City of Canyon Commission Meetings

AGENDA NOTICE OF MEETING Notice is hereby given that the governing body of the City of Canyon will meet at 4:30 p.m. on Monday, the 16th day of October 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 October 2, 2023. 5. Public Comment – Comments from Interested Citizens. 6. Consider and Take Appropriate Action on Ordinance No. 1186, An Ordinance of the City of Canyon, Texas, Adopting a Procedure for Disannexation of Property on Petition of Landowner Without Qualified Voter in the City of Canyon and Providing for Severability and an Effective Date. 7. Consider and Take Appropriate Action on Ordinance No. 1187, An Ordinance of the City Commission of the City of Canyon, Texas, Amending the Code of Ordinances by Amending Chapter 9, “Planning and Development Regulations,” to Add Article 9.04, “Extraterritorial Jurisdiction,” to Provide a Process for Petitions for Release from the City’s Extraterritorial Jurisdiction; Amending Appendix A, “Fee Schedule,” Article A1.010, “Planning and Development,” to Add a Fee to Process a Petition for Release of Extraterritorial Jurisdiction; Providing a Penalty Clause; Providing a Savings Clause; Providing That This Ordinance is Cumulative of All Ordinances; Providing a Severability Clause; Providing for Publication; and Providing for an Effective Date. 8. Consider and Take Appropriate Action on Purchase of Fire Department SCBA and Related Equipment from Casco Industries Inc. 9. Executive Session Pursuant to §551.071 Consultation with Attorney, §551.074 Personnel Matters (City Manager Annual Evaluation) and §551.072 Deliberations on Real Property. 10. Consider and Take Appropriate Action on Items Discussed in Executive Session. 11. Adjourn. Joe Price Joe Price, City Manager I certify that the above Notice of Meeting was posted on the bulletin board of the Civic Complex of the City of Canyon, Texas on the 13th day of October 2023. Gretchen Mercer, City Clerk City of Canyon City Commission Meeting October 2, 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, Robyn Cranmer, Paul Lyons and Danny Potter. Mayor Pro-Tem Cody Jones was unable to attend. 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, Planning and Development Director Lucas Raley, HR Director Hector Mendoza, Communications Director Megan Nelson, Economic Development Director Stephanie Tucker, Finance Director Joel Wright, Purchasing Manager Beau Boyer, Chief of Police Steven Brush, Fire Chief Dennis Gwyn, Director of Golf Casey Renner, Golf Superintendent John Haun, Parks Director Brian Noel, 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 Potter 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 September 18, 2023. Commissioner Cranmer moved, duly seconded by Commissioner Potter to approve the minutes of September 18, 2023 as presented. Motion carried unanimously. Item 5. Public Comment – Comments from Interested Citizens. Lynn Whitten of 601 Butterfield, Canyon, Texas – Mr. Whitten stated he had spoken with Randall County and they were ready to get the Brown Road Railroad Crossing open, but told him the City of Canyon wanted to do a study. Mr. Whitten stated the road has been closed for 14 months and nothing is being made safer, just prolonging the process. Mayor Hinders asked that City Manager Joe Price reach out to Mr. Whitten to discuss the situation. Item 6. Presentation of Proclamation Declaring October 2023 as National Chiropractic Health Month. Mayor Hinders presented a Proclamation declaring the month of October 2023 as National Chiropractic Health Month. Item 7. Update on Palo Duro Creek Golf Course Irrigation Project Including Discussion on Items 8 and 9 Regarding the Publication of the Notice of Intent for the Issuance of CO’s and Acceptance of Bids. City Commission Meeting October 2, 2023 Page 2 of 5 Assistant City Manager Jon Behrens presented information regarding the issuance of Certificates of Obligation and the acceptance of Bid’s for the irrigation project. Mr. Behrens stated the actions taken tonight could move the City closer to attaining the goal of a new irrigation system for Palo Duro Creek Golf Course. Mr. Behrens gave an overview of the process of issuing CO’s and how the green fees for the golf course were gradually increased over the past two years with the dedicated green fee increasing to $10 per round in January 2024. Mr. Behrens said the dedicated green fee will be used to fund the new irrigation system. Mr. Behrens provided a timeline of project events for the replacement of the irrigation system that included estimated expenses. No action required, informational only. Item 8. Consider and Take Appropriate Action on Resolution No. 36-2023, A Resolution of the City of Canyon, City Commission Considering all Matters Incident and Related to Approving and Authorizing Publication and Posting of Notice of Intention to Issue Certificates of Obligation. Director of Finance Joel Wright presented Resolution No. 36-2023 for consideration. Mr. Wright stated adoption of Resolution No. 36-2023 would begin the process of the issuance of Certificates of Obligation with the required publication of the notice of the City of Canyon’s intent to issue certificates of obligations. Mr. Wright said CO’s would be used to fund the project cost of the irrigation system replacement and improvement project and would not exceed $4,500,000. Mr. Wright stated the Ordinance to issue the certificates would be presented to the Commission December 4, 2023. After discussion, Commissioner Lyons moved, duly seconded by Commissioner Cranmer to adopt Resolution No. 36-2023 as presented. Motion carried unanimously. RESOLUTION NO. 36-2023 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS APPROVING AND AUTHORIZING PUBLICATION AND POSTING OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION Item 9. Consider and Take Appropriate Action on Bids Received for the Construction of the Palo Duro Creek Golf