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City of Canyon Commission Meetings

Regular Meeting

Canyon, TX · November 16, 2020

AgendaMinutes

Minutes

City Commission Meeting November 16, 2020 The City Commission of the City of Canyon met at 4:30 p.m. at the Cole Community Center in the Palo Duro Room to allow for social distancing. Mayor Gary Hinders presided over the meeting with the following Commissioners in attendance, Randy Ray, Roger Remlinger and Paul Lyons. Mayor Pro-Tem Jones attended via Zoom. Also present were the following City Staff: City Manager Joe Price, Assistant City Manager Jon Behrens, City Secretary Gretchen Mercer, IT Manager Shaun Holtman, Planning and Development Director Danny Cornelius, Library Director Janice Doan, and City Attorney Chuck Hester. Item 1. Call to Order. Mayor Hinders called the meeting to order at 4:34 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 the Minutes of the Meeting November 2, 2020. Commissioner Remlinger moved, duly seconded by Commissioner Ray to approve the minutes of November 2, 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. Informational only, no action required. Item 7. Consider and Take Appropriate Action on a Development Agreement Between the City of Canyon and Property Owner, Choctaw Realty Investments, LLC, Providing for Land in the City’s ETJ to be Annexed Into the Corporate Limits and Development of the Property, Known as Crestview Estates. City Manager Joe Price presented a developers agreement between the City of Canyon and Choctaw Realty Investments. Mr. Price stated Choctaw Realty Investments has requested to annex into the City of Canyon corporate limits for their proposed development, Crestview Estates. Mr. Price said the property is located north of Aztec Drive and West of FM 2590 just north of City Commission Meeting November 2, 2020 Page 2 of 3 Hunsley Road, across from Madison Park. Mr. Price said it was a total of 73 plus acres with 180 proposed single family lots. Joe Shehan, Engineer for Choctaw Realty Investments / Crestview Estates was present to answer questions. After discussion, Commissioner Remlinger moved, duly seconded by Commissioner Ray to adopt the Development Agreement for Crestview Estates Subdivision as presented. Motion carried with Commissioner Lyons abstaining. Item 8. Planning and Development 2019-2020 Fiscal Year Annual Report. Planning and Development Director Danny Cornelius gave a summary of activity in the Planning and Development Department for 2020. Commissioners commended the Planning and Development Department on successfully dealing with the growth of the city efficiently and professionally. Item 9. Executive Session Pursuant to §551.074 Personnel Matters (City Manager Annual Evaluation), §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) and §551.071 Consultation with Attorney. Mayor Hinders indicated the Commission adjourn into Executive Session at 5:17 pm and move to the City Commission Chambers in City Hall. Item 10. Consider and Take Appropriate Action on Items Discussed in Executive Session. Upon returning from Executive Session at 8:03 pm, the following action was taken. Commissioner Remlinger Moved, duly seconded by Commissioner Ray to appoint the following to City of Canyon Boards and Commissions; Main Street Advisory Board Reappoint Lara Johns and Margie Cobb Move Matt McComas to an Ex-Officio Member Appoint Troy Davidson to seat vacated by Matt McComas Appoint Heather Friemel to expiring term of Buster Ratliff Board of Community Development Reappoint Terry Melugin Canyon Housing Authority Reappoint Kent Bridenstine, Gerry Nickell and Connie Hopson City Commission Meeting November 2, 2020 Page 3 of 3 Parks, Open Space and Recreation Advisory Committee Reappoint Jimmy Lackey, Linda Washington and Jeremy Rivera. Zoning Board of Adjustment Reappoint Layne Myatt, Pat Williams and James Hartman. (1 position remains open with expiring term of Joan Van Doren) Construction Advisory and Appeals Board Reappoint Paul Lyons. Canyon Area Library Board Appoint Mark Pittman to the expiring term of Andrew White (1 position remains open with the expiring term of Lorraine Pistocco) Planning and Zoning Commission Reappoint Larry Ramaekers, Bill Craddock and Joel Enriquez. Motion carried 4-0 with Mayor Pro-Tem Jones having to leave during Executive Session. Item 11. Adjourn There being no further business, Commissioner Remlinger moved this meeting be adjourned at 8:06 pm. ______________________________ Gary Hinders, Mayor ATTEST: ________________________________ Gretchen Mercer, City Secretary

Agenda

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 16th day of November 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 50% 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 November 2, 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. Consider and Take Appropriate Action on a Development Agreement Between the City of Canyon and Property Owner, Choctaw Realty Investments, LLC, Providing for Land in the City’s ETJ to be Annexed Into the Corporate Limits and Development of the Property, Known as Crestview Estates. 8. Planning and Development 2019-2020 Fiscal Year Annual Report. 9. Executive Session Pursuant to §551.074 Personnel Matters (City Manager Annual Evaluation), §551.074 Board Appointments (Board of City Development, Canyon Housing Authority, Construction Advisory and Appeals Board, Canyon Area Library Board, Planning and Zoning Commission, Parks, Open Space and Recreation Advisory Committee, Zoning Board of Adjustment, and Main Street Advisory Board) and §551.071 Consultation with Attorney. 10 Consider and Take Appropriate Action on Items Discussed in Executive Session. 11. 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 13th day of November 2020. Gretchen Mercer, City Clerk City of Canyon City Commission Meeting November 2, 2020 The City Commission of the City of Canyon met at 4:30 p.m. at the Cole Community Center in the Palo Duro Room to allow for social distancing. Mayor Gary Hinders presided over the meeting with the following Commissioners in attendance, Randy Ray, Roger Remlinger and Paul Lyons. Mayor Pro-Tem Jones was unable to attend. Also present were the following City Staff: City Manager Joe Price via Zoom, Assistant City Manager Jon Behrens, City Secretary Gretchen Mercer, IT Manager Shaun Holtman, Street and Solid Waste Supervisor Brendon Banner, Business and Community Development Director Evelyn Ecker, Police Chief Steve Brush, Fire Chief Dennis Gwyn, Director of Finance Joel Wright, Library Director Janice Doan, Municipal Court Clerk Sheila Roach, and City Attorney Chuck Hester. Item 1. Call to Order. Mayor Hinders called the meeting to order at 4:33 p.m. Item 2. Invocation. Commissioner Ray gave the invocation. Item 3. Pledge of Allegiance. The Pledge of Allegiance was led by Commissioner Remlinger. Item 4. Approval of the Minutes of the Meeting October 19, 2020. Commissioner Lyons moved, duly seconded by Commissioner Remlinger to approve the minutes of October 19, 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. Mayor Hinders gave an update on COVID-19 in the area and the Executive Order currently in place from Texas Governor Greg Abbott. Informational only, no action required. Item 7. Consider and Take Appropriate Action on Resolution No. 30-2020, a Resolution of the City of Canyon authorizing and Directing the City Manager to Ratify the Submission of the Coronavirus Relief Fund (CFR) Grant Application and Accepting the Funding Allocation Through the Texas Department of Emergency Management (TDEM). Director of Finance Joel Wright presented Resolution No. 30-2020 for consideration. Mr. Wright stated the City of Canyon is able to submit to TDEM and receive 20% of the City of Canyon full City Commission Meeting October 19, 2020 Page 2 of 5 allocation amount ($920,315 – 20% being $184,063) immediately. Mr. Wright stated once documentation regarding Public Safety is submitted, the City has the possibility to receive the rest of the allocation of approximately $736,252. Mr. Wright stated City Staff intends to submit payroll costs from Police and Fire to ascertain the remaining funds of the CRF and provide details as requested by the Treasury Department. Mr. Wright said a spending plan will have to be submitted by November 13, 2020. After discussion, Commissioner Remlinger moved, duly seconded by Commissioner Ray to adopt Resolution No. 30-2020 authorizing and directing the City Manager to ratify the submission of the Coronavirus Relief Fund (CRF) grant application and accepting the funding allocation through the Texas Department of Emergency Management (TDEM). Motion carried unanimously. RESOLUTION NO. 30-2020 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON AUTHORIZING AND DIRECTING THE CITY MANAGER TO RATIFY THE SUBMISSION OF THE CORONAVIRUS RELIEF FUND (CRF) GRANT APPLICATION AND ACCEPT THE FUNDING ALLOCATION THROUGH THE TEXAS DEPARTMENT OF EMERGENCY MANAGEMENT (TDEM) Item 8. Consider and Take Appropriate Action on Second and Final Reading of Resolution No. 25-2020, 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. Canyon Economic Development Corporation President Don Lee presented Resolution No. 25-2020 for consideration. Mr. Lee stated the Canyon Economic Development Corporation approved $50,000 in funding to assist with the Downtown Master Plan implementation and augment the grant for the project. Mr. Lee said the funds are being provided to enhance the appearance of the aesthetics of the downtown retail business district. Mr. Lee stated the CEDC Board approved the project funding during the September 10, 2020 meeting and there was no opposition to the project at the public hearing held on Thursday, October 8, 2020. After discussion, Commissioner Remlinger moved, duly seconded by Commission Ray to approve the adoption of Resolution No 25-2020 as presented. Motion carried unanimously. RESOLUTION NO. 25-2020 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. Item 9. Consider and Take Appropriate Action on Second and Final Reading of Resolution No. 27-2020, A Resolution of the City Commission of the City of Canyon Approving Project City Commission Meeting October 19, 2020 Page 3 of 5 Funding Agreement Between Canyon Housing LLC dba Buffalo Motel and Canyon Economic Development Corporation Relating to Funding Building Improvements. Canyon Economic Development Corporation President Don Lee presented Resolution No. 27-2020 for consideration. Mr. Lee stated the Canyon Economic Development Corporation approved $40,000 in funding to assist renovations and improvements at the Buffalo Motel located at 300 23rd Street, Canyon during the September 10, 2020 meeting. Mr. Lee said there was no opposition to the project at the public hearing held on Thursday, October 8, 2020. After discussion, Commissioner Remlinger moved, duly seconded by Commissioner Ray to approve the adoption of Resolution No. 27-2020 as presented. Motion carried unanimously. 