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 8th day of July 2024 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 June 17, 2024. 5. Public Comment – Comments from Interested Citizens. 6. Conduct First Public Hearing on