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City of Canyon Commission Meetings

Regular Meeting

Canyon, TX · September 18, 2023

AgendaMinutes

Minutes

City Commission Meeting September 18, 2023 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, Robyn Cranmer Paul Lyons and Commissioner Danny Potter. Also present were the following City Staff: City Manager Joe Price, Assistant City Manager Jon Behrens, City Secretary Gretchen Mercer, Director of Public Works Dan Reese, Assistant Director of Public Works Chris Enriquez, Planning and Development Director Lucas Raley, Communications Director Megan Nelson, Economic Development Director Stephanie Tucker, Finance Director Joel Wright, Purchasing Manager Beau Boyer, Chief of Police Steven Brush, Police Captain Matt Coggins, Municipal Court Judge Jennifer Cates, Fire Chief Dennis Gwyn, Assistant Fire Chief Vince Whitfill, Parks Director Brian Noel, Water Superintendent Eric Whitten, City Engineer Adolfo Garcia, and City Attorney Chuck Hester. Item 1. Call to Order. Mayor Hinders called the meeting to order at 4:35 pm. Item 2. Invocation. Commissioner Cranmer gave the invocation. Item 3. Pledge of Allegiance. The Pledge of Allegiance was led by Mayor Pro-Tem Jones. Item 4. Approval of the Minutes of the Meeting of August 28, 2023. Mayor Pro-Tem Jones moved, duly seconded by Commissioner Cranmer to approve the minutes of August 28, 2023 as presented. Motion carried unanimously. Item 5. Public Comment – Comments from Interested Citizens. No comments were made. Item 6. Update and Consider and Take Appropriate Action on Repairs at Brown Road Railroad Crossing, Quiet Zone, and Future of Brown Road. A brief update was given over the status of Brown Road Railroad crossing. City Manager Joe Price stated the city had $250,000 budgeted to go towards the repairs and widening of the crossing and would be making “an ask” to BNSF to participate in the costs of widening the actual track area. Discussion was held on possibilities of weight limiting or restricting trucks with over so many axles. Police Chief Steven Brush said Transportation does not allow weight limits, could consider restricting truck traffic on 4th Ave. Chief Brush said TxDOT does not allow overweight trucks on Brown Road. City Commission Meeting September 18, 2023 Page 2 of 7 Mayor Hinders reported he had been in communication with Randall County and they changed the amount to be approved for Brown Road services from Freese and Nichols from $130,000 to $150,000. The widening of Brown Road crossing to accommodate a quiet zone was discussed with Mayor Hinders stating he felt widening for the quiet zone would also benefit the future use of the road as traffic increases over the years. Mayor Pro-Tem Jones asked if Randall County was agreeable to the widening of Brown Road and the quiet zone. City Attorney Chuck Hester said he had emailed Richard Gore with Randall County. Commissioner Cranmer stated she thought it would be a good idea to do a study to find out the average weight, size, and use of semi’s using Brown Road. Mr. Price asked if the Commissioners were ok with staff looking into ways to limit use of Brown Road. Commissioner Lyons responded no, he felt there were already too many rules and regulations and we didn’t need to add anymore. Director of Public Works Dan Reese pointed out 6th Avenue would also have to be considered as the trucks could just bypass 4th Avenue and go down 5th Avenue. After discussion, staff was directed to bring back more discussion as information becomes available. Item 7. Consider and Take Appropriate Action on Second and Final Reading of Resolution No. 33-2023, A Resolution of the City Commission of the City of Canyon Approving A Project Funding Agreement Between Nester Apiary, LLC and Canyon Economic Development Corporation Relating to Direct Financial Assistance for Business Expansion for a Business in Canyon, Texas. Canyon Economic Development Director Stephanie Tucker presented Resolution No. 33-2023 for the second of two required readings. Ms. Tucker said the Canyon Economic Development Corporation approved project funding for Nester Apiary, LLC for job incentives and direct financial assistance for business expansion at their July 20, 2023 board meeting. Ms. Tucker stated the total funding requested is $100,000. Ms. Tucker said the CEDC held a public hearing August 10, 2023 and had no opposition and the CEDC voted unanimously to recommend approval by the City Commission. After discussion, Mayor Pro-Tem Jones moved, duly seconded by Commissioner Potter to adopt Resolution No. 33-2023 as presented. Motion carried with Mayor Hinders abstaining. RESOLUTION NO. 33-2023 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON APPROVING A PROJECT FUNDING AGREEMENT BETWEEN NESTER APIARY, LLC AND CANYON ECONOMIC DEVELOPMENT CORPORATION RELATING TO DIRECT FINANCIAL ASSISTANCE FOR BUSINESS EXPANSION FOR A BUSINESS IN CANYON, TEXAS. City Commission Meeting September 18, 2023 Page 3 of 7 Item 8. Consider and Take Appropriate Action on Second and Final Reading of Resolution No. 34-2023, A Resolution of the Commission of the City of Canyon Approving Project Funding Agreement Between Pondaseta Brewing Co., LLC and Canyon Economic Development Corporation Relating to Direct Financial Assistance for Business Expansion for a New Business in Canyon, Texas. Canyon Economic Development Director Stephanie Tucker presented Resolution No. 34-2023 for the second of two required readings. Ms. Tucker said the Canyon Economic Development Corporation approved project funding for Pondaseta Brewing Co., LLC for direct financial assistance for business expansion at the July 20, 2023 board meeting. Ms. Tucker stated the total funding requested is $50,000. Ms. Tucker said the CEDC held a public hearing August 10, 2023 and had no opposition and the CEDC voted unanimously to recommend approval by the City Commission. After discussion, Commissioner Cranmer moved, duly seconded by Mayor Pro-Tem Jones to adopt Resolution No. 34-2023 as presented. Motion carried unanimously. RESOLUTION NO. 34-2023 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON APPROVING A PROJECT FUNDING AGREEMENT BETWEEN PONDASETA BREWING CO., LLC AND CANYON ECONOMIC DEVELOPMENT CORPORATION RELATING TO DIRECT FINANCIAL ASSISTANCE FOR BUSINESS EXPANSION FOR NEW BUSINESS IN CANYON, TEXAS. Item 9. Consider and Take Appropriate Action on Ordinance No. 1182, Annexing Territory to the City of Canyon The Lumber Yard, Ltd, An Ordinance of the City of Canyon, Texas, Annexing the Territory Herein Described to the City of Canyon in Randall County, Texas, Extending the Boundary Limits of the City of Canyon to Include the Property Herein Described Within the Said City Limits, and Granting to All the Inhabitants of Said Property All the Rights and Privileges of Other Citizens and Binding Said Inhabitants by All of the Acts, Ordinances, Resolutions, and Regulations of Said City. City Attorney Chuck Hester presented Ordinance No. 1182 annexing the Lumber Yard, LTD in the City of Canyon for consideration. Mr. Hester stated the City Commission accepted the petition for annexation and conducted the public hearings as required. Mr. Hester stated it was staff’s recommendation to adopt Ordinance No. 1182 annexing The Old Lumberyard. ORDINANCE NO.1182 ANNEXING TERRITORY TO THE CITY OF CANYON THE LUMBER YARD, LTD LUMBER YARD ANNEXATION AN ORDINANCE OF THE CITY OF CANYON, TEXAS, ANNEXING THE TERRITORY HEREIN DESCRIBED TO THE CITY OF CANYON IN RANDALL COUNTY, TEXAS, EXTENDING THE BOUNDARY LIMITS OF THE CITY OF CANYON TO INCLUDE THE PROPERTY HEREIN DESCRIBED WITHIN THE City Commission Meeting September 18, 2023 Page 4 of 7 SAID CITY LIMITS, AND GRANTING TO ALL THE INHABITANTS OF SAID PROPERTY ALL THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID INHABITANTS BY ALL OF THE ACTS, ORDINANCES, RESOLUTIONS, AND REGULATIONS OF SAID CITY. Item 10. Consider and Take Appropriate Action on Interlocal Agreement with PRPC for Grant Management Services of Hazard Mitigation Grant Project “Master Drainage Plan”. City Manager Joe Price presented an Interlocal Agreement with the PRPC for grant management services of a Hazard Mitigation Grant Project for the City of Canyon Master Drainage Plan. Mr. Price stated the grant application was submitted several years ago and had a 90/10 match. Mr. Price gave a high level overview of the project including that the grant was for $250,000 with a city match of $25,000. After discussion, Commissioner Cranmer moved, duly seconded by Mayor Pro-Tem Jones to authorize the Mayor to sign an Interlocal Cooperation Agreement with PRPC for Grant Management Services of the Hazard Mitigation Grant for the Mast Drainage Plan. Motion carried unanimously. Item 11. Consider and Take Appropriate Action on Bids Received for the 18” Force Main Replacement Project; Serving the Wastewater Treatment and Irrigation Facility. Director of Public Works Dan Reese presented bids received for the replacement of the 19” Force Main. Mr. Reese said the need for the force main replacement has been 20 years when the first 2 miles of line was replaced. Mr. Reese said luckily there haven’t been many breaks in the remaining original line, but afraid breaks will begin happening soon. Mr. Reese stated five (5) bids were received and opened on August 24, 2023 with the low bid received from Amarillo Utility Contractors for $1,674,060.00 and a completion time of 200 days. Mr. Reese stated only $1,450,000 was budgeted and stated the main reason for the overage is the proposed additional cost of air release valve replacements adding almost $200,000. Mr. Reese said the project will be funded through the federal ARPA funds that are currently in hand. Mr. Reese said it was staff’s recommendation that the bid be awarded to Amarillo Utility Contractors for $1,674,060.00. Mayor Hinders asked where the extra $200,000 will come from adding he didn’t want the money to come from reserves which are already on the low side. Director of Finance Joel Wright responded the city could delay spending on other projects, but he agreed using reserves was off the table. City Engineer Adolfo Garcia discussed how all the projects had some increases to their scope and was one of the reasons for the increased costs, the