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 Item 10. Consider and Take Appropriate Action on a Request to Accept the Edward Byrne Memorial Justice Assistance Grant to be used for a Technology Enhancement Project by the Canyon Police Department. Police Chief Steve Brush presented a request for authorization to accept the Edward Byrne Memorial Justice Assistance Grant in the amount of $31,179.00. Chief Brush stated the funds would provide for the purchase of a camera capable of photographing a crime scene in 3D, a Total Station laser measurement system that will improve measurement and mapping of crime and accident scenes and a Cellbrite system that will be used to download cell phones involved in criminal investigations. Chief Brush stated there is not a required match by the City of Canyon for this grant. After discussion, Commissioner Ray moved, duly seconded by Commissioner Remlinger to authorize the acceptance of the Edward Byrne Memorial Justice Assistance Grant for the Canyon Police Department Technology Enhancement Project. Motion carried unanimously. Item 11. Consider and Take Appropriate Action on Resolution No. 29-2020, A Resolution of the City Commission of the City of Canyon Approving a Cost Share Grant From the Texas A&M Forest Service Rural Volunteer Fire Department Assistance Program (HB2604) to the City of Canyon Fire Department for the Purchase of Fire/Rescue Equipment. Fire Chief Dennis Gwyn presented Resolution No. 29-2020 for consideration. Chief Gwyn stated the Texas A&M Forest Service has approved an application for the Canyon Fire Department for cost- share assistance under the Rural Volunteer Fire Department Assistance Program. Chief Gwyn said the maximum amount of the cost-share is 75% of the actual cost for this grant, not to exceed $20,000. Chief Gwyn said the funds would be used to purchase a new set of Hydraulic Rescue Cutters and two new portable radios. Chief Gwyn stated the cities portion would be covered with the $25,000 that was budgeted for the purchase of new Rescue Cutters in the 2020-2021 budget. City Commission Meeting October 19, 2020 Page 4 of 5 After discussion Commissioner Remlinger moved, duly seconded by Commissioner Ray to adopt Resolution No. 29-2020 as presented. Motion carried unanimously. RESOLUTION NO. 29-2020 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON APPROVING A COST SHARE GRANT FROM THE TEXAS A&M FOREST SERVICE RURAL VOLUNTEER FIRE DEPARTMENT ASSISTANCE PROGRAM (HB2604) TO THE CITY OF CANYON FIRE DEPARTMENT FOR PURCHASE OF FIRE/RESCUE EQUIPMENT. Item 12. Consider and Take Appropriate Action on Approval of the Purchase of a 2021 Freightliner Side Load Trash Truck as Approved in the 2020-2021 Budget. Street and Solid Waste Supervisor Brendon Banner presented a request for approval to purchase a 2021 Freightliner Side Load Body Trash Truck as budgeted in the 2020-2021 City of Canyon budget for $190,000. Mr. Banner said a quote for purchase had been received through the Buy Board for $186,059.00. After discussion, Commissioner Remlinger moved, duly seconded by Commissioner Ray to approve the purchase of the 2021 Freightliner Side Load Trash Truck for the amount of $186,059.00. Motion carried unanimously. Item 13. Consider and Take Appropriate Action on Approval of the Purchase of a John Deere 524L Wheel Loader as Approved in the 2020-2021 Budget. Street and Solid Waste Supervisor Brendon Banner presented a request for approval to purchase a John Deere Wheel Loader as budgeted in the 2020-2021 City of Canyon budget for $178,835.00. Mr. Banner said a quote for purchase had been received through Sourcewell, another public agency that offers competitively solicited purchasing contracts comparable to Buy Board, for $161,500.00. After discussion, Commissioner Ray moved, duly seconded by Commissioner Remlinger to approve the purchase of the John Deere 524L Wheel Loader for $161,500.00. Motion carried unanimously. Item 14. Consider and Take Appropriate Action on Ordinance No. 1132, An Ordinance of the City Commission of the City of Canyon Creating Two Divisions of the Municipal Court, Authorizing an Associate Judge to Serve in Division 2, Prescribing the Qualifications of the Associate Judge of Division 2, Providing for Severability and Providing for an Effective Date. City Attorney Chuck Hester presented Ordinance No. 1132 for consideration. Mr. Hester stated the City of Canyon Charter requires the Judge of Municipal Court to be a qualified voter of Canyon. Mr. Hester stated a provision of the Government Code adopted in 1985 allows the Commission to create two or more divisions of the Municipal Court and prescribe the qualifications of the Judges of the court allowing an Associate Municipal Court Judge to sit in the absence of our regular presiding City Commission Meeting October 19, 2020 Page 5 of 5 Judge. Mr. Hester stated the adoption of Ordinance No. 1132 would allow for more flexibility in handling court business and that the City Commission would only appoint the Division 1 Judges. After discussion, Commissioner Remlinger moved, duly seconded by Commissioner Lyons to approve the adoption of Ordinance No. 1132 as presented. Motion carried unanimously. ORDINANCE NO. 1132 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF CANYON CREATING TWO DIVISIONS OF THE MUNICIPAL COURT, AUTHORIZING AN ASSOCIATE JUDGE TO SERVE IN DIVISION 2, PRESCRIBING THE QUALIFICATIONS OF THE ASSOCIATE JUDGE OF DIVISION 2, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE Item 15. Executive Session Pursuant to §551.074 Personnel Matters (City Manager Annual Evaluation) and §551.071 Consultation with Attorney. Mayor Hinders indicated the Commission would not adjourn into Executive Session at this time. Item 16. Consider and Take Appropriate Action on Items Discussed in Executive Session. The Commission did not go into Executive Session. Item 17. Adjourn There being no further business, Commissioner Remlinger moved this meeting be adjourned at 5:11 pm. ______________________________ Gary Hinders, Mayor ATTEST: ________________________________ Gretchen Mercer, City Secretary AGENDA ITEM 7 AGENDA To: Honorable Mayor and City Commission From: Joe Price, City Manager Date: November 16, 2020 Re: Consider and Take Appropriate Action on a Development Agreement Between the City of Canyon and Property Owner, Choctaw Realty Investments, LLC, Providing for Land in the City’s ETJ to be Annexed into the Corporate Limits and Development of the Property, Known as Crestview Estates. Choctaw Realty Investments, LLC has requested annexation and connection to city public services (enterprise and public safety) for their proposed development called Crestview Estates. The property is located to the north of Aztec Drive, West of FM 2590 and just North of Hunsley Road. The property is directly across FM 2590 from Madison Park. Snapshot of Proposed Development: Base Zoning: Single-Family Suburban Residential District (SF-S) Total Acres: 73.1251 (excludes Aztec area) Number of Residential Lots: 180 Lots/Acre: 2.46 Park/Open Space: Approx. 4.47 Acres1 Construction Phases: I (64 lots), II (50 lots), III (66 lots) Land Use: Single-Family Residential The property is proposed to be annexed as Single-Family Suburban Residential District (SF-S) from the current zone of being undeveloped land and agricultural uses. There are no proposed commercial lots in this subdivision, just land usage for residential with green spaces owned by the HOA. The proposed development agreement is a completely new formatted agreement. We have used several instruments from other cities and our previous version to create the new agreement structure. City Staff sent the Development Agreement to the City Commission on Monday, November 2, 2020 for the Commission to have adequate time to review the agreement, prior to the November 16th Commission Meeting date. RECOMMENDED MOTION “I move to adopt/deny the Development Agreement for Crestview Estates Subdivision.” City of Canyon CRESTVIEW ESTATES ADDITION TO THE CITY OF CANYON DEVELOPMENT AGREEMENT This Agreement is made by and between the City of Canyon, a home rule municipality in Randall County, Texas, (the “City”) and CHOCTAW REALTY INVESTMENTS, LLC, a Texas Limited Liability Company, acting by and through its duly authorized officers, (the “Landowner”), pursuant to TEXAS LOCAL GOVERNMENT CODE, §212.172 authorizing development agreements pertaining to land lying within the extraterritorial jurisdiction (ETJ) of municipalities as determined pursuant to Chapter 42 of the TEXAS LOCAL GOVERNMENT CODE. RECITALS WHEREAS, Landowner has informed the City Manager of the City (the “Manager”) that it intends to subdivide and develop a 73.12 acre tract of land located in Section 3, Block B-5, H&GN RR Co. Survey, Randall County, Texas, in three units or phases beginning with annexation of the real property described in Exhibit “A” (attached hereto and incorporated herein by reference for all purposes) (the “Land”), which is land lying within the ETJ of the City and is property that the Landowner intends to develop for residential use (the “Project”); and, WHEREAS, the parties to this Agreement have a mutual interest in the orderly development of the Land which is subject of this Agreement and the annexation by the City; and, WHEREAS, Landowner and the City desire to enter into this Agreement in order to contribute to the economic development of the City by generating tax revenues, encourage innovative and comprehensive land planning, provide for regulatory certainty throughout the term of this Agreement, and provide a high-quality Project for the present and future benefit of the City; and, WHEREAS, Landowner and the City desire to work together in good faith to enhance and preserve the general area of the Project for the benefit of the citizens of the City and surrounding areas. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, the Parties agree as follows: AGREEMENT ARTICLE 1. Annexation 1.01 Consent to Annexation. Landowner requests annexation of the Land described in Exhibit “A”, and shall petition for annexation upon execution of this agreement. Landowner will petition for annexation of the additional land in Units 2 and 3 as plats are developed for those units. The City agrees to promptly take all action necessary or appropriate in order for the Land to be annexed into the City of Canyon. Simultaneously with such annexation and pursuant to the authority of the Planning and Zoning Commission and the City Commission, Landowner shall apply through the City’s Planning and Development Department for assignment of an appropriate CRESTVIEW ESTATES ADDITION TO THE CITY OF CANYON DEVELOPMENT AGREEMENT PAGE 1 OF 24 zoning classification for the land to be immediately developed. The land which Landowner does not intend to immediately develop may be held in S-FA (temporary agricultural use) pending construction. For large lots, the zoning classification of SFS (single family suburban) is recommended; however, Landowner may apply for any zoning classification Landowner deems appropriate. The request shall be timely processed and considered by the City in accordance with the City’s Comprehensive Zoning Ordinance. ARTICLE 2. Development Plan 2.01 Conceptual Plan and Final Plat. Landowner has submitted an overall development plan in the form of conceptual drawings, and represents that it intends to develop the Land according to such plan. Attached as Exhibit “B” is the conceptual plan drawing. Attached as Exhibit “C” is the Preliminary Plat of the proposed development of Unit 1 to be reviewed by the City development team as assigned by the City Manager. The Preliminary Plat shall be submitted to the City Planning Department for review pursuant to Chapters 155 and 156 of the Code of Ordinances. 2.02 Review Process. The City agrees to accommodate Landowner's development schedule for the Project by reviewing and approving (or responding with substantive comments to) any construction and development applications or other requests for approvals within the shorter of forty-five (45) days or any other time frame established by Texas law or City regulations for development reviews. If the City fails to respond to an application within such time frame, the application shall be deemed approved as submitted. 2.03 Amendments. (A) Amendment to Concept Plan. In submitting each phase of the Final Plats, Landowner may make changes to the Conceptual Plan (Exhibit B), which shall be promptly considered by the Planning and Zoning Commission and City Commission if the amendment involves a change which does not qualify as a minor plat change which can be approved by the manager pursuant to §155.23 of the Code. 2.04 Review/Submittal Fees. Landowner shall pay the City’s standard application, review and development fees, which are applicable to all other development applicants. The City’s current fees are set forth in the Code of Ordinances and shall apply to all Phases or Units of the Project (as shown on the Concept Plan). 2.05 Building Code Compliance. Permanent structures constructed on the Land shall comply with the building code set forth in the Code of Ordinances. The City shall provide timely inspections and shall provide adequate staff and resources so as not to unreasonably delay any construction activities on the Land. CRESTVIEW ESTATES ADDITION TO THE CITY OF CANYON DEVELOPMENT AGREEMENT PAGE 2 OF 24 ARTICLE 3. Development Standards 3.01 Development Standards. See Exhibit “D” for detailed development standards. 3.02 Water and Wastewater. City water mains have been extended adjacent to the Land and all residents of the subdivision shall be connected to the City of Canyon public water supply. No private wells will be permitted in the subdivision except as provided in Paragraph 4.01 below. Extension of water service lines to serve the Land and any development occurring thereon shall be at the expense of the landowners. No residents of the subdivision may use individual septic systems, and all residents shall be connected to the City wastewater system at the expense of Landowner. All usual municipal fees and charges provided by the Code of Ordinances shall apply to any extension and connection of utilities to the area at the expense of the resident of each Lot to which the utilities are extended. Individual residents of the subdivision who are successors in interest to Landowner may be subject to impact fees if assessed by the City in accordance with Chapter 395 Local Government Code and any applicable assessments for utility extensions to the subdivision. 3.03 Street Lights. Street lights and related power lines within the subdivision shall be provided at the expense of Landowner as the development progresses, the locations and number to be approved by the City. Developer is responsible for providing a plan documentation for the Street Lights. 3.04 Floodplain Analysis. Landowner will complete and pay for any floodplain analysis to establish the existing and proposed Zone AE base flood elevations for the FEMA regulatory floodplain, special flood hazard area and floodway. The parties agree that the LOMR- F will not be submitted to FEMA until the Project has been fully developed. The Planning and Development Department of the City will review the Applications before submission. ARTICLE 4. Groundwater 4.01 HOA Irrigation Well Sites. Irrigation wells may be considered between the City and the HOA for watering of the open green spaces. Well sites shall be provided at the locations agreed upon by the City and Landowner. Approval in writing must be provided by the City and a permit issuance is required. The Landowner or HOA shall be responsible for all costs associated with drilling any wells and the development, pumping, production, and transportation of groundwater to and from such wells. No water from Landowner’s private wells may be sold or used off-site. 4.02 Private HOA Well. Any HOA irrigation well shall be drilled only after a permit is issued by the City under its ordinance regulating private wells as amended from time to time and shall be in compliance with all rules of the High Plains Underground Water Conservation District. ARTICLE 5. Intent and Vesting of Rights 5.01 Plan for Development. The City hereby finds that the Project, as evidenced by the Preliminary Plan for the Land, constitutes an appropriate plan for development of the land which is consistent with existing uses and the City’s comprehensive plan. CRESTVIEW ESTATES ADDITION TO THE CITY OF CANYON DEVELOPMENT AGREEMENT PAGE 3 OF 24 5.02 Intent. The Parties intend that this Agreement authorize certain land uses and development on the Land; and provide for the uniform review and approval of plats and development plans for the Land. It is the intent of the City and Landowner that these vested development rights include the character of the land uses and the development of the Land in accordance with the standards and criteria set forth in this Agreement and applicable City ordinances in existence on the effective date of this Agreement, as modified in accordance with any exceptions set forth in this Agreement. 5.03 Landowner's Right to Continue Development. In consideration of Landowner's agreements hereunder, the City agrees that it will not, during the term of this Agreement, impose or attempt to impose: (a) any moratorium on building or development within the Project or (b) any land use or development regulation that limits the rate or timing of land use approvals, whether affecting preliminary plats, final plats, site plans, building permits, certificates of occupancy or other necessary approvals, within the Project. The preceding sentence does not apply to temporary moratoriums uniformly imposed throughout the City due to an emergency constituting imminent threat to the public health or safety, provided that such moratorium will continue only during the duration of the emergency. ARTICLE 6. Term, Assignment, and Amendment 6.01 Term. The term of this Agreement will commence on the Effective Date (as defined below) and continue in perpetuity, unless terminated on an earlier date under other provisions of this Agreement or by written agreement of the City and Landowner. The Effective Date of this Agreement shall be the date of full execution by the Parties. 6.02 Amendment by Agreement. This Agreement may be amended as to all or part of the Land at any time by mutual written consent of the City and all owners of the portion of the Land to be affected by the amendment. 