Course Irrigation System. Purchasing Manager Beau Boyer presented bids received and opened September 11, 2023. Mr. Boyer said the City of Canyon has worked with both vendors in the past and relied heavily on Bowlin Consulting to provide an opinion to their qualifications and experience. Mr. Boyer said that bid prices are good for 90 days but with construction not starting for a year, there could be increases. Mr. Boyer stated two (2) bids were received. Mid-America Golf and Landscape, Inc. United Golf, LLC Toro & Pump Station $3,869,131 $3,227,506 City Commission Meeting October 2, 2023 Page 3 of 5 Rain Bird & Pump Station $3,869,131 $3,276,505 Mr. Boyer said it was staff’s recommendation to award the bid to United Golf, LLC. After discussion, Commissioner Cranmer moved, duly seconded by Commissioner Potter to award the bid for the construction of the Palo Duro Creek Golf Course Irrigation System to United Golf, LLC and authorize staff to negotiate a contract. Motion carried unanimously. Item 10. Consider and Take Appropriate Action on the Purchase of Golf Course Maintenance Equipment from John Deere. Purchasing Manager Beau Boyer presented information for the lease of equipment for Palo Duro Creek Golf Course from John Deere. Mr. Boyer said new maintenance equipment would ensure the best experience for golfers and avoid costly maintenance of aging equipment. Mr. Boyer stated this was a lease to own with a purchase cost of $500,877.60; a trade-in value of $58,000.00 for a total purchase/lease cost of $442,877.60. Mr. Boyer stated it was planned to finance through John Deere Financial, but nothing would be signed until the equipment is delivered. • 2 John Deere 2700 E-Cut Hybrid Grass Greens Mowers – 14 blade cutting units • 2 John Deere 2700 E-Cut Hybrid Grass Greens Mowers – 11 blade cutting units • 1 John Deere 8800A TerrainCut Rough Mower • 2 John Deere 9009A TerrainCut Rough Mowers Mr. Boyer went over the lease details. After discussion, Commissioner Cranmer moved, duly seconded by Commissioner Potter to authorize City staff to purchase golf course maintenance equipment from John Deere in the amount of $442,877.60. Motion carried unanimously. Item 11. Consider and Take Appropriate Action the Purchase of Golf Course Maintenance Equipment from Professional Turf Products, L.P. Purchasing Manager Beau Boyer presented information for the lease to own equipment for Palo Duro Creek Golf Course with a purchase cost of $81,705.00. Mr. Boyer said the equipment would be financed through Huntington National Bank with the lease being signed upon delivery. Mr. Boyer stated this is additional maintenance equipment to provide best services for golfers and Palo Duro Creek Golf Course and included: • 1 Foley 633 Accu-Pro SC with Boom & Hoist • 1 Foley 673 Accu-Pro AC Mr. Boyer went over the lease details. After discussion, Commissioner Potter moved, duly seconded by Commissioner Cranmer to authorize City staff to purchase golf course maintenance equipment from Professional Turf Products in the amount of $81,705.00. Motion carried unanimously. City Commission Meeting October 2, 2023 Page 4 of 5 Item 12. Consider and Take Appropriate Action on the Purchase of Golf Course Maintenance Equipment from James Bros. Implement Company, Inc. Purchasing Manager Beau Boyer presented information for the purchase of 3 Kubota TRV-X900WL- H Utility Vehicles for Palo Duro Creek Golf Course from James Bros. Implement Company, Inc. for $53,925.69. Mr. Boyer stated equipment would be internally financed using the Capital Equipment Fund and gave a brief overview of the details. Mr. Boyer said this was more equipment needed for proper maintenance of Palo Duro Creek Golf Course. After discussion, Commissioner Cranmer moved, duly seconded by Commissioner Potter to authorize City staff to purchase golf course maintenance equipment from James Bros. Implement Company in the amount of $53,925.69. Motion carried unanimously. Item 13. Consider and Take Appropriate Action on a Right-of-Way Abandonment Application for N 7th Street Between 1st Ave. and N 2nd Ave. Director of Planning and Development Lucas Raley presented a request to abandon the right-of-way for a section of property currently platted as North 7th Street between 1st Ave. and N 2nd Ave as submitted by Jed Welch and Jimmy Ashford. Mr. Raley stated the section of the street was never constructed by the City of Canyon and remains vacant. Mr. Welch approached the City with an offer to purchase the land and proposes to develop more commercial type shop facilities as currently built around the area. Mr. Raley stated the current zoning for the area is I-1 (Industrial) and the Development Review Team has considered and are in support of vacating the right-of-way and of the proposed project that will allow the land to be added to the tax role. Mr. Raley reported Mr. Welch reached out to all neighboring landowners and received signatures from 3 of the 4 adjacent owners and obtained a certified appraisal report that determined the market value of the property is $7,500. After discussion, Commissioner Cranmer moved, duly seconded by Commissioner Lyons to approve the Right-of-Way abandonment application for N 7th Street between 1st Ave. and N 2nd Ave as requested. Motion carried unanimously. Item 14. Executive Session Pursuant to §551.071 Consultation with Attorney, §551.072 Deliberations about Real Property and §551.074 Personnel Matters (City Manager Annual Evaluation). Mayor Hinders indicated the City Commission would adjourn into Executive Session at 5:19 pm. Item 15. Consider and Take Appropriate Action on Items Discussed in Executive Session. Upon Returning from Executive Session at 6:24 pm, no action was taken. Item 16. Adjourn. There being no further business, Mayor Hinders moved this meeting be adjourned at 6:24 pm. City Commission Meeting October 2, 2023 Page 5 of 5 ______________________________ Gary Hinders, Mayor ATTEST: ________________________________ Gretchen Mercer, City Secretary AGENDA ITEM 6 AGENDA To: Joe Price, City Manager From: Chuck Hester, City Attorney & Lucas Raley, Director of Planning and Development Date: October 16, 2023 Re: Consider and Take Appropriate Action on Ordinance No. 1186, an Ordinance of the City of Canyon, Texas, Adopting a Procedure for Disannexation of Property on Petition of Landowner Without Qualified Voter in the City of Canyon and Providing for Severability and an Effective Date. The City of Canyon has received a petition for disannexation from the corporate limits of Canyon, TX. City Staff believes this petition is the first of its kind. State local government code provides a method for disannexation of an area upon the petition of qualified voters in an area, but does not specify a procedure for disannexation where there are no qualified voters. However, it does provide for a home rule municipality to prescribe a procedure for disannexation pursuant to authorization contained in the charter. Given that the City of Canyon Charter authorizes the City Commission to establish and fix the boundaries of and corporate limits of the City of Canyon pursuant to §2.01, §2.002 and §3.01. The ordinance establishes a procedure consistent with State Law to consider and vote upon disannexation requests by Landowners in areas where there are no qualified voters. This procedure will City Staff and the Commission the ability to accommodate any future requests of this type. RECOMMENDED MOTION “I move to adopt/reject Ordinance No. 1186” City of Canyon  ORDINANCE NO. 1186 AN ORDINANCE OF THE CITY OF CANYON, TEXAS, ADOPTING A PROCEDURE FOR DISANNEXATION OF PROPERTY ON PETITION OF LANDOWNER WITHOUT QUALIFIED VOTER IN THE CITY OF CANYON AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Canyon finds that from time to time, certain property annexed to the City cannot be provided with municipal services such as connection to the public water supply and public wastewater system due to cost factors beyond the control of the City and Landowner; and, WHEREAS, the TEXAS LOCAL GOVERNMENT CODE provides a method for disannexation of an area upon the petition of qualified voters in the annexed area in Subchapter G of Chapter 43, but does not specify a procedure for disannexation of an area where there are no qualified voters residing in the area to be disannexed; however, it does provide for a home rule municipality to prescribe a procedure for disannexation pursuant to authorization contained in the charter; and, WHEREAS, the home rule charter of the City of Canyon authorizes the City Commission to establish and fix the boundaries and corporate limits of the City of Canyon pursuant to §2.01, §2.002 and §3.01; and, WHEREAS, the City Commission finds that it is necessary to establish a procedure consistent with State law to consider and vote upon disannexation requests by Landowners in areas where there are no qualified voters; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CANYON that the following rules be adopted to govern disannexation procedures: SECTION 1: A. A petition for disannexation must be written and verified by the Landowner if a single owner or a majority if there are multiple owners; B. A petition must request disannexation of a defined area with a legal description and plat map prepared by an engineer or licensed surveyor; C. A petition must set forth the address of the Petitioner and verify current ownership by reference to a vesting deed; D. A petition must be submitted to the Planning and Development Department of the City for review; E. The Director of Planning and Development or designee will review the petition to verify compliance with this ordinance and that after such requirements are met, if the Director finds the petition to be in compliance, the Director will then PAGE 1 OF 3  forward the petition to the City Manager for inclusion in the City Commission agenda for the next regular meeting. F. In the event the Director finds that there are qualified voters residing within the area to be disannexed, the Director shall reject the petition and the Petitioner shall thereafter proceed in accordance with §43.141 TEXAS LOCAL GOVERNMENT CODE if the Petitioner elects to continue the disannexation procedure. SECTION 2: In the event there is a single Landowner acting as Petitioner for disannexation, there is no requirement for publication other than as required by the Texas Open Meetings Act for all agenda items and no requirement for public hearing. If there are multiple Landowners and a majority sign the petition, there must be a public hearing held in advance of official action by the City Commission notice of which shall be published at least 10 days in advance of the public hearing in a newspaper of general circulation in the city. The public hearing and official action may be at the same open meeting in accordance with a properly posted agenda item. SECTION 3: That it is hereby officially found and determined that the meeting at which this Ordinance is passed was properly noticed and open to the public as required by law. SECTION 4: Severability. If any provision, section, subsection, clause, or the application of same to any person or set of circumstances for any reason is held to be unconstitutional, void or invalid or for any reason unenforceable, the validity of the remaining portions of this ordinance or the application thereby shall remain in effect, it being the intent of the City Commission of the City of Canyon, Texas in adopting this ordinance, that no portion thereof or provision continued herein shall become inoperative or fail by any reasons of the unconstitutionality of any other portion or provision. SECTION 5: Repealer. All ordinances, parts of ordinances, resolutions, and parts of resolutions in conflict with this ordinance are hereby repealed to the extent of conflict with this ordinance. SECTION 6: This ordinance