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City of Canyon Commission Meetings

Regular Meeting

Canyon, TX · May 2, 2022

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Minutes

City Commission Meeting May 2, 2022 The City Commission of the City of Canyon met at 4:30 pm in the City Commission Chambers of the Civic Complex. Mayor Gary Hinders presided over the meeting with the following Commissioners in attendance, Mayor Pro-Tem Cody Jones, Kelsey Ward, Paul R. Lyons and Randy Ray. Also present were the following City Staff: City Manager Joe Price, Assistant City Manager Jon Behrens, City Secretary Gretchen Mercer, IT Director Shaun Holtman, HR Director Hector Mendoza, Library Director Carlene Rittenberry, Business and Community Development Director Evelyn Ecker, Business and Community Development Interim Director Larry Tucker, Chief of Police Steve Brush, Planning and Development Director Danny Cornelius, Planning and Development Assistant Director Craig Brown, Director of Public Works Dan Reese, Public Works Administrative Assistant Sarah Jusiak, Water Superintendent Eric Whitten, Fire Chief Dennis Gwyn, Finance Director Joel Wright, Budgeting and Purchasing Manager Beau Boyer, City Engineer Adolfo Garcia, PRPC Community Economic Development Program Specialist Paige Witthar, 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 Ray. Item 4. Approval of the Minutes of the Meeting of April 18, 2022 Mayor Pro-Tem Jones moved, duly seconded by Commissioner Ray to approve the minutes of April 18, 2022 as presented. Motion carried unanimously. Item 5. Public Comment – Comments from Interested Citizens. No Comments were made. Item 6. Consider and Take Appropriate Action on Second and Final Reading of Resolution No. 05-2022, A Resolution of the City Commission of the City of Canyon Approving Funding to the Canyon Chamber of Commerce by the Canyon Economic Development Corporation Supporting the Annual Independence Day Celebration. Business and Community Development Director Evelyn Ecker presented Resolution No. 05-2022 for the first of two required readings. Ms. Ecker said the Canyon Chamber of Commerce requested $11,500 to help with the cost of the July 4th event that includes the parade, Fair on the Square, concert, and fireworks. Ms. Ecker said the request qualifies for funding as a quality of life City Commission Meeting May 2, 2022 Page 2 of 4 event and brings in an estimated 30,000 plus tourists and visitors. Mr. Ecker said the Canyon Economic Development Corporation held a public hearing April 14, 2022 with no opposition. After discussion, Commissioner Ward moved, duly seconded by Mayor Pro-Tem Jones to approve Resolution No. 05-2022 as presented. Motion carried unanimously. RESOLUTION NO. 05-2022 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON APPROVING FUNDING TO THE CANYON CHAMBER OF COMMERCE BY CANYON ECONOMIC DEVELOPMENT CORPORATION SUPPORTING THE ANNUAL INDEPENDENCE DAY CELEBRATION. Item 7. Preliminary Discussion of Fiscal Year 2022-2023 ESTIMATE of Taxable Valuation Provided by PRAD and Estimate of Property Tax Revenue at Current Tax Rates. Finance Director Joel Wright presented Certified Estimates of Taxable Value for 2022 for the City of Canyon as provided by Potter-Randall Appraisal District on April 25, 2022. Mr. Wright reviewed the estimated values of taxable property and the Tax Increment Reinvestment Zone (TIRZ). No action, informational only. Item 8. Consider and Take Appropriate Action on Resolution No. 07-2022, A Resolution of the City Commission of the City of Canyon, Texas, Approving an Interlocal Agreement with Panhandle Regional Planning Commission for Application Assistance for 2022 TXCDBG Downtown Revitalization Program and Associated Administration Consideration if Funded. Assistant City Manager Jon Behrens presented Resolution No. 07-2022 for consideration. Mr. Behrens stated the City was moving forward with the first steps in the 2022 funding cycle for the Texas Department of Agriculture TXCDBG Downtown Revitalization Program and have reached out to the Panhandle Regional Planning Commission to complete the application and all associated requirements on behalf of the City of Canyon. Mr. Behrens said this would include procuring an engineering firm for the project through the RFQ process. Mr. Behrens said the City of Canyon will apply for a $500,000 grant with a required City match of 15% ($75,000) and the Texas Department of Agriculture requires the City and PRPC enter into an Interlocal Agreement pursuant to Chapter 791 of the Texas Government Code. Mr. Behrens said the City will work closely with the PRPC with then intent to propose a project that will result in significant improvement to the east alley on the Square. After discussion, Commissioner Ray moved, duly seconded by Commissioner Ward to adopt Resolution No. 07-2022 authorizing the execution of an Interlocal contract with the PRPC under the Interlocal Cooperation Act for grant application preparation and potential grant management services for the City of Canyon’s activates related to the 2022 Main Street program. Motion carried unanimously. City Commission Meeting May 2, 2022 Page 3 of 4 RESOLUTION NO. 07-2022 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS, APPROVING AN INTERLOCAL AGREEMENT WITH PANHANDLE REGIONAL PLANNING COMMISSION FOR APPLICATION ASSISTANCE FOR 2022 TXCDBG DOWNTOWN REVITALIZATION PROGRAM AND ASSOCIATED ADMINISTRATION CONSIDERATION IF FUNDED. Item 9. Consider and Take Appropriate Action on Resolution No. 08-2022, A Resolution of the City Commission of the City of Canyon, Texas, Approving Proposals Received for Engineering Services for Application to the 2022 TXCDBG Downtown Revitalization Program & Associated Engineering Consideration if Funded. Assistant City Manager Jon Behrens presented Resolution No. 08-2022 for consideration. Mr. Behrens stated as part of the TXCDBG Downtown Revitalization Program grant, the City of Canyon is required to solicit and select an engineering firm to design the alley improvements that make up the proposed project. Mr. Behrens said staff reviewed and scored Statement of Qualifications from two firms that submitted proposals to provide engineering services associated with this grant application. Mr. Behrens said submittals were evaluated based on scoring criterion provided by the PRPC with both Parkhill, Smith and Cooper and Brandt Engineering receiving the same score. Mr. Behrens stated the City Commission would need to choose the firm they felt best fit. After discussion, Commissioner Ray moved, duly seconded by Mayor Pro-Tem Jones to adopt Resolution No. 08-2022 selecting Brandt Engineers to provide engineering services for the City of Canyon’s participation in the Main Street Program and hereby authorize the Mayor and the City Manager to execute any and all documents to effectuate said engineering services contract. Motion carried with Commissioner Lyons voting against. RESOLUTION NO. 08-2022 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS, APPROVING PROPOSALS RECEIVED FOR ENGINEERING SERVICES FOR APPLICATION TO THE 2022 TXCDBG DOWNTOWN REVITALIZATION PROGRAM & ASSOCIATED ENGINEERING CONSIDERATION IF FUNDED. Item 10. Executive Session Pursuant to §551.071 Consultation with Attorney, §551.072 For Deliberation Regarding Real Property and, §551.087 Deliberation Regarding Economic Development Negotiations. Mayor Hinders indicated the City Commission would adjourn into Executive Session at 4:58 pm. Item 11. Consider and Take Appropriate Action on Items Discussed in Executive Session. Upon returning from Executive Session at 7:48 pm, no action was taken. City Commission Meeting May 2, 2022 Page 4 of 4 Item 12. Consider and Take Appropriate Action on Cost Share Agreement and Annexation Agreement for Gerald Development. Commissioner Ray moved, duly seconded by Mayor Pro-Tem Jones to adopt the Annexation Agreement and Cost Share Agreement for the Development of the Gerald Property. Motion carried unanimously with Mayor Hinders abstaining. Item 13. Adjourn. There being no further business, Mayor Pro-Tem Jones moved this meeting be adjourned at 7:31 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 2nd day of May 2022 in the Commission Chambers of City Hall at 301 16th Street in the City of Canyon to discuss the following agenda items. Social Distancing and masks are encouraged. 