6.03 Assignment. (A) This Agreement, and the rights of Landowner, in whole or in part, may be assigned to any subsequent developer or owner of all or a portion of the Land, upon thirty (30) days prior written notice to the City, provided the assignee has agreed in writing to assume all obligations of Landowner hereunder. Any assignment shall be in writing, shall specifically set forth the assigned rights and obligations and shall be executed by the proposed assignee. As used herein, the term “Landowner” shall be deemed to include Landowner, its affiliates and all other successors and assigns of Landowner. (B) If Landowner assigns its rights and obligations as to a portion of the Land, then the rights and obligations of any assignee and Landowner will be severable, and Landowner will not be liable for the nonperformance of the assignee and vice versa. In the case of nonperformance by one developer, the City may pursue all remedies against that nonperforming developer, but will not impede development activities of any performing developer as a result of that nonperformance. CRESTVIEW ESTATES ADDITION TO THE CITY OF CANYON DEVELOPMENT AGREEMENT PAGE 4 OF 24 6.04 Cooperation. (A) The City and Landowner shall cooperate with each other as reasonable and necessary to carry out the intent of this Agreement, including but not limited to the execution of such further documents as may be reasonably required. (B) The City agrees to cooperate with Landowner at Landowner's expense, in connection with any waivers, permits or approvals Landowner may need or desire from the Texas Commission on Environmental Quality, the Texas Department of Transportation, the United States Fish & Wildlife Service, the U.S. Army Corps of Engineers, or any other regulatory authority in order to develop the Project in accordance with the Preliminary Plan. Provided, however, the City does not agree and will not take an adversarial position with regard to any other governmental entity. ARTICLE 7. Miscellaneous Provisions 7.01 Notices. Any notice required by or permitted under this contract must be in writing. Any notice required by this contract will be deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address shown in this contract. Notice may also be given by regular mail, personal delivery, courier delivery, facsimile transmission, email, or other commercially reasonable means and will be effective when actually received, provided that (a) any notice received on a Saturday, Sunday, or holiday will be deemed to have been received on the next day that is not a Saturday, Sunday, or holiday and (b) any notice received after 5:00 P.M. local time at the place of delivery on a day that is not a Saturday, Sunday, or holiday will be deemed to have been received on the next day that is not a Saturday, Sunday, or holiday. Any address for notice may be changed by not less than ten days prior written notice delivered as provided herein. Copies of each notice must be given by one of these methods to the attorney of the party to whom notice is given. For purposes of notice, the addresses of the parties will, until changed as provided below, be as follows: City: City of Canyon 301 16th Street Canyon, Texas 79015 With Required Copy to: Chuck Hester City Attorney 1507 4th Ave, Ste A Canyon, Texas 79015 Landowner: Choctaw Realty Investments, LLC 3505 S. Georgia St. Amarillo, Texas 79109 CRESTVIEW ESTATES ADDITION TO THE CITY OF CANYON DEVELOPMENT AGREEMENT PAGE 5 OF 24 7.02 Survival. The provisions of this contract survive Closing of any sale of the property either before or after development. 7.03 Choice of Law; Venue. This contract is to be construed under the laws of the state of Texas, without regard to choice-of-law rules of any jurisdiction. Venue is in Randall County, Texas. 7.04 Waiver of Default. Default is not waived if the nondefaulting party fails to declare a default immediately or delays taking any action with respect to the default. 7.05 Covenants to Run with the Land. The provisions of this agreement are covenants running with the land and shall be binding upon the undersigned landowner and landowner’s grantees, heirs, successor and assigns. 7.06 Severability. If a provision in this contract is unenforceable for any reason, to the extent the unenforceability does not destroy the basis of the bargain between the parties, the unenforceability does not affect any other provision of this contract, and this contract is to be construed as if the unenforceable provision is not a part of the contract. 7.07 Ambiguities Not to Be Construed against Party Who Drafted Contract. The rule of construction that ambiguities in a document are construed against the party who drafted it does not apply in interpreting this contract. 7.08 No Special Relationship. The parties’ relationship is an ordinary commercial relationship, and the parties do not intend to create the relationship of principal and agent, partners, joint venturers, or any other special relationship. 7.09 Counterparts. If this contract is executed in multiple counterparts, all counterparts taken together constitute this contract. Copies of signatures to this contract are effective as original signatures. 7.10 Confidentiality. Landowner understands that the City is subject to the Texas Public Information Act and that this Agreement is probably subject to production and inspection under the act. 7.11 Binding Effect. This contract binds, benefits, and may be enforced by the parties and their respective heirs, successors, and permitted assigns. This contract is not binding on, and does not create any encumbrance to title as to, any end-buyer of a fully developed and improved lot within the Project, except for land use and development regulations that may apply to a specific lot. 7.12 Entire Agreement. With the exception of the permits and approvals to be issued in connection with this Agreement, this Agreement contains the entire agreement of the Parties and there are no other agreements or promises, oral or written between the Parties regarding the subject matter of this Agreement. This Agreement can be amended only by written agreement signed by the Parties. This Agreement supersedes all other agreements between the Parties concerning the subject matter hereof. CRESTVIEW ESTATES ADDITION TO THE CITY OF CANYON DEVELOPMENT AGREEMENT PAGE 6 OF 24 7.13 Exhibits Headings, Construction, and Counterparts. All schedules and exhibits referred to in or attached to this Agreement are incorporated into and made a part of this Agreement for all purposes. The section headings contained in this Agreement are for convenience only and do not enlarge or limit the scope or meaning of the sections. The Parties acknowledge that each of them has been actively and equally involved in the negotiation of this Agreement. Accordingly, the rule of construction that any ambiguities are to be resolved against the drafting party will not be employed in interpreting this Agreement or any exhibits hereto. This Agreement may be executed in any number of counterparts, each of which will be deemed to be an original, and all of which will together constitute the same instrument. This Agreement will become effective only when one or more counterparts bear the signatures of all the parties. 7.14 Time. Time is of the essence of this Agreement. In computing the number of days for purposes of this Agreement, all days will be counted, including Saturdays, Sundays and legal holidays; however, if the final day of any time period falls on a Saturday, Sunday or legal holiday, then the final day will be deemed to be the next day that is not a Saturday, Sunday or legal holiday. 7.15 Authority for Execution. The City certifies, represents, and warrants that the execution of this Agreement is duly authorized in conformity with City ordinances, and Texas law. No further approvals, authorizations, votes, or any other actions are required in order for this Agreement to be enforceable against the City. Landowner hereby certifies, represents, and warrants that the execution of this Agreement is duly authorized in conformity with the terms of its existence and the Company Agreement of Landowner as well as Texas law. 7.16 Exhibits. The following exhibits are attached to this Agreement, and made a part hereof for all purposes: Exhibit A – Legal Description of the Land Exhibit B – Conceptual Plan Drawing Exhibit C – Preliminary Plat Exhibit D – Crestview Estates Single-Family Suburban Residential District (SF-S) Development Standards Exhibit E – High Quality Images and Documents of Legal Description(s) and Conceptual Plan CRESTVIEW ESTATES ADDITION TO THE CITY OF CANYON DEVELOPMENT AGREEMENT PAGE 7 OF 24 Dated:__________________________________ LANDOWNER: CITY OF CANYON CHOCTAW REALTY INVESTMENTS, LLC By: By: JOSEPH H. PRICE, City Manager Name Title 301 16th Street, Canyon, Texas 79015 3505 S. Georgia St., Amarillo, Texas 79109 Address Address (806) 655-5000 Phone Fax Phone Fax CRESTVIEW ESTATES ADDITION TO THE CITY OF CANYON DEVELOPMENT AGREEMENT PAGE 8 OF 24 EXHIBIT A Legal Description of the Land CRESTVIEW ESTATES ADDITION TO THE CITY OF CANYON DEVELOPMENT AGREEMENT PAGE 9 OF 24 EXHIBIT A Legal Description of the Land CRESTVIEW ESTATES ADDITION TO THE CITY OF CANYON DEVELOPMENT AGREEMENT PAGE 10 OF 24 EXHIBIT A Legal Description of the Land Tract (10-acres in the middle section) CRESTVIEW ESTATES ADDITION TO THE CITY OF CANYON DEVELOPMENT AGREEMENT PAGE 11 OF 24 EXHIBIT B Conceptual Plan Drawing CRESTVIEW ESTATES ADDITION TO THE CITY OF CANYON DEVELOPMENT AGREEMENT PAGE 12 OF 24 EXHIBIT C Preliminary Plat A 19.99+/- acre tract of land out of the South Half (S/2) of Section 3, Block B-5, H.&G.N. RR. Co. Survey, Randall County, Texas, further being all of those certain tracts of land designated as Tract 4 and Tract 5 being described in that certain instrument recorded under Clerk’s File No. 2013001955 of the Official Public Records of Randall County, Texas, said 19.99-acre tract of land being described by metes and bounds and follows: COMMENCING at a 60d nail found for the Southeast corner of a 190.27+/- acre tract of land being described in that certain instrument recorded under Clerk’s File No. 00624394 of the Official Public Records of Randall County, Texas; THENCE N. 00° 09’ 40” E. 693.46 feet to the Northwest corner of that certain 10.000+/- acre tract of land described in Ordinance No. 485 (Annexing a Tract of Land to the City of Canyon), same being the Southwest and BEGINNING CORNER of this tract of land; THENCE N. 00° 09’ 40” E. 665.90 feet to a 1-1/2 inch iron pipe found for the Southwest corner of a 10.0+/- acre tract of land being described in that certain instrument recorded in Volume 657, Page 525, same being the Northwest corner of this tract of land; THENCE S. 89° 53’ 42” E. 1305.91 feet along the South line of said 10.0+/- acre tract of land to a 1/2 inch iron rod with cap (FURMAN) found in the West Right-of-Way line of FM 2590 as monumented on the ground for the Northeast corner of this tract of land; THENCE S. 00° 09’ 00” W. 667.42 feet along said West Right-of-Way line of FM 2590 to the Northeast corner of said 10.000+/- acre tract of land described in Ordinance No. 485 (Annexing a Tract of Land to the City of Canyon), same being the Southeast corner of this tract of land; THENCE N. 89° 49’ 42” W. 1306.04 feet along the North line of said 10.000+/- acre tract of land described in Ordinance No. 485 (Annexing a Tract of Land to the City of Canyon) to the PLACE OF BEGINNING and containing 19.99 acres of land, more or less. CRESTVIEW ESTATES ADDITION TO THE CITY OF CANYON DEVELOPMENT AGREEMENT PAGE 13 OF 24 EXHIBIT D Crestview Estates Single-Family Suburban Residential District (SF-S) Development Standards BASE ZONING DISTRICT