City of Canyon Commission Meetings
Regular MeetingCanyon, TX · May 2, 2022
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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