Mayor and Commissioners asked if there was projects that staff could assist with; wait on the release valves to lower the costs. Mr. Reese said the valves could wait and he would attempt to budget them next budget year. Mayor Pro-Tem Jones asked about the overages on Mayra Park. Mr. Garcia stated that moving the project to the east of the road due to land acquisition issues on the west side caused some increase to the cost. City Commission Meeting September 18, 2023 Page 5 of 7 Commissioner Lyons said the City needed to put the air release valves on now since the cost to do them will only increase in the future. Commissioner Lyons said he felt the extra funds should be taken out of reserves. Mayor Hinders expressed concern that using reserves would cause the City to fall below the City of Canyon’s reserve policy, which could drop the Cities bond rating. Commissioner Lyons said he didn’t feel the bond rating mattered, to which Mayor Hinders disagreed. Mayor Hinders asked if ARPA funds could be used to make up the difference and not depend on reserves. Mr. Price stated that would get into the 4th Street tank project and that timing was very important so as not to lose the ARPA funds. City Manager stated staff would look for ways to cut the budget and possibly use sales tax revenue to cover to overages. BIDDER BID AMOUNT DAYS TO COMPLETION Amarillo Utility Contractors $1,674,060.00 200 Scott Wampler $1,842,857.00 200 West Texas Utility Contractors $1,927,019.00 240 MH Civil Constructors, Inc. $1,979,000.00 LA Fuller $2,577,022.40 210 After discussion, Commissioner Cranmer moved, duly seconded by Commissioner Potter to award the bid for the 18” Force Main Replacement project to Amarillo Utility Contractors in the amount of $1,674,060.00. Motion carried unanimously. Item 12. Consider and Take Appropriate Action on Bids Received for Water and Sewer System Extensions to Serve the Mayra Park Subdivision. Director of Public Works Dan Reese presented bids received for the extension of water and sewer to Mayra Park Subdivision. Mr. Reese stated bids were opened August 31, 2023 with three bids received and the low bid was submitted by Scott Wampler Construction in the amount of $1,479,580.00. BIDDER BID AMOUNT DAYS TO COMPLETION Scott Wampler $1,479,580.00 200 MH Civil Contractors $1,525,000.00 210 Amarillo Utility Contractors $2,912,293.61 220 After discussion, Mayor Pro-Tem Jones moved, duly seconded by Commissioner Cranmer to award the bid for the Mayra Park Utility Extension project to Scott Wampler Construction in the amount of $1,479,580.00. Motion carried unanimously. City Commission Meeting September 18, 2023 Page 6 of 7 Item 13. Consider and Take Appropriate Action on Bids Received for the 12” Water Main Relocation at Hunsley Road and FM 2590. Director of Public Works Dan Reese presented bids received and opened August 24, 2023 for the relocation of the 12” water main at Hunsley Road and FM 2590 due to TxDOT beginning the rehab and traffic signal project at the intersection. Mr. Reese said 5 bids were received with Scott Wampler submitting the low bid. BIDDER BID AMOUNT DAYS TO COMPLETION Scott Wampler Construction $123, 750.00 60 Turkey Creek HDD $142,155.60 15 Amarillo Utility Contractors $147,220.00 120 MH Civil Constructors, Inc. $165,000.00 60 LA Fuller $233,444.70 60 After discussion, Mayor Pro-Tem Jones moved, duly seconded by Commissioner Cranmer to award the bid for the 12” Water Main Relocation at FM 2590 and Hunsley Road to Scott Wampler Construction in the amount of $123,750.00. Motion carried unanimously. Item 14. Consider and Take Appropriate Action on Authorization to Commit to Purchase One Police Vehicle as Budgeted for FY 2024. Chief of Police Steven Brush stated the Canyon Police Department would like permission to commit to the purchase of the police vehicle and police radio as budgeted in the 2023-2024 budget for $70,394.00 for the vehicle and $11,644.00 for the radio. Chief Brush said vehicle purchases have been problematic for the past three years and there was a vehicle available now that he would like to get and it is $750 under the budgeted amount. After discussion, Commissioner Cranmer moved, duly seconded by Mayor Pro-Tem Jones to allow the Police Department to commit to the purchase of one police vehicle and police radio. Motion carried unanimously. Item 15. Presentation of the Strategic Communications Plan. Communications Director Megan Nelson presented the Strategic Communications Plan for the City of Canyon. Ms. Nelson gave a very professional informational presentation and answered questions from the Commissioners. City Commission Meeting September 18, 2023 Page 7 of 7 Item 16. Consider and Take Appropriate Action on Resolution No. 35-2023, A Resolution of the City Commission of the City of Canyon, Texas in Order to Make Nominations to the Board of Directors of Randall County Appraisal District. City Manager Joe Prices presented Resolution No. 35-2023 for consideration. After discussion, Commissioner Cranmer moved, duly seconded by Mayor Pro-Tem Jones to nominate Claudia Burkett as a candidate for the Potter Randall Appraisal District Board of Directors. Motion carried unanimously. RESOLUTION NO. 35-2023 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS IN ORDER TO MAKE NOMINATIONS TO THE BOARD OF DIRECTORS OF RANDALL COUNTY APPRAISAL DISTRICT. Item 17. Executive Session Pursuant to §551.071 Consultation with Attorney, §551.074 Personnel Matters (City Manager and Municipal Judge Annual Evaluations), §551.072 Regarding Real Property and §551.087 Regarding Economic Development Negotiations. Mayor Hinders indicated the City Commission would adjourn into Executive Session at 5:10 pm. Item 18. Consider and Take Appropriate Action on Items Discussed in Executive Session. Upon Returning from Executive Session at 9:10 pm, the following action was taken. Mayor Pro-Tem Jones moved, duly seconded by Commissioner Potter to provide Canyon Municipal Court Judge, Jennifer Cates with a 3% merit raise. Motion carried unanimously. Item 19. Adjourn. There being no further business, Mayor Pro-Tem Jones moved this meeting be adjourned at 9:11 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 Monday, the 18th day of September 2023 in the Commission Chambers of City Hall at 301 16th Street in the City of Canyon to discuss the following agenda items. 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 August 28, 2023. 5. Public Comment – Comments from Interested Citizens. 6. Update and Consider and Take Appropriate Action on Repairs at Brown Road Railroad Crossing, Quiet Zone, and Future of Brown Road. 7. Consider and Take Appropriate Action on Second and Final Reading of Resolution No. 33-2023, A Resolution of the City Commission of the City of Canyon Approving A Project Funding Agreement Between Nester Apiary, LLC and Canyon Economic Development Corporation Relating to Direct Financial Assistance for Business Expansion for a Business in Canyon, Texas. 8. Consider and Take Appropriate Action on Second and Final Reading of Resolution No. 34-2023, A Resolution of the Commission of the City of Canyon Approving Project Funding Agreement Between Pondaseta Brewing Co., LLC and Canyon Economic Development Corporation Relating to Direct Financial Assistance for Business Expansion for a New Business in Canyon, Texas. 9. Consider and Take Appropriate Action on Ordinance No. 1182, Annexing Territory to the City of Canyon The Lumber Yard, Ltd, An Ordinance of the City of Canyon, Texas, Annexing the Territory Herein Described to the City of Canyon in Randall County, Texas, Extending the Boundary Limits of the City of Canyon to Include the Property Herein Described Within the Said City Limits, and Granting to All the Inhabitants of Said Property All the Rights and Privileges of Other Citizens and Binding Said Inhabitants by All of the Acts, Ordinances, Resolutions, and Regulations of Said City. 10. Consider and Take Appropriate Action on Interlocal Agreement with PRPC for Grant Management Services of hazard Mitigation Grant Project “Master Drainage Plan”. 11. Consider and Take Appropriate Action on Bids Received for the 18” Force Main Replacement Project; Serving the Wastewater Treatment and Irrigation Facility. 12. Consider and Take Appropriate Action on Bids Received for Water and Sewer System Extensions to Serve the Mayra Park Subdivision. 13. Consider and Take Appropriate Action on Bids Received for the 12” Water Main Relocation at Hunsley Road and FM 2590. 14. Consider and Take Appropriate Action on Authorization to Commit to Purchase One Police Vehicle as Budgeted for FY 2024. 15. Presentation of the Strategic Communications Plan. City of Canyon 16. Consider and Take Appropriate Action on Resolution No.35-2023, A Resolution of the City Commission of the City of Canyon, Texas in Order to Make Nominations to the Board of Directors of Randall County Appraisal District. 17. Executive Session Pursuant to §551.071 Consultation with Attorney, §551.074 Personnel Matters (City Manager and Municipal Judge Annual Evaluations) §551.072 Regarding Real Property and §551.087 Regarding Economic Development Negotiations. 18. Consider and Take Appropriate Action on Items Discussed in Executive Session. 19. 