I. Trump and the Centers for Disease Control and Prevention (CDC); and WHEREAS, I issued Executive Order GA-14 on March 31, 2020, expanding the social- distancing restrictions for Texans based on guidance from health experts and the President; and WHEREAS, I subsequently issued Executive Orders GA-16, GA-iS, GA-21, GA-23, and GA-26 from April through early June 2020, aiming to achieve the least restrictive means of combatting the threat to public health by continuing certain social-distancing restrictions, while implementing a safe, strategic plan to reopen Texas; and WHEREAS, as Texas reopens in the midst of COVID-19, increased spread is to be expected, and the key to controlling the spread and keeping Texas residents safe is for all Texans to consistently follow good hygiene and social-distancing practices, especially those set forth in the minimum standard health protocols from the Texas Department of State Health Services (DSHS); and WHEREAS, in June 2020, Texas experienced substantial increases in COVID-19 cases and hospitalizations, necessitating targeted and temporary adjustments to the reopening plan to achieve the least restrictive means for reducing the growing spread of COVLD-19 and the resulting imminent threat to public health, and to avoid a need for more extreme measures; and WHEREAS, I therefore issued Executive Orders GA-28 and GA-29 in late June and early FILED IN THE OFFICE OF THE SECRETARY OF STATE Vl— O’CLOCK OCT 072020 Governor Greg Abbott Executive Order GA-32 October 7, 2020 Page 2 July 2020, respectively, and amended Executive Order GA-28 by proclamation on July 2, 2020; and WHEREAS, due to improved medical treatments for COVID-19 patients, substantial increases in testing, abundant supplies of personal protective equipment, and Texans’ adherence to safe practices like social distancing, hand sanitizing, and use of face coverings, the spread of COVID- 19 and the number of new COVID- 19 cases and hospitalizations have steadily and significantly declined since late July; and WHEREAS, 1 therefore issued Executive Orders GA-3D and GA-3 1 on September 17, 2020, allowing additional reopening and non-essential medical surgeries and procedures in Texas, except in some areas with high hospitalizations as defined in those orders; and WHEREAS, as Texas continues to reopen, everyone must act safely, and to that end, this executive order and prior executive orders provide that all persons should follow the health protocols from DSHS, which whenever achieved will mean compliance with the minimum standards for safely reopening, but which should not be used to fault those who act in good faith but can only substantially comply with the standards in light of scarce resources and other extenuating COVD-19 circumstances; and WHEREAS, in the Texas Disaster Act of 1975, the legislature charged the governor with the responsibility “for meeting ...the dangers to the state and people presented by disasters” under Section 418.011 of the Texas Government Code, and expressly granted the governor broad authority to fulfill that responsibility; and WHEREAS, under Section 4 18.012, the “governor may issue executive orders hav[ing] the force and effect of law;” and WHEREAS, failure to comply with any executive order issued during the COVID-19 disaster is an offense punishable under Section 418.173 by a fine not to exceed $1,000, and may be subject to regulatory enforcement; NOW, THEREFORE, I, Greg Abbott, Governor of Texas, by virtue of the power and authority vested in me by the Constitution and laws of the State of Texas, and in accordance with guidance from the Commissioner of the Texas Department of State Health Services, Dr. John Hellerstedt, other medical advisors, the White House, and the CDC, do hereby order the following on a statewide basis effective at 12:01 a.m. on October 14, 2020: Every business establishment in Texas shall operate at no more than 75 percent of the total listed occupancy of the establishment; provided, however, that: 1. There is no occupancy limit for the following: a. any services listed by the U.S. Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (CISA) in its Guidance on the Essential Critical Infrastructure Workforce, Version 4.0 or any subsequent version; b. religious services, including those conducted in churches, congregations, and houses of worship; c. local government operations, including county and municipal governmental operations relating to licensing (including marriage licenses), permitting, recordation, and document-filing services, as determined by the local government; FILED IN THE OFFiCE OF THE SECRETARY OF STATE - 3 er- _O’CLOCK OCT 072020 Governor Greg Abbott Executive Order GA-32 October 7, 2020 Page 3 d. child-care services; e. youth camps, including but not limited to those defined as such under Chapter 14 of the Texas Health and Safety Code, and including all summer camps and other daytime and overnight camps for youths; f. recreational sports programs for youths and adults; g. any public or private schools, and any public or private institutions of higher education, not already covered above; h. drive-in concerts, movies, or similar events, under guidelines that facilitate appropriate social distancing, that generally require spectators to remain in their vehicles, and that minimize in-person contact between people who are not in the same household or vehicle; and i. the following establishments that operate with at least six feet of social distancing between work stations: cosmetology salons, hair salons, barber shops, nail salons/shops, and other establishments where licensed cosmetologists or barbers practice their trade; massage establishments and other facilities where licensed massage therapists or other persons licensed or otherwise authorized to practice under Chapter 455 of the Texas Occupations Code practice their trade; and other personal-care and beauty services such as tanning salons, tattoo studios, piercing studios, hair removal services, and hair loss treatment and growth services. 2. In areas with high hospitalizations as defined below, any business establishment that otherwise would have a 75 percent occupancy or operating limit may operate at up to only 50 percent. This paragraph does not apply, however, to business establishments located in a county that has filed with DSHS, and is in compliance with, the requisite attestation form promulgated by DSHS regarding minimal cases of COVTD-19. “Areas with high hospitalizations” means any Trauma Service Area that has had seven consecutive days in which the number of COVID- 19 hospitalized patients as a percentage of total hospital capacity exceeds 15 percent, until such time as the Trauma Service Area has seven consecutive days in which the number of COVID- 19 hospitalized patients as a percentage of total hospital capacity is 15 percent or less. A current list of areas with high hospitalizations will be maintained at www.dshs.texas.gov/ga303 1. 3. Except as provided below by paragraph No. 5, there is no occupancy limit for outdoor areas, events, and establishments, with the exception of the following outdoor areas, events, or establishments that may operate at no more than 75 or 50 percent, as applicable, of the normal operating limits as determined by the owner: a. amusement parks; b. water parks; c. swimming pools; d. museums and libraries; and e. zoos, aquariums, natural caverns, and similar facilities. 4. All indoor and outdoor professional, collegiate, and similar sporting events, including rodeos and equestrian events, shall remain limited to 50 percent of the normal operating limits as determined by the owner. 