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 April 18, 2022. 5. Public Comment – Comments from Interested Citizens. 6. Consider and Take Appropriate Action on Second and Final Reading of Resolution No. 05-2022, A Resolution of the City Commission of the City of Canyon Approving Funding to the Canyon Chamber of Commerce by the Canyon Economic Development Corporation Supporting the Annual Independence Day Celebration. 7. Preliminary Discussion of Fiscal Year 2022-2023 ESTIMATE of Taxable Valuation Provided by PRAD and Estimate of Property Tax Revenue at Current Tax Rates. 8. Consider and Take Appropriate Action on Resolution No. 07-2022, A Resolution of the City Commission of the City of Canyon, Texas, Approving an Interlocal Agreement with Panhandle Regional Planning Commission for Application Assistance for 2022 TXCDBG Downtown Revitalization Program and Associated Administration Consideration if Funded. 9. Consider and Take Appropriate Action on Resolution No. 08-2022, A Resolution of the City Commission of the City of Canyon, Texas, Approving Proposals Received for Engineering Services for Application to the 2022 TXCDBG Downtown Revitalization Program & Associated Engineering Consideration if Funded. 10. Executive Session Pursuant to §551.071 Consultation with Attorney, §551.072 for Deliberation Regarding Real Property and §551.087 Deliberation Regarding Economic Development Negotiations. 11. Consider and Take Appropriate Action on Items Discussed in Executive Session. 12. Consider and Take Appropriate Action on Cost Share Agreement and Annexation Agreement for Gerald Development. 13. Adjourn. Joe Price Joe Price, City Manager I certify that the above Notice of Meeting was posted on the bulletin board of the Civic Complex of the City of Canyon, Texas on the 29th day of April 2022. Gretchen Mercer, City Clerk City of Canyon City Commission Meeting April 18, 2022 The City Commission of the City of Canyon met at 4:30 pm in the City Commission Chambers of the Civic Complex. Mayor Gary Hinders presided over the meeting with the following Commissioners in attendance, Mayor Pro-Tem Cody Jones, Kelsey Ward, Paul R. Lyons and Randy Ray. Also present were the following City Staff: City Manager Joe Price, Assistant City Manager Jon Behrens, City Secretary Gretchen Mercer, IT Director Shaun Holtman, Communications Director Megan Nelson, HR Director Hector Mendoza, Library Director Carlene Rittenberry, Library Board Chair Mark Pittman, Business and Community Development Director Evelyn Ecker, Chief of Police Steve Brush, Police Captain Matt Coggins, Planning and Development Director Danny Cornelius, Director of Public Works Dan Reese, Assistant Director of Public Works Chris Enriquez, Fire Chief Dennis Gwyn, Finance Director Joel Wright, Budgeting and Purchasing Manager Beau Boyer, City Engineer Adolfo Garcia, 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 Ward. Item 4. Approval of the Minutes of the Meeting of April 4, 2022 Mayor Pro-Tem Jones moved, duly seconded by Commissioner Ward to approve the minutes of April 4, 2022 as presented. Motion carried unanimously. Item 5. Public Comment – Comments from Interested Citizens. No Comments were made. Item 6. Introduction of Canyon Area Library Director Carlene Rittenberry. Assistant City Manager Jon Behrens introduced and welcomed the new Library Director Carlene Rittenberry. No action required, informational only. Item 7. First Reading of Resolution No. 05-2022, A Resolution of the City Commission of the City of Canyon Approving Funding to the Canyon Chamber of Commerce by the Canyon Economic Development Corporation Supporting the Annual Independence Day Celebration. City Commission Meeting April 18, 2022 Page 2 of 3 Business and Community Development Director Evelyn Ecker presented Resolution No. 05-2022 for the first of two required readings. Ms. Ecker said the Canyon Chamber of Commerce requested $11,500 to help with the cost of the July 4th event that includes the parade, Fair on the Square, concert, and fireworks. Ms. Ecker said the request qualifies for funding as a quality of life event and brings in an estimated 30,000 plus tourists and visitors. Mr. Ecker said the Canyon Economic Development Corporation held a public hearing April 14, 2022 with no opposition. Informational only, no action required. RESOLUTION NO. 05-2022 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON APPROVING FUNDING TO THE CANYON CHAMBER OF COMMERCE BY CANYON ECONOMIC DEVELOPMENT CORPORATION SUPPORTING THE ANNUAL INDEPENDENCE DAY CELEBRATION. Item 8. Consider and Take Appropriate Action on Resolution No. 06-2022, A Resolution of the City Commission of the City of Canyon, Texas, Reviewing the City of Canyon’s Investment Policy Pursuant to the Public Funds Investment Act. Finance Director Joel Wright presented Resolution No. 06-2022 for consideration. Mr. Wright said pursuant to Texas Government code, Chapter 2256, municipalities are required to adopt an investment policy and / or review/revise their current investment policy on an annual basis. Mr. Wright said one revision was being made adding Hilltop Securities to the Appendix A – Authorized Broker/Dealer list. Mr. Wright said the rest of the policy was reviewed and continues to meet the requirements of the statute. After discussion Commissioner Ray moved, duly seconded by Mayor Pro-Tem Jones to adopt Resolution No. 06-2022 for the amendment of the City of Canyon Public Investment Policy as presented. Motion carried unanimously. RESOLUTION NO. 06-2022 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS, REVIEWING THE CITY OF CANYON’S INVESTMENT POLICY PURSUANT TO THE PUBLIC FUNDS INVESTMENT ACT. Item 9. Executive Session Pursuant to §551.071 Consultation with Attorney, §551.087 Economic Development Negotiations, and §551.072 for Deliberation Regarding Real Property. Mayor Hinders indicated the City Commission would adjourn into Executive Session at 4:42 pm. Item 10. Consider and Take Appropriate Action on Items Discussed in Executive Session. Upon returning from Executive Session at 6:49 pm, no action was taken. City Commission Meeting April 18, 2022 Page 3 of 3 Item 11. Adjourn. There being no further business, Mayor Pro-Tem Jones moved this meeting be adjourned at 6:50 pm. ______________________________ Gary Hinders, Mayor ATTEST: ________________________________ Gretchen Mercer, City Secretary AGENDA ITEM 6 AGENDA To: Joe Price, City Manager From: Evelyn Ecker, Director of Business & Community Development Date: May 02, 2022 Re: Consider and Take Appropriate Action on Second and Final Reading of Resolution No. 05-2022. A Resolution of The City Commission of the City of Canyon approving a Project Funding Agreement Between Canyon Chamber of Commerce and Canyon Economic Development Corporation Relating to Funding a Quality of Life Event. During the March 10, 2022 meeting of the Canyon Economic Development Corporation (CEDC) approved a project funding request from the Canyon Chamber of Commerce. The request is for event expense related to the Annual Independence Day Celebration in. This is funding under the guidelines of a Quality of Life event as well as an event that attracts tourist/visitors. The Chamber requested $11,500 to help with the cost of the 4th of July event. The event, with the parade, Fair on the Square, concert, and fireworks display is the largest of its kind in the state. It is estimated 30,000+ people attend the event. A Public Hearing was held April 14th and there was not any opposition for the project funding. It is the recommendation of Staff to Approve Resolution No. 05-2022. RECOMMENDED MOTION I move to adopt/deny Resolution No. 05-2022 as presented. City of Canyon RESOLUTION NO. 05-2022 RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON APPROVING FUNDING TO THE CANYON CHAMBER OF COMMERCE BY CANYON ECONOMIC DEVELOPMENT CORPORATION SUPPORTING THE ANNUAL INDEPENDENCE DAY CELEBRATION. WHEREAS, on April 14, 2022 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”) for funding a part of the Chamber of Commerce fourth of July celebration; and, WHEREAS, the City Commission of the City of Canyon, Texas, finds it to be in the public interest for CEDC to provide funding to the Chamber of Commerce for the purpose of assisting with the Annual Independence Day Celebration. The CEDC board has approved and presented to the City Commission the funding proposal 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 funding by CEDC to the Chamber of Commerce be, and it is hereby approved, and the sales tax revenue subject to the limitation of the Act, collected pursuant to the Act by CEDC may be used for the purpose of funding an amount not to exceed $11,500 to assist the Chamber in the Annual Independence Day Celebration. 