shall become effective upon adoption as required by law. [SIGNATURES NEXT PAGE] PAGE 2 OF 3 Introduced and adopted in accordance with the Canyon Home Rule Charter Section 5.13 by the City Commission of the City of Canyon, Texas with a quorum of such Commission duly and lawfully assembled, in accordance with the Texas Open Meetings Act, on the 16th of October, 2023. CITY OF CANYON, TEXAS GARY HINDERS, Mayor ATTEST: APPROVED: Gretchen Mercer, City Secretary CHUCK HESTER, City Attorney PAGE 3 OF 3 AGENDA ITEM 7 AGENDA To: Joe Price, City Manager From: Chuck Hester, City Attorney & Lucas Raley, Director of Planning and Development Date: October 16, 2023 Re: Consider and Take Appropriate Action on Ordinance No. 1187, an Ordinance of the City Commission of the City of Canyon, Texas, Amending the Code of Ordinances by Amending Chapter 9, “Planning and Development Regulations,” to Add Article 9.04, “Extraterritorial Jurisdiction,” to Provide a Process for Petitions for Release from the City’s Extraterritorial Jurisdiction; Amending Appendix A, “Fee Schedule,” Article A1.010, “Planning and Development,” to Add a Fee to Process a Petition for Release of Extraterritorial Jurisdiction; Providing a Penalty Clause; Providing a Savings Clause; Providing That This Ordinance is Cumulative of All Ordinances; Providing a Severability Clause; Providing for Publication; and Providing for an Effective Date. The City of Canyon has received a petition for release from the Extraterritorial Jurisdiction (ETJ) of Canyon, TX. With the passage of S.B. 2038, which provides for means and methodology for release from the City’s ETJ, we expect this to be the first of many such petitions. State local government code provides a method for release of an area upon the petition for release by a resident or landowner. The bill also provides a timeline for approving the release of property from the ETJ after the petition is filed with the City. This ordinance proposes procedures for establishing a consistent review to determine the date a petition is filed. Review requires time and effort from City Staff to: • Review the petition for completeness (completeness check) o Verify ownership, signatures authorization, accuracy of maps/property description • Prepare documents for City Commission Agenda • Update maps to ensure accurate recordation of ETJ boundary This ordinance proposes a fee of $500 for processing a petition for release from ETJ. The proposed procedures will provide City Staff and Commission the ability to accommodate all future requests of this type without delay, recouping the costs associated. RECOMMENDED MOTION “I move to adopt/reject Ordinance No. 1187” City of Canyon  ORDINANCE NO. 1187 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 9, “PLANNING AND DEVELOPMENT REGULATIONS,” TO ADD ARTICLE 9.04, “EXTRATERRITORIAL JURISDICTION,” TO PROVIDE A PROCESS FOR PETITIONS FOR RELEASE FROM THE CITY’S EXTRATERRITORIAL JURISDICTION; AMENDING APPENDIX A, “FEE SCHEDULE,” ARTICLE A1.010, “PLANNING AND DEVELOPMENT,” TO ADD A FEE TO PROCESS A PETITION FOR RELEASE OF EXTRATERRITORIAL JURISDICTION; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Canyon, Texas is a Home Rule municipality located in Randall County, created in accordance with the provisions of Chapter 9 of the Local Government Code and operating pursuant to the enabling legislation of the State of Texas; and WHEREAS, the City has previously established and promulgated the City of Canyon’s Fee Schedule to provide for various fees to include, without limitation: Animal Control; Canyon Area Library; Canyon Aqua Park; Cole Community Center; Fire Department; Municipal Court; Park and Recreation; Golf Course; Fire Department; Planning and Development; Police Department; Utilities; Vital Statistics; Paving cuts; Nuisance Abatement; Telecom and Right-of-way fees. WHEREAS, the City Commission finds it necessary from time to time to review and amend the Fee Schedule to ensure that it is consistent with and reflective of new legislation and the costs incurred by the City in connection with the provision of various services; and WHEREAS, the Texas legislature passed Senate Bill 2038, which allows residents or landowner’s of a municipality’s extraterritorial jurisdiction to petition for release from the municipality’s extraterritorial jurisdiction; and WHEREAS, Senate Bill 2038 provides a timeline for approving the release of property from the extraterritorial jurisdiction after a petition is filed with the municipality; and WHEREAS, the City Commission deems it appropriate to provide procedures for establishing when a petition is considered filed; and WHEREAS, a petition requesting release must comply with the petition requirements of Chapter 277 of the Texas Election Code; and WHEREAS, Senate Bill 2038 requires the City Secretary, or designee, to verify the petition signatures; and WHEREAS, City Commission finds it necessary to establish a procedure for the City Secretary to verify the signature of corporate owners; and WHEREAS, the City Commission desires to amend the fee schedule to require an appropriate fee for processing extraterritorial release requests, including updating municipal maps; and WHEREAS, the fee is not intended and shall not pay for the costs of holding an election on the question of whether to release an area from the municipality’s extraterritorial jurisdiction if a petition for election is received by the City; WHEREAS, the City Commission finds that the amendments as outlined herein are in the best interest of the health, safety, and general welfare of the citizens of the City and the general public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS THAT: SECTION 1: All the above premises are true and correct legislative and factual findings of the City Commission, and they are hereby approved, ratified, and incorporated into the body of this ordinance as if copied in their entirety. SECTION 2: Chapter 9, “Planning and Development Regulations,” of the Code of Ordinances, City of Canyon is hereby amended to add Article 9.04, “Extraterritorial Jurisdiction,” to read as follows: “ARTICLE 9.04 EXTRATERRITORIAL JURISDICTION § 9.04.001 Petitions for release. (a) A petition for release or a petition to hold an election for release from the City’s extraterritorial jurisdiction may be filed by a resident or land owner within the extraterritorial jurisdiction, as provided by Chapter 42 of the Texas Local Government Code, as amended. (b) A petition either for release or requesting an election is considered filed when it meets the following requirements: (1) The petition must comply with the signature requirements of Chapter 42 of the Texas Local Government Code, as amended, and Chapter 277 of the Texas Election Code, as amended; (2) The petition must include a map and GIS shapefile of the area of land to be released and describe the boundaries of the land by either: i. Metes and bounds, or ii. Lot and block number, if there is a recorded map or plat; and (3) To permit the City Secretary to verify the petition, the petition of a corporate owner must be accompanied by the following: i. Date of birth of the signor; ii. Personal residence address of the signor;Business entity’s Certificate of Good Standing from the Texas Secretary of State; iii. Business entity’s Articles of incorporation, certificate of formation, partnership agreement, or other corporate formation document;  iv. Business entity’s Bylaws; and iv. Resolution of the business entity authorizing the petition for release be executed and filed by the entity representative. (4) The petition must be accompanied by a fee as shown in the City’s fee schedule. (c) Upon receipt of a petition, the City must verify the petition. (1) The City shall notify the resident and landowners of the area described by the petition of its results. This may be satisfied by notifying the party who filed the petition. (d) If the petition for release contains the requisite number of signatures, the City shall release the area from its extraterritorial jurisdiction by the later of the 45th day after the date the petition was filed or the next meeting of the City Commission that occurs after the 30th date after the petition was filed. (e) If the resident or landowner submits a verified petition to hold an election for release, the City may either: (1) Voluntarily release the area for which the election is to be held from the City’s extraterritorial jurisdiction before the date on which the election would have been held; or (2) Order an election for release, which must comply with Texas Election Code and Chapter 42 of the Local Government Code, as amended. (f) This section does not apply to the following properties in the extraterritorial jurisdiction: (1) In an area designated as an Industrial District under Section 42.044 of the Texas Local Government Code, as amended; (2) In an area subject to a strategic partnership agreement with the City; or (3) Any other exceptions to release of an area by petition of a landowner or resident as described by Chapter 42 of the Local Government Code.” SECTION 3: Appendix “A,” “Fee Schedule,” Article A1.010, “PLANNING AND DEVELOPMENT,” of the Code of Ordinances, City of Canyon is hereby amended to read as follows: “§ A1.010 Planning and Development. ETJ Release fee. *** Petition for Release from Extraterritorial Jurisdiction: $500 *** SECTION 4: Any person, firm or corporation violating any of the provisions of this Ordinance shall be punished in accordance to Section 1.01.009 of the City of Canyon Code of Ordinances, and no penalty shall be greater or less than the penalty provided for the same or a similar offense under the laws of the state.  SECTION 5: All rights and remedies of the City of Canyon are expressly saved as to any and all violations of the provisions of the Code of Ordinances, City of Canyon that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance, but may be prosecuted until final disposition by the courts. SECTION 6: This Ordinance shall be cumulative of all provisions of Ordinances of the City of Canyon, Texas except where the provisions of this Ordinance are in direct conflict with the provisions of such Ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 7: It is hereby declared to be the intention of the City Commission that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by the City Commission without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 8: The City Secretary of the City of Canyon is hereby directed to publish the caption, penalty clause, publication clause, and effective date clause of this Ordinance. SECTION 9: This Ordinance shall be in full force and effect after its passage and publication. PASSED AND APPROVED by the City Commission of the City of Canyon, Texas, this 16th day of October 2023. City of Canyon, Texas Gary Hinders, Mayor Attest: Gretchen Mercer, City Secretary AGENDA ITEM 8 AGENDA To: Joe Price, City Manager From: Beau Boyer, Budget and Purchasing Manager & Dennis Gwyn, Fire Chief Date: October 16, 2023 Re: Consider and Take Appropriate Action on the Purchase of Fire Department SCBA and Related Equipment from Casco Industries Inc. The useful life of a Self-Contained Breathing Apparatus (SCBA) is estimated to be about 15 years. The current SCBA units in use within the City’s Fire Department are 20 years old, and the time has come to replace them. These units need to be replaced all at once, rather than gradually over time, in order to reduce training and the risk of hesitation that could result when two types of SCBA units are in use. A key element in selecting proper SCBA equipment, beyond safety and functionality, is interoperability with mutual aid partners. For example: if the City’s and Randall County’s fire departments are responding to the same call and a piece of SCBA equipment is damaged and malfunctions, the