5. For any outdoor gathering in excess of 10 people, including rafting, tubing, and related services, other than those set forth above in paragraph Nos. 1, 3, or 4, the gathering is prohibited unless the mayor of the city in which the gathering is held, or the county judge in the case of a gathering in an unincorporated area, approves of the gathering, and such approval can be made subject to certain conditions or restrictions not inconsistent with this executive order. FILED IN THE OFCE C SECRETARY OF STAlE - rr’- O’CLOCK OCT 0? 2020 Governor Greg Abbott Executive Order GA-32 October 7, 2020 Page 4 6. Restaurants that have less than 5 1 percent of their gross receipts from the sale of alcoholic beverages, and whose customers eat or drink only while seated, may offer dine-in services. 7. Bars or similar establishments that hold a permit from the Texas Alcoholic Beverage Commission (TABC), and are not restaurants as defined above in paragraph No. 6, may offer on-premises services only as described by this paragraph. A bar or similar establishment may offer on-premises services at up to 50 percent of the total listed occupancy of the establishment tf a. the bar or similar establishment is not in an area with high hospitalizations as defined above, and the county judge of the county in which the bar or similar establishment is located files the requisite form with TABC; or b. the bar or similar establishment is in an area with high hospitalizations as defined above, but is located in a county that has filed with DSHS, and is in compliance with, the requisite attestation form promulgated by DSHS regarding minimal cases of COVID-19, and the county judge of the county in which the bar or similar establishment is located also files the requisite form with TABC. Patrons at bars or similar establishments operating under this paragraph may eat or drink only while seated, except that in an establishment that holds a permit from TABC as a brewer, distiller/rectifier, or winery, customers may sample beverages while standing so long as they are in a group of six people or fewer and there is at least six feet of social distancing or engineering controls, such as partitions, between groups. Where applicable, this 50 percent occupancy limit applies only indoors; the limit does not apply to outdoor areas, events, or establishments, although social distancing and other protocols must be followed. People shall not visit bars or similar establishments that are located in counties not included in parts (a) or (b) above. A current list of all counties reopening under this paragraph will be maintained on TABC’s website. The use by bars or similar establishments of drive-thru, pickup, or delivery options for food and drinks remains allowed to the extent authorized by TABC. 8. For purposes of this executive order, facilities with retractable roofs are considered indoor facilities, whether the roof is opened or closed. 9. Staff members are not included in determining operating levels, except for manufacturing services and office workers. 10. Except as provided in this executive order or in the minimum standard health protocols recommended by DSHS, found at www.dshs.texas.gov/coronavirus, people shall not be in groups larger than 10 and shall maintain six feet of social distancing from those not in their group. 11. People over the age of 65 are strongly encouraged to stay at home as much as possible; to maintain appropriate distance from any member of the household who has been out of the residence in the previous 14 days; and, if leaving the home, to implement social distancing and to practice good hygiene, environmental cleanliness, and sanitation. 12. In providing or obtaining services, every person (including individuals, businesses, and other legal entities) should use good-faith efforts and available resources to follow the minimum standard health protocols recommended by DSHS. 13. Nothing in this executive order or the DSHS minimum standards precludes requiring a customer to follow additional hygiene measures when obtaining FILED IN THE OFFICE OF THE SECRETARY OF STATE - 3-’k-, O’CLOCK Ocr 0? 2020 Governor Greg Abbott Executive Order GA-32 October 7, 2020 Page 5 services. 14. People may visit nursing homes, state supported living centers, assisted living facilities, or long-term care facilities as determined through guidance from the Texas Health and Human Services Commission (HHSC). Nursing homes, state supported living centers, assisted living facilities, and long-term care facilities should follow infection control policies and practices set forth by HHSC, including minimizing the movement of staff between facilities whenever possible. 15. Public schools may operate as provided by, and under the minimum standard health protocols found in, guidance issued by the Texas Education Agency (TEA). Private schools and institutions of higher education are encouraged to establish similar standards. Notwithstanding anything herein to the contrary, the governor may by proclamation add to the list of establishments or venues that people shall not visit. This executive order shall supersede any conflicting order issued by local officials in response to the COVID- 19 disaster, but only to the extent that such a local order restricts services allowed by this executive order, allows gatherings prohibited by this executive order, or expands the list or scope of services as set forth in this executive order. Pursuant to Section 418.016(a) of the Texas Government Code, I hereby suspend Sections 418.1015(b) and 418.108 of the Texas Government Code, Chapter 81, Subchapter E of the Texas Health and Safety Code, and any other relevant statutes, to the extent necessary to ensure that local officials do not impose restrictions in response to the COVID-19 disaster that are inconsistent with this executive order, provided that local officials may enforce this executive order as well as local restrictions that are consistent with this executive order. All existing state executive orders relating to COVID-19 are amended to eliminate confinement in jail as an available penalty for violating the executive orders. To the extent any order issued by local officials in response to the COVID-19 disaster would allow confinement in jail as an available penalty for violating a COVID-19-related order, that order allowing confinement in jail is superseded, and I hereby suspend all relevant laws to the extent necessary to ensure that local officials do not confine people in jail for violating any executive order or local order issued in response to the COVID-19 disaster. This executive order supersedes Executive Order GA-30, but does not supersede Executive Orders GA-lU, GA-13, GA-17, GA-24, GA-25, GA-29, or GA-31. This executive order shall remain in effect and in full force unless it is modified, amended, rescinded, or superseded by the governor. This executive order may also be amended by proclamation of the governor. Given under my hand this the 7th day of October, 2020. GREG Governor FILED tN THE OFFICE OF THE SECRETARY OF STATE 1’OCLOCK ocr 0? 2020 Governor Greg Abbott Executive Order GA-32 October 7, 2020 Page 6 ATTEST BY: UTH R. HUGHS Secretary of State FILED IN THE OFFICE OF THE SECRETARY OF STATE -v1- O’CLOCK OCT 0? 