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. 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 18th of April, 2022. 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 of May , 2022. CITY OF CANYON, TEXAS ________________________________ GARY HINDERS, Mayor ATTEST: ______________________________ Gretchen Mercer, City Secretary Page 2 of 2 REGARDING ITEM 7 AGENDA To: Joe Price, City Manager From: Joel Wright, Director of Finance Date: April 28, 2022 Re: Preliminary discussion of Fiscal Year 2022-2023 ESTIMATE of Taxable Valuation provided by PRAD and estimate of property tax revenue at current tax rates. Based on the Certified Estimate of Taxable Value for 2022 for the City of Canyon as provided to us on April 25, 2022 by Potter-Randall Appraisal District, taxable value of all property is estimated to be $1,025,000,000. This estimated taxable value is 13.64% higher than the taxable value for 2021, 3.33% of which represents estimated taxable value of new property, with the remaining 10.31% being increase of property existing last tax year. The valuation of new taxable property is estimated to be $30,000,000. The increase in taxable value of existing property is estimated to be $92,991,298. Tax Increment Reinvestment Zone (TIRZ) #1: The increase in the estimated valuation of the property in TIRZ #1 is $1,128,831. This amount is included in the estimated taxable value of all property stated above. The estimated taxable value available to the City for Maintenance & Operation and Debt Service (for servicing existing outstanding general obligation debt) is $1,023,871,169, an increase of 13.51% over the taxable value for 2021. Please see the following Preliminary Analysis of Estimated Valuation and certified estimate of taxable value as provided by PRAD. RECOMMENDED MOTION N/A – discussion purposes only. City of Canyon City of Canyon Preliminary Analysis of Estimated Valuation Fiscal Year 2022‐2023 Analysis of Estimated Valuation: Value % Increase Total 2021 taxable value $ 902,008,702 New taxable property value for 2022‐2023 30,000,000 3.33% Increase in existing property value for 2022‐2023 92,991,298 10.31% Total 2022 taxable value of all property 1,025,000,000 13.64% Less: Increase in TIRZ #1 property value over base year 2021 base taxable value 19,621,169 2022 estimated taxable value 20,750,000 Taxable Value unavailable for M&O and debt service (1,128,831) Taxable Value available for M&O and debt service $ 1,023,871,169 13.51% Estimated increase in property tax revenue at current rate (adjusted for estimated effect of tax ceiling freeze): Estimate of Current Rate Additional per $100 of Revenue Based Taxable Value on Est Value Current Maintenance & Operation Rate (FY 2021‐2022) $ 0.384590 $ 383,054 Current Debt Service Rate (FY 2021‐2022) $ 0.041590 43,104 Current Total Tax Rate (FY 2021 2022) $ 0.426180 $ 426,158 Estimated increase in property tax for estimated average homestead appraised value per PRAD at current rate: Average Taxable Fiscal Year Value per PRAD Ad Valorem Tax $ Increase % Increase 2021‐2022 191,185 814.79 2022‐2023 209,100 891.14 76.35 9.37% Potter-Randall Appraisal District 5701 HOLLYWOOD ROAD (LOOP 335) • PO BOX 7190 • AMARILLO, TX 79114-7190 PHONE (806) 358-1601 • FAX (806) 355-8426 Visit our web site @ www.prad.org Email: info@prad.org Jeffrey Dagley, Chief Appraiser Board of Directors - Potter Board of Directors - Randall Zachary Plummer Director Joe Shehan Director Kay Ledbetter Director Misty Clements Director Cindy Spanel Director Bob Lindsey Director Mitzi Wade Director Robin Patterson Director John Coffee Director Diane Thurman Director Sherri Aylor Director Christina McMurray Director April 25, 2022 Mayor Gary Hinders City of Canyon 301 16th St. Canyon, TX 79015-2833 Attn: Mr. Joe Price, City Manager Dear Mayor Hinders: Pursuant to Section 26.01 (e) of the Texas Property Tax Code, our office is furnishing you a certified estimate of the taxable value for your district for 2022. The 2021 base taxable value for your district for the TIRZ #1 is $19,621,169 and the 2022 taxable estimate as of April 25, 2022, is $20,750,000. The taxable value of new construction is $20,000. We caution that this is only a preliminary total and subject to change due to the appeals process on the 2022 values. Should you have any questions or need any additional information, please call me at any time at (806) 354-6611. Sincerely, Jeffrey Dagley, RPA Chief Appraiser ac cc: Randall County Tax Assessor-Collector c: Joel Wright, Finance Director AGENDA ITEM 8 AGENDA To: Joe Price, City Manager From: Jon Behrens, Assistant City Manager Date: May 2, 2022 Re: Consider and Take Appropriate Action on Resolution No. 07-2022, A Resolution of the City Commission of the City of Canyon, Texas, Approving an Interlocal Agreement with Panhandle Regional Planning Commission for Application Assistance for 2022 TXCDBG Downtown Revitalization Program and Associated Administration Consideration if Funded. We are moving forward with the first steps in the 2022 funding cycle for the Texas Department of Agriculture TXCDBG Downtown Revitalization Program. Staff has once again contacted the Panhandle Regional Planning Commission (PRPC) and they will complete our application and all associated requirements including the formality of procuring an engineering firm for the project through the RFQ process. Canyon will apply for a $500,000 grant and will have a 15% ($75,000) required match. The Texas Department of Agriculture requires that the city and PRPC enter into an Interlocal Agreement (Chapter 791 of the Texas Government Code) prior to PRPC performing any grant activities for the city. City staff will work closely with PRPC and the selected engineering firm to develop a plan and scope for the improvements around the Square. Funds may be provided for the following: • Sidewalks and lighting • Activities required to eliminate architectural barriers for the disabled • Water lines, storage and pumping facilities, and related items • Sewer lines, lift stations, and related items • Road construction/renovation, to include curb and gutter and related drainage • Natural gas lines and related items • Electric power lines and transformers • Utilizes including natural gas, and electric • High-speed internet infrastructure, with prior approval from TDA • Award administration (Project Administration) • Demolition and clearance activity of no-residential structures. It is our intention to propose a project that will result in significant improvements to the east alley on the Square. We plan to move all the utilities underground and improve the alley similarly to what was done to the alley south of the Shops On 5th. Staff recommends the adoption of Resolution No. 07-2022 City of Canyon AGENDA RECOMMENDED MOTION “I move to adopt/deny ” Resolution No. 07-2022 a resolution authorizing the execution of an interlocal contract with the PRPC under the Interlocal Cooperation Act for grant application preparation and potential grant management services for the City of Canyon’s activities related to the 2022 Main Street program. City of Canyon RESOLUTION NO. 07-2022 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS, APPROVING AN INTERLOCAL AGREEMENT WITH PANHANDLE REGIONAL PLANNING COMMISSION FOR APPLICATION ASSISTANCE FOR 2022 TXCDBG DOWNTOWN REVITALIZATION PROGRAM AND ASSOCIATED ADMINISTRATION CONSIDERATION IF FUNDED. WHEREAS, the City of Canyon desires to apply to the Texas Department of Agriculture (TDA) for infrastructure assistance through the 2022 TxCDBG Downtown Revitalization