firefighter’s risk is reduced if the equipment used by both departments is compatible (operate at the same level of air pressure) and if both departments are familiar with the operation of the equipment. For this reason, in addition to comfort and user-friendly features, the MSA G1 is the equipment selected by the Fire Department. This SCBA equipment used locally used by Randall County, Amarillo, Lake Tanglewood, Bell Helicopter, Pan-Tex, and Borger. Casco Industries Inc is the only authorized distributor of MSA equipment, therefor this purchase is considered a Sole Source purchase. Last fiscal year the City applied for a grant that would cover 90% of the cost of purchasing 30 SCBA units. The receipt of the grant revenue and the purchase of this equipment were budgeted in that year. However, late in the year we received notification the grant was not awarded, and the full purchase is not included in the current fiscal year budget. The total cost of the equipment is $280,870 and there is $106,002 included in the current budget for Fire Fighting Equipment. $174,868 of this purchase would need to be paid from reserves. 2023-24 Budgeted Fire Fighting Equipment $106,002 Casco Industries Inc Purchase ($280,870) Amount to be paid from GF Reserves ($174,868) It is the staff’s recommendation that the Commission authorize staff to purchase SCBA and related equipment from Casco Industries, Inc. in the amount of $280,870. RECOMMENDED MOTION I move to authorize/not authorize the City staff to purchase SCBA and related equipment from Casco Industries, Inc. in the amount of $280,870. City of Canyon 607 W. 62nd Street (318) 865-5107 P.O. Box 8007 HEADQUARTERS: SHREVEPORT, LA 71148-8007 SERVING NORTH TEXAS ACCOUNT: 12480 SHIP TO: SOLD TO: Canyon Fire Department ATTN: Vince Whitfill ATTN: PHONE: PHONE: EMAIL: EMAIL: CREDIT CARD: CUST PO NUMBER SALES REP ID SALES REP # NAME/EXP DATE Quote 186 092523-007 NUMBER/CODE/ZIP TERMS FREIGHT DATE FORM TYPE TRANSACTION ID# 30 ADD 9/25/2023 QUOTE ITEM LOC DESCRIPTION QTY SHIPPED PRICE AMOUNT $ - $ - 1 MSA G1 SCBA--4500psi--Quick Connect Remote Connection, $ - $ - Serviceable Tunnel with Chest Strap, Cylinder Cradle with Metal $ - $ - Band, Adjustable Swiveling Lumbar Pad, Solid Cover Regulator- $ - $ - Left Shoulder, Continuous Regulator Hose, No Emergency $ - $ - Breathing Support, Amplifier Speaker Module to L Chest, $ - $ - Integrated PASS Alarm to Right Shoulder (control module) $ - $ - No telemetry, Rechargeable Battery $ - $ - ATO A-G1FS-444MA2C0LAR 30 $ 6,280.00 $ 188,400.00 3 G1 Cylinder, Remote Connect, 4500 psi, 45min Lo Pro $ - $ - PN 10156424-SP 34 $ 1,092.00 $ 37,128.00 3A G1 Cylinder, Remote Connect, 4500 psi, 45min Lo Pro $ - $ - PN 10156424-SP 30 N/C $ - 4 Facepiece, G1, MD, MD Nosecup, 4 PT Harness w/neckstrap $ - $ - Small, Medium and Large available at same price $ - $ - PN 10161810 30 $ 392.00 $ 11,760.00 5 Spare Rechargeable Battery Pack $ - $ - PN 10148741-sp 6 $ 422.00 $ 2,532.00 6 Rechargeable Battery Charging Station $ - $ - PN 10158385 1 $ 806.00 $ 806.00 $ - $ - 7 Lunar Connected Device (US) $ - $ - PN 10225355 12 $ 2,320.00 $ 27,840.00 8 Lunar Connected Device (US) $ - $ - PN 10225355 2 N/C $ - 9 Lunar Spare Batteries $ - $ - PN 10214756 16 N/C $ - 10 Retractor Assembly, LUNAR $ - $ - PN 10203941 16 $ 79.00 $ 1,264.00 11 Multi-Bay Charger, NNA $ - $ - PN 10214752 1 $ 492.00 $ 492.00 $ - $ - ADDITIONAL COMMENTS BELOW Subtotal $ 270,222.00 Training for personnel in care, maintenance and use of the G1 SCBA at N/C. First Flow test at Tax $ - N/C To receive BOGO pricing and the special pricing on LUNAR orders must be received by "PROVIDING PROTECTION FOR THOSE WHO PROTECT US" Page 1 607 W. 62nd Street (318) 865-5107 P.O. Box 8007 N/C. To receive BOGO pricing and the special pricing on LUNAR, orders must be received by ADD Freight $ 500.00 Oct 27, 2023. TOTAL $ 270,722.00 Quote is good for 30 days. Please review our Return and Payment Policies at www.cascoindustries.com/policies "PROVIDING PROTECTION FOR THOSE WHO PROTECT US" Page 2 607 W. 62nd Street (318) 865-5107 P.O. Box 8007 HEADQUARTERS: SHREVEPORT, LA 71148-8007 SERVING NORTH TEXAS ACCOUNT: 12480 SHIP TO: SOLD TO: Canyon Fire Department ATTN: Vince Whitfill ATTN: PHONE: PHONE: EMAIL: EMAIL: CREDIT CARD: CUST PO NUMBER SALES REP ID SALES REP # NAME/EXP DATE Quote 186 092623-005R NUMBER/CODE/ZIP TERMS FREIGHT DATE FORM TYPE TRANSACTION ID# 30 ADD 9/26/2023 QUOTE ITEM LOC DESCRIPTION QTY SHIPPED PRICE AMOUNT $ - $ - 1 Rescue Aire System Less Cylinder w/ 3' Quick Fill Hose $ - $ - PN 10033277 4 $ 1,614.00 $ 6,456.00 $ - $ - 2 Quick Connect Adapter for Fill Stations $ - $ - PN 10162403 3 $ 520.00 $ 1,560.00 $ - $ - 3 G1 RFID ID Tags $ - $ - PN 10083875 30 $ 46.00 $ 1,380.00 $ - $ - 4 RFID Tag Reader/Writer $ - $ - PN 10158407 1 $ 752.00 $ 752.00 $ - $ - $ - $ - Above prices do not include freight/shipping $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - ADDITIONAL COMMENTS BELOW Subtotal $ 10,148.00 "PROVIDING PROTECTION FOR THOSE WHO PROTECT US" Page 1 607 W. 62nd Street (318) 865-5107 P.O. Box 8007 Tax $ - ADD Freight $ - TOTAL Quote is good for 30 days. Please review our Return and Payment Policies at www.cascoindustries.com/policies "PROVIDING PROTECTION FOR THOSE WHO PROTECT US" Page 2 September 29, 2023 Canyon Fire Department 301 16th Street Canyon, TX 79015 Crockett Fire Department Dear Chief Dennis Gwyn: Thank you, Canyon Fire Department for your interest in the MSA product line. This letter confirms that Casco Industries Inc is the sole authorized distributor of MSA SCBA and SCBA accessories for the Municipal Fire Service Market for the State of Texas. By way of background, in the fire service / first responder markets, MSA imposes specific requirements upon our distributors, which can result in a small number of distributors authorized to call upon a particular region. We impose these requirements because the equipment we manufacture