2020 REGARDING ITEM 7 AGENDA To: Joe Price, City Manager From: Danny Cornelius, Director of Planning and Development Date: October 19, 2020 Re: Conduct a Public Hearing and Consider and Take Appropriate Action on Ordinance No. 1131, Rezoning the Proposed Canyon East Unit No. 9 and an Adjacent Property to SF-V (Single-Family Village Residential District), SF-S (Single-Family Suburban Residential District), and RC-2 (Commercial District) from SF-A (Single-Family Agricultural Residential District). Daryl Furman, representing, Kuhlman and Sons, LP has submitted an application for a change of zoning for the proposed Canyon East Unit No. 9. They have requested SF-V (Single-Family Village Residential District) for Lots 1 – 15 and SF-S (Single-Family Suburban Residential District) for Lots 16 - 20. They have also requested that the adjacent property, which would remain un-platted at this time, be zoned RC-2 (Commercial District). The properties are currently zoned SF-A (Single-Family Agricultural Residential District). These properties were annexed as SF-A (Single-Family Agricultural Residential District) which is intended for principally undeveloped land and agricultural uses. Letters were sent to 24 property owners within 200’ of the request. Responses were received from 3 property owners within 200’. All were opposed to the request. Also attached, following the 3 within 200’, are responses from 24 property owners not within 200’ of the request. The Planning and Zoning Commission voted unanimously to recommend approval of the SF-S zoning request and to recommend denial of the SF-V and RC-2 zoning requests. RECOMMENDED MOTION “I move to adopt/deny Ordinance No. 1131 for rezoning the proposed Spring Canyon Unit No. 9”. City of Canyon  AND SURVEYOR L 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 CHASE ROME, SIT 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 2026279Z – Description of tract to be zoned RC-2 A 5.14+/- acre tract of land out of Section 111, Block 6, I. & G.N. RR. Co. Survey, Randall County, Texas, being described by metes and bounds as follows: BEGINNING at the Southwest corner of Canyon East Unit No. 3; THENCE N. 56° 34’ 08” E. 199.04 feet along the Southern boundary of said Canyon East Unit No. 3 to the beginning of a curve to the right whose center bears S. 33° 25’ 52” E. 270.00 feet. THENCE Northeasterly 118.66 feet along said curve to the right to a point; THENCE S. 00° 10’ 15” E. 122.32 feet to a point; THENCE N. 89° 49’ 45” E. 488.09 feet to a point; THENCE S. 44° 19’ 54” W. 184.69 feet to a point; THENCE N. 70° 27’ 46” W. 116.23 feet to a point; THENCE S. 56° 34’ 08” W. 428.29 feet to a point in the Northeasterly Right-of-Way line of Interstate Highway 27; THENCE N. 34° 01’ 26” W. 474.47 feet along the Northeasterly Right-of-Way line of Interstate Highway 27 to the PLACE OF BEGINNING and containing 5.14 acres of land, more or less; Map Data displayed were gathered 09/24/20 15:30 by the City of Canyon for municipal purposes. No guarantee is made regarding suitability for any other use or purpose.  Planning and Zoning Commission Meeting Minutes – October 12, 2020 The Planning and Zoning Commission of the City of Canyon in the City Commission Chambers of the Civic Complex. Chairman Bill Craddock presided over the meeting with the following Commissioners in attendance: Jeremy Bradford, Bryant Coon, Charles Munger, Roger Mitchell, and Joel Enriquez. Larry Raemakers, Mandy Williams, and Lori Wilhite were unable to attend. City Manager Joe Price, City Attorney Chuck Hester, Director of Public Works Dan Reese, Community Development Director Evelyn Ecker, and Director of Planning and Development Danny Cornelius were also present. Item 1: Call to Order. Chairman Craddock called the meeting to order at 4:09 pm. Item 2: Approval of the Minutes from the July 13, 2020 Meeting. Commissioner Munger moved, duly seconded by Commissioner Enriquez, to approve the minutes from the July 13, 2020 meeting. The motion passed unanimously. Item 3: Hold Nominations and Elect a Vice-Chair. Chairman Craddock opened the floor to nominations for Vice-Chair. Commissioner Munger nominated Commissioner Bradford. Commissioner Mitchell moved that nominations cease. Commissioner duly seconded the motion. Commission Bradford was elected to Vice-Chair unanimously. Item 4: Conduct a Public Hearing and Consider and Take Appropriate Action on Rezoning the Proposed Canyon East Unit No. 9 and an Adjacent Property to SF-V (Single-Family Village Residential District), SF-S (Single-Family Suburban Residential District), and RC-2 (Commercial District) from SF-A (Single-Family Agricultural Residential District). Daryl Furman, representing, Kuhlman and Sons, LP submitted an application for a change of zoning for the proposed Canyon East Unit No. 9. They have requested SF-V (Single-Family Village Residential District) for Lots 1 – 15 and SF-S (Single-Family Suburban Residential District) for Lots 16 - 20. They have also requested that the adjacent property, which would remain un-platted at this time, be zoned RC-2 (Commercial District). The properties are currently zoned SF-A (Single-Family Agricultural Residential District). Letters were sent to 24 property owners within 200’ of the request. Responses were received from 3 property owners within 200’. All were opposed to the request. Responses were also received from 24 property owners not within 200’. Chairman opened the public hearing at 4:15 pm. Joe Shehan spoke representing the developers. He described the plan for 20 residential lots, with 15 SF-V zoned lots and most being 55’ wide. The remaining residential lots would be zoned SF-S and 65’ wide or larger. The RC-2 zoned area would be intended for office use. Planning and Zoning Commission Meeting October 12, 2020 Page 2 of 3 Courtney Wiggins spoke in opposition to the request. She had concerns with ingress/egress for the RC-2 area and outside traffic through the subdivision. She stated she would propose RC-1 (Retail District) over the RC-2 zoning. Kimberly Sharber of 64 Canyon East Parkway spoke in opposition to the request. She had concerns that once the area is zoned RC-2, it could be used for anything allowed in the district by the Zoning Ordinance, not just an office. She also had concerns about services, water pressure, traffic, mobile (manufactured) homes, and pedestrian safety. Debra James spoke in opposition to the request. She had had concerns about traffic, safety, trailer parks, and crime. She stated she was told there was no plan for additional development in Canyon East when she bought her home. She stated she was opposed to the RC-2 and SF-V zoning. Danny Potter of 2 Quay Lane spoke in opposition to the request. His primary concern was if the developers could be trusted to do what they propose. He stated he opposed the RC-2 zoning. Chairman Craddock closed the public hearing at 4:40 pm. Commissioner Enriquez asked Joanna Campbell her opinion of the 3 zoning requests. She stated she was primarily opposed to the commercial zoning. She stated she was told that the developer would not install any more roads or homes behind Canyon East Parkway. Gary Kuhlman stated that, as the developers, they thought at some point they would not have access to adequate water and sewer, but they never claimed they would not develop further. He stated that they would not allow mobile (manufactured) homes in the subdivision. Joe Shehan stated that the developers would be willing to drop the RC-2 zoning request for the time being. He stated that the value of the SF-V lots would not be conducive to mobile (manufactured) homes. He added that mobile (manufactured) homes would be prohibited by deed restrictions. Several residents voiced concerns with the RC-2 zoning and the possibility of manufactured homes in the SF-V zone. Commissioner Enriquez stated it was his understanding that there exists, further north in Canyon East, structures similar in size, type, and formation to what is being proposed in the SF-V zone. He asked Joe Shehan if that was correct. Mr. Shehan stated that was accurate. The following submitted public comment cards to Chairman Craddock noting they did