Program, and; WHEREAS, the Interlocal Cooperation Act included in Chapter 791 of the Texas Government Code provides for contractual agreements between governmental entities, and; WHEREAS, 2 CFR 200.318(e) encourages the use of interlocal agreements from the federal level, and; WHEREAS, the Texas Department of Agriculture has issued a recommendation that communities applying under the 2022 TxCDBG Downtown Revitalization Program consider contracting professional services for grant application preparation and potential grant administration (if funded) prior to application submission, and; WHEREAS, the City of Canyon desires to contract the grant application preparation and potential grant administration (if funded) of its 2022 TxCDBG Downtown Revitalization Program application for TxCDBG Downtown Revitalization Funds through an interlocal cooperation contractual agreement with the Panhandle Regional Planning Commission (PRPC), and; WHEREAS, the PRPC shall provide grant application preparation services related to the TxCDBG Downtown Revitalization Program at no cost, and; WHEREAS, administrative fees related to project management of any funded 2022 TxCDBG Downtown Revitalization Program project will be agreed to through an amendment to this interlocal agreement if City of Canyon receives funding through the 2022 TxCDBG Downtown Revitalization Program, and; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS: SECTION 1. that the City Manager is authorized to execute an interlocal contract with the PRPC under the Interlocal Cooperation Act for grant application preparation and potential grant management (if funded) services for City of Canyon’s activities related to the 2022 TxCDBG Downtown Revitalization Program. PASSED THIS 2nd DAY OF MAY, 2022. GARY HINDERS, Mayor ATTEST: Gretchen Mercer, City Clerk AGENDA ITEM 9 AGENDA To: Joe Price, City Manager From: Jon Behrens, Assistant City Manager Date: May 2, 2022 Re: Consider and take Appropriate Action on Resolution No. 08-2022, A Resolution of the City Commission of the City of Canyon, Texas, Approving Proposals Received for Engineering Services for Application to the 2022 TXCDBG Downtown Revitalization Program & Associated Engineering Consideration if Funded. As part of the Department of Agriculture TXCDBG Downtown Revitalization Program grant we are required to solicit and select an engineering firm to design the alley improvements which make up our project. This week staff reviewed Statement of Qualifications from the firms that submitted proposals to provide the engineering services associated with this grant application. Submittals were evaluated based on a scoring criterion provided by PRPC. Results of the scoring will be available at the Monday, May 2 meeting. The submittal deadline fell after the agenda deadline; therefore, I was unable to include the scoring sheet. Staff recommends that the City Manager and PRPC be authorized to negotiated an agreement for engineering services for the development of a Main Street Program Application and to negotiate for future project engineering should the City be awarded the grant, with the firm that scores the highest on the scoring sheet. RECOMMENDED MOTION “I move to adopt/deny ” Resolution No. 08-2022, a resolution selecting to provide engineering services for the City of Canyon’s participation in the Main Street Program and hereby authorize the Mayor and the City Manager to execute any and all documents to effectuate said engineering services contract. City of Canyon RESOLUTION NO. 08-2022 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS, APPROVING PROPOSALS RECEIVED FOR ENGINEERING SERVICES FOR APPLICATION TO THE 2022 TXCDBG DOWNTOWN REVITALIZATION PROGRAM & ASSOCIATED ENGINEERING CONSIDERATION IF FUNDED. WHEREAS, the City of Canyon is applying for grant assistance under the TxCDBG Downtown Revitalization Program operated by the Texas Department of Agriculture, and; WHEREAS, the City of Canyon has completed the Request for Proposals process required under the Professional Services Procurement Act, and has ranked those firms submitting proposals based upon qualifications and ability to perform, and; WHEREAS, the City of Canyon believes that ______________________is the most qualified of those proposing firms to perform the desired services, and; WHEREAS, the City of Canyon is desirous to use the services of ______________________to serve as project engineer for the TxCDBG Downtown Revitalization Program Application, and, if funded, further negotiations for project engineering will occur under this agreement; WHEREAS, the City of Canyon and ____________________________ will enter into a contractual agreement for engineering services for the development of a TxCDBG Downtown Revitalization Program Application and, if funded, further negotiations for project engineering will occur under this agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS: SECTION 1. That the City of Canyon has selected ______________________________ to provide engineering services for the City’s participation in the TxCDBG Downtown Revitalization Program and hereby authorizes the City Manager to execute any and all documents to effectuate said engineering services contract. PASSED THIS 2nd DAY OF MAY, 2022. GARY HINDERS, Mayor ATTEST: Gretchen Mercer, City Clerk AGENDA ITEM 12 AGENDA To: Honorable Mayor and City Commission From: Joe Price, City Manager Date: May 3, 2022 Re: Consider and Take Appropriate Action on Cost Share Agreement and Annexation Agreement for Gerald Development. The City of Canyon has been in the works on an agreement for the extension of utilities to the Gerald Property. The City Manager and City Attorney have constructed an agreement to extend utilities to the property that is intended for a new housing development and how the cost-sharing will work. The agreement will be in conjunction with an annexation agreement that is currently being drafted. City Capital Utility Fund Budget: $600,000 (capital funds previously earmarked for Force Main to Sewer Plant—now ARPA will cover those costs) Total Project Cost with Oversizing: $1,051,750 Water Extension  WATER TOTAL $ 390,000.00 OVERSIZED COST $ 28,380.00 DEVELOPER PORTION $ 180,810.00 CITY OF CANYON PORTION $ 209,190.00 Sewer Extension  SEWER TOTAL $ 661,750.00 OVERSIZED COST $ 127,050.00 DEVELOPER PORTION $ 267,350.00 CITY OF CANYON PORTION $ 394,400.00 City of Canyon Cost Share CITY OF CANYON SEWER PORTION $ 394,400.00 CITY OF CANYON WATER PORTION $ 209,190.00 TOTAL: $603,590 Developer Cost Share City of Canyon AGENDA DEVELOPER WATER PORTION $ 180,810.00 DEVELOPER SEWER PORTION $ 267,350.00 TOTAL: $448,160 Developer & City Mutual Agreements: 1. "Not to Exceed" value, for developer cost-share. 2. Reduction of the 5% Plan Review/Inspection Fee to 4%. The City will pay for the entire utility extension project and the developer will pay for their cost- share upon requesting a new residential building permit (Exhibit D-Amortization Schedule). The pay back includes a 3% interest rate on the pay back. RECOMMENDED MOTION “I move to adopt/deny the Annexation Agreement and Cost Share Agreement for the Development of the Gerald Property.” City of Canyon The City of Canyon Agreed Service Plan Gerald Estates AREA TO BE ANNEXED: 200.02 +/- Acres Property Description: See Attached Introduction: This Agreed Service plan has been prepared in accordance with V.T.C.A. Local Government Code Section 43.0672, as indicated by the signatures below, and is agreed to by the annexation petitioners. This document does not exclude the applicant or future landowners/developers from meeting all current development standards at time of development or new standards that may be in place at time of development, based on the results of the Partnership for Development Progress project currently underway. Municipal facilities and services to the annexed area described above will be provided or made available on behalf of the City of Canyon at the following levels and in accordance with the following schedule: FIRE Existing Services: None Services to be Provided: Fire suppression, prevention, and first response Emergency Medical Services (EMS) will be available to the area upon annexation. Primary fire response will