and sell requires the involvement of partners with special knowledge, training and experience. Accordingly, MSA’s distributors are obligated to acquire and maintain extensive knowledge, training, and experience necessary to properly educate, assist and service our end user customers before, during and after the sale. MSA’s fire service / first responder distributor qualification requirements are likewise intended to ensure the highest possible end user customer experience. If you desire additional information about MSA, its product lines, or channel partners, please do not hesitate to contact me. Thank you for your interest in our products. Sincerely, Scott McGuire North American Sales Channels Specialist Phone: 724-742-8028 Email: scott.mcguire@MSAsafety.com MSA G1 SCBA Pre-production images and information provided, production model may vary. MSA G1 SCBA At MSA, “When you go in…We go in with you” is more than just words, it’s what drives us. Everything we do is done with your safety and comfort in mind. When we create our products, we’re guided by a single question: How do we meet and exceed our customers’ safety needs? In answer, we solicited feedback from firefighters across the nation, we listened closely and we incorporated those ideas to produce the most advanced, intelligent user-friendly self-contained breathing apparatus (SCBA) available today. Introducing the MSA G1 SCBA: The most comfortable, streamlined, balanced, configurable, and customizable SCBA we’ve ever produced. Our Commitment to the Fire Service MSA’s long-standing commitment to the fire service began nearly 100 years ago. Our continuous goal has been to provide dependable, high-quality personal protective equipment, instruments and service to help to ensure a safe return home. MSA’s extensive knowledge and expertise has helped to harness new technologies to produce exceptional protective equipment. The MSA G1 SCBA offers integrated and enhanced solutions to exceed your needs today as well as years into the future. “MSA has taken all of the firefighters’ concerns and addressed them in the MSA G1 SCBA.” – TB, Firefighter A Timeline of Innovation 1917: MSA enters breathing apparatus market with Gibbs & Mcaa closed-circuit apparatus for rescue & firefighting. 1936: First firefighting breathing apparatus – MSA Lightweight Half-Hour OBA. 1954: Bureau of Mines approved Demand Air Mask for air or oxygen. 1967: MSA introduces Belt-Mounted Regulator SCBA, Model 401. 1980: Ultralite fully-wrapped cylinder launched. 1983: Custom 4500® Air Mask - MSA’s first high pressure SCBA. 1985: Nomex SCBA shoulder straps introduced; all Nomex Flame & Heat Resistant (FHR) SCBA harness. 1987: First breathing apparatus to meet NFPA 1981 Edition fire service standards – Ultralight II & Custom 4500 II. Revolutionary Quick-Fill® System allows firefighters to replenish air supply; becomes requirement on all NFPA SCBA in 2002. ClearComTM RI Communications System integrates facepiece mic with radio. 1990: Ultralite® MMR and Custom 4500 MMR Air Masks introduced. Composite III Cylinder can be pressurized to 3000 psig. 1992: FireFly® PASS System. 1994: Ultra Elite® Facepiece launched. 1999: MMR Xtreme® SCBA offers new levels of performance. Vulcan Carrier & Harness is first composite-molded SCBA back frame. DragonFly® PASS is offered in stand-alone or integrated versions. 2000: Integrated Control Module (ICM). 2002: FireHawk® Air Mask, first unit certified to new NFPA 1981, 2002 Edition standard that includes CBRN 3 component and Quick-Fill System. 2007: FireHawk M7 - First SCBA compliant to NFPA 1981 & 1982, 2007 Edition. 2013: FireHawk M7XT Air Mask. 2014: MSA G1 SCBA. www.MSAFire.com The MSA G1 SCBA stands out from the crowd. 1. G1 Facepiece is lightweight and compact: No electronics needed • Open port design with cross contamination protection • Comfortable and easy to use, with low breathing resistance on and off air 2. Control Module provides both color LCD and analog displays • Display automatically turns on when control module is lifted into viewing position • Large print makes display easy to read • Provides more data and functionality than ever before q r • No matter which button is pressed, necessary information displays 3. Improved visibility through buddy lights and reflective material • 4 buddy lights located on the backplate e • 2 control module lights • Regulator light 4. Heads up display (HUD) shows remaining cylinder pressure t in 4 increments via colored LEDs • Clear and easy to understand and interpret provided information 5. Electronic communications are integrated into every unit w • Loud, clear communication • Removes inhalation breathing noise  6. MSA G1 SCBA ergonomics • Swiveling, adjustable lumbar pad manages SCBA weight • Improved comfort, balance, fit 7. Central power system for all electronics • Only one power source • Uses either alkaline or rechargeable battery • No need for multiple battery sizes • Low cost of ownership 8. Available in easily-upgradeable threaded or quick-connect cylinder attachment • Quick attachment and replacement for return to the fireground Integrated technology for future expansion • Bluetooth, RFID, Near Field Communication (NFC), long-range radio Customizable — Built to meet your specific needs • Control module and HUD display required information; easily adapt to your existing standard operating procedure • Wires/hoses can be routed as necessary u y e 5 i www.MSAFire.com MSA G1 SCBA Components About FACE. The G1 Facepiece was designed without electronic components, to minimize weight, reduce your stress and fatigue and improve your overall performance level. This design also means that there are no electronic components on the outside of the facepiece that may result in snag and entanglement hazards. What’s more, by eliminating costly electronic components, the price is reduced substantially, allowing personal-issue facepieces to be a cost effective