This Single-Family Suburban District (SF-S) will have the base zoning requirements of the SF-S zoning district as described in the current zoning ordinance of the City of Canyon. The Crestview Estates will accommodate a modified street and lot layout for a sustainable community that provides generous native landscaped areas, unique lot diversity and pedestrian friendly circulation. CONCEPT PLAN REQUIREMENTS RELATION TO COMPREHENSIVE PLAN This project area is currently not zoned and is in the ETJ. The project area and proposed use are in accordance with the Canyon Future Land Use Plan in Area D of the recommended defined growth areas (defined as Low Density Residential: 2-5 dwelling units/acre) and Major Thoroughfare Plan depicted in the City’s Comprehensive Plan. The proposed development is in compliance of the Comprehensive Plan. RELATION TO WATER & WASTEWATER UTILITY STUDY (2017 VERSION) The project area and proposed use are in accordance with the designed project areas depicted in the City’s Utility Study(s). ACREAGE The proposed district of the subdivision area is approximately 73.1251 acres and right-of-way area within the proposed Aztec Drive and Ute Drive. SURVEY An accurate survey of the boundary of the units to be developed shall be provided to the City (Exhibit A and E). All units shall be developed in accordance with the Conceptual Plan (Exhibit B). LAND USES The land use is single family residential (Low Density Residential: 2-5 Dwelling Units/Acre). GENERAL THOROUGHFARE LAYOUT The attached Concept Plan includes the general thoroughfare layout. PAGE 14 OF 24 City of Canyon EXHIBIT D DEVELOPMENT STANDARDS The general development standards are as follows: Base Zoning: Single-Family Suburban Residential District (SF-S) Total Acres: 73.1251 (excludes Aztec area) Number of Residential Lots: 180 Lots/Acre: 2.46 Park/Open Space: Approx. 4.47 Acres 1 Construction Phases: I (64 lots), II (50 lots), III (66 lots) Land Use: Single-Family Residential Total Sidewalk (6-Ft.): 9,850 feet (1.36 acres); excludes pedestrian trail sidewalks that are owned by HOA Streets Widths: 33 feet BOC to BOC; Cul-De Sac widths: 31 feet 2 Curb and Gutter: 2’ wide (BOC to Gutter toe) Block Length and Widths: 2,000 feet length/230 feet width 3 Alleys: None 4 Cul-De-Sac Diameter: 110 Ft. Min. 5 Cul-De-Sac Street Lengths 650 feet 6 1 – Open space within this sustainable community includes native landscaped areas and does not have any water quality and/or detention pond areas. All common areas and pedestrian trail sidewalks (sidewalks in the open spaces) will be maintained by the HOA, along with the common areas and native landscaped areas will be owned by the HOA. 2 – The street widths indicated are less than the minimum standard of 37 feet from BOC to BOC. Developer requested a major waiver to the subdivision standards. The waiver request was taken to the City Commission, per the Canyon Code of Ordinances. At the January 6, 2020 City Commission Meeting, the Commission approved the allowance 33 feet width streets throughout the subdivision and 31 feet street width streets in cul-de-sacs. 3 – The block lengths exceed the 1,600 feet maximum required by code by approximately 400 feet and the block width minimum of 300 feet goes below the minimum by 70 feet less (2,000 feet length and 230 feet width). 4 – The subdivision will exclude the requirement for alleys. The residential structures will all have front- entry and the exterior will consist of yards and green spaces with trails walkways. 5 – The cul-de-sac diameter being provided is in excess of the minimum required by code and will provide an island with additional open space that provides a unique identity within the neighborhood. 6 – The cul-de-sac lengths exceed the 400 feet maximum required by code by approximately 250 feet from a connecting intersection to the center of the cul-de-sac (650 feet length). PAGE 15 OF 24 City of Canyon EXHIBIT D Average Lot Area: 13,562 Sq. Ft. 7 Minimum Lot Area: 7,000 Sq. Ft. Front Setback Minimum: 25 Ft. 8 Side Setback Minimum: 5 Ft. 9 Rear Setback Minimum: 10 Ft. Minimum Lot Width at Front Setback 60 Ft. Line: Minimum Lot Depth: 100 Ft. Maximum Bldg. Height: 2 stories maximum Maximum Bldg. Coverage on 50% 10 Average Lot: Minimum Building Footprint Square 2,000 sq. ft. Footage: Masonry Requirements: None. Connectivity: There shall be a street extension of Aztec Drive from the proposed subdivision to the current location of Aztec Drive. Speed Limits 25 mph (reduced from the standard 30 mph); reduction will require Ordinance Amendment. 7 – The average lot area exceeds the 7,000 SF minimum in SF-S base zoning district by approximately 51.6%. The nature of the meandering street layout within this sustainable neighborhood creates lots with varied sizes and shapes. This eliminates monotony while providing unique views as one walks or drives along the streets. Using this design technique, called coving, the average distances of homes front to front and homes rear to rear have increased (the areas where home windows are concentrated) compared to conventional planning that strives to make all lots at the 7,000 SF minimum. 8 – There is a variable front setback throughout the subdivision. The bulk of the lots within this sustainable community have a front setback, as depicted on the Concept Plan, in excess of the 25- feet minimum. This provides a more inviting pedestrian experience within the neighborhood. 9 – The minimum side setback shall be 10 adjacent to a side street (corner lots) per City of Canyon Code of Ordinances Chapter 156, Section 5.04. Otherwise, the required side setback for lots is 5 feet. 10 – If the largest building footprint is placed on the smallest lot, the resulting building coverage is 50%, 5,000 sq. ft. house on 10,000 sq. ft. lot. Anticipate building sizes between 2,000 and 4,000 sq. ft. PAGE 16 OF 24 City of Canyon EXHIBIT D STREET DESIGN CRITERIA The base street design criteria used within the Crestview Estates Subdivision is for “Local streets serving single-family residential property” and will comply with the City of Canyon Code of Ordinances Section 155.35 Street Arrangements and having a ROW width of 50 feet. The construction of streets, curbs/gutters and sidewalks will comply with the City of Canyon Standard Construction Specifications. 1. Tangent Sections: Tangent sections of the street / ROW are not required, but may be necessary near intersections and in cul-de-sacs. Curve radii and lower speeds can justify the lack of tangent sections on the secondary streets (not sure what to call them). 2. Street Width: Minimum pavement width for the secondary streets throughout the Subdivision is 33 feet (BOC to BOC). The cul-de-sac streets are prescribed with pavement widths of 31 feet (BOC to BOC). Cul-de-sac lanes of travel are to be a minimum of 20’ wide. 3. Curbs and Gutters: Traditional curb and gutters, as defined in the City of Canyon Standard Construction Details and Specifications and Canyon Code of Ordinances Section 155.35 Street Arrangements will be constructed. 4. Landscape of ROW and Easements: If trees will be planted between the back of curb and the sidewalk, they will be trees that do not damage the public infrastructure. Specific allowable trees will be placed in the deed restrictions. No trees will be planted in the middle of the cul- da-sacs that causes them to be an obstacle. Cul-de-sacs will be concrete pavement 5. Sidewalks: The residential meandering sidewalks adjacent to the street will be 6 feet in width. The sidewalks do not have to be precisely parallel to the streets and will be classified as meandering sidewalks. A meandering walk can be within the ROW of a street but also outside of the street ROW. Meandering sidewalks outside the street ROW; a public easement shall be dedicated and defined to be parallel to the walk. The public easement for the sidewalks shall be designated on the preliminary and final plat. Sidewalks will be constructed of concrete and to the City of Canyon design standards in the Code of Ordinances and the Canyon Standard Construction Specifications. 6. Pedestrian Trail Sidewalks: The residential pedestrian trail sidewalks will be 8 feet in width. The pedestrian trail sidewalk will be classified as a sidewalk going through the green/open space areas and not parallel to the street or meandering with the street. The residential pedestrian trail sidewalk in the center of the subdivision that connects the street from the east to the west, will serve as an emergency vehicle path. The emergency path will be constructed to hold the weight of a fire truck (weight requirements: 33,500 pounds on a single drive axle, per the Fire Apparatus Manufacturers Association (FAMA)) and noted on the Final Plat. Each end of the walkway that is intended for vehicular access shall have a standard alley apron at the street intersection. Pavement for the walkway shall be cement concrete and reinforced according to a construction detail submitted by the developer’s engineer and approved by the City. The pedestrian trail PAGE 17 OF 24 City of Canyon EXHIBIT D sidewalk system will be the ownership of the Homeowners Association (HOA) and NOT the City of Canyon. 