not wish to speak, but asked to be recorded in opposition to the requests: Jean Penny – 48 Canyon East Parkway – opposed to RC-2, supports SF-S and SF-V Joanna Campbell – 39 Canyon East Parkway Ashley Hernandez – 36 Neely Lane Juan Carlos Hernandez – 36 Neely Lane Luke Stout – 15 William Lane Rita Niles – 12 Quay Lane Philip Niles – 12 Quay Lane Planning and Zoning Commission Meeting October 12, 2020 Page 3 of 3 Mark Weeks – 15 Sandra Lane Lanell Kendrick – 6 William Lane Tessa Spargo – 18 Neely Lane Phyllis Leetsch – 24 Sandra Lane Sheila Hunley – 36 Canyon East Parkway Johnny Hunley – 36 Canyon East Parkway Heather Peoples – 64 Nicci Lane Tonya Tyler – 11 Nicci Lane After discussion, Commissioner Enriquez made a motion to recommend approval of the SF-S (Single- Family Suburban Residential District) Zoning and denial of the SF-V (Single-Family Village Residential District) and RC-2 (Commercial District) Zoning requests with consideration for extended lot width to conform to an SF-S along CM Lane. The motion was duly seconded by Roger Mitchell. The motion passed unanimously. Item 5: Consider and Take Appropriate Action on a Plat for Canyon East Unit No. 9. Due to the denial of the zoning request, the plat was not considered. Item 6: Adjourn. Chairman Craddock adjourned the meeting at 5:20 pm. Bill Craddock, Chairman Planning and Zoning Commission ATTEST: Gretchen Mercer, City Clerk  ORDINANCE NO. 1131 Canyon East Unit No. 9 Zoning AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS, REZONING A PORTION OF FUTURE CANYON EAST UNIT NO. 9, 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. WHEREAS, the Planning and Zoning Commission conducted a public hearing on October 12, 2020 for the purpose of considering rezoning certain properties situated in the City of Canyon. All owners of property within 200 feet, as indicated by the most recently approved municipal tax roll of real estate property, were given written notification, and opportunity to be heard, and proper notice by publication was given through the local newspaper in accordance with City Charter provisions, the Code of Ordinances and the Texas Local Government Code; and WHEREAS, the Planning and Zoning Commission has recommended rezoning the properties from SF-A (Single-Family Agricultural Residential District) to SF-V (Single-Family Village Residential District) and SF-S (Single-Family Suburban Residential District); and WHEREAS, the City Commission conducted a public hearing at its regular meeting and considered the recommendation by the Planning and Zoning Commission for rezoning; and WHEREAS, the passage, promulgation, and enforcement of the provisions herein contained are deemed necessary and advisable for the promotion of the general welfare of the community to carry out the governmental powers delegated to and possessed by the City of Canyon; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS: SECTION 1 The City Commission, at its public hearing, reviewed the request and the circumstances of the area and it concurs with the recommendation of the Planning and Zoning Commission regarding zoning for the properties in question. SECTION 2 That Lots 16 through 20, Block 12, Canyon East Unit No. 9 are hereby zoned SF-S (Single-Family Suburban Residential District). SECTION 3 That this Zoning classification be posted upon the Zoning District maps of the City of Canyon and filed with the City Secretary and Building Inspector of the City of Canyon. SECTION 4 That all ordinances that are in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City of Canyon not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 5 Should any paragraph, sentence, subdivision, clause, phrase, or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part of provision thereof, other than the part so declared to be invalid, illegal or unconstitutional. SECTION 6 This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law in such cases provides. DULY PASSED BY THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS, on the 19th day of October, 2020. APPROVED: _______________________ Gary Hinders, Mayor ATTESTED TO: _________________________ Gretchen Mercer, City Clerk REGARDING ITEM 8 AGENDA To: Joe Price, City Manager From: Evelyn Ecker, Executive Director, CEDC Date: October, 19, 2020 Re: First Reading of Resolution No. 25-2020 With Regards to Funding A Partnership with the City of Canyon to Assist with the Downtown Master Plan. During the September 10, 2020 meeting, the Canyon Economic Development Corporation approved $50,000 in funding to assist with the Downtown Master Plan implementation and to augment the grant for the project. The grant funds are not intended to supplement municipal expenditures for infrastructure improvement, but are provided to enhance the appearance and aesthetics of the downtown retail business district A Public Hearing was held Thursday, October 8, 2020 during the CEDC meeting. No one spoke in opposition of funding for the project. This is not an action item. Second and Final Reading to adopt the resolution will be November 2, 2020. City of Canyon  RESOLUTION NO. 25-2020 RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON AUTHORIZING PARTICIPATION BY THE CANYON ECONOMIC DEVELOPMENT CORPORATION IN THE CITY OF CANYON DOWNTOWN MASTER PLAN PROJECT WHEREAS, the City of Canyon has applied for grant funding to undertake a project for improvements to the downtown business district ,known as the “Downtown Master Plan”; and, WHEREAS, the Board of Directors of the Canyon Economic Development Corporation has voted, following a public hearing, to participate in the Downtown Master Plan by contributing an amount not to exceed $50,000.00 to the project; and, WHEREAS, the sales tax revenue collected pursuant to the Development Corporation Act, TEX. LOC. GOV'T CODE CHAPTERS 501-505, (“the Act”) may be used for the purposes of the project upon City Commission approval; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CANYON; SECTION 1: The participation of the CEDC in the Downtown Master Plan project is approved and may be funded through use of sales tax revenues on hand in the “Sales Tax Improvement Fund” (fund 40). SECTION 2: The maximum contribution to the project by CEDC is $50,000.00 to be disbursed as the project progresses upon request of the City Manager. Page 1 of 2 READ in accordance with TEXAS LOCAL GOVERNMENT CODE §505.158 with a quorum of the City Commission duly and lawfully assembled and at a public meeting properly called and noticed in accordance with the Texas Open Meetings Act, on the first (1st) reading, on the 19th of October, 2020. CITY OF CANYON, TEXAS ________________________________ GARY HINDERS, Mayor ATTEST: ______________________________ Gretchen Mercer, City Secretary RESOLUTION PASSED AND ADOPTED by the City Commission of the City of Canyon, Texas, with a quorum of the City Commission duly and lawfully assembled and voting and at a public meeting properly called and noticed in accordance with the Texas Open Meetings Act, on the second (2nd) and final reading, on the 2nd day of November , 2020. CITY OF CANYON, TEXAS ________________________________ GARY HINDERS, Mayor ATTEST: ______________________________ Gretchen Mercer, City Secretary Page 2 of 2 REGARDING ITEM 9 AGENDA To: Joe Price, City Manager From: Evelyn Ecker, Executive Director, CEDC Date: October, 19, 2020 Re: First Reading of Resolution No. 27-2020 With Regards to an Agreement Between the CEDC and Canyon Hospitality LLC. Partnership for Direct Financial Assistance for Property Improvements. During the September 10, 2020 meeting, the Canyon Economic Development Corporation approved $40,000 in funding to assist with renovations and improvements at the Buffalo Motel, 300 23rd Street, Canyon. A Public Hearing was held Thursday, October 8, 2020 during the CEDC meeting. No one spoke in opposition of funding for the project. This is not an action item. Second and Final Reading to adopt the resolution will be November 2, 2020. City of Canyon  CANYON ECONOMIC DEVELOPMENT CORPORATION PROJECT FUNDING AGREEMENT CANYON HOSPITALITY LLC DBA BUFFALO MOTEL This agreement is made by and between the CANYON ECONOMIC DEVELOPMENT CORPORATION (“CEDC”), a Texas non-profit corporation duly organized and existing pursuant to the TEXAS DEVELOPMENT CORPORATION ACT and CANYON HOSPITALITY LLC dba BUFFALO MOTEL, a Texas Limited Liability Company (hereinafter referred to as “Second Party.”) 