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 15th day of September 2023. Gretchen Mercer, City Clerk City of Canyon City Commission Meeting August 28, 2023 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, Robyn Cranmer Paul Lyons and Commissioner Danny Potter. Also present were the following City Staff: City Manager Joe Price, Assistant City Manager Jon Behrens, City Secretary Gretchen Mercer, HR Director Hector Mendoza, Director of Public Works Dan Reese, Assistant Director of Public Works Chris Enriquez, Assistant Planning and Development Director Craig Brown, Economic Development Director Stephanie Tucker, Finance Director Joel Wright, Purchasing Manager Beau Boyer, Chief of Police Steven Brush, Police Captain Matt Coggins, Fire Chief Dennis Gwyn, Assistant Fire Chief Vince Whitfill, Parks Director Brian Noel, Library Director Carlene Harguess, Water Superintendent Eric Whitten, and City Attorney Chuck Hester. Item 1. Call to Order. Mayor Hinders called the meeting to order at 4:33 pm. Item 2. Invocation. Mayor Pro-Tem Jones gave the invocation. Item 3. Pledge of Allegiance. The Pledge of Allegiance was led by Commissioner Lyons. Item 4. Approval of the Minutes of the Meeting of August 14, 2023. Mayor Pro-Tem Jones moved, duly seconded by Commissioner Cranmer to approve the minutes of August 14, 2023 as presented. Motion carried unanimously. Item 5. Public Comment – Comments from Interested Citizens. No comments were made. Item 6. Presentation of Proclamation Declaring September 2023 as National Library Card Signup Month. Mayor Hinders presented a Proclamation declaring the month of September 2023 as National Library Card Signup Month. Library Director Carlene Harguess stated at this time they had 9,379 Library Card members and had set a goal to have 10,000 by the end of the year. Ms. Harguess highlighted a few ways they were going to encourage people to sign up for a Library Card. Item 7. Consider and Take Appropriate Action on Request from Aurelio Rivas for the Continued Donation of Water for the Canyon Community Garden Located Between 1st and 2nd Avenue and 18th and 19 Street. City Commission Meeting August 28, 2023 Page 2 of 4 City Secretary Gretchen Mercer introduced Aurelio Rivas to request the continue donation of water for the Community Garden. Mr. Rivas spoke of the success of the garden. Mayor Hinders commended Mr. Rivas on how great the garden looked. Mr. Rivas stated he uses a drip system to conserve water and that helps prevent weeds. Commissioner Lyons asked how people accessed the garden to gather produce. Mr. Rivas said it’s open to the public, and he encourages all that enter to allow him to train them how to pick produce to alleviated damage or complete destruction of plants as appropriate. Mr. Rivas said there are at least 50 people that have attended training and pick from the garden. After discussion, Mayor Pro-Tem Jones moved, duly seconded by Commissioner Cranmer to approve the request from Aurelio Rivas for the continued donation of water for the Canyon Community Garden located between 1st and 2nd Avenue and 18th and 19th Street, Canyon, Texas as long as the purpose of the garden meets the criteria as set out in Resolution No. 10-2017 and request an update every odd year. Motion carried unanimously. Item 8. Conduct a Public Hearing and Consider and Take Appropriate Action on Ordinance No. 1185, An Ordinance of the City Commission of the City of Canyon, Texas, Fixing the Ad Valorem Tax Rate and Providing for the Levying of Ad Valorem Taxes for the Use and Support of the Municipal Government of the City of Canyon, Texas for the Fiscal Year Beginning October 1, 2023 and Ending September 30, 2024 at the Rate of $0.392860 Per One Hundred ($100.00), and for Directing the Assessment Thereof; Providing for a Date on Which Such Taxes Become Due and Delinquent Together With Penalties and Interest Thereon; Providing for Repealing, Savings and Severability Clause; Providing for an Effective Date of the Ordinance; and Providing for the Publication of the Caption Hereof. Purchasing Manager Beau Boyer presented Ordinance No. 1185 for consideration. Mayor Hinders opened the public hearing. There being no comments, Mayor Hinders closed the public hearing. After discussion, Commissioner Cranmer moved, duly seconded by Commissioner Potter to adopt Ordinance No. 1185 which states that the property tax rate be increased by the adoption of a tax rate of 0.39286 per $100 valuation, which is effectively a seven (7) percent increase in the tax rate. This tax rate includes an M&O rate of $0.37907 and an I&S rate of $0.01379. Motion carried with Commission Lyons voting against. Mayor Hinders aye Mayor Pro-Tem Jones aye Commissioner Lyons nay Commissioner Cranmer aye Commissioner Potter aye Item 9. Consider and Take Appropriate Action on Changing the Name of 4th Avenue to University Avenue or Memorializing 4th Avenue to University Avenue. City Commission Meeting August 28, 2023 Page 3 of 4 City Manager Joe Price presented a request by WTAMU to change the name of 4th Avenue to University Avenue. Mr. Price stated he felt there needed to be a lot of thought put into doing this as if the name were to be permanently changed it would come at a price to those living and doing business along 4th Avenue. Mr. Price said if 4th Avenue were to be memorialized as University Avenue then a sign would be placed on the current 4th Avenue signs that said University Avenue and homeowners and business would not have any changes to make. Mayor Pro-Tem asked Fire Chief Dennis Gwynn and Police Chief Steven Brush if they wanted to weigh in on the possible changes. Both said they had no concerns. Commissioner Lyons said he wanted the name permanently changed to University Avenue effective from Brown Road to the I-27 overpass. Commissioner Cranmer and Commissioner Potter said they were concerned of the cost and prospect of all having to rebrand and change addresses to businesses and property owners. City Manager Joe Price stated he would direct staff to get comments from all that live or do business on 4th Avenue and bring back the results at a later meeting for further consideration. Item 10. Consider and Take Appropriate Action on a Development Agreement for Extraterritorial Jurisdiction Development Between the City of Canyon and Property Owner, Diamond R. Real Estate, Known as Rocky Ridge. City Manager Joe Price presented a Developers Agreement for Rocky Ridge located in the Extraterritorial Jurisdiction (ETJ) of the City of Canyon as requested by property owner Diamond R. Real Estate. Mr. Price said they did not intend to annex the property and is located west of Canyon on US 60, on the north side of the highway. After discussion, Mayor Pro-Tem Jones moved, duly seconded by Commissioner Cranmer to approve the ETJ Development Agreement for Rocky Ridge Subdivision as presented. Motion carried unanimously. Item 11. Consider and Take Appropriate Action on a Development Agreement for Extraterritorial Jurisdiction Development Between the City of Canyon and Property Owner, High Plains Developers, LLC, Known as Eagles Landing. City Manager Joe presented a developers agreement for Eagles Landing development located in the Extraterritorial Jurisdiction of the City of Canyon as requested by property owners High Plains Developers, LLC. Mr. Price said the property is located to the north on Pondaseta on the east side of the highway and there were no plans to annex. After discussion, Commissioner Cranmer moved, duly seconded by Mayor Pro-Tem Jones to approve the ETJ Development agreement for Eagles Landing Subdivision as presented. Motion carried unanimously. City Commission Meeting August 28, 2023 Page 4 of 4 Item 12. Executive Session Pursuant to §551.071 Consultation with Attorney, §551.074 Personnel Matters (City Attorney Annual Evaluation) and §551.074 Board Appointments (TIRZ Board, Canyon Economic Development Corporation Board). Mayor Hinders indicated the City Commission would adjourn into Executive Session at 5:10 pm. Item 13. Consider and Take Appropriate Action on Items Discussed in Executive Session. Upon Returning from Executive Session at 6:09 pm, the following action was taken. Mayor Pro-Tem Jones moved, duly seconded by Commissioner Potter to appoint Thompson Mayberry to vacated seat of Jim Bryan on the Canyon Economic Development Corporation Board. Motion carried unanimously. Mayor Pro-Tem Jones moved, duly seconded by Commissioner Cranmer to reappoint City Attorney Chuck Hester as the City Attorney and to provide Mr. Hester with a 3% merit raise. Motion carried unanimously. Item 14. Adjourn. There being no further business, Mayor Pro-Tem Jones moved this meeting be adjourned at 6:11 pm. ______________________________ Gary Hinders, Mayor ATTEST: ________________________________ Gretchen Mercer, City Secretary AGENDA ITEM 6 AGENDA To: Honorable Mayor and City Commission From: Joe Price, City Manager Date: September 18, 2023 Re: Update and Consider and Take Appropriate Action on Repairs at Brown Road Railroad Crossing, Quiet Zone, and Future of Brown Road. You were provided with an extensive update on the status of the Brown Road Railroad Crossing during the August 14, 2023 meeting. Several property owners along and around the immediate Brown Road Rail Road Crossing spoke to the need to get the road opened citing medical emergencies, fire danger / evacuation concerns, heavy truck traffic, just to name a few. Today we will provide updated information that has been gathered since the August 14, 2023 meeting. You will find all the information from that meeting here beginning on page 101. If you would like to go over the minutes, you can find the minutes from August 14, 2023 here. These minutes provide a list of anyone who spoke and includes their concern/opinion. RECOMMENDED MOTION “Motion as desired by the Commission. City of Canyon AGENDA ITEM 7 AGENDA To: Joe Price, City Manager From: Stephanie Tucker Date: September 18, 2023 Re: Consider and Take Appropriate Action on Second and Final Reading of Resolution No. 33-2023. A Resolution of the City Commission of the City of Canyon Approving a Project Funding Agreement Between Nester Apiary, LLC and Canyon Economic Development Corporation Relating to Job Incentives and Direct Financial Assistance for Business Expansion in Canyon. During the July 20, 2023 meeting of the Canyon Economic Development Corporation (CEDC) approved project funding for Nester Apiary, LLC for Job Incentives and Direct Financial Assistance for Business Expansion in Canyon. The total funding request is $100,000. The funds would be disbursed from the CEDC. A Public Hearing was held August 10, 2023 and there was not any opposition for the project funding. It is the recommendation of Staff to Approve Resolution No. 33-2023. RECOMMENDED MOTION I move to adopt/deny Resolution No. 33-2023 as presented. City of Canyon RESOLUTION NO. 33-2023 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON APPROVING A PROJECT FUNDING AGREEMENT BETWEEN NESTER APIARY, LLC AND CANYON ECONOMIC DEVELOPMENT CORPORATION RELATING TO DIRECT FINANCIAL ASSISTANCE FOR BUSINESS EXPANSION FOR A BUSINESS IN CANYON, TEXAS. WHEREAS, on August 10, 2023 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 an expansion of existing business in Canyon; 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 Nester Apiary, LLC for the purpose of Direct Financial Assistance for Business Expansion for business in Canyon. 