7. Quality Control Inspections and Material Testing: Quality control inspections and associated materials testing for compliance will NOT be conducted by the City of Canyon and will be the responsibility of the Developer and their Engineer. Those results will be submitted by the Developer’s Engineer to the Public Works Director during the construction phases in a timely manner. If quality control or material is deemed to be out-of-compliance with the City of Canyon Specifications, the City will take corrective action measures. If deemed necessary by the City, due to non-compliance by the developer or developer’s contractor, quality assurance inspections and testing will be performed by the City or their designee at the cost to the developer and the City will not accept any public improvements nor authorize any building permits until those costs have been paid by the developer. The City of Canyon has the authority to conduct its own testing to ensure standards are being met, at any time. DRAINAGE REQUIREMENTS 1. Drainage Report Required An approved drainage report will be required prior to, or in conjunction with, any plat approval for the subdivision. This report must address on-site drainage / runoff concepts and affects for the pre and post development conditions. The major (1% chance of event occurring) and the minor storm (50% chance of event occurring) shall both be considered in the report. Methods, concepts and calculations included in the report shall be in accordance with the current Amarillo Storm Water Criteria Manual and subdivision ordinance (Canyon Code of Ordinances, Section 155.22 Drainage study for the proposed subdivision). The Drainage Study shall be performed by a Registered Engineer licensed to practice in the State of Texas. Canyon Code of Ordinances, Section 155.22: The Drainage Study shall contain the following information (at a minimum): (A) Identify existing and proposed hydrology and hydraulics of the site. (B) Proposed storm drainage system. (C) Specific solutions to drainage problems that will or could occur as a result of development. (D) Alternative solutions to drainage problems. (E) Capacity of facilities on and off-site. (F) Location of Floodplain and/or Floodway designated areas (if applicable). (G) Location of all proposed or existing drainage easements, both on-site and off-site. (H) Copies of all drainage calculations (methods to be approved by the City Engineer). (I) Existing and proposed contours of the platted area. Contour interval shall be not less than five feet. Existing contours shall be shown as dashed lines. Proposed contours shall be shown as solid lines. (J) Drainage patterns, both existing and proposed. (K) Contributing drainage areas and flows. PAGE 18 OF 24 City of Canyon EXHIBIT D (L) If the proposed development or any portion thereof is within an area designated by FEMA as a Floodway, the developer will be prohibited from development in the floodway unless the developer completes a HEC-2 study and/or receives a “Letter of Map Revision” from FEMA. (M) A Storm Water Pollution Prevention Plan in compliance with the National Pollutant Discharge Elimination System (NPDES) or the Texas Pollutant Discharge Elimination System (TPDES) of the Clean Water Act. A site grading plan with Finished Floor Elevations (FFEs) will be required to accompany the Drainage Study. All single-family homes will be constructed to the established FFEs and the home builder will be required to submit a certified elevation certificate before the house foundation is poured, certificate to be submitted by a licensed surveyor or licensed engineer. 2. New Drainage Facilities (A) The new drainage facilities for the entire development shall be completed before any vertical improvements may commence on the site. If there’s a drainage outfall or structure that affects the entire development (all units) or any other portion of the development, then all drainage improvements need to be constructed with Unit 1, to utilize that outfall. Drainage facilities that accommodates the drainage study for all lots in each unit will need to be constructed before building permits can be issued (Examples may include: Dirt work of each lot, retaining walls, berms, to include but are not limited to these specific examples). All drainage facilities that can be constructed during each Unit and that do not affect the entire development, can be constructed with the other public improvements during that Unit’s construction. (B) All drainage facilities for the entire development shall be completed in accordance with the city approved plans for such improvements. These plans should completely reflect and be based upon the concepts, capacities and sizing, indicated in the approved final drainage report for the entire subdivision, as certified by the developer’s engineer and accepted by the City Engineer. An on-site inspection by the Developer’s Engineer and a report of the inspection will be required to be submitted to the City Engineer and Public Works Director. An on-site inspection by the City Engineer or other City staff, may be required, prior to approval. PAGE 19 OF 24 City of Canyon EXHIBIT D 3. Official Review of Drainage Report by City of Canyon Developer shall receive one (1) official reviews/comments from the City Engineer at no cost. Developer shall pay the costs of the City Engineer’s subsequent reviews at the City’s official contract rate with the City Engineer. The rates can be given to the Developer, upon their request. If a Flood Study is determined to be required by the City Engineer and City Manager, Developer shall receive one (1) official reviews/comments from the City Engineer at no cost. Developer shall pay the costs of the City Engineer’s subsequent reviews at the City’s official contract rate with the City Engineer. The rates can be given to the Developer, upon their request. Mandatory Meeting Requirements: (A) The City Engineer and Developer’s Engineer will be required to meet before the submission of the initial Drainage Report to discuss the Amarillo Storm Water Criteria Manual, the subdivision ordinance (Canyon Code, Section 155.22 Drainage study for the proposed subdivision), copies of all drainage calculations (methods to be approved by the City Engineer), if the proposed development or any portion thereof is within an area designated by FEMA as a Floodway, establishment of expectations of the drainage report and all other pertinent items related to the drainage report. The City’s expectations for the Developer’s Engineer in the first meeting is to bring a rough sketch showing the overall drainage concept (include drainage area and routing). Submitted to the City Engineer prior to the first meeting. (B) City Engineer and Developer’s Engineer will be required to meet after the first official review/comments to discuss the comments and what is expected to conclude the review process and meet expectations of the drainage report. (C) If a Flood Study is required, the aforementioned meeting requirements will be adhered to for the Flood Study Review process (2 meetings for Flood Study and 2 meetings for Drainage Report). 4. Mediation of Drainage Report/Flood Study If the Developer’s Engineer and the City Engineer enter a formal disagreement on the Drainage Report and/or Flood Study. The City Manager will provide mediation to attempt to resolve the disagreement. A formal disagreement must be filed in writing by the Developer’s Engineer or City Engineer. The City Manager can determine and utilize the means necessary to resolve the disagreement. The City Manager’s decision is final. UTILITY REQUIREMENTS 1. Public Utilities (water and wastewater) (A) All water and wastewater construction shall be designed and certified by a Registered Professional Engineer, licensed in the State of Texas. All notifications of design and construction, related to public utility construction and as required by the TCEQ (Texas Commission on Environmental Quality) must be submitted per their regulations with a copy of all submissions to the City of Canyon Public Works Department. PAGE 20 OF 24 City of Canyon EXHIBIT D (B) ROWs and Easements: Construction of all public utilities shall take place in dedicated public rights-of-way or in utility easements dedicated to the City of Canyon. Utility easements, when needed, will be required to be shown on the final plat of the Unit or Subdivision. The minimum width for easements in which all utilities (public and private) are to be installed shall be 20 feet. Widths for easements required to house single, or less than all of the unit’s utilities shall be evaluated on a case by case basis. (C) Construction Standards: Construction of all public utilities shall be in accordance with the City of Canyon Standard Construction Specifications, Standard Construction Details, and all other applicable Local, State and Federal regulations. Alternative Construction Standards: Any alternative construction requests by the developer’s engineer that is outside the scope of the City of Canyon’s aforementioned specifications shall be submitted in writing, with the approval being determined by the City Engineer or Public Works Director. No alternatives will be administratively processed or approved, unless formally made in writing. It shall be the developer’s (or their Engineer’s) responsibility to ensure that public utility construction meet all of these requirements. Quality Control Inspections and Material Testing: Quality control inspections and associated materials testing for compliance will NOT be conducted by the City of Canyon and will be the responsibility of the Developer and their Engineer. Those results will be submitted by the Developer’s Engineer to the Public Works Director during the construction phases in a timely manner. If quality control or material is deemed to be out-of-compliance with the City of Canyon Specifications, the City will take corrective action measures for quality assurance purposes. If deemed necessary by the City, due to non-compliance by the developer or developer’s contractor, quality assurance inspections and testing will be performed by the City or their designee at the cost to the developer and the City will not accept any public improvements nor authorize any building permits until those costs have been paid by the developer. The City of Canyon has the authority to conduct their own testing to ensure standards are being met, at any time. (D) If deemed necessary to do oversizing by the City of Canyon, the City shall pay any over- size cost of any water or sewer main inside such subdivision larger than eight inches, unless such larger size is required to serve the subdivision, which shall be determined by the City Engineer. The developer will provide the oversize amount as an additive alternate on their bid. The City of Canyon will pay the difference of the base bid and the alternate bid for their portion of oversizing the system. The City will require utility easements, 20 feet in width, parallel and adjacent to FM 2590 (Soncy Rd.) and Hunsley Rd. to accommodate these lines. These easements should be dedicated on each unit plat. Continuation of these easement will be required as the subdivision expands into additional units, so that these lines reach the perimeter of the entire subdivision. Additionally, the developer will be required to run water and sewer to the end of the subdivision, for future expansion to the