1. The purpose of this agreement is to facilitate the proper use of funds held and administered by the CEDC, a tax supported non-profit corporation whose primary income is from sales tax collected within the City of Canyon and dedicated exclusively to economic development. The sales tax supporting CEDC is authorized as a local option under Chapter 504 and 505 TEX. LOC. GOV’T CODE, formerly TEX. REV. CIV. STAT. ART. 5190.6 §4B, the primary purpose of which is the developing, stabilizing, diversifying, and expanding the economy through the retention, recruitment, expansion and employment opportunities of the citizens of Canyon and the surrounding area and to enhance the quality of life of the citizens of Canyon and the surrounding area. 2. The project and performance requirements to be implemented by means of this agreement are described as follows: a. Second Party agrees to make improvements to the exterior of its building in accordance with plans approved by CEDC. b. Property located at 300 23rd Street, Canyon, Texas c. All improvements contemplated by this agreement shall be constructed in accordance with written plans and specifications and approved by CEDC. d. Second Party will remain in business in Canyon for a period of five (5) years from the date of initial funding by CEDC engaged in a retail business which collects and remits sales tax and hotel occupancy tax on retail sales to the public. Retail business means a business that collects sales tax and remits sales tax as defined in the North American Industry Classification System (NAICS) which is incorporated by reference. e. Should any part of the financial incentives provided by CEDC be used by Second Party to purchase furniture, fixtures or equipment, CEDC shall have a lien pursuant to Chapter 9 of the TEXAS BUSINESS AND COMMERCE CODE on all such property which shall attach at the moment of purchase and shall extend to proceeds and after acquired property. CEDC as secured party may at any time file a financing statement to perfect its security interest in the collateral to secure the obligations of Second Party hereunder. Project Funding Agreement – Canyon Hospitality LLC dba Buffalo Motel Page 1 of 8 3. CEDC will provide the following cash incentives if Second Party is not in default hereunder as follows: a. $40,000 payable in full upon completion of improvements to the exterior of the hotel. b. All other terms and provisions of this agreement notwithstanding, the obligations of the parties hereto are expressly made contingent upon the following: i. approval of the financial incentives by the CEDC Board; ii. approval of the financial incentives by the Canyon City Commission; iii. compliance with the requirements of the TEXAS DEVELOPMENT CORPORATION ACT; and, iv. provided that all obligations of CEDC hereunder shall terminate if Second Party fails to qualify for funding of financial incentives within 12 months from the date this agreement is signed by Second Party (the effective date). 4. The failure of Second Party to fully and timely comply with any performance requirement shall be an act of default by Second Party which shall entitle the CEDC to suspend further funding and, at its option, to terminate this agreement by written notice delivered pursuant to paragraph 9. In such event, all financial incentives provided by CEDC to Second Party shall be repaid to CEDC upon demand. 5. Second Party agrees to undertake the following actions in order to accomplish the project: a. Comply at all times with the requirements of paragraph 2 of this agreement during the term of this agreement. b. Permit an audit by the CEDC of the books and financial records of Second Party, to determine whether Second Party is in compliance with this agreement. c. Permit periodic inspection of improvements to the property described in Paragraph 2 if any part of the funding or financial incentives is used to improve real property. 6. Second Party makes the following covenants and warranties to the CEDC and agrees to timely and fully perform the following obligations and duties: a. Any false or substantially misleading statement contained herein or the failure of Second Party to comply and fully perform as required in this agreement shall be an act of default by Second Party. Failure to comply with any covenant or warranties shall constitute an act of default and entitle the CEDC to suspend further funding and at its option to terminate this agreement by written notice in accordance with paragraph 9 below. b. Second Party is authorized to do business in Texas, is in good standing in the State of Texas and shall remain in good standing in the State of Texas during the term of this agreement. Project Funding Agreement – Canyon Hospitality LLC dba Buffalo Motel Page 2 of 8  c. The execution of this agreement has been duly authorized by the governing body of Second Party and all necessary corporate approvals have been obtained. Second Party’s designated agent or officer executing this agreement is duly authorized and empowered to execute this agreement and bind Second Party to the covenants, warranties and other terms of this agreement. Second Party’s execution of this agreement and the performance thereof is not contrary to any law, rule, regulation, or provisions of Second Party’s organizational documents or any contract, instrument, or agreement to which Second Party is a party or by which it may be bound at the time this agreement is executed. The necessary authority for the agent whose signature that appears below is evidenced by a resolution or certificate furnished to CEDC or attached to this agreement. d. No litigation or governmental proceeding is pending or to the knowledge of Second Party is contemplated or threatened against Second Party or affecting its operations or business that may result in any material or adverse change in Second Party’s business, properties, or operations. To Second Party’s knowledge, no additional consent, approval, or authorization of a governmental entity or other authority is required in connection with the execution and performance of this agreement or the transactions contemplated hereby. e. To Second Party’s knowledge no certificate or statement delivered by Second Party to CEDC in connection with this agreement or any transaction contemplated by this agreement contains any untrue statement or fails to state the facts necessary to keep the statements contained therein from being misleading or false. f. There are no bankruptcy proceedings or other legal proceedings currently pending or contemplated affecting the Second Party. The Second Party has not been informed of any intent to initiate involuntary bankruptcy proceedings against Second Party. g. To its knowledge Second Party has acquired and maintained all necessary rights, licenses, permits, and authority to carry on its business in Texas and to perform the terms of this agreement and will continue to use its best efforts to maintain