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 Nester Apiary, LLC 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 Business Expansion for business in Canyon in an amount not to exceed $100,000 to assist Nester Apiary, LLC. 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 14th of August, 2023. 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 18th of September, 2023. CITY OF CANYON, TEXAS ________________________________ GARY HINDERS, Mayor ATTEST: ______________________________ Gretchen Mercer, City Secretary Page 2 of 2 AGENDA ITEM 8 AGENDA To: Joe Price, City Manager From: Stephanie Tucker Date: September 18, 2023 Re: Consider and Take Appropriate Action on Second and Final Reading of Resolution No. 34-2023. A Resolution of the City Commission of the City of Canyon Approving a Project Funding Agreement Between Pondaseta Brewing Co., LLC and Canyon Economic Development Corporation Relating to Direct Financial Assistance for business expansion in Canyon. During the July 20, 2023 meeting of the Canyon Economic Development Corporation (CEDC) approved project funding for Pondaseta Brewing Co., LLC for Direct Financial Assistance for business expansion in Canyon. The total funding request is $50,000. The funds would be disbursed from the CEDC. A Public Hearing was held August 10, 2023 and there was not any opposition for the project funding. It is the recommendation of Staff to Approve Resolution No. 34-2023. RECOMMENDED MOTION I move to adopt/deny Resolution No. 34-2023 as presented. City of Canyon RESOLUTION NO. 34-2023 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON APPROVING A PROJECT FUNDING AGREEMENT BETWEEN PONDASETA BREWING CO., LLC AND CANYON ECONOMIC DEVELOPMENT CORPORATION RELATING TO DIRECT FINANCIAL ASSISTANCE FOR BUSINESS EXPANSION FOR NEW BUSINESS IN CANYON, TEXAS. WHEREAS, on August 10, 2023 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 an expansion of existing business in Canyon; 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 Pondaseta Brewing Co., LLC for the purpose of Direct Financial Assistance for Business Expansion for new business in Canyon. 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 Pondaseta Brewing Co., LLC 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 Business Expansion for new business in Canyon in an amount not to exceed $50,000 to assist Pondaseta Brewing Co., LLC. 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 14th of August, 2023. 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 18th of September, 2023. CITY OF CANYON, TEXAS ________________________________ GARY HINDERS, Mayor ATTEST: ______________________________ Gretchen Mercer, City Secretary Page 2 of 2 AGENDA ITEM 9 AGENDA To: Mayor and City Commission From: Chuck Hester, City Attorney Date: September 18, 2023 Re: Consider and Take Appropriate Action on Ordinance No. 1182, a Petition by The Lumber Yard, LTD, a Texas Limited Partnership Acting by and through The Lumber Yard Management, LLC,. for Voluntary Annexation of Land in the Extraterritorial Jurisdiction of the City of Canyon. At the meeting on July 20, 2023 the Commission accepted the Petition For Voluntary Annexation submitted by The Lumber Yard, LTD. The Commission also adopted Resolution 30-2023 establishing the annexation calendar, setting dates for publication and public hearings. Both required public hearings have been held and it is now time to take action on the Annexation of The Lumber Yard. Recommended Action: It is staff’s recommendation that Ordinance No. 1182 be adopted annexing The Old Lumber Yard into the Corporate City Limits of Canyon. City of Canyon ORDINANCE NO.1182 ANNEXING TERRITORY TO THE CITY OF CANYON THE LUMBER YARD, LTD LUMBER YARD ANNEXATION AN ORDINANCE OF THE CITY OF CANYON, TEXAS, ANNEXING THE TERRITORY HEREIN DESCRIBED TO THE CITY OF CANYON IN RANDALL COUNTY, TEXAS, EXTENDING THE BOUNDARY LIMITS OF THE CITY OF CANYON TO INCLUDE THE PROPERTY HEREIN DESCRIBED WITHIN THE SAID CITY LIMITS, AND GRANTING TO ALL THE INHABITANTS OF SAID PROPERTY ALL THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID INHABITANTS BY ALL OF THE ACTS, ORDINANCES, RESOLUTIONS, AND REGULATIONS OF SAID CITY. WHEREAS, the TEXAS LOCAL GOVERNMENT CODE and the municipal charter of the City of Canyon authorizes the annexation of the territory described in this Ordinance subject to the laws of the State of Texas; and, WHEREAS, the procedures prescribed by the T EXAS LOCAL GOVERNMENT CODE and the municipal charter of the City of Canyon and the other laws of the State of Texas have been duly complied with and followed with respect to the annexation of the following described territory, to wit: LEGAL DESCRIPTION Attached as Exhibit A incorporated by reference for all purposes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS; SECTION 1: That the property hereinabove described is hereby annexed to the City of Canyon, a home rule municipal corporation in Randall County, Texas, and that the boundary limits of the City of Canyon be and the same are hereby extended to include the above-described territory within the city limits of the City of Canyon and the same shall hereafter be included within the territorial limits of said City and the inhabitants thereof shall hereafter be entitled to all the rights and privileges of other citizens the City of Canyon and shall be bound by the acts, ordinances, resolutions and regulations of the City of Canyon. The City Clerk of the City of Canyon is hereby directed to file with the County Clerk of Randall County, Texas, a certified copy of this Ordinance to evidence the annexation of the territory herein described and the extension of the city limits of the City to include all such property. PAGE 1 OF 5 ADOPTED by the City Commission of the City of Canyon on September 18, 2023. ___________________________________ GARY HINDERS, Mayor ATTEST: ___________________________________ GRETCHEN MERCER, City Clerk ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF RANDALL § This instrument was subscribed and acknowledged before me on the 18th day of September, 2023, by GARY HINDERS, Mayor of the City of Canyon, Texas. ____________________________________ Notary Public, State of Texas AFTER RECORDING, RETURN TO: City of Canyon 301 16th Street Canyon, TX 79015 PAGE 2 OF 5 Exbibit A PROPERTY LEGAL DESCRIPTION TRACT 1: A 31.25 +/- acre tract of land out of Section 32, Block B-5, H. & G.N. R.R. Co. Survey, Randall County, Texas, further being the same tract of land described in that certain instrument recorded in Volume 701, Page 325 of the Deed Records of Randall County, Texas, said 31.25 +/- acre tract of land having been surveyed on the ground April 11, 2018 by Furman Land Surveyors, Inc. and being described by metes and bounds as follows: BEGINNING at a 1/2 inch iron rod with cap stamped "FURMAN RPLS" set in the East Right-of-Way line of U.S. Highway 87 from whence the Southwest corner of said Section 32 bears N. 89° 30' 00" W. 100 feet and S. 00° 30' 00" W. 703.3 feet according to TxDOT documents; THENCE S. 89° 30' 00" E. 2.50 feet to a 1/2 inch iron rod with cap stamped "FURMAN RPLS" set at a jog in said East Right-of-Way line, same being the beginning of a curve to the right whose corner bears S. 89° 30' 00" E. 500.96 feet; THENCE Northerly 285.03 feet along said East Right-of-Way line and along said curve to the right to a 1/2 inch iron rod with cap stamped "FURMAN RPLS" set for the end of said curve; THENCE N. 33° 06' 00" E. 227.75 feet along said East Right-of-Way line to 1/2 inch iron rod with cap stamped "FURMAN RPLS" set for the beginning of a curve to the left whose center bears N. 56° 54' 00" W. 650.00 feet; THENCE Northerly 596.73 feet along said East Right-of-Way line and along said curve to the left to a 1/2 inch iron rod with cap stamped "FURMAN RPLS" set for the end of said curve; THENCE N. 19° 30' 00" W. 302.53 feet along said East Right-of-Way line to an aluminum cap (TxDOT) found for the most West-Northwest corner of this tract of land same being the Southwest corner of a 13.64+/- acre tract of land surveyed simultaneously; THENCE S. 89° 23' 00" E. 365.11 feet along a common line of this tract of land and said 13.64+/- acre tract of land to a 1/2 inch iron rod with cap stamped "FURMAN RPLS" set; THENCE N. 00° 30' 00" E. 350.00 feet along a common line of this tract of land and said 13.64+/- acre tract of land to a 1/2 inch iron rod with cap stamped "FURMAN RPLS" set; THENCE N. 89° 23' 00" W. 65.78 feet along a common line of this tract of land and said 13.64+/- acre tract of land to a 1/2 inch iron rod with cap stamped "FURMAN RPLS" set; THENCE N. 00° 30' 00" E. 300.00 feet along a common line of this tract of land and said 13.64+/- acre tract of land to a 1/2 inch iron rod with cap stamped "FURMAN RPLS" set for the most North Northwest corner of this tract of land; THENCE S. 89° 23' 00" E. 957.39 feet along a common line of this tract of land and said 13.64+/- acre tract of land to a 1/2 inch iron rod with cap stamped "FURMAN RPLS" set in the Northwesterly Right-of- Way line of the Burlington North Santa Fe Railroad to a 1/2 inch iron rod with cap stamped "FURMAN RPLS" set for the Northeast corner of this tract of land and the Southeast corner of said 13.64+/- acre tract of land, same being a point a curve to the right whose center bears N. 78° 54' 29" W. 2664.93 feet; PAGE 3 OF 5 THENCE Southwesterly 1196.79 feet along said Railroad Right-of-Way and along said curve to the right to a 1/2 inch iron rod with cap stamped "FURMAN RPLS" set at a jog in said Railroad Right-of-Way and the end of said curve; THENCE S. 53° 10' 37" E. 100.00 feet to a 1/2 inch iron rod with cap stamped "FURMAN RPLS" set at a jog in said Railroad Right-of-Way line, same being the beginning of a curve to the right whose center bears N. 53° 10' 37" W. 2764.93 feet; THENCE Southwesterly 1372.35 feet along said Railroad Right-of-Way and along said curve to the right to a 1/2 inch iron rod with cap stamped "FURMAN RPLS" set in the East Right-of-Way line of U.S. Highway 87 for the Southwest corner of this tract of land; THENCE N. 00° 30' 00" E. 45.16 feet along said East Right-of-Way