be provided by the Canyon Fire Department located at 301 16th Street. Fire prevention and fire inspection activities will be provided by the Fire Marshal’s Office as needed. As the City experiences growth, additional resources may need to be addressed in order to maintain levels of services. The City will be responsible for the cost of the additional fire fighters and response units. POLICE Existing Services: None Services to be Provided: Upon annexation, the City of Canyon Police Department will extend routine patrols and response to calls for service to the area. Police Department activities to serve the area upon annexation can be afforded to the annexed area within current budget appropriation. As the City experiences development in this area, the Police Department may need approximately two additional officers per every 1,000 residents to respond to additional calls for service. Additionally, one new patrol unit may be needed for every 3 new officers. Upon full development of this area, it is anticipated that two additional officers and one additional patrol unit may be needed for this area. As the City experience growth, additional resources may need to be addressed in order to maintain levels of services. The City will be responsible for the cost of the additional officers and patrol units. BUILDING SAFETY Existing Services: None Services to be Provided: The Planning and Development Department will provide plan review and inspection services upon annexation and/or as development warrants. This includes issuing building, electrical, mechanical, and plumbing permits for any new construction and remodeling, and enforcing all other applicable codes which regulate building construction within the City of Canyon. As the City experiences growth, additional resources may need to be addressed in order to maintain levels of services. The City will be responsible for the cost of additional resources if needed. PLANNING AND ZONING Existing Services: None Services to be Provided: The Planning and Development Department's responsibility for regulating development and land use through the administration of the City of Canyon's Zoning Ordinance will extend to this area on the effective date of the annexation. The property will also continue to be regulated under the requirements of the City of Canyon's Subdivision Ordinance. As the City experiences growth, additional resources may need to be addressed in order to maintain levels of services. The City will be responsible for the cost of additional resources if needed. PARKS & RECREATION Existing Services: None Services to be Provided: There are no parks or recreational facilities being proposed within the annexed area. As such, no services will be provided from the Parks and Recreation Department upon annexation. If a park is dedicated, the City will be responsible for maintenance following the completion of park improvements. As the City experiences growth, additional resources may need to be addressed in order to maintain levels of services. The City will be responsible for the cost of additional resources if needed. LIBRARY Existing Services: None Services to be Provided: Upon the effective date of annexation, free library use privileges will be available to anyone residing in this area. Department activities can be afforded to the annexed area within current budget appropriation. As the City experiences growth, additional resources may need to be addressed in order to maintain levels of services. The City will be responsible for the cost of additional resources if needed. ENV. HEALTH DEPARTMENT- HEALTH CODE ENFORCEMENT SERVICE Existing Services: Sanitary nuisances (limited), OSSF Services to be Provided: The Amarillo Area Public Health District will continue to provide all programs currently offered to the District (Sanitary nuisances, OSSF, Food Hygiene, Rec. Water, Group Care). As the City experiences growth, additional resources may need to be addressed in order to maintain levels of services. The City will be responsible for the cost of additional resources if needed. PUBLIC RIGHT-OF-WAY Existing Services: None Services to be Provided: There are no existing streets or alleys within the area of annexation. Developers will provide Public Rights-of-Ways within the area to be annexed at their own expense. Construction of all streets and alleys shall comply fully with City of Canyon Street Standard Specifications. Maintenance to any future Public Rights-of-Ways will be provided by the City upon acceptance of those Public Rights-of-Ways by the City at the completion of the required warranty period. As the City experiences growth, additional resources may need to be addressed in order to maintain levels of services. The City will be responsible for the cost of additional resources if needed. STORM WATER MANAGEMENT Existing Services: None Services to be Provided: The Developer will provide storm water drainage at their own expense within the subdivision. Construction of all storm water drainage facilities shall comply fully with the City of Amarillo Stormwater Management Criteria Manual and City of Canyon Specifications. The City will then maintain the drainage facilities upon approval. The developer will be responsible for the acquisition of any offsite easements required to serve the development at the time of development. The developer will be responsible for any offsite playa excavation necessary to provide drainage to the development (if applicable). The developer will be responsible for any offsite storm sewer to a playa or to an existing drainage structure with the capacity to handle the post development stormwater runoff to meet the City of Amarillo Stormwater Management Criteria Manual requirements for 2-year and 100-year events for the development at the time of development. Maintenance of any public drainage facilities constructed by the developer will be provided by the City upon acceptance and completion of the required warranty period. As the City experiences growth, additional resources may need to be addressed in order to maintain levels of services. The City will be responsible for the cost of additional resources if needed. STREET LIGHTING Existing Services: None Services to be Provided: All residential street lighting will be provided by the developer. The developer shall coordinate street light installation with Xcel Energy. Costs for the installation of the street lighting in the public right-of-way shall be the developer’s responsibility. As the City experiences growth, additional resources may need to be addressed in order to maintain levels of services. The City will be responsible for the cost of additional resources if needed. TRAFFIC ENGINEERING Existing Services: None Services to be Provided: The Public Works Department will be able to provide traffic control devices needed, if any, within 12 months after the effective date of the annexation. Traffic control devices above and beyond normal signage and markings will be provided by the developer. As the City experiences growth, additional resources may need to be addressed in order to maintain levels of services. The City will be responsible for the cost of additional resources if needed. WATER SERVICE Existing Services: None Services to be Provided: In conjunction with an executed cost-share agreement between the City and the Developer, the City will be responsible for extending the existing 16” water main in Country Club Road to the northeast corner of Section 3 approximately 260 feet and extending the 12” water main in FM 2590 (in Madison Park) to the midpoint of Section 3 on the east side approximately 140 feet after annexation. As development occurs, the Developer is responsible for construction of water mains within the subdivision as well as the construction of a 12” water main along the section lines on two sides of the annexation area. Any upsizing based on development needs within the proposed annexation area is the responsibility of the Developer. The City will be responsible for upsizing based on needs outside of the proposed annexation area. It is anticipated that a 16” water main will be needed along the north section line side of the proposed annexation. Maintenance of any public