all necessary rights, licenses, and permits in current status and good standing. h. The funds provided by CEDC shall be utilized solely for the purpose of the project as stated in this agreement and within the scope of the project as stated in this agreement and for no other purpose. i. Second Party shall pay all taxes and assessments due and owing to all taxing authorities having jurisdiction over Second Party’s property and business operations. In addition, Second Party shall timely pay all employment, income, franchise, and other taxes due and owing by Second Party to all local, state, and federal entities. Project Funding Agreement – Canyon Hospitality LLC dba Buffalo Motel Page 3 of 8  j. Second Party shall complete the project required by this agreement and shall provide the necessary staff and employees for the completion and performance of this agreement. k. Second Party shall timely and fully perform and comply with all terms and conditions of this agreement. l. Upon written request of CEDC Second Party shall notify CEDC in writing of substantial changes in the management of Second Party within seven (7) days. Substantial changes shall mean changes in executive officers, board members, or managers. m. The Second Party agrees that with regard to all activities arising out of this agreement, the Second Party shall fully comply with all civil rights acts and specifically will not discriminate against any person upon the basis of race, color, national origin, gender, or by reason of being disabled. 7. The CEDC, under the following circumstances and at the sole discretion of its board of directors, may suspend the obligations under this agreement or may terminate this agreement without liability to the CEDC upon: a. The filing of bankruptcy proceedings or the appointment of a receiver of Second Party or any part of its assets or property and failure of such bankruptcy or receivership to be discharged within sixty (60) days of filing. b. The adjudication of Second Party as a bankrupt. c. A change in ownership of Second Party which constitutes a material change in the nature of Second Party’s business and operations. 8. Second Party agrees to the following reports and monetary requirements in connection with the project: a. Second Party shall provide periodic reports as requested by the CEDC. b. During normal business hours, Second Party shall allow a representative of the CEDC reasonable access to its books and records to verify compliance with this agreement. CEDC agrees to maintain the confidentiality of such records. Information shall be used only for the purpose of administering the funding provided by CEDC pursuant to this agreement and for no other purpose; provided however, CEDC may, if required by legal process or at the direction of the office of the Attorney General provide such documentation to a third party as is required by the Attorney General or pursuant to such legal process. 9. Should Second Party fail to timely, fully, and completely comply with any one or more of the requirements, obligations, duties, terms, and conditions or warranties of this agreement such failure shall constitute an act of default by Second Party and, if not fully and completely cured within 60 days after written notice by CEDC to Second Party, the CEDC Project Funding Agreement – Canyon Hospitality LLC dba Buffalo Motel Page 4 of 8  may terminate this agreement and pursue any legal remedies existing under the law; provided however, that Second Party’s liability under this agreement shall be limited to the immediate return by Second Party of all funds or other economic incentives provided by the CEDC and any consideration previously paid to Second Party by the CEDC. The rate of interest on all funds paid by the CEDC to Second Party subject to refund shall be 6% per annum from the date of default. In the event CEDC should prevail in any litigation to recover funds pursuant to this paragraph, the CEDC shall, in addition to all other damages provided by this paragraph, be entitled to recover reasonable attorney’s fees and expenses of litigation. 10. In the event of unforeseeable delays, in the performance of this agreement by Second Party, or force majeure, and upon a reasonable showing by Second Party that it has immediately and in good faith commenced and is diligently and continuously pursuing the correction, removal, or abatement of such delays by using its best efforts, CEDC may consent and excuse any such delay. The failure by Second Party to continuously and diligently pursue compliance shall constitute an act of default. 11. Any delay by the CEDC in providing notice of default to Second Party, shall in no event be deemed or constitute a waiver of such default by CEDC or waiver of any of its rights and remedies available under this agreement or at law or in equity. 12. Any waiver provided by CEDC to Second Party of an act of default shall not be deemed to constitute a continuing waiver or a waiver of any other existing or future act of default by Second Party even if the act or default is of the same or a similar nature. 13. Second Party specifically agrees that CEDC shall only be liable to Second Party for the amount of money actually budgeted and committed to the project described in this agreement. CEDC shall not be liable or held responsible for any other direct or indirect costs, attorney’s fees, court costs, actual or consequential damages, direct or indirect, for any act of default by CEDC under the terms of this agreement. It is further stipulated and agreed that CEDC shall only be required to pay the amount of the project cost out of its sales tax revenues held and administered pursuant to the Development Corporation Act for the fiscal year in which the funding under this agreement is due together with unencumbered funds then on hand and from no other source. It is specifically agreed however, that in the event actual total sales tax revenues collected by CEDC for any year during which this agreement is to be performed should be less than the total amount of all grants to all contracting parties for that year, then in that event, CEDC shall fund projects in the order the grants were awarded after payment of CEDC’s usual administrative cost and expenses. All contracting parties shall receive only their share of the available sales tax revenue for that year, less CEDC’s customary and usual administrative costs and expenses and CEDC shall not be liable to any contracting party for any deficiency for that time or in the future. In the event of such revenue shortfall, CEDC will provide written notice to all contracting parties affected by the revenue shortfall along with such documentation as will allow the contracting party to ascertain their share of the funding to be provided. Project Funding Agreement – Canyon Hospitality LLC dba Buffalo Motel Page 5 of 8 14. This agreement incorporates the entire agreement of the parties hereto and supersedes any oral or written previous and contemporaneous agreements between the parties relating to the matters covered by this agreement. Except as otherwise provided herein, this agreement cannot be modified or amended without a written agreement of the parties. 15. No term or provision of this agreement or an act of the CEDC in the performance of this agreement shall be construed as making or constituting Second Party or its employees, or agents, partners of the CEDC or employees of the CEDC. This contract shall not benefit any third party not a direct party to this agreement. 