line of U.S. Highway 87 to the POINT OF BEGINNING and containing 31.25 acres of land more or less. Note: The bearing of N. 00° 30' 00" E. held between TxDOT aluminum cap monument found near Highway Station 42+56 and a TxDOT aluminum cap monument approximately 2840 feet North was used as a basis of this survey (See TxDOT Right-of-Way project plans dated August 2, 1960). TRACT 2: A 13.64+/- acre tract of land out of Section 32, Block B-5, H. & G.N. R.R. Co. Survey, Randall County, Texas, further being a portion of a tract of land described in that certain instrument recorded under Clerk’s File No. 04 19453 of The Official Public Records of Randall County Texas, said 13.64+/- acre tract of land having been surveyed on the ground April 11, 2018 by Furman Land Surveyors Inc. and being described by metes and bounds as follows: BEGINNING at an aluminum cap (TxDOT) found for the Southwest corner of this tract of land, same being a point in the East Right-of-Way line of U.S. Highway 87, from whence the Southwest corner of said Section 32 bears N. 89° 30’ 00” W. 263.15 feet (meas. 263.86 feet) and S. 00° 30’ 00” W. 2022.8 feet (meas. 2021.87 feet); THENCE N. 19° 30’ 00” W. 237.53 feet along said East right-of-way line to a brass cap (TxDOT) found for the beginning of a curve to the right whose center bears N. 70° 30’ 00” E. 540.96 feet; THENCE Northerly 188.83 feet along said East Right-of-Way line and along said curve to the right to an aluminum cap (TxDOT) found for the end of said curve; THENCE N. 00° 30’ 00” E. (Base line) 460.59 feet along said East Right-of-Way line to a 1/2 inch iron rod with cap (4664) found for the Northwest corner of this tract of land, same being Southwest corner of a 76.052+/- acre tract of land being described in that certain instrument recorded in Volume 1228, Page 350 of the Deed Records of Randall County, Texas, from whence an aluminum cap (TxDOT) found bears N. 00° 30’ 00” E. 2379.25 feet; THENCE S. 89° 23’ 00” E. 1422.14 feet along the common line of this tract of land and said 76.052+/- acre tract of land to a 1/2 inch iron rod with cap stamped “FURMAN RPLS” set for the Northeast corner of this tract of land same being a point in the Northwesterly Right-of-Way line of the Burlington Northern Santa Fe Railroad and a point on a curve to the right whose center bears N. 83° 39’ 22” W. 2664.93 feet; THENCE Southwesterly 220.85 feet along said Railroad Right-of-Way line and along said curve to the right to a 1/2 inch iron rod with cap stamped “FURMAN RPLS” set for the Southeast corner of this tract of land, same being the Northeast corner of a 31.25+/- acre tract of land surveyed simultaneously; PAGE 4 OF 5 THENCE N. 89° 23’ 00” W. 957.39 feet along a common line of this tract of land and said 31.25+/- acre tract of land to a 1/2 inch iron rod with cap stamped “FURMAN RPLS” set; THENCE S. 00° 30’ 00” W. 300.00 feet along a common line of this tract of land and said 31.25+/- acre tract of land to a 1/2 inch iron rod with cap stamped “FURMAN RPLS” set; THENCE S. 89° 23’ 00” E. 65.78 feet along a common line of this tract of land and said 31.25+/- acre tract of land to a 1/2 inch iron rod with cap stamped “FURMAN RPLS” set; THENCE S. 00° 30’ 00” W. 350.00 feet along a common line of this tract of land and said 31.25+/- acre tract of land to a 1/2 inch iron rod with cap stamped “FURMAN RPLS” set; THENCE N. 89° 23’ 00” W. 385.11 feet along a common line of this tract of land and said 31.25+/- acre tract of land to the POINT OF BEGINNING and containing 13.64+/- acres of land more or less. PAGE 5 OF 5 PETITION OF LANDOWNER FOR VOLUNTARY ANNEXATION TO: The Mayor and City Commission of the City of Canyon, Texas THE LUMBER YARD, LTD, a Texas limited partnership, acting by and through THE LUMBER YARD MANAGEMENT, LLC, a Texas limited liability company, as General Partner, acting by and through its managing members, RACHEL BYRD and DANNY BYRD, hereinafter referred to as, Petitioner, pursuant to the Canyon City Charter, and Chapter 43, Title 2 Subtitle C, TEX. LOC. GOV'T CODE ANN., petitions for annexation of the unincorporated territory in Randall County, Texas, described in Exhibit A attached hereto and incorporated by reference for all purposes: 1. The territory proposed for annexation is not presently within the boundaries of any incorporated city, town or village is and lies within extraterritorial jurisdiction (“ETJ”) of the City of Canyon contiguous to the city limits of the City of Canyon. 2. The property has ingress and egress to public right-of-way or easements which serve the tract proposed for annexation. 3. Petitioner is the owner in fee simple of the entire tract described above. 4. The territory proposed for annexation is located within the following districts and/or political subdivisions: (a.) Randall County (b.) Canyon Independent School District (c.) South Randall County Hospital District (d.) Randall County Noxious Weed Control District 5. The land does not lie within the right of way of a railroad. 6. Petitioner proposes to use the property for residential and light commercial development purposes. 7. The property proposed for annexation is not described in a recorded plat at this time, but is described in the attached Exhibit A. 8. Petitioner and the City have discussed the advisability of and necessity for a development agreement pursuant to TEX. LOC. GOV'T CODE §212.172. Petitioner has declined to enter into a development agreement providing for an ETJ development and seeks to have the property annexed into the City limits. The ETJ of the City of Canyon will be extended by the annexation as determined in accordance with Chapter 42 TEX. LOC. GOVT. CODE. An Annexation Agreement and Municipal Service Plan is attached hereto as Exhibit B and is incorporated herein for all purposes. 9. The land to be annexed contains fewer than 200 tracts. 10. The land to be annexed has no permanent residents at this time. 11. Petitioner therefore requests that the tract described above be annexed and incorporated into the City of Canyon for general purposes. 12. In the event Petitioners should withdraw the request for voluntary annexation prior to final action by the City Commission, Petitioners agree to pay all publication expenses incurred by the City of Canyon in connection with such request and petition. PETITION OF LANDOWNER FOR VOLUNTARY ANNEXATION PAGE 1 OF 11 NOTICE TO PETITIONER IN ACCORDANCE WITH S.B. 1338 ADOPTED BY THE 87TH TEXAS LEGISLATURE EFFECTIVE SEPTEMBER 1, 2021 AMENDING SUBCHAPTER A OF CHAPTER 43 AND SECTION 212.172 TEX. LOC. GOVT. CODE, PETITIONER IS ADVISED: 1. PETITIONER AS LANDOWNER IS NOT REQUIRED TO ENTER INTO THIS AGREEMENT; 2. THE ANNEXATION PROCEDURE DESCRIBED IN THIS AGREEMENT IS A LANDOWNER CONSENT ANNEXATION CONDUCTED UNDER THE AUTHORITY OF CHAPTER 43 OF THE TEX. LOC. GOVT. CODE AND THE HOME RULE MUNICIPAL CHARTER OF THE CITY OF CANYON; 3. THE ANNEXATION WILL REQUIRE A VOLUNTARY PETITION BY THE LANDOWNER, TOGETHER WITH PUBLISHED NOTICE IN A NEWSPAPER OF GENERAL CIRCULATION IN CANYON TEXAS AND ON THE CITY INTERNET WEBSITE. TWO PUBLIC HEARINGS WILL BE REQUIRED BEFORE THE CITY COMMISSION PRIOR TO ADOPTION OF AN ANNEXATION ORDINANCE; 4. IN THE EVENT THE PROPERTY REMAINS IN THE ETJ OF THE CITY, THE CITY MAY EXTEND PLANNING AUTHORITY OVER THE LAND INCLUDING PLATTING, SUBDIVISION REGULATIONS, NUISANCE REGULATIONS, AND GROUNDWATER REGULATIONS ALONG WITH ANY OTHER REGULATIONS PERMITTED BY LAW, PURSUANT TO TEX. LOC. GOVT. CODE § 212.172. This document may be signed in person at the City of Canyon Planning and Development Department or by electronic means pursuant to the TEXAS UNIFORM ELECTRONIC TRANSACTION ACT (ETA), TEXAS BUSINESS & COMMERCE CODE § 322.001, et seq. The parties and their duly authorized representatives, by signing below agree to the application of the ETA to this transaction. THE LUMBER YARD, LTD, a Texas limited partnership, acting by and through THE LUMBER YARD MANAGEMENT, LLC, a Texas limited liability company, General Partner By: RACHEL BYRD Managing Member, The Lumber Yard Management, LLC By: DANNY BYRD Managing Member, The Lumber Yard Management, LLC PETITION OF LANDOWNER FOR VOLUNTARY ANNEXATION PAGE 2 OF 11 NOTICE TO PETITIONER ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF RANDALL § This instrument was sworn to, subscribed and acknowledged before me on the _____ day of July, 2023, by RACHEL BYRD, Managing Member of THE LUMBER YARD MANAGEMENT, LLC, a Texas limited liability company, on behalf of said company. Notary Public, State of Texas ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF RANDALL § This instrument was sworn to, subscribed and acknowledged before me on the _____ day of July, 2023, by DANNY BYRD, Managing Member of THE LUMBER YARD MANAGEMENT, LLC, a Texas limited liability company, on behalf of said company. Notary Public, State of Texas PREPARED BY: Chuck Hester, City Attorney 1507 4th Ave Ste A Canyon, TX 79015 PETITION OF LANDOWNER FOR VOLUNTARY ANNEXATION PAGE 3 OF 11 EXHIBIT A PROPERTY LEGAL DESCRIPTION TRACT 1: A 31.25 +/- acre tract of land out of Section 32, Block B-5, H. & G.N. R.R. Co. Survey, Randall County, Texas, further being the same tract of land described in that certain instrument recorded in Volume 701, Page 325 of the Deed Records of Randall County, Texas, said 31.25 +/- acre tract of land having been surveyed on the ground April 11, 2018 by Furman Land Surveyors, Inc. and being described by metes and bounds as follows: BEGINNING at a 1/2 inch iron rod with cap stamped "FURMAN RPLS" set in the East Right-of- Way line of U.S. Highway 87 from whence the Southwest corner of said Section 32 bears N. 89° 30' 00" W. 100 feet and S. 00° 30' 00" W. 703.3 feet according to TxDOT documents; THENCE S. 89° 30' 00" E. 2.50 feet to a 1/2 inch iron rod with cap stamped "FURMAN RPLS" set at a jog in said East Right-of-Way line, same being the beginning of a curve to the right whose corner bears S. 89° 30' 00" E. 500.96 feet; THENCE Northerly 285.03 feet along said East Right-of-Way line and along said curve to the right to a 1/2 inch iron rod with cap stamped "FURMAN RPLS" set for the end of said curve; THENCE N. 33° 06' 00" E. 227.75 feet along said East Right-of-Way line to 1/2 inch iron rod with cap stamped "FURMAN RPLS" set for the beginning of a