water mains will be provided by the City upon acceptance and completion of the required warranty period. As the City experiences growth, additional resources may need to be addressed in order to maintain levels of services. The City will be responsible for the cost of additional resources if needed. SANITARY SEWER SERVICE Existing Services: None In conjunction with an executed cost-share agreement between the City and the Developer, the City will be responsible for extending the existing 15” sewer main adjacent to FM 2590 approximately 2,320 ft. to the midpoint of Section 3 on the east side after annexation. As development occurs, the Developer will be responsible for the construction of sanitary sewer mains within the subdivision. Any upsizing based on development needs within the proposed annexation area is the responsibility of the Developer. The City will be responsible for the upsizing of required sewer mains beyond what is required to serve the proposed annexation as development occurs. There is an anticipated need for oversizing of the sewer line within this subdivision so cost of upsizing is anticipated beyond the extension of the line to serve the annexations. Maintenance of any public sewer mains will be provided by the City upon acceptance and completion of the required warranty period. As the City experiences growth, additional resources may need to be addressed in order to maintain levels of services. The City will be responsible for the cost of additional resources if needed. SOLID WASTE SERVICES Existing Services: None Services to be Provided: After annexation, solid waste collection shall be provided to the area of annexation in accordance with the present City Ordinance as development occurs. Service shall begin with occupancy of structures. As the City experiences growth, additional resources may need to be addressed in order to maintain levels of services. The City will be responsible for the cost of additional resources if needed. TRANSIT Existing Services: None Services to be Provided: None EMERGENCY MANAGEMENT Existing Services: The area proposed for annexation already has outdoor warning siren system coverage from existing sirens in the area. As the City experiences growth, additional resources may need to be addressed in order to maintain levels of services. The City will be responsible for the cost of additional resources if needed. MISCELLANEOUS All other applicable municipal services will be provided to the area in accordance with the City of Canyon's established policies governing extension of municipal services to newly annexed areas. ________________________________ N&B Properties, Inc. Robbie Christie, President Date: _____________________ ________________________________ Joseph Price, City Manager City of Canyon, Texas Date: _____________________ PROPERTY DESCRIPTION A 200.02 acre± tract of land in the North one-half of Section 3, Block B5, H. & G.N. RR Company Survey, Randall County, Texas and having been surveyed on the ground by Furman Land Surveyors, Inc. on December 6, 2021 and being more particularly described by metes and bounds as follows: BEGINNING at a 1/2 inch iron rod with cap stamped “FURMAN RPLS” found in the West monumented right-of-way line of F.M. 2590 (Volume 247, Page 294) at the Southeast corner of the herein described tract of land, same point being the Northeast corner of a 29.28 acre tract of land as described in that certain instrument of conveyance recorded under Clerk’s File No. 2013001955 of the Official Public Records of Randall County, Texas, from whence a 1/2 inch iron pipe found as called for at the Southwest corner of said Section 3 bears South 00° 09’ 00” West, 2671.26 feet and North 89° 53’ 42” West (base line) 5256.11 feet; THENCE South 89° 59’ 46” West along the South line of the North one-half of said Section 3, at 1305.66 feet passing a 1/2 inch iron rod with cap stamped “FURMAN RPLS” found at the Northwest corner of said 29.28 acre tract of land, same point being the Northeast corner of a 190.27 acre tract of land as described in that certain instrument of conveyance recorded under Clerk’s File No. 00624394 of the Official Public Records of Randall County, Texas, a total distance of 3291.70 feet to a 1/2 inch iron rod found at the Southwest corner of this tract of land, from whence a 1/2 inch iron rod with illegible cap found at the Northwest corner of said 190.27 acre tract of land bears South 89° 59’ 46” West, 1226.65 feet; THENCE North 00° 11’ 37” East, at 2615.10 feet passing a 1/2 inch iron rod with cap stamped “DORSEY” found in the South monumented right-of-way line of W. Country Club Road (dedication/easement unknown), a total distance of 2665.10 feet to a point in the North line of said Section 3 at the Northwest corner of this tract of land; THENCE North 89° 53’ 42” East along the North line of said Section 3, a distance of 3289.70 feet to the Northeast corner of this tract of land; THENCE South 00° 09’ 00” West along the West monumented right-of-way line of said F.M. 2590, at 50.00 feet passing a brass highway right-of-way marker found, a total distance of 2243.48 feet to a 1/2 inch iron rod with cap stamped “CI” found as called for at the Northeast corner of a 1.526 acre tract of land as described in that certain instrument of conveyance recorded in Volume 1851, Page 30 of the Deed Records of Randall County, Texas; THENCE South 84° 28’ 22” West, 380.80 feet to a 1/2 inch iron rod with cap stamped “CI” found as called for at the Northwest corner of said 1.526 acre tract of land; THENCE South 03° 18’ 52” East, 150.78 feet to a 1/2 inch iron rod found at the Southwest corner of said 1.526 acre tract of land; THENCE South 87° 13’ 36” East, 370.20 feet to a 1/2 inch iron rod with cap stamped “CI” found as called for at the Southeast corner of said 1.526 acre tract of land; THENCE South 00° 09’ 00” West along the West monumented right-of-way line of said FM 2590 a distance of 222.29 feet to the PLACE OF BEGINNING and containing a computed area of 200.02 acres of land, of which 3.78 acre± lies within the right-of-way of W. Country Club Road, leaving a net area of 196.24 acres of land, more or less. DESCRIPTION A 200.02 acre± tract of land in the North one-half of Section 3, Block B5, H. & G.N. RR Company Survey, Randall County, Texas and having been surveyed on the ground by Furman Land Surveyors, Inc. on December 6, 2021 and being more particularly described by metes and bounds as follows: BEGINNING at a 1/2 inch iron rod with cap stamped “FURMAN RPLS” found in the West monumented right-of-way line of F.M. 2590 (Volume 247, Page 294) at the Southeast corner of the herein described tract of land, same point being the Northeast corner of a 29.28 acre tract of land as described in that certain instrument of conveyance recorded under Clerk’s File No. 2013001955 of the Official Public Records of Randall County, Texas, from whence a 1/2 inch iron pipe found as called for at the Southwest corner of said Section 3 bears South 00° 09’ 00” West, 2671.26 feet and North 89° 53’ 42” West (base line) 5256.11 feet; THENCE South 89° 59’ 46” West along the South line of the North one-half of said Section 3, at 1305.66 feet passing a 1/2 inch iron rod with cap stamped “FURMAN RPLS” found at the Northwest corner of said 29.28 acre tract of land, same point being the Northeast corner of a 190.27 acre tract of land as described in that certain instrument of conveyance recorded under Clerk’s File No. 00624394 of the Official Public Records of Randall County, Texas, a total distance of 3291.70 feet to a 1/2 inch iron rod found at the Southwest corner of this tract of land, from whence a 1/2 inch iron rod with illegible cap found at the Northwest corner of said 190.27 acre tract of land bears South 89° 59’ 46” West, 1226.65 feet; THENCE North 00° 11’ 37” East, at 2615.10 feet passing a 1/2 inch iron rod with cap stamped “DORSEY” found in the South monumented right-of-way line of W. Country Club Road (dedication/easement unknown), a total distance of 2665.10 feet to a point in the North line of said Section 3 at the Northwest corner of this tract of land; THENCE North 89° 53’ 42” East along the North line of said Section 3, a distance of 3289.70 feet to the Northeast