measure. As an added bonus, the facepiece is equipped with cross-contamination prevention to reduce the spread of illness when facepieces are shared. But MSA didn’t stop there. The MSA G1 SCBA is also equipped with a speaking diaphragm to increase speech clarity while off air. The new G1 Facepiece is not only lightweight and compact with overall low profile design, it’s comfortable and built to last. Taking the preferred design features of the Ultra Elite Facepiece, including wide field of view and comfortable, robust seal geometry, we’ve taken the MSA G1 SCBA to the next level with an open port to provide low breathing resistance, both on and off air. The G1 Facepiece can help you to conserve energy for when you need it most. Be Heard. Electronic Voice Amplification Shouldn’t Be Optional. Every MSA G1 SCBA is equipped with electronic voice amplification because high quality fireground communications shouldn't be optional. With patent-pending design, dual microphones integrated into the regulator eliminate the Darth Vader-like inhalation sound. This unique feature automatically activates and shuts down with the unit. Shoulder strap-mounted speaker module provides loud and clear communications from the regulator microphone while maintaining low profile to aid in reducing snag points. Every MSA G1 SCBA is equipped with this cutting edge technology. MSA G1 SCBA Components Designed to fit YOUR needs. Cutting edge technology. The MSA G1 SCBA has been designed to meet and exceed your demands, providing more functionality than ever before. The G1 Control Module has both analog and color digital LCD displays, making certain that your status is available at all times. Auto-start motion control mechanism built into the control module intuitively provides the information you need when you need it. Adding yet another layer to ease-of-use: no matter which button is pressed, your information displays. Highly configurable and customizable. The MSA G1 SCBA’s user selectable configurations are an industry first: pressure; time remaining calculation; breathing time; temperature (the ability to set your own temperature alarm); and pressure drop (to alert you to leaks, either primary or secondary). What’s more, the control module and HUD can be programmed to display information required by your particular specification. But best of all, electronics can be adjusted to the way YOU want. The MSA G1 SCBA provides the ability to configure this device to follow any standard operating procedure, with alarm settings, lights and information provided on the control module. The MSA G1 SCBA…designed for the flexibility you need! Heads up. Internal HUD display. No facepiece electronics? It’s not only possible, it’s here. By placing electronics that power the Heads Up Display within the regulator, MSA has effectively reduced weight, profile, pairing, and cross talk. The HUD is inside the facepiece, so external contaminants cannot block the view and vital displayed relayed information. This new design means that you no longer have to buy HUDs for each facepiece, reducing costs and maintenance. By using revolutionary light pipes, the MSA G1 SCBA heads up display is clear and simple to understand; it’s a HUD system made easy! 7 www.MSAFire.com MSA G1 SCBA Components Always in Demand. G1 Mask-Mounted Regulator. The G1 Regulator houses easy-to- operate heads up display and communications, yet is the smallest and lightest regulator available. The G1 Regulator has an optional purge cover that can be used to start air flow during emergency situations. The G1 Regulator can also be shut off and removed from the mask with one simple action! The G1 Regulator is always in DEMAND! Finally, an SCBA where one size really can fit all. Ergonomics. The MSA G1 SCBA is the only SCBA on the market that offers harness customization to ensure improved comfort, balance and fit. By providing an adjustable lumbar pad, you can have a tailored unit with up/down and pivot capabilities that can actually move with you. Widened, adjustable shoulder straps enhance weight distribution and comfort. Through use of interlocking shoulder straps and strategically placed friction pads, the MSA G1 SCBA provides increased fit and stability while allowing for easy donning and doffing. The G1 Control Module, G1 Regulator and G1 Speaker Module can be configured on either shoulder, easily integrating into any standard operating procedure. MSA G1 SCBA Components The Power of One. Central Power System. With only one centralized power source, you can use either alkaline or an industry first rechargeable battery. As the ONLY manufacturer to offer rechargeable batteries, we’ve taken SCBA protection to a whole new level — finally, an SCBA that doesn’t require multiple battery sizes! No need to manage battery types, compartments and change-outs, resulting in lower cost of ownership. Make a Connection. Pressure Reducer. Designed to work with quick connect or CGA threaded cylinders, there’s a connection to meet your need. Adding to this flexibility are available direct and remote quick- connect attachment options to enable effortless cylinder change-outs. Pressure reducer accessory ports allow for future upgrades, including the high pressure Quick Fill® System. The MSA G1 SCBA is available in both quick-connect and threaded- connection options. With minimal parts, you can easily upgrade from one option to the other! All in all, this unit provides each user with many choices, all of which result in lower cost of ownership. When Air is Low, Seconds Matter. Universal Air Connection (UAC). When air is low and you must access the UAC for emergency purposes, seconds matter. That’s why MSA invented the patent-pending RIT light to shine a bright white LED on the UAC connection, making it easier to find and 9 connect to a rescue air source. The primary UAC illuminates when End of Service Time Indicator (EOSTI) reaches 35%. www.MSAFire.com