utility system. PAGE 21 OF 24 City of Canyon EXHIBIT D BUILDING PERMITS Upon final approval of the full set of construction plans for each Unit by the City of Canyon Public Works Department, the developer must complete all street, drainage, public utility and private utility improvements (excluding street lights) prior to commencement of any building construction (residential or commercial) on any lot within the current Unit of the Subdivision. This requirement will be applicable for each unit of the subdivision. All single-family homes will be constructed to the established FFEs and the home builder will be required to submit a certified elevation certificate before the house foundation is poured, certificate to be submitted by a licensed surveyor or licensed engineer. DEVELOPER’S SURETY 1. All intended public infrastructure (City maintained) constructed by the developer (all public utilities, streets, sidewalks, etc.), for the entire Crestview Estates Subdivision shall meet or exceed City standards and design criteria for the Performance Period, being the time period from the developer issued notice to proceed for construction, until the date of acceptance of the infrastructure by the City. Construction of the public infrastructure cannot commence until the surety (required below) is on file with the City and the approval of the Final Plat. 2. All public infrastructure construction shall be performed by a bonded contractor who has filed a faithful performance bond with the City. 3. In order to provide financial security for the obligation described in paragraph 1 of this Section above, developer shall post with the City a “Cash Surety” (as defined below), in the sum of 100% of the total contract price of all public infrastructure to be installed for this subdivision, and shall be executed by such person as principal and a company authorized to do business in the state of Texas as surety. This “Cash Surety” is to be approved by the City Manager or his designee (City Attorney), be payable to the City and conditioned on the faithful and successful performance of the rules, regulations and ordinances of the City of Canyon and the approved construction plans and specifications governing such work. A statement of construction value shall be provided to the City Engineer and Public Works Director to support the Cash Surety amount. This statement shall include construction totals based on general infrastructure category, i.e., water, wastewater, street paving, storm water management facilities, etc. 4. As used herein, the term “Cash Surety” shall mean one of the following: (i) Cash or its equivalent delivered to the City and to be held by the City in a separate, interest-bearing account with all interest thereon belonging to the City; (ii) A performance bond issued in the name of the City on terms reasonably acceptable to the City. (iii) An irrevocable letter of credit in the name of the City, accompanied by a certified Opinion of Probable Cost (OPC) by a Licensed Engineer for the public infrastructure. PAGE 22 OF 24 City of Canyon EXHIBIT D The OPC must be approved by the City of Canyon, specifically that the amounts are accurate and not underestimated. 5. If, during the Performance Period, the City Engineer and/or Public Works Director sends a written notice to the Applicant stating that the public improvements for the Subdivision are not in compliance with the City design criteria or standards specified in the approved design documents, (and specifying in such notice the specific deficiencies in such construction), Applicant shall do one of the following, within 30 days of such notice: (i) notify the City in writing that the Applicant shall rectify the problems specified by the City Engineer and/or Public Works Director, or (ii) notify the City in writing that Applicant disagrees with the conclusion of the City Engineer and/or Public Works Director. In the event that Applicant fails to send either of the two written notices specified above within such 30-day period, Applicant shall be deemed to have selected option (i) above. 6. In the event that Applicant notifies the City that Applicant will rectify the problems specified by the City Engineer and/or Public Works Director as contemplated in the paragraph above, Applicant shall be required to complete such necessary work in a reasonably expeditious manner, not to exceed 90 days, subject to force majeure. 7. In the event that Applicant notifies the City that Applicant disagrees with the conclusion of the City Engineer and/or Public Works Director, the City and Applicant shall agree on another independent third-party engineer within 15 days of the City’s receipt of Applicant’s written notice. In the event that the City and Applicant fail to agree on the designation of such independent third-party engineer within such 15-day period, the City shall select such independent third-party engineer. The independent third party engineer shall determine if the public improvements for the Subdivision are being constructed to meet the design criteria in the approved design documents, and the conclusion of the independent third party engineer in that regard shall be binding on the Applicant, its successors and assigns, and the City; provided, however, nothing is intended to modify or reduce Applicant’s obligations pursuant to State law (regulatory or common law). In the event that the independent third party engineer specifies in a written notice to Applicant that the public improvements for the Subdivision are not being constructed to meet the design criteria in the approved design documents (and specifying in such notice the specific deficiencies in such construction), Applicant shall be required to complete such necessary work in a reasonably expeditious manner, a time not to exceed 90 days, subject to force majeure, from the receipt by Applicant of the written notice from the independent third party engineer. Applicant shall be responsible for paying all inspection costs of such independent third-party engineer and materials testing. 8. In the event that Applicant fails to rectify the specified problems in the public infrastructure construction for the Subdivision within the 90-day period, subject to force majeure, under either paragraph 6 or paragraph 7 above, the City shall have the right to utilize the Surety to rectify the specified problems in the public improvements. The City shall be required to notify Applicant in writing of the City’s election to utilize the Surety for this purpose. 9. Within 30 days following the expiration of the Performance Period, the City shall return to Applicant any unused Cash Surety. PAGE 23 OF 24 City of Canyon EXHIBIT D CONSTRUCTION WARRANTY FOR PUBLIC FACILITIES 1. Maintenance Bond (A) Prior to acceptance of public improvements or approval of private improvements for each phase or unit, a Maintenance Bond or other surety instrument (as defined above) shall be provided by the developer and accepted by the City in compliance with the following: a. The bond shall be in an amount equal to 10% of the total cost of installation of all of the public improvements for one (1) calendar year from the date of City acceptance of said improvements. This date will be the same as the letter of acceptance from the City of Canyon Public Works Department. b. The bond shall cover all public improvements. The construction value or final pay estimate shall be provided to the City Engineer to support said warranty and maintenance bond amounts. c. The bond shall be approved by the City Attorney as to form, sufficiency, and manner of execution. d. In an instance where a Maintenance Bond or other surety instrument has been posted and a defect or failure of any public improvement occurs within the period of coverage, the City may declare said bond or surety instrument to be in default and require that the improvements be repaired or replaced. e. Whenever a defect or failure of any public improvement occurs within the period of coverage, the City shall require that a new Maintenance Bond or surety instrument be posted for a period of one (1) full calendar year sufficient to cover the corrected defect or failure. PAGE 24 OF 24 City of Canyon EXHIBIT E - HIGH QUALITY DOCUMENTS AGENDA ITEM 8 AGENDA To: Joe Price, City Manager From: Danny Cornelius, Director of Planning and Development Date: November 16, 2020 Re: Planning and Development 2019 – 2020 Fiscal Year Annual Report. A summary of the Planning and Development Department activity for the 2019 – 2020 fiscal year is attached along with a 10-year comparison. New single-family home construction reached 147 houses compared to 88 last fiscal year. New commercial/educational construction finished at $20,420,000. The new Spring Canyon Elementary ($18,000,000) led the way. Permits were issued for 16 commercial/educational remodels and additions totaling $15,241,000. The largest project was the new field house at Kimbrough Stadium ($8,000,000). Lone Star Dairy Products at 401 W Hwy 60 followed with 2 projects, a new anaerobic bioreactor for industrial wastewater treatment valued at $4,371,000 and new office building/lab/warehouse valued at $650,000. RECOMMENDED MOTION This is an informational report only, no motion/action required. City of Canyon CITY OF CANYON 2019-2020 BUILDING STATISTICS SINGLE FAMILY CONSTRUCTION DATE SQUARE FEET FINALED CONTRACTOR 71 NICCI LN 10/11/2019 2,154 04/02/2020 N & B PROPERTIES 68 NICCI LN 10/01/2019 2,279 04/10/2020 N & B PROPERTIES 63 CANYON EAST PKWY 10/14/2019 2,304 10/31/2019 N & B PROPERTIES 64 CANYON EAST PKWY 10/14/2019 2,304 05/06/2020 N & B PROPERTIES 1 HOPE WELL LN 10/23/2019 2,914 03/26/2020 29:11 HOMES 25 GRIFFIN DR 10/24/2019 4,210 08/17/2020 TINSLEY/LYONS 5 BACKUS LN 10/25/2019 2,922 06/24/2020 LLANO CONSTRUCTION 9 BACKUS LN 10/25/2019 3,225 06/24/2020 LLANO CONSTRUCTION 13 BACKUS LN 10/25/2019 3,284 06/24/2020 LLANO CONSTRUCTION 8 ROCK COVE 10/25/2019 2,922 05/13/2020 LLANO CONSTRUCTION 12 ROCK COVE 10/25/2019 3,283 07/06/2020 LLANO CONSTRUCTION 16 ROCK COVE 10/25/2019 3,225 07/31/2020 LLANO CONSTRUCTION 3 CARTER LN 10/29/2019 3,410 06/09/2020 HOME BY LYONS 18 WILLEFORD LN 11/04/2019 2,553 04/22/2020 RED HOMES 29 FAITH STEP LN 11/18/2019 2,445 06/10/2020 CASE CONCEPTS 3 MASYN LN 11/18/2019 4,750 07/08/2020 PALOMINO HOMES 32 