corner of this tract of land; THENCE South 00° 09’ 00” West along the West monumented right-of-way line of said F.M. 2590, at 50.00 feet passing a brass highway right-of-way marker found, a total distance of 2243.48 feet to a 1/2 inch iron rod with cap stamped “CI” found as called for at the Northeast corner of a 1.526 acre tract of land as described in that certain instrument of conveyance recorded in Volume 1851, Page 30 of the Deed Records of Randall County, Texas; THENCE South 84° 28’ 22” West, 380.80 feet to a 1/2 inch iron rod with cap stamped “CI” found as called for at the Northwest corner of said 1.526 acre tract of land; THENCE South 03° 18’ 52” East, 150.78 feet to a 1/2 inch iron rod found at the Southwest corner of said 1.526 acre tract of land; THENCE South 87° 13’ 36” East, 370.20 feet to a 1/2 inch iron rod with cap stamped “CI” found as called for at the Southeast corner of said 1.526 acre tract of land; THENCE South 00° 09’ 00” West along the West monumented right-of-way line of said FM 2590 a distance of 222.29 feet to the PLACE OF BEGINNING and containing a computed area of 200.02 acres of land, of which 3.78 acre± lies within the right-of-way of W. Country Club Road, leaving a net area of 196.24 acres of land, more or less. AGREEMENT FOR EXTENSION OF WATER/WASTEWATER OFF-SITE MAINS TO SERVE NEW SUBDIVISION AND REIMBURSEMENT OF COSTS FOR THE OVERSIZING OF ON-SITE WATER/WASTEWATER MAIN IMPROVEMENTS THE STATE OF TEXAS § COUNTY OF RANDALL § THIS AGREEMENT, made in compliance with the requirements of Chapter 51 of the Code of Ordinances (“the Code”) of the City of Canyon and entered into this 2nd day of May, Deleted: March 2022, by and between CITY OF CANYON, TEXAS, of the County of Randall and State of Texas, acting by and through Joseph H. Price, City Manager, hereinafter referred to as “City” and N & B PROPERTIES, INC, a Texas Corporation, acting by and through its duly authorized President, Robbie Christie, 17701 White Wing Rd., Canyon, Texas, 79015, hereinafter referred to as “Developer”. RECITALS: WHEREAS, Developer has requested the extension of off-site mains to serve a new subdivision of the City and has requested the City to participate in the construction of water and sanitary sewer mains connecting to existing water and sanitary sewer mains owned by the City to serve property owned by the Developer; and, WHEREAS, Developer will deposit escrow funds for construction costs equal to 50% of the off- site water and sanitary sewer main extension; and, WHEREAS, City will pay 50% of construction costs and 100% of oversizing the off-site water and sanitary sewer main; and, WHEREAS, Developer will obtain reimbursement of construction costs for that portion of the on- site water and sanitary sewer main greater than eight inches in diameter and for depths greater than needed for the Developer, unless it is necessary to have additional depth or line size in order to serve the on-site with greater main(s) sizes and depths. AGREEMENT: NOW, THEREFORE, for and in consideration of the mutual covenants herein contained and other good and valuable consideration, the parties COVENANT and AGREE: SECTION I. The City shall construct a 12 and 16 inch diameter water main and a 15 inch diameter sanitary sewer main hereinafter referred to as “Mains”, as a City and Developer cost-share expense for extending the off-site main to the new subdivision property (property to be served, attached as Exhibit A). The lines shall be installed across the tract of land for which service is proposed from a point of the existing utility infrastructure to the tract of land to be developed. Attached as Exhibit "B" is a drawing showing the route of the proposed Mains relating to the approved engineering plans and showing with clarity the land to be developed. Project construction will commence after Deleted: Exhibit "A and B" is incorporated by reference for all purposes. annexation of the property in Exhibit A (Gerald Property). Exhibit "A, B, C and D" is incorporated by reference for all purposes. SECTION II. Developer does not assume any obligations which may arise under the terms of any agreement or contract, heretofore or hereafter entered into by the City with a third party for the construction of the subject Mains being extended to the new subdivision property to which Developer is not a party. City does not assume any obligations which may arise under the terms of any agreement or contract, heretofore or hereafter entered into by the Developer with a third party for the construction of the subject Mains being installed on-site of the new subdivision property to which City is not a party. SECTION III. The subject Mains shall upon completion of all or any portion thereof become the property of the City and subject to its jurisdiction and control. SECTION IV. A. OFF-SITE MAINS Pursuant to Chapter 51 of the Code regarding the extension of the off-site Mains, the City and Developer will extend the off-site Mains to the new development property at a point of connection to an existing water and sanitary sewer system at a 50/50 cost-share expense. The Developer agrees to deposit its 50% in escrow for the construction of the Mains, which shall be a sum equal to but not exceeding the actual construction cost of the Mains. The total construction cost of 50% based upon the submittal and the provision of Chapter 51 of the Code is estimated to be that amount set forth on the Opinion of Probable Construction Costs (“OPCC”) dated March 8, 2022 and attached hereto as Exhibit “C”, incorporated by reference for all purposes. The Developer will remit Deleted: B payment for their portion of the project via an “offsite exaction” to the City of Canyon, at the time a new residential building permit is requested. The “offsite exaction” fee will be proportioned across 500 lots of the development, and will be payable upon seeking a new residential building permit for each respective lot. The building permit will be withheld until the offsite exaction is paid for the respective lot. Developer’s contribution will be based on the total construction cost of 50% plus a 3% interest rate based upon the below submittal and the provision of City of Canyon Code Chapter 51 that is estimated to be: Water ($180,810.00) and Sanitary Sewer ($267,350.00), TOTAL: ($448,160.00) (TOTAL w/interest: $511,583.44). Developer’s cost share and project contribution shall not exceed the aforementioned ‘TOTAL’ estimate of $448,160.00 plus 3% interest rate (TOTAL w/interest: $511,583.44). The amortization schedule for the offsite exaction with interest is attached as Exhibit “D.” The City of Canyon will contribute the remaining 50% of the estimated construction total Water ($180,810.00) and Sanitary Sewer ($267,350.00), TOTAL: ($448,160.00). Formatted: Font: Not Bold, No underline Formatted: Font: Bold, Underline B. OVERSIZING OFF-SITE MAINS Pursuant to Chapter 51 of the Code, the City agrees to oversize the off-site Mains and will construct larger diameter Mains at its own expense as shown on Exhibit “C”. The total oversize construction Deleted: B cost based upon the required submittal and the provision of Chapter 51 of the Code is estimated to be that amount set forth on the OPCC attached Exhibit “C”. The total oversize construction cost Deleted: B based upon the below required submittal and the provision of City of Canyon Code Chapter 51 is estimated to be: Water ($28,380.00) and Sanitary Sewer ($127,050.00), TOTAL: ($155,430.00), see exhibit “C.” C. OVERSIZING ON-SITE MAINS Pursuant to Chapter 51 of the Code, the City, in consideration of the Developer constructing the larger diameter Mains at its own expense, agrees to pay to the Developer, after completion of the Mains, a sum equal to but not exceeding the actual difference in the construction cost of the oversize Mains and the cost of a main eight inches in diameter (plus additional depth) or Mains required to serve the property which shall remain the obligation of Developer. The total oversize construction cost will be based on the construction costs established by the Developer as the development is built-out in units. SECTION VI. All Mains shall be installed in accordance with current City standards and specifications. The