curve to the left whose center bears N. 56° 54' 00" W. 650.00 feet; THENCE Northerly 596.73 feet along said East Right-of-Way line and along said curve to the left to a 1/2 inch iron rod with cap stamped "FURMAN RPLS" set for the end of said curve; THENCE N. 19° 30' 00" W. 302.53 feet along said East Right-of-Way line to an aluminum cap (TxDOT) found for the most West-Northwest corner of this tract of land same being the Southwest corner of a 13.64+/- acre tract of land surveyed simultaneously; THENCE S. 89° 23' 00" E. 365.11 feet along a common line of this tract of land and said 13.64+/- acre tract of land to a 1/2 inch iron rod with cap stamped "FURMAN RPLS" set; THENCE N. 00° 30' 00" E. 350.00 feet along a common line of this tract of land and said 13.64+/- acre tract of land to a 1/2 inch iron rod with cap stamped "FURMAN RPLS" set; THENCE N. 89° 23' 00" W. 65.78 feet along a common line of this tract of land and said 13.64+/- acre tract of land to a 1/2 inch iron rod with cap stamped "FURMAN RPLS" set; THENCE N. 00° 30' 00" E. 300.00 feet along a common line of this tract of land and said 13.64+/- acre tract of land to a 1/2 inch iron rod with cap stamped "FURMAN RPLS" set for the most North Northwest corner of this tract of land; EXHIBIT A TO THE PETITION OF LANDOWNER FOR VOLUNTARY ANNEXATION PAGE 4 OF 11 EXHIBIT A THENCE S. 89° 23' 00" E. 957.39 feet along a common line of this tract of land and said 13.64+/- acre tract of land to a 1/2 inch iron rod with cap stamped "FURMAN RPLS" set in the Northwesterly Right-of-Way line of the Burlington North Santa Fe Railroad to a 1/2 inch iron rod with cap stamped "FURMAN RPLS" set for the Northeast corner of this tract of land and the Southeast corner of said 13.64+/- acre tract of land, same being a point a curve to the right whose center bears N. 78° 54' 29" W. 2664.93 feet; THENCE Southwesterly 1196.79 feet along said Railroad Right-of-Way and along said curve to the right to a 1/2 inch iron rod with cap stamped "FURMAN RPLS" set at a jog in said Railroad Right-of-Way and the end of said curve; THENCE S. 53° 10' 37" E. 100.00 feet to a 1/2 inch iron rod with cap stamped "FURMAN RPLS" set at a jog in said Railroad Right-of-Way line, same being the beginning of a curve to the right whose center bears N. 53° 10' 37" W. 2764.93 feet; THENCE Southwesterly 1372.35 feet along said Railroad Right-of-Way and along said curve to the right to a 1/2 inch iron rod with cap stamped "FURMAN RPLS" set in the East Right-of-Way line of U.S. Highway 87 for the Southwest corner of this tract of land; THENCE N. 00° 30' 00" E. 45.16 feet along said East Right-of-Way line of U.S. Highway 87 to the POINT OF BEGINNING and containing 31.25 acres of land more or less. Note: The bearing of N. 00° 30' 00" E. held between TxDOT aluminum cap monument found near Highway Station 42+56 and a TxDOT aluminum cap monument approximately 2840 feet North was used as a basis of this survey (See TxDOT Right-of-Way project plans dated August 2, 1960). TRACT 2: A 13.64+/- acre tract of land out of Section 32, Block B-5, H. & G.N. R.R. Co. Survey, Randall County, Texas, further being a portion of a tract of land described in that certain instrument recorded under Clerk’s File No. 04 19453 of The Official Public Records of Randall County Texas, said 13.64+/- acre tract of land having been surveyed on the ground April 11, 2018 by Furman Land Surveyors Inc. and being described by metes and bounds as follows: BEGINNING at an aluminum cap (TxDOT) found for the Southwest corner of this tract of land, same being a point in the East Right-of-Way line of U.S. Highway 87, from whence the Southwest corner of said Section 32 bears N. 89° 30’ 00” W. 263.15 feet (meas. 263.86 feet) and S. 00° 30’ 00” W. 2022.8 feet (meas. 2021.87 feet); THENCE N. 19° 30’ 00” W. 237.53 feet along said East right-of-way line to a brass cap (TxDOT) found for the beginning of a curve to the right whose center bears N. 70° 30’ 00” E. 540.96 feet; THENCE Northerly 188.83 feet along said East Right-of-Way line and along said curve to the right to an aluminum cap (TxDOT) found for the end of said curve; EXHIBIT A TO THE PETITION OF LANDOWNER FOR VOLUNTARY ANNEXATION PAGE 5 OF 11 EXHIBIT A THENCE N. 00° 30’ 00” E. (Base line) 460.59 feet along said East Right-of-Way line to a 1/2 inch iron rod with cap (4664) found for the Northwest corner of this tract of land, same being Southwest corner of a 76.052+/- acre tract of land being described in that certain instrument recorded in Volume 1228, Page 350 of the Deed Records of Randall County, Texas, from whence an aluminum cap (TxDOT) found bears N. 00° 30’ 00” E. 2379.25 feet; THENCE S. 89° 23’ 00” E. 1422.14 feet along the common line of this tract of land and said 76.052+/- acre tract of land to a 1/2 inch iron rod with cap stamped “FURMAN RPLS” set for the Northeast corner of this tract of land same being a point in the Northwesterly Right-of-Way line of the Burlington Northern Santa Fe Railroad and a point on a curve to the right whose center bears N. 83° 39’ 22” W. 2664.93 feet; THENCE Southwesterly 220.85 feet along said Railroad Right-of-Way line and along said curve to the right to a 1/2 inch iron rod with cap stamped “FURMAN RPLS” set for the Southeast corner of this tract of land, same being the Northeast corner of a 31.25+/- acre tract of land surveyed simultaneously; THENCE N. 89° 23’ 00” W. 957.39 feet along a common line of this tract of land and said 31.25+/- acre tract of land to a 1/2 inch iron rod with cap stamped “FURMAN RPLS” set; THENCE S. 00° 30’ 00” W. 300.00 feet along a common line of this tract of land and said 31.25+/- acre tract of land to a 1/2 inch iron rod with cap stamped “FURMAN RPLS” set; THENCE S. 89° 23’ 00” E. 65.78 feet along a common line of this tract of land and said 31.25+/- acre tract of land to a 1/2 inch iron rod with cap stamped “FURMAN RPLS” set; THENCE S. 00° 30’ 00” W. 350.00 feet along a common line of this tract of land and said 31.25+/- acre tract of land to a 1/2 inch iron rod with cap stamped “FURMAN RPLS” set; THENCE N. 89° 23’ 00” W. 385.11 feet along a common line of this tract of land and said 31.25+/- acre tract of land to the POINT OF BEGINNING and containing 13.64+/- acres of land more or less. EXHIBIT A TO THE PETITION OF LANDOWNER FOR VOLUNTARY ANNEXATION PAGE 6 OF 11 EXHIBIT B EXHIBIT B TO THE PETITION OF LANDOWNER FOR VOLUNTARY ANNEXATION PAGE 7 OF 11 EXHIBIT B EXHIBIT B TO THE PETITION OF LANDOWNER FOR VOLUNTARY ANNEXATION PAGE 8 OF 11 EXHIBIT B EXHIBIT B TO THE PETITION OF LANDOWNER FOR VOLUNTARY ANNEXATION PAGE 9 OF 11 EXHIBIT B EXHIBIT B TO THE PETITION OF LANDOWNER FOR VOLUNTARY ANNEXATION PAGE 10 OF 11 EXHIBIT B EXHIBIT B TO THE PETITION OF LANDOWNER FOR VOLUNTARY ANNEXATION PAGE 11 OF 11 AGENDA ITEM 10 AGENDA To: Honorable Mayor and City Commission From: Joe Price, City Manager Date: September 18, 2023 Re: Consider and Take Appropriate Action on Interlocal Agreement with PRPC for Grant Management Services of Hazard Mitigation Grant Project “Master Drainage Plan” A few years ago, the City of Canyon submitted a grant application to Texas Department of Emergency Management for a Hazard Mitigation Grant, specifically for a Master Drainage Plan and Implementation of a Storm Water Utility. The grant program is a 90/10 grant with 10%-dollar match from the City of Canyon. Similar to the CDBG program. The Master Drainage Plan project is currently in our Hazard Mitigation Plan and in the Canyon Capital Improvement Plan; hence, it is in 2 of our existing plans. Grant Project Application: Project: Draft and Adopt an initial Master Drainage Plan (MDP) Project Description: The City of Canyon continues to see flooding events that need to be addressed with effective drainage measures and storm system. A master drainage plan addresses the current and future drainage needs of our community. The boundary of the plan will follow regional watershed limits. The proposed facilities may include channels, storm drains, levees, basins, dams, wetlands or any other conveyance capable of economically relieving flooding problems within the plan area. The plan includes an estimate of facility capacity, sizes and costs. More detail will be given in the following areas: • First, the plan will provide a guide for the orderly development of the City and outlying areas for future growth areas (ETJ and other area) as it relates to drainage and the watershed/stormshed. • Second, the plan will do a study of the watershed/stormshed and the watershed/stormshed areas. Special Emphasis will be planned more in depth for the South and Southeast side of Canyon (SHFA and adjacent areas) and the North/Northwest side of Canyon., • Third, the plan will provide a list of projects and an estimate of costs to resolve flooding issues within a community. This will be in the form of a Capital Improvement Program list, where project expenditures for each budget year will be identified. • Finally, the plan will be used to establish Area Drainage Plan fees aka a Stormwater Utility Fee for the community, which prevent existing taxpayers from having to shoulder the burden of land development costs. City of Canyon AGENDA Project Cost Breakdown: Engineering Studies/Planning Activities: $250,000 Grant Administration: $12,500 (5% of Activities) Total Project Cost: $262,500 Funding Stream Breakdown: HM Grant Funding Amount: $225,000 (75% - Grant Funding) Grant Administration: $12,500 (Grant Funding) City Match Amount: $25,000 (10% - City Funding) Total Project Cost: $262,500 PRPC helped the City of Canyon draft and submit the grant application. They also have experience managing these types of grant projects. The services for administration is paid 100% by TDEM on projects. Grant Administration: $12,500. Recommendation: Staff recommends the Commission to authorize the Mayor to sign an Interlocal Cooperation Agreement with PRPC for Grant Management Services of the Hazard Mitigation Grant for the Master Drainage Plan. Recommended Motion: “I move to authorize the Mayor to sign an Interlocal Cooperation Agreement with PRPC for grant management services regarding the City of Canyon’s Hazard Mitigation Grant.” City of Canyon AGENDA ITEM 11 AGENDA To: Joe Price, City Manager From: Dan Reese, Public Works Director Beau