KENNA LN 12/05/2019 3,895 07/22/2020 HOME BY LYONS 16 WILLEFORD LN 12/06/2019 2,475 04/23/2020 RED HOMES 17 BACKUS LN 12/09/2019 3,063 LLANO CONSTRUCTION 4 ROCK COVE 12/16/2019 3,063 08/21/2020 LLANO CONSTRUCTION 14 WILLEFORD LN 12/23/2019 2,786 05/11/2020 RED HOMES 15 HINDERS DR 12/31/2019 2,645 06/22/2020 TINSLEY/LYONS 10 CASE LN 01/14/2020 2620 06/22/2020 29:11 HOMES 406 38TH ST A 01/27/2020 1132 B & M ASSESTS 406 38TH ST B 01/27/2020 1132 B & M ASSESTS 406 38TH ST C 01/27/2020 1132 B & M ASSESTS 406 38TH ST D 01/27/2020 1132 B & M ASSESTS 406 38TH ST E 01/27/2020 1132 B & M ASSESTS 406 38TH ST F 01/27/2020 1132 B & M ASSESTS 406 38TH ST G 01/28/2020 1132 B & M ASSESTS 406 38TH ST H 01/28/2020 1132 B & M ASSESTS 406 38TH ST I 01/28/2020 1866 B & M ASSESTS 406 38TH ST J 01/28/2020 1866 B & M ASSESTS 406 38TH ST K 01/28/2020 1866 B & M ASSESTS 406 38TH ST L 01/29/2020 1866 B & M ASSESTS 406 38TH ST M 01/29/2020 1866 B & M ASSESTS 406 38TH ST N 01/29/2020 1866 B & M ASSESTS 406 38TH ST O 01/29/2020 1866 B & M ASSESTS 406 38TH ST P 01/29/2020 1866 B & M ASSESTS 31 FAITH STEP LN 02/07/2020 2503 05/06/2020 CASE CONCEPTS 10 WILLEFORD LN 02/14/2020 2742 07/02/2020 RED HOMES 12 WILLEFORD LN 02/17/2020 2774 05/23/2020 RED HOMES 1 BACKUS LN 02/17/2020 3124 05/01/2020 RED HOMES 8 WILLEFORD LN 02/25/2020 2871 08/11/2020 RED HOMES 19 ROCK COVE 02/26/2020 3083 06/27/2020 RED HOMES 23 GRACE WOOD LN 02/27/2020 2620 09/02/2020 29:11 HOMES 80 NICCI LN 03/03/2020 2538 06/08/2020 N & B PROPERTIES 73 NICCI LN 03/03/2020 2304 07/17/2020 N & B PROPERTIES 70 NICCI LN 03/03/2020 2519 09/30/2020 N & B PROPERTIES 6 CASE LN 03/10/2020 2620 07/07/2020 29:11 HOMES 33 FAITH STEP LN 03/10/2020 2486 09/14/2020 CASE CONCEPTS 1 ROCK COVE 03/11/2020 2826 06/27/2020 RED HOMES 4 BACKUS LN 03/11/2020 3283 LLANO CONSTRUCTION 2 BACKUS LN 03/11/2020 3585 09/30/2020 LLANO CONSTRUCTION 16 BACKUS LN 03/11/2020 3283 LLANO CONSTRUCTION 4 WILLEFORD LN 03/12/2020 2757 07/17/2020 RED HOMES 6 WILLEFORD LN 03/12/2020 3523 07/24/2020 RED HOMES 75 NICCI LN 03/18/2020 2449 06/30/2020 N & B PROPERTIES 7 ROCK COVE 03/20/2020 2553 07/22/2020 RED HOMES 9 ROCK COVE 03/23/2020 2496 08/20/2020 RED HOMES 3 ROCK COVE 03/23/2020 2585 08/07/2020 RED HOMES 40 HIGHLAND LN 03/23/2020 2585 07/10/2020 RED HOMES 8 BACKUS LN 03/24/2020 2948 LLANO CONSTRUCTION 35 GRACE WOOD LN 03/24/2020 2740 07/28/2020 29:11 HOMES 34 HIGHLAND LN 03/26/2020 2742 07/10/2020 RED HOMES 5 ROCK COVE 03/26/2020 2774 08/11/2020 RED HOMES 5 WIECK DR 03/26/2020 2810 09/17/2020 TINSLEY/LYONS 12 BACKUS LN 03/30/2020 2906 LLANO CONSTRUCTION 13 ROCK COVE 04/06/2020 2730 RED HOMES 11 ROCK COVE 04/07/2020 2786 08/28/2020 RED HOMES 4 CRESTWAY CT 04/09/2020 5480 TINSLEY - LYONS 17 WILLEFORD LN 05/27/2020 2476 RED HOMES 17 ROCK COVE 04/14/2020 2553 07/30/2020 RED HOMES 15 ROCK COVE 04/15/2020 2556 09/23/2020 RED HOMES 20 CANYON RIM 05/01/2020 2366 HUSEMAN BUILDERS 5 YUEL CT 04/22/2020 3464 MADEWELL CONSTRUCT 33 CASE LN 04/23/2020 2756 08/14/2020 RED HOMES 37 LIVING WAY LN 04/30/2020 2746 09/23/2020 29:11 HOMES 36 LIVING WAY LN 04/30/2020 2441 09/25/2020 29:11 HOMES 77 NICCI LN 05/05/2020 2221 09/30/2020 N & B HOMES 74 NICCI LN 05/05/2020 2279 08/02/2020 N & B HOMES 72 NICCI LN 05/06/2020 2426 08/26/2020 N & B HOMES 20 BACKUS LN 05/07/2020 3076 RED HOMES 15 WILLEFORD LN 05/27/2020 2746 09/30/2020 RED HOMES 78 NICCI LN 05/27/2020 2267 09/22/2020 N & B HOMES 11 WILLEFORD LN 05/12/2020 2553 10/08/2020 RED HOMES 3 WILLEFORD LN 05/12/2020 2553 09/29/2020 RED HOMES 18 ROCK COVE 05/12/2020 2922 09/30/2020 LLANO CONSTRUCTION 5 WILLEFORD LN 05/14/2020 2556 RED HOMES 2 MASYN LN 05/14/2020 5685 HOME BY LYONS 9 WILLEFORD LN 05/15/2020 2476 RED HOMES 7 WILLEFORD LN 05/20/2020 2774 09/14/2020 RED HOMES 27 GRACW WOO LN 05/20/2020 2441 29:11 HOMES 13 WILLEFORD LN 05/20/2020 2585 09/29/2020 RED HOMES 2 WILLEFORD LN 06/09/2020 2742 10/06/2020 RED HOMES 20 MAURICE LN 06/09/2020 2567 STANDEFER 21 MAURICE LN 06/09/2020 2968 STANDEFER 35 FAITH STEP LN 06/10/2020 2445 CASE CONCEPTS 23 NICCI LN 06/12/2020 2221 N & B HOMES 58 NICC LN 06/12/2020 2628 N & B HOMES 21 NICCI LN 06/16/2020 2415 N & B HOMES 32 FAITH STEP LN 06/22/2020 2717 CASE CONCEPTS 8 CARTER LN 06/22/2020 5505 HOME BY LYONS 39 LIVING WAY LN 06/22/2020 2085 29:11 HOMES 41 JYNTEEWOOD CIR 06/24/2020 3396 BILL & JANE CONSTRUCT 76 NICCI LN 06/27/2020 2415 N & B HOMES 38 LIVING WAY LN 06/27/2020 2611 29:11 HOMES 37 GRACE WOOD LN 06/27/2029 2746 29:11 HOMES 39 GRACE WOOD LN 06/28/2020 2611 29:11 HOMES 23 CASE LN 06/28/2020 2896 MDRL PROPERTIES 1305 8TH AVE 06/28/1930 1663 DOS 2 LUIS 27 HIGHLAND LN 06/28/2020 2734 CASE CONCEPTS 22 WILLEFORD LN 07/07/2020 3098 RED HOMES 46 HIGHLAND LN 07/08/2020 2742 RED HOMES 402 LA DUCHESSE DR 07/12/2020 2896 B & M ASSET 1 WILLEFORD LN 07/16/2020 2757 RED HOMES 44 HIGHLAND LN 07/16/2020 2553 RED HOMES 81 NICCI LN 07/20/2020 2221 N & B HOMES 79 NICCI LN 07/20/2020 2221 N & B HOMES 36 HIGHLAND LN 08/04/2020 2656 RED HOMES 38 HIGHLAND LN 08/04/2020 2864 RED HOMES 21 WILLEFORD LN 08/04/2020 3415 RED HOMES 9 YUEL CT 08/04/2020 3723 MADEWELL 6 GIMBLE DR 08/05/2020 3120 29:11 HOMES 7 GIMBLE DR 08/05/2020 3352 29:11 HOMES 10 GIMBLE DR 08/05/2020 3352 29:11 HOMES 9 GIMBLE DR 08/05/2020 3120 29:11 HOMES 15 BACKUS LN 08/06/2020 2922 LLANO CONSTRUCTION 14 ROCK COVE 08/06/2020 2922 LLANO CONSTRUCTION 4 GIMBLE DR 08/17/2020 3120 29:11 HOMES 32 HIGHLAND LN 08/13/2020 2786 RED HOMES 42 HIGHLAND LN 08/01/2020 2742 RED HOMES 37 FAITH STEP LN 08/13/2020 2489 CASE CONCEPTS 3 KINGSTON DR 08/20/2020 3120 29:11 HOMES 41 HIGHLAND LN 09/01/2020 2742 RED HOMES 5 KINGSTON DR 09/01/2020 3352 29:11 HOMES 56 FAITH STEP LN 09/02/2020 2454 CASE CONCEPTS 35 HIGHLAND LN 09/02/2020 2774 RED HOMES 43 FAITH STEP LN 09/02/2020 2489 CASE CONCEPTS 41 FAITH STEP LN 09/02/2020 2477 CASE CONCEPTS 39 FAITH STEP LN 09/04/2020 2607 CASE CONCEPTS 14 CASE LN 09/16/2020 2504 29:11 HOMES 45 FAITH STEP LN 09/16/2020 2509 CASE CONCEPTS 21 BACKUS LN 09/16/2020 3416 RED HOMES 22 ROCK COVE 09/16/2020 3119 RED HOMES 1 CARTER LN 09/22/2020 5351 HOME BY LYONS 6 KAMBREE LN 09/29/2020 4,035 RED HOMES TOTAL 147 DUPLEXES TOTAL 0 MULTI FAMILY TOTAL 0 OTHER RESIDENTIAL CONSTRUCTION REMODELS 23 ADDITIONS 5 ACCESSORY BUILDINGS 5 GARAGES / CARPORTS 7 POOLS 2 OTHER RESIDENTIAL CONSTRUCTION 3 TOTAL 45 RESIDENTIAL DEMOLITIONS CONTRACTOR 700 8TH ST 09/09/2020 DETACHED GARAGE CHUCK JACOBSON TOTAL 1 NEW COMMERCIAL/EDUCATIONAL CONTRACTOR 20 BUCKSTON - SPRING CANYON ELE 12/12/2019 18,000,000 SOUTHWEST GENERAL 701 1ST AVE-C - WAREHOUSE 01/07/2020 170,000 OWNER-ASHFORD 710 23RD ST - DENTAL OFFICE 01/09/2020 440,000 LLANO CONSTRUCT 701 1ST AVE-D - WAREHOUSE 03/16/2020 110,000 OWNER-ASHFORD 1701 FM 2590 - XCEL SUBSTATION 07/12/2020 1,700,000 SWCCI TOTAL 5 20,420,000 COMMERCIAL/EDUCATIONAL REMODELS AND ADDITIONS CONTRACTOR 700 US HWY 60 -VANZANDT 10/22/2019 460,000 BCL CONSTRUCTION 2800 N 23RD ST- CISD STADIUM 12/09/2019 8,000,000 PAGE & ASSOCIATES 301 W US HWY 60 - RANDALL CO 12/11/2019 160,000 OWNER-RANDALL CO 401 W US HWY 60 - OFFICE BLDG 12/19/2019 650,000 HS OUTDOORSMEN 1605 4TH AVE- CEDC 12/30/2019 82,000 CANYON HOME SERV 2304 4TH AVE -CANYON POPCORN 04/09/2020 25,000 DEWALD CONST 5005 4TH AVE -CREEKHOUSE HONEY 04/24/2020 400,000 DACO BUILDERS 401 W US HWY 60-NEW REACTOR 04/30/2020 4,371,000 OWNER-LSDP 301 16TH ST -COC-BUSNESS OFFICE 05/18/2020 10,000 CAN CONST & ROOF 205 N 23RD ST B -AUTOZONE 05/20/2020 375,000 TEXAS ALLIANCE 306 23RD ST -LITTLE CASEARS 06/11/2020 300,000 PILOT CONST 3406 4TH AVE - JOURNEY COFFEE 06/24/2020 150,000 GPD CONSTRUCTION 1701 N 23RD ST -CLAIRE'S 06/24/2020 46,600 REAMS ENTERPRISES 1605 4TH AVE- CEDC 07/07/2020 4,400 CAN CUSTOM METAL 421 16TH ST - SAYAKOMARNS 07/20/2020 100,000 BARRIENTOS CONST 205 N 23RD ST A -NAIL SALON 08/03/2020 107,000 BRAMLET CONST TOTAL 16 15,241,000 COMMERCIAL DEMOLITIONS CONTRACTOR 710 23RD ST-ENTIRE BLDG 11/26/2020 PALM BEACH TAN GRANT CONST 2201 8TH AVE -ENTIRE BLDG 11/26/2020 H&R BLOCK GRANT CONST 1601 4TH AVE -INTERIOR 12/17/2019 CAN HOME SERVICES 504 23RD ST -CANOPY & TANKS 12/31/2019 PURE WATER GRANT CONST 1701 N 23RD ST -INSIDE BANK 03/12/2020 WALMART MAHONEY CONST 306 23RD ST -INTERIOR WALLS 03/18/2020 LITTLE CAESARS PILOT CONST 205 N 23RD ST A/B- INTERIOR 05/20/2020 AUTOZONE/NAIL BRAMLET CONST TOTAL 7 SUBCONTRACTOR PERMITS ELECTRICAL PERMITS 71 EVENT PERMITS 24 INSULATION PERMITS 1 MECHANICAL PERMITS 132 PLUMBING PERMITS 317 ROOFING PERMITS 162 SIGN PERMITS 39 FIRE CODE PERMITS 25 WATER WELLS 1 TOTAL 772 FEES PERMIT FEES 178,608 REINSPECTION FEES 8,750 LICENSE FEES 11,120 TOTAL 198,478 CONTRACTOR REGISTRATIONS ALOHOLIC BEVERAGE 3 BUILDING 97 ELECTRICAL 64 FIRECODE 3 GLASS & GLAZING 1 HOUSE MOVER 1 INSULATORS 4 IRRIGATORS 21 MECHANICAL 57 PLUMBING 61 ROOFING 62 POOL 2 SIDEWALK 3 SIGN 15 WATER TREATMENT 2 TOTAL 396 INSPECTIONS ROB 1635 STAN 2881 DANNY 225 CRAIG 236 VINCE 35 DALE 2 RAY 14 STEVE 6 DENNIS 1 TOTAL 5,035 VIOLATIONS WEEDS 68 MOWED 5 LIENS 0 ACCUMULATIONS 14 RESTRICTION OF VIEW 1 SIGN 10 OTHER 5 TOTAL 98 PLANNING AND DEVELOPMENT - 10 YEAR ACTIVITY New Construction 2019-2020 2018-2019 2017-2018 2016-2017 2015-2016 2014-2015 2013-2014 2012-2013 2011-2012 2010-2011 Single Family Homes 147 88 71 72 66 39 21 73 43 43 Duplex/Multi-Family 0 2 1 8 2 2 11 10 1 3 Accessory Buildings/Garages 10 9 3 4 2 6 2 10 7 16 Other (Swimming Pools, Etc.) 5 2 8 3 7 6 2 1 1 1 New Commercial 6 14 6 11 8 9 11 11 8 11 Remodels/Additions Residential Remodels/Additions 28 27 41 23 31 30 35 29 31 42 Commercial Remodels/Additions 16 21 10 12 13 12 5 12 13 11 Subcontractor Permits Electrical Permits 71 74 75 101 118 136 111 111 89 90 Event Permits 24 40 37 32 31 21 0 0 0 0 Insulation Permits 1 2 2 3 2 3 0 0 0 0 Mechanical Permits 132 136 139 165 183 193 150 148 123 134 Plumbing Permits 317 299 270 295 301 272 335 325 312 340 Roofing Permits 162 425 284 332 705 1190 110 85 95 106 Sign Permits 39 33 38 34 25 37 42 25 25 43 Fire Code Permits 25 29 42 36 28 29 29 24 17 29 Demolitions Residential Demolitions 1 7 2 3 3 3 4 13 2 6 Commercial Demolitions 7 4 1 15 6 5 2 5 3 6 Contractors Contractor Registrations 396 154 126 86 93 71 50 60 66 62 Inspections/Violations Inspections 5035 3974 3798 3638 4607 2685 2435 2798 2445 2501 Violations (Weeds, Accum, Etc.) 98 182 157 389 405 378 524 654 591 472

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