16. The termination of this agreement as provided herein may be upon mutual agreement of the parties or pursuant to the provisions hereof relating to default. The termination of this agreement either by mutual agreement or by notice served by the CEDC shall extinguish all rights, duties, and obligations of the CEDC and Second Party except as provided herein. 17. This agreement may be executed in a number of identical counterparts each of which shall be deemed an original upon execution and shall constitute the same instrument. 18. This agreement is made pursuant to the laws of the State of Texas and shall be governed and interpreted under the laws of the State of Texas without regard to any conflict of laws provision. Venue in any litigation arising out of the execution or performance of this agreement shall be in the court of appropriate jurisdiction in Randall County, Texas and in no other Venue. Second Party, by signing this agreement, consents to and waives any objections to in personam jurisdiction in Randall County, Texas. 19. In the event one or more of the provisions contained in this agreement should, for any reason, be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions of this agreement. This agreement shall be construed as if such invalid, illegal, or unenforceable provision had not been contained herein. 20. This agreement is subject to all legal requirements contained in the Municipal Charter of the City of Canyon and Code and Ordinances of the City of Canyon and all other applicable state and federal laws and regulations. Second Party agrees that, in compliance with this agreement, it will promptly comply with all applicable laws, regulations, orders, and rules of the state, city, and other governmental entities. 21. This agreement shall be binding upon the parties hereto, their successors, and (where permitted) assigns. This agreement may not be assigned by either party without the specific prior written consent of the other, which consent shall not be unreasonably withheld or conditioned. Provided however, that in the event Second Party transfers all or substantially all its assets to another entity or merges with another entity to the extent that the underlying purpose of this agreement cannot, in the sole discretion of the CEDC’s board of directors, be accomplished, the CEDC shall have the option to suspend its performance under this agreement or terminate this agreement. 22. Second Party represents that no member of the board of directors of the CEDC or member of the governing body of the City of Canyon or any officer or employee of the City of Project Funding Agreement – Canyon Hospitality LLC dba Buffalo Motel Page 6 of 8  Canyon or CEDC will be compensated in any manner with respect to directly or indirectly bringing the parties together for the purpose of this agreement or participation in the negotiation or formation of this agreement. No finder’s fee or other origination fee of any type will be paid or will become payable to any officer or employee of the City of Canyon, member of the governing body of the City of Canyon, or the governing body of the CEDC with regard to the formation or performance of this agreement. 23. All notices from one party to the other party required or permitted by this agreement shall be delivered personally or sent by certified mail postage prepaid addressed to the party at the address shown on the signature page. All notices shall be deemed given on the date so delivered or deposited in the mail unless otherwise provided. Either party may change its address by sending written notice of such change to the other party in the manner provided by this agreement. 24. All representations, warranties, covenants, and agreements of the Second Party pertaining to the transaction contemplated by this agreement shall survive the closing and shall constitute continuing obligations. Effective Date: _____________________________ Second Party: CANYON ECONOMIC DEVELOPMENT CANYON HOSPITALITY LLC DBA CORPORATION BUFFALO MOTEL By: _________________________________ By: ___________________________________ Don Lee VIRU BHAKTA President/Chairman Managing Member 1605 4th Ave 300 23rd St. Canyon, TX 79015 Canyon, TX 79015 By: ___________________________________ HINA M. BHAKTA Managing Member 300 23rd St. Canyon, TX 79015 Project Funding Agreement – Canyon Hospitality LLC dba Buffalo Motel Page 7 of 8  PERSONAL GUARANTY The undersigned shall be personally liable for faithful performance of the contract obligations to Canyon Economic Development Corporation under the foregoing agreement and shall, in the event of default by the company, repay, upon demand, all or any part of the financial incentives set forth in Paragraph 3 with interest and attorney fees. Dated: _________________ VIRU BHAKTA Dated: _________________ HINA M. BHAKTA Project Funding Agreement – Canyon Hospitality LLC dba Buffalo Motel Page 8 of 8  RESOLUTION NO. 27-2020 RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON APPROVING PROJECT FUNDING AGREEMENT BETWEEN CANYON HOSPITALITY LLC dba BUFFALO MOTEL AND CANYON ECONOMIC DEVELOPMENT CORPORATION RELATING TO FUNDING BUILDING IMPROVEMENTS. WHEREAS, on October 8, 2020 the Canyon Economic Development Corporation (“CEDC”) conducted a public hearing regarding the use of sales and use tax revenues collected pursuant to the Development Corporation Act of 1979, TEX. LOC. GOV'T CODE CHAPTERS 501-505, (“the Act”) to consider a funding agreement the primary purpose of which is improvement of the building at 300 23rd Street, Canyon, Texas for enhancement of an existing business; and, WHEREAS, the City Commission of the City of Canyon, Texas (the “City”), finds it to be in the public interest for CEDC to execute a Project Funding Agreement between the Canyon Economic Development Corporation and Canyon Hospitality LLC dba Buffalo Motel, on the terms and conditions set forth in the Project Funding Agreement approved by the CEDC board and presented to the City Commission for consideration and approval following a first and second reading; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CANYON; SECTION 1: That the Project Funding Agreement by and between CEDC and Canyon Hospitality LLC dba Buffalo Motel be, and it is hereby approved, and the sales tax revenue collected pursuant to the Act by CEDC subject to the limitations of the Act may be used for a part of the cost to be incurred in improvements of the building at 300 23rd Street, Canyon, Texas. The sales tax revenue referred to in this Resolution shall be the revenue on deposit in Sales Tax Improvement Fund (Fund 40) for direct costs related to the project. SECTION 2: The maximum funding to be provided by CEDC is $40,000 to be held in an encumbered account under the control of the City and CEDC to be disbursed at the end of the project. Page 1 of 2 READ in accordance with TEXAS LOCAL GOVERNMENT CODE §505.158 with a quorum of the City Commission duly and lawfully assembled and at a public meeting properly called and noticed in accordance with the Texas Open Meetings Act, on the first (1st) reading, on the 19th of October, 2020. CITY OF CANYON, TEXAS ________________________________ GARY HINDERS, Mayor ATTEST: ______________________________ Gretchen Mercer, City Secretary RESOLUTION PASSED AND ADOPTED by the City Commission of the City of Canyon, Texas, with a quorum of the City Commission duly and lawfully assembled and voting and at a public meeting properly called and noticed in accordance with the Texas Open Meetings Act, on the second (2nd) and final reading, on the 2nd day of November , 2020. CITY OF CANYON, TEXAS ________________________________ GARY HINDERS, Mayor ATTEST: ______________________________ Gretchen Mercer, City Secretary Page 2 of 2 REGARDING ITEM 11 AGENDA To: Mayor and City Commission From: Chuck Hester, City Attorney Date: October 19, 2020 Re: Consider and Take Appropriate Action Upon Code of Ethics for the City of Canyon. Attached is a proposed Code of Ethics for the City of Canyon. In July we talked about creating a document to clearly state the goals and objectives to guide the conduct of elected and appointed officials going forward. In August, the Commission considered a draft of the Code and suggested changes, which have now been made. The Code is a useful guide not only to those in office, but those who plan to seek public office as well. It gives the commission a chance to define the culture of our city government. It is my recommendation to adopt the proposed Code of Ethics. RECOMMENDED MOTION “I move to adopt/deny the Code of Ethics as presented. City of Canyon  CITY OF CANYON CODE OF ETHICS 1. Conflicts of Interest No elected or appointed official 1 may take action that provides a financial or other personal benefit to the official, relatives including a spouse, child, brother or sister, a sibling’s immediate family, a parent, aunt or uncle, customers, clients, an employer, or a person who has made campaign contributions to the official within a 24-month period. 2. Open Government Laws The public relies upon the official’s compliance with the Texas Open Meetings act and Texas Public Information Act. Therefore, an official shall not attempt to subvert open government by conducting public business in private or outside public view if the matter cannot lawfully be addressed in a properly noticed and convened executive session. 3. Appearance of Impropriety An official must avoid circumstances that in the eyes of the public compromise his or her ability to make decisions solely in the public interest or create an appearance of impropriety. The official should not place personal interest above duty to the public when acting in an official capacity. 4. Recusal An official must recuse himself when faced with a conflict referred to in Paragraph 1. Recusal Defined Recusal means that the official may not deliberate, vote or participate in any way in that matter. The official should disclose his conflict by affidavit and remove him or herself 1 “Official” includes appointed officials and employees CITY OF CANYON CODE OF ETHICS PAGE 1 OF 3 from consideration or decision on the matter. The official should not provide input regarding the matter from the audience in his capacity as a member of the public following recusal. 5. City Property and Resources No official may use city-owned property, assets or any resources for personal purposes or profit or to benefit any person. Use of these resources is restricted to the conduct of official business, for the benefit of all residents and to further an authorized public purpose. 6. Nepotism In accordance with §5.10 of the Home Rule Charter of the City of Canyon, no person shall be employed by the City who is related by blood or marriage to a member of the City Commission or the City Manager. With regard to all other officials, spouses and other family members of the City official may not serve in positions whose duties conflict or appear to conflict within the duties of the official. They may not serve on a commission, board or body of which the official is a member. 7. Gifts In accordance with Article 16 §1 of the Texas Constitution, before entering upon his or her duties, each official has affirmed that he or she has not directly or indirectly paid, offered, promised to pay or contributed or promised to contribute any money or thing of value or promised any public office or employment for the giving or withholding of a vote or as a reward to secure an appointment or confirmation. That affirmation should continue to be the standard throughout the public service of the official. An official may not solicit any gift nor may he or she receive any gift, whether financial or in any other form from any person who is doing or seeking to do business of any kind with the City including applications for permits or approvals; has done business with the City during the last 24 months; or from a lobbyist advocating before a City department. An official may not solicit or receive any gift or payment as a reward for exercise of official duties. Generally, an official may not receive or solicit any gift, creating the appearance that his official duties may be influenced or that his responsibility to make impartial decisions solely in the public interest is compromised. Gifts from family members are excluded. CITY OF CANYON CODE OF ETHICS PAGE 2 OF 3 8. Private Employment An official shall not solicit, negotiate for or commit to accept private employment from any person doing business with or having any matter pending with the City. 9. Representation An official shall not appear on behalf of, or represent a person in any matter before a municipal agency except on his own behalf. 10. Confidential Information An official or former official may not disclose confidential information or use it to further his or another person’s private interests or in any way utilize the information for non- public purposes. 11. Subordinates or Appointees No official shall solicit political contributions from City employees or request that they attend political functions or engage in any political activity. No official shall engage in abuse of office or official oppression in an effort to harm another or obtain a benefit for the official or family members. 12. Training Each municipal official annually shall receive training concerning the requirements of the code of ethics, open government and conflicts of interest. Online training may be utilized at events such as Texas Municipal League annual conference, but shall also include an in- person training component as needed, but at least annually. CITY OF CANYON CODE OF ETHICS PAGE 3 OF 3 REGARDING ITEM 12 AGENDA To: Mayor and City Commission From: Gretchen Mercer, City Secretary Date: October 19, 2020 Re: Consider Meeting Dates for the Months of December 2020, and January, February 2021. _____________________________________________________________ ____ With the Holidays fast approaching and after a VERY busy summer and fall full of meetings and COVID, we wanted to discuss meeting dates. The 3rd Monday in December falls on the week of Christmas, As busy as this time is for all and people planning trips out of town, we propose to meet only once the month of December on December 7, 2020. The month of January, with New Years and Martin Luther King Day, we are proposing to meet only once in January, on January 11, 2021. For February, we are proposing to meet only once, February 1, 2021. Presidents Day is the third Monday, February 15. March 2020 would bring us back to the first and 3rd Mondays for meetings. We have attached a calendar with the dates marked. City of Canyon November 2020 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 City Commission meeting at 4:30 pm 8 9 10 11 12 13 14 15 16 17 18 19 20 21 City Commission meeting at 4:30 pm 22 23 24 25 26 27 28 CITY HALL CITY HALL CLOSED CLOSED 29 30 December 2020 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 8 9 10 11 12 CITY COMMISSION MEETING AT 4:30 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CITY HALL CLOSED PROPOSE TO CANCEL MEETING 27 28 29 30 31 January 2021 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 CITY HALL CLOSED 3 4 5 6 7 8 9 PROPOSE TO CANCEL MEETING 10 11 12 13 14 15 16 PROPOSED CITY COMMISSION MEETING AT 4:30 17 18 19 20 21 22 1 PROPOSE TO CANCEL MEETING 2 3 4 5 6 7 8 9 10 February 2021 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 CITY COMMISSION MEETING AT 4:30 7 8 9 10 11 12 13 14 15 16 17 18 19 20 PROPOSE TO CANCEL MEETING 21 22 23 24 25 26 27 28