Boyer, Budget and Purchasing Manager Date: September 18, 2023 Re: Consider and Take Appropriate Action on Bids Received for the 18” Force Main Replacement Project; Serving the Wastewater Treatment and Irrigation Facility. This project has been in the works for quite some time, as it’s been over 20 years since we completed the first two miles of the force main replacement to the WWTIF (Farm). We’ve been very fortunate and have only experienced a couple of more breaks in this line since then. The remaining old line is the last of the original installation from when the facility was constructed around 1983. A sketch showing the project location is attached. We received five bids, from our usual local utility contractors, which were opened on August 24. As you can see in the attached tabulation sheet, the bids ranged from $ 1.674M to $ 2.577M. The low bid for this project was submitted by Amarillo Utility Contractors in the amount of $ 1,674,060.00. A contract completion time of 200 days was also bid. The estimate, in the current budget, for this project was $ 1,450,000. The main reason for this additional cost was for the addition of some air release valve replacement that wasn’t in the original plans. This added almost $ 200,000 to the bid. This project will be funded with our federal ARPA funds which were earmarked for water, sewer and broadband projects. These funds are currently in- hand. The bid tabulation sheet and award recommendation from the Engineer is also attached. Staff recommends that the bid for the remaining force main replacement project, to the farm, be awarded to Amarillo Utility Contractors, in the amount of $ 1,674,060.00. RECOMMENDED MOTION I move to award the bid for the 18” Force Main Replacement project to Amarillo Utility Contractors in the amount of $ 1,674,060.00. City of Canyon BID TABULATION SHEET Project Description: Wastewater Collection System Improvements 18" Force Main Replacement From County Road 283 To City of Canyon WWTP Canyon, Texas HPCE Project No. 82093 Thursday, August 24, 2023 2:00 PM Item BASE BID Est. Amarillo Utility Contractors Scott Wampler Construction West Texas Utility Contractors MH Civil Constructors, Inc. LA Fuller No. Items Description Quantity Unit Unit Price Ext. Amount Unit Price Ext. Amount Unit Price Ext. Amount Unit Price Ext. Amount Unit Price Ext. Amount 1 Mobilization 1 LS $ 80,000.00 $ 80,000.00 $ 60,000.00 $ 60,000.00 $ 56,000.00 $ 56,000.00 $ 25,130.00 $ 25,130.00 $ 127,620.00 $ 127,620.00 2 18" PVC C-900 DR25 Pipe 10,000 LF $ 112.00 $ 1,120,000.00 $ 125.01 $ 1,250,100.00 $ 128.00 $ 1,280,000.00 $ 140.00 $ 1,400,000.00 $ 149.70 $ 1,497,000.00 3 18" GV&B 4 EA $ 22,000.00 $ 88,000.00 $ 23,408.00 $ 93,632.00 $ 24,252.00 $ 97,008.00 $ 20,000.00 $ 80,000.00 $ 29,711.60 $ 118,846.40 4 16" PVC C-900 DR18 Pipe 30 LF $ 140.00 $ 4,200.00 $ 95.00 $ 2,850.00 $ 125.00 $ 3,750.00 $ 270.00 $ 8,100.00 $ 246.10 $ 7,383.00 5 10" PVC C-900 DR18 Pipe 40 LF $ 85.00 $ 3,400.00 $ 75.00 $ 3,000.00 $ 50.00 $ 2,000.00 $ 160.00 $ 6,400.00 $ 142.00 $ 5,680.00 6 16" GV&B 2 EA $ 12,500.00 $ 25,000.00 $ 13,450.00 $ 26,900.00 $ 15,910.00 $ 31,820.00 $ 16,000.00 $ 32,000.00 $ 17,919.90 $ 35,839.80 7 10" GV&B 2 EA $ 4,500.00 $ 9,000.00 $ 5,245.00 $ 10,490.00 $ 5,410.00 $ 10,820.00 $ 8,000.00 $ 16,000.00 $ 7,572.30 $ 15,144.60 8 6" Hydra Stop 1 EA $ 4,000.00 $ 4,000.00 $ 6,800.00 $ 6,800.00 $ 6,000.00 $ 6,000.00 $ 13,000.00 $ 13,000.00 $ 18,529.30 $ 18,529.30 9 10" HDPE - Bypass Line 580 LF $ 30.00 $ 17,400.00 $ 60.00 $ 34,800.00 $ 60.00 $ 34,800.00 $ 150.00 $ 87,000.00 $ 169.30 $ 98,194.00 10 6" Valve Bypass Assembly 1 LS $ 16,000.00 $ 16,000.00 $ 5,875.00 $ 5,875.00 $ 14,250.00 $ 14,250.00 $ 20,000.00 $ 20,000.00 $ 13,399.80 $ 13,399.80 11 Ductile Iron Fittings 6,250 LBS $ 15.00 $ 93,750.00 $ 14.00 $ 87,500.00 $ 14.00 $ 87,500.00 $ 10.00 $ 62,500.00 $ 14.40 $ 90,000.00 12 Gravel Road Repair 920 SY $ 2.00 $ 1,840.00 $ 27.00 $ 24,840.00 $ 45.00 $ 41,400.00 $ 15.00 $ 13,800.00 $ 31.00 $ 28,520.00 Demolish and Remove Existing Air Release Valve 13 4 EA $ 600.00 $ 2,400.00 $ 1,500.00 $ 6,000.00 $ 5,400.00 $ 21,600.00 $ 5,000.00 $ 20,000.00 $ 3,470.00 $ 13,880.00 Vault 14 Air Release Valve Assembly 4 EA $ 22,000.00 $ 88,000.00 $ 27,500.00 $ 110,000.00 $ 28,568.00 $ 114,272.00 $ 25,000.00 $ 100,000.00 $ 46,088.50 $ 184,354.00 15 Air Release Valve Replacement 8 EA $ 13,500.00 $ 108,000.00 $ 12,500.00 $ 100,000.00 $ 13,408.00 $ 107,264.00 $ 10,000.00 $ 80,000.00 $ 23,152.40 $ 185,219.20 16 Trench Safety System 10,070 LF $ 1.00 $ 10,070.00 $ 1.00 $ 10,070.00 $ 0.50 $ 5,035.00 $ 1.00 $ 10,070.00 $ 3.80 $ 38,266.00 17 Traffic Controls 1 LS $ 1,000.00 $ 1,000.00 $ 7,500.00 $ 7,500.00 $ 12,000.00 $ 12,000.00 $ 2,500.00 $ 2,500.00 $ 33,446.30 $ 33,446.30 18 Erosion Controls 1 LS $ 2,000.00 $ 2,000.00 $ 2,500.00 $ 2,500.00 $ 1,500.00 $ 1,500.00 $ 2,500.00 $ 2,500.00 $ 65,700.00 $ 65,700.00 TOTAL BASE BID TOTAL $ 1,674,060.00 TOTAL $ 1,842,857.00 TOTAL $ 1,927,019.00 TOTAL $ 1,979,000.00 TOTAL $ 2,577,022.40 TOTAL DAYS TO COMPLETE BASE BID DAYS 200 DAYS 200 DAYS 240 DAYS DAYS 210 AGENDA ITEM 12 AGENDA To: Joe Price, City Manager From: Dan Reese, Public Works Director Beau Boyer, Budget and Purchasing Manager Date: September 18, 2023 Re: Consider and Take Appropriate Action on Bids Received for Water and Sewer System Extensions to Serve the Mayra Park Subdivision. On August 31, we opened bids for the above referenced project. This project is for the utility extensions from Hunsley Rd., north along FM 2590, to serve the proposed subdivision. The sewer extension will have to come from the FM 2590 / Hunsley Rd. intersection and the water will be extended from the northwest corner of the Madison Park subdivision. These lines will terminate near the southeast corner of the subdivision. Also, in order to have a second water source, a line will be installed from the southwest corner of the Spring Canyon subdivision, which will tie in to the northeast corner of the new subdivision. A sketch showing the project locations is attached. This project received three bids, from our usual local utility contractors. The low bid for this project was submitted by Scott Wampler Construction, in the amount of $ 1,479,580.00. A contract completion time of 200 days was also bid. The original estimate for this project was $ 1,051,000. As you can see, due to our current economy and prices, the bid approximately 40% over the estimate. We contribute this to two factors. First, we’re dealing with a year-old estimate and second, everyone is experiencing increased material and labor costs. However, this project will include a cost share from the developer with their portion being approximately $ 450,000. A bid tabulation sheet and award recommendation from the Engineer is also attached. Staff recommends that the Mayra Park Utility Extension Project bid be awarded to Scott Wampler Construction, in the amount of $ 1,479,580.00. RECOMMENDED MOTION I move to award the bid for the Mayra Park Utility Extension project to Scott Wampler Construction in the amount of $ 1,479,580.00. City of Canyon BID TABULATION SHEET Project Description: 82639-Sanitary Sewer Collection System Extension Water Distribution System Extension Mayra Park Addition Canyon, TX HPCE Project No. 82639 Thursday, August 31, 2023 2:00:00 PM Item BASE BID Est. Scott Wampler Construction MH Civil Contractors Amarillo Utility Contractors No. Items Description Quantity Unit Unit Price Ext. Amount Unit Price Ext. Amount Unit Price Ext. Amount 1 Mobilization/Demobilization 1 LS $ 50,000.00 $ 50,000.00 $ 24,560.00 $ 24,560.00 $ 140,000.00 $ 140,000.00 2 12" C900 DR18 PVC 400 LF $ 90.00 $ 36,000.00 $ 100.00 $ 40,000.00 $ 155.00 $ 62,000.00 3 12" PVC, C900 DR18 Restrained Joint Pipe 170 LF $ 110.00 $ 18,700.00 $ 130.00 $ 22,100.00 $ 175.00 $ 29,750.00 4 20" PVC, C900 DR25 Restrained Joint Pipe 280 LF $ 180.00 $ 50,400.00 $ 250.00 $ 70,000.00 $ 260.00 $ 72,800.00 5 20" Gate Valve and Box 4 EA $ 22,175.00 $ 88,700.00 $ 27,000.00 $ 108,000.00 $ 28,000.00 $ 112,000.00 6 12" Gate Valve and Box 5 EA $ 5,875.00 $ 29,375.00 $ 8,000.00 $ 40,000.00 $ 6,500.00 $ 32,500.00 7 6" Gate Valve and Box 1 EA $ 1,800.00 $ 1,800.00 $ 3,500.00 $ 3,500.00 $ 3,500.00 $ 3,500.00 8 Ductile Iron Fittings 2,540 LBS $ 12.00 $ 30,480.00 $ 1.00 $ 2,540.00 $ 18.00 $ 45,720.00 9 Fire Hydrant 1 EA $ 5,675.00 $ 5,675.00 $ 8,500.00 $ 8,500.00 $ 10,863.61 $ 10,863.61 10 60" Fiberglass Sewer Manhole 7 EA $ 7,500.00 $ 52,500.00 $ 15,000.00 $ 105,000.00 $ 20,000.00 $ 140,000.00 11 Extra Depth in 60" Manhole 110 LF $ 1,500.00 $ 165,000.00 $ 200.00 $ 22,000.00 $ 2,300.00 $ 253,000.00 12 12" Drop Assembly 10 EA $ 200.00 $ 2,000.00 $ 1,000.00 $ 10,000.00 $ 500.00 $ 5,000.00 13 15" Drop Assembly 10 EA $ 200.00 $ 2,000.00 $ 1,200.00 $ 12,000.00 $ 500.00 $ 5,000.00 14 8" PVC, ASTM D3034 SDR26 Sewer Pipe, 0'-10' Cut 20 LF $ 100.00 $ 2,000.00 $ 90.00 $ 1,800.00 $ 70.00 $ 1,400.00 15 15" PVC, ASTM D3034 SDR26 Sewer Pipe, 0'-12' Cut 360 LF $ 150.00 $ 54,000.00 $ 140.00 $ 50,400.00 $ 125.00 $ 45,000.00 16 15" PVC, ASTM D3034 SDR26 Sewer Pipe, 12'-14' Cut 50 LF $ 170.00 $ 8,500.00 $ 150.00 $ 7,500.00 $ 135.00 $ 6,750.00 17 15" PVC, ASTM S3034 SDR26 Sewer Pipe, 14'-16' Cut 50 LF $ 180.00 $ 9,000.00 $ 160.00 $ 8,000.00 $ 150.00 $ 7,500.00 18 15" PVC, ASTM D3034 SDR26 Sewer Pipe, 16'-18' Cut 260 LF $ 200.00 $ 52,000.00 $ 165.00 $ 42,900.00 $ 150.00 $ 39,000.00 19 15" PVC, ASTM D3034 SDR26 Sewer Pipe, 18'-20' Cut 400 LF $ 300.00 $ 120,000.00 $ 180.00 $ 72,000.00 $ 155.00 $ 62,000.00 20 15" PVC, ASTM D3034 SDR26 Sewer Pipe, 20'-22' Cut 990 LF $ 325.00 $ 321,750.00 $ 195.00 $ 193,050.00 $ 170.00 $ 168,300.00 21 14" PVC, C900 DR25 Sewer Pipe in Bore or Casing 630 LF $ 140.00 $ 88,200.00 $ 340.00 $ 214,200.00 $ 1,500.00 $ 945,000.00 22 18" Steel Casing Pipe (WT 0.250") thru Bore 150 LF $ 110.00 $ 16,500.00 $ 150.00 $ 22,500.00 $ 200.00 $ 30,000.00 23 24" Steel Casing Pipe (WT 0.344") thru Bore 120 LF $ 150.00 $ 18,000.00 $ 190.00 $ 22,800.00 $ 200.00 $ 24,000.00 24 30" Steel Casing Pipe (WT 0.500") thru Bore 230 LF $ 250.00 $ 57,500.00 $ 240.00 $ 55,200.00 $ 200.00 $ 46,000.00 25 Bore for 18" Steel Casing Pipe, WT 0.250" 150 LF $ 250.00 $ 37,500.00 $ 470.00 $ 70,500.00 $ 1,500.00 $ 225,000.00 26 Bore for 24" Steel Casing Pipe, WT 0.344" 120 LF $ 320.00 $ 38,400.00 $ 650.00 $ 78,000.00 $ 1,800.00 $ 216,000.00 27 Bore for 30" Steel Casing Pipe, WT 0.375" 230 LF $ 425.00 $ 97,750.00 $ 850.00 $ 195,500.00 $ 730.00 $ 167,900.00 28 Utility Marker 8 EA $ 100.00 $ 800.00 $ 200.00 $ 1,600.00 $ 200.00 $ 1,600.00 29 Trench Safety 2,510 LF $ 5.00 $ 12,550.00 $ 5.00 $ 12,550.00 $ 1.00 $ 2,510.00 30 Traffic Controls 1 LS $ 7,500.00 $ 7,500.00 $ 5,000.00 $ 5,000.00 $ 11,000.00 $ 11,000.00 31 Erosion Controls 1 LS $ 5,000.00 $ 5,000.00 $ 3,300.00 $ 3,300.00 $ 1,200.00 $ 1,200.00 TOTAL BASE BID TOTAL $ 1,479,580.00 TOTAL $ 1,525,000.00 TOTAL $ 2,912,293.61 TOTAL DAYS TO COMPLETE BASE BID DAYS 200 DAYS 210 DAYS 220 AGENDA ITEM 13 AGENDA To: Joe Price, City Manager From: Dan Reese, Public Works Director Beau Boyer, Budget and Purchasing Manager Date: September 18, 2023 Re: Consider and Take Appropriate Action on Bids Received for the 12” Water Main Relocation at Hunsley Road and FM 2590. This is an unplanned project that came up as a result of the TxDOT, FM 2590 intersection rehab and traffic signal project. Along with the addition of the traffic signals, TxDOT added some storm sewer piping at the intersection that conflicted vertically, with the existing 12” water line crossing that serves the Aztec subdivision. In other words, this is a project in which we had no choice but to install. We received five bids, which were opened on August 24, having the same bidders as for the force main project to the farm. As you can see in the attached tabulation sheet, the bids ranged from just under $ 124,000 to a little over $ 233,000. The low bid for this project was submitted by Scott Wampler Construction in the amount of $ 123,750.00. A contract completion time of 60 days was also bid. Due to the unplanned nature of the project and TxDOT’s accelerated schedule, we had to go straight to design and did not have a cost estimate to compare the bids to. It’s simply one of those projects that has to be done. Unfortunately, without the time to plan or budget for the project, funding will probably have to come from our fund balance. The bid tabulation sheet and award recommendation from the Engineer is also attached. Staff recommends that the bid for the 12” water line relocation at FM 2590 and Hunsley Road, be awarded to Scott Wampler Construction, in the amount of $ 123,750.00. RECOMMENDED MOTION I move to award the bid for the 12” Water Main Relocation at FM 2590 and Hunsley Road to Scott Wampler Construction in the amount of $ 123,750.00. City of Canyon BID TABULATION SHEET Project Description: Water Distribution System Extension 12" Water Line Relocations Intersection of FM 2590 and Hunsley Road Canyon, Texas HPCE Project No. 82769 Thursday, August 24, 2023 2:30 PM Item BASE BID Est. Scott Wampler Construction Turkey Creek HDD Amarillo Utility Contractors MH Civil Constructors, Inc. LA Fuller No. Items Description Quantity Unit Unit Price Ext. Amount Unit Price Ext. Amount Unit Price Ext. Amount Unit Price Ext. Amount Unit Price Ext. Amount 1 Mobilization 1 LS $ 5,000.00 $ 5,000.00 $ 10,000.00 $ 10,000.00 $ 7,000.00 $ 7,000.00 $ 9,100.00 $ 9,100.00 $ 26,165.00 $ 26,165.00 2 Furnish and Install 12" PVC, C900 Water Pipe 30 LF $ 95.00 $ 2,850.00 $ 120.00 $ 3,600.00 $ 180.00 $ 5,400.00 $ 800.00 $ 24,000.00 $ 727.10 $ 21,813.00 Furnish and Install 12" PVC, AWWA C900 DR18 Certa- 3 150 LF $ 125.00 $ 18,750.00 $ 147.00 $ 22,050.00 $ 195.00 $ 29,250.00 $ 135.00 $ 20,250.00 $ 221.70 $ 33,255.00 lok 4 Furnish and Install 12 GV&B 2 EA $ 6,500.00 $ 13,000.00 $ 6,800.00 $ 13,600.00 $ 6,700.00 $ 13,400.00 $ 12,500.00 $ 25,000.00 $ 8,845.30 $ 17,690.60 5 Furnish and Install 12" Hydra-Stop 1 EA $ 13,500.00 $ 13,500.00 $ 12,246.00 $ 12,246.00 $ 10,500.00 $ 10,500.00 $ 18,000.00 $ 18,000.00 $ 35,454.80 $ 35,454.80 6 Furnish and Install Ductile Iron Fittings 750 LBS $ 18.00 $ 13,500.00 $ 25.00 $ 18,750.00 $ 23.00 $ 17,250.00 $ 11.00 $ 8,250.00 $ 23.70 $ 17,775.00 7 Furnish and Install 18" Steel Casing Pipe (WT 0.250") 120 LF $ 150.00 $ 18,000.00 $ 164.58 $ 19,749.60 $ 100.00 $ 12,000.00 $ 150.00 $ 18,000.00 $ 256.20 $ 30,744.00 8 Bore for 18" Casing Pipe 120 LF $ 290.00 $ 34,800.00 $ 320.00 $ 38,400.00 $ 350.00 $ 42,000.00 $ 300.00 $ 36,000.00 $ 238.10 $ 28,572.00 9 Furnish and Install Utility Marker 2 EA $ 100.00 $ 200.00 $ 100.00 $ 200.00 $ 120.00 $ 240.00 $ 200.00 $ 400.00 $ 1,363.10 $ 2,726.20 10 Furnish and Install Trench Safety 30 LF $ 5.00 $ 150.00 $ 2.00 $ 60.00 $ 6.00 $ 180.00 $ 100.00 $ 3,000.00 $ 8.90 $ 267.00 11 Furnish and Install Traffic Controls 1 LS $ 2,500.00 $ 2,500.00 $ 2,000.00 $ 2,000.00 $ 9,000.00 $ 9,000.00 $ 2,500.00 $ 2,500.00 $ 6,905.80 $ 6,905.80 12 Furnish and Install Erosion Controls 1 LS $ 1,500.00 $ 1,500.00 $ 1,500.00 $ 1,500.00 $ 1,000.00 $ 1,000.00 $ 500.00 $ 500.00 $ 12,076.30 $ 12,076.30 TOTAL BASE BID TOTAL $ 123,750.00 TOTAL $ 142,155.60 TOTAL $ 147,220.00 TOTAL $ 165,000.00 TOTAL $ 233,444.70 TOTAL DAYS TO COMPLETE BASE BID DAYS 60 DAYS 15 DAYS 120 DAYS 60 DAYS 60 AGENDA ITEM 14 AGENDA To: Joe Price, City Manager From: Steven Brush, Chief of Police Date: September 9, 2023 Re: Consider and Take Appropriate Action on authorization to commit to purchase one police vehicle as budgeted for FY 2024. For various reasons beyond the control of the city, vehicle purchases have been problematic for the past three years. This problem is compounded with the influx of orders to the government vehicle dealerships and up-fitting companies after the beginning of most government fiscal years. The police department budgeted and was approved for a Ford F150 Responder Police pickup. The pickup will be equipped with all of the required police package equipment at Dana Fleet Safety. The total amount budgeted and approved for the vehicle and the up-fitting is $70,394.00 to be paid out through the city’s self-funded lease program. The department has also budgeted and been approved for a police radio for this vehicle. The budgeted amount for the radio is $11,644.00. The Police Department is requesting permission to commit to the purchase of the police vehicle and police radio by ordering both items prior to the beginning of the 2024 Fiscal Year. RECOMMENDED MOTION “I make a motion to allow/not allow the Police Department to commit to the purchase of one police vehicle and one police radio”. City of Canyon AGENDA ITEM 15 AGENDA To: Joe Price, City Manager From: Megan Nelson, Director of Communication and Community Engagement Date: September 18, 2023 Re: Presentation of the City of Canyon’s Strategic Communications Plan. As part of the 2021 Strategic Plan, the Communications and Community Engagement (CCE) department has developed the 2023 Strategic Communications Plan. This plan was developed in collaboration with city staff during Megan Nelson’s certification through the Certified Public Communicator (CPC) program at Texas Christian University. The Strategic Communications Plan spans over four fiscal years, from FY2023-2024 to FY2026-2027. The plan covers internal, external, and crisis communications. The CCE Director will consistently update this plan as media and technology continue to change. The document link below is a PDF version of the plan, which is also available on the City’s website. Strategic Communications Plan (PDF version): https://www.canyontx.gov/DocumentCenter/View/5401/2023-Strategic-Communications- Plan Presentation Slides: https://www.canyontx.gov/DocumentCenter/View/5402/PRESENTATION-strategic- communications-plan This item is presented as information only. No Commission action is required. City of Canyon AGENDA ITEM 16 AGENDA To: Mayor and City Commission From: Joe Price, City Manager Date: September 18, 2023 Re: Consider and Take Appropriate Action on Resolution No. 35-2023, A Resolution of the City Commission of the City of Canyon, Texas in Order to Make Nominations to the Board of Directors of Randall County Appraisal District. As a taxing entity in Randall County, you have the opportunity to nominate and vote on members of the Potter Randall Appraisal District Board of Directors. The information is attached to this memo. Staff is seeking nominations to submit by Resolution to the PRPC. RECOMMENDED MOTION I move to adopt/deny Resolution No. 35-2023 nominating (list names the Commission wishes to nominate) to serve on the Randall County Appraisal District Board. City of Canyon RESOLUTION NO. 35-2023 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS IN ORDER TO MAKE NOMINATIONS TO THE BOARD OF DIRECTORS OF RANDALL COUNTY APPRAISAL DISTRICT. WHEREAS, Section 6.03(c) of the Texas Property Tax Code requires the election of the board of directors of an appraisal district by vote of the governing bodies of the taxing entities entitled by the Code to vote; and WHEREAS, the City of Canyon is entitled to submit nominees by resolution to the Chief Appraiser for members to serve two-year terms beginning on January 1, 2024; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CANYON: SECTION 1. That the nominee(s) for the ballot for the Randall County Appraisal District Board of Directors are: 1) 2) INTRODUCED AND PASSED by the City Commission of The City of Canyon, this 18th day of September, 2023. ________________________________ Gary Hinders, Mayor ATTEST: _______________________________ Gretchen Mercer, City Clerk October 2023 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 Commission meeting - 4:30 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Commission meeting - 4:30 22 23 24 25 26 27 28 29 30 31 1 2 3 4 5 6 Notes November 2023 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 29 30 31 1 2 3 4 5 6 7 8 9 10 11 Commission meeting - 4:30 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Commission meeting - 4:30 26 27 28 29 30 1 2 3 4 Notes City Hall will be closed Friday November 11 in observance of Veterans Day and November 23 and 24 in observance of the Thanksgiving Holidays. December 2023 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 26 27 28 29 30 1 2 3 4 5 6 7 8 9 Commission meeting - 4:30 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Commission meeting - 4:30 24 25 26 27 28 29 30 31 1 Notes Meeting dates could change with holidays, City Hall will be closed December 25 and December 26 in observance of Christmas.

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