City Engineer or its representative will determine that subject Mains are constructed in accordance with approved engineering plans and specifications and upon completion the Mains shall become the property of the City and an integral part of the City's system and subject to maintenance, jurisdiction and control of the City. If for any reason the mains should be commenced but not completed, that portion having been constructed shall become the property of the City and subject to maintenance, jurisdiction and control of the City. SECTION VII. No ad valorem tax, revenue or income is or shall ever be encumbered by the terms of this agreement, and no appropriation by the City is required therefrom when this agreement is performed and this agreement shall in no manner be construed to create a debt against the City or charge against any of its revenues from whatever source derived. SECTION VIII. Should any provision of this agreement be declared illegal by a court of competent jurisdiction, the other and remaining provisions of this agreement shall not in any way be affected and all provisions of this agreement which are not declared to be illegal shall be binding upon the City and Developer. Developer agrees that in the event a court determines all or a portion of this agreement is unenforceable, Developer shall have the option to discontinue further work if the Mains have not been completed and refuse to make any further expenditures for labor, materials and supplies. It is specifically agreed, however, that any portion of the Mains which may have been constructed shall become the property of the City for all purposes, and Developer agrees that the City shall not be liable for any costs expended by Developer prior to the court’s decision. Should Developer continue work after such court decision, it does so at its own cost and expense unless City and Developer agree otherwise in writing. SECTION IX. The Developer on behalf of itself, its contractors and its and their agents covenant and agree to hold harmless and indemnify the City from and against any and all claims for personal injury (including death) or property damage which may arise from the Mains construction operations performed under the terms of this agreement; and the Developer also agrees and does hereby agree to indemnify and save the City harmless from all claims growing out of the lawful demands of contractors, subcontractors, laborers, workmen, mechanics, material suppliers incurred in the performance of this agreement. The Developer will furnish to the City satisfactory evidence of the discharge of such claims prior to receiving payment hereunder from the City. [SIGNATURES NEXT PAGE] DEVELOPER: N & B PROPERTIES, INC. By: ROBBIE CHRISTIE President CITY OF CANYON By: JOSEPH H. PRICE City Manager ATTEST: APPROVED AS TO FORM: Gretchen Mercer Chuck Hester City Secretary City Attorney Map Data displayed were gathered 03/16/22 09:56 by the City of Canyon for municipal purposes. No guarantee is made regarding suitability for any other use or purpose. PROPOSED 16" DISTRIBUTION LINE PROPOSED 12" DISTRIBUTION LINE PROPOSED 15" SEWER LINE UTILITY EXTENSIONS OVERSIZED PHASE I UTILITY EXTENSION SECTION 3 ESTIMATING DATA SHEET OPINION OF PROBABLE CONSTRUCTION COSTS Project Description: City of Canyon Water & Sewer Extensions March 8, 2022 Waterlines To Serve Gerald Property Only Item Description Estimated Quantity Unit Unit Price Ext. Amount 1 Mobilization/Demobilization 1 LS $ 15,000.00 $ 15,000.00 2 12" PVC, C-900 400 LF $ 120.00 $ 48,000.00 3 12" GV&B 6 EA $ 7,500.00 $ 45,000.00 4 Ductile Iron Fittings 900 LBS $ 10.00 $ 9,000.00 5 18" Steel Casing Pipe 290 LF $ 250.00 $ 72,500.00 6 Bore for 18-inch pipe 290 LF $ 250.00 $ 72,500.00 7 Utility Marker 6 EA $ 250.00 $ 1,500.00 8 Trench Safety 110 LF $ 3.00 $ 330.00 9 Traffic Controls 1 LS $ 5,000.00 $ 5,000.00 10 Erosion Control 1 LS $ 30,000.00 $ 30,000.00 Construction $ 298,830.00 Contingencies $ 29,890.00 Engineering $ 26,300.00 Surveying $ 6,600.00 TOTAL $ 361,620.00 DEVELOPER PORTION $ 180,810.00 CITY OF CANYON PORTION $ 180,810.00 Oversized Waterlines To Serve Future Development Item Description Estimated Quantity Unit Unit Price Ext. Amount 1 Mobilization/Demobilization 1 LS $ 16,100.00 $ 16,100.00 2 12" PVC, C-900 140 LF $ 120.00 $ 16,800.00 3 16" PVC, C-905 260 LF $ 140.00 $ 36,400.00 4 12" GV&B 2 EA $ 7,500.00 $ 15,000.00 5 16" GV&B 4 EA $ 10,000.00 $ 40,000.00 6 Ductile Iron Fittings 900 LBS $ 10.00 $ 9,000.00 7 18" Steel Casing Pipe 120 LF $ 250.00 $ 30,000.00 8 22" Steel Casing Pipe 170 LF $ 250.00 $ 42,500.00 9 Bore for 18-inch pipe 120 LF $ 275.00 $ 33,000.00 10 Bore for 22-inch pipe 170 LF $ 275.00 $ 46,750.00 11 Utility Marker 6 EA $ 250.00 $ 1,500.00 12 Trench Safety 110 LF $ 2.00 $ 220.00 13 Traffic Controls 1 LS $ 5,000.00 $ 5,000.00 14 Erosion Control 1 LS $ 30,000.00 $ 30,000.00 Construction $ 322,270.00 Contingencies $ 32,230.00 Engineering $ 28,400.00 Surveying $ 7,100.00 TOTAL $ 390,000.00 OVERSIZED COST $ 28,380.00 DEVELOPER PORTION $ 180,810.00 CITY OF CANYON PORTION $ 209,190.00 ESTIMATING DATA SHEET OPINION OF PROBABLE CONSTRUCTION COSTS Project Description: City of Canyon Water & Sewer Extensions March 8, 2022 Sewer Line To Serve Gerald Property Only Item Description Estimated Quantity Unit Unit Price Ext. Amount 1 Mobilization/Demobilization 1 LS $ 22,100.00 $ 22,100.00 2 10" PVC ASTM D3034 SDR 26 PVC pipe 0'-8' cut 220 LF $ 100.00 $ 22,000.00 3 10" PVC ASTM D3034 SDR 26 PVC pipe 8'-10' cut 1460 LF $ 110.00 $ 160,600.00 4 10" PVC ASTM D3034 SDR 26 PVC pipe 10'-12' cut 640 LF $ 120.00 $ 76,800.00 5 48" dia. manhole, 0'-4' depth 10 EA $ 3,300.00 $ 33,000.00 6 Extra depth in 48" dia. manholes over 4' in depth 40 LF $ 200.00 $ 8,000.00 7 Manhole Drop Assembly 10 EA $ 1,500.00 $ 15,000.00 8 16" Steel Casing Pipe 120 LF $ 150.00 $ 18,000.00 9 Bore for 16-inch pipe 120 LF $ 150.00 $ 18,000.00 10 Bore for 10-inch pipe 190 LF $ 150.00 $ 28,500.00 11 Utility Marker 2 EA $ 250.00 $ 500.00 12 Trench Safety 2,200 LF $ 2.00 $ 4,400.00 13 Traffic Controls 1 LS $ 5,000.00 $ 5,000.00 14 Erosion Control 1 LS $ 30,000.00 $ 30,000.00 Construction $ 441,900.00 Contingencies $ 44,190.00 Engineering $ 38,890.00 Surveying $ 9,720.00 TOTAL $ 534,700.00 DEVELOPER PORTION $ 267,350.00 CITY OF CANYON PORTION $ 267,350.00 Oversized Sewer Line To Serve Future Development Item Description Estimated Quantity Unit Unit Price Ext. Amount 1 Mobilization/Demobilization 1 LS $ 27,300.00 $ 27,300.00 2 15" PVC ASTM D3034 SDR 26 PVC pipe 0'-8' cut 220 LF $ 120.00 $ 26,400.00 3 15" PVC ASTM D3034 SDR 26 PVC pipe 8'-10' cut 1460 LF $ 130.00 $ 189,800.00 4 15" PVC ASTM D3034 SDR 26 PVC pipe 10'-12' cut 640 LF $ 150.00 $ 96,000.00 5 60" dia. manhole, 0'-4' depth 10 EA $ 3,500.00 $ 35,000.00 6 Extra depth in 60" dia. manholes over 4' in depth 40 LF $ 500.00 $ 20,000.00 7 Manhole Drop Assembly 10 EA $ 1,500.00 $ 15,000.00 8 24" Steel Casing Pipe 120 LF $ 275.00 $ 33,000.00 9 Bore for 24-inch pipe 120 LF $ 300.00 $ 36,000.00 10 Bore for 15-inch pipe 190 LF $ 150.00 $ 28,500.00 11 Utility Marker 2 EA $ 250.00 $ 500.00 12 Trench Safety 2,200 LF $ 2.00 $ 4,400.00 13 Traffic Controls 1 LS $ 5,000.00 $ 5,000.00 14 Erosion Control 1 LS $ 30,000.00 $ 30,000.00 Construction $ 546,900.00 Contingencies $ 54,690.00 Engineering $ 48,130.00 Surveying $ 12,030.00 TOTAL $ 661,750.00 OVERSIZED COST $ 127,050.00 DEVELOPER PORTION $ 267,350.00 CITY OF CANYON PORTION $ 394,400.00 # of Houses Built per Year 60 Total Houses Built 500 Developer Contribution $ 448,600.00 Interest Rate 3.00% Total Payments $ 511,583.44 Average Payment per Lot $ 1,023.17 Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 Year 11 Year 12 Houses Built 0 60 60 60 60 60 60 60 60 20 0 0 Total Houses 0 60 120 180 240 300 360 420 480 500 500 500 Developer Match Payment $ - $ 67,290 $ 65,675 $ 64,060 $ 62,445 $ 60,830 $ 59,215 $ 57,600 $ 55,985 $ 18,482 $ - $ - Payment Per Lot $ - $ 1,121.50 $ 1,094.58 $ 1,067.67 $ 1,040.75 $ 1,013.84 $ 986.92 $ 960.00 $ 933.09 $ 924.12 $ - $ - Cumulative Developer Payments $ - $ 67,290 $ 132,965 $ 197,025 $ 259,470 $ 320,300 $ 379,516 $ 437,116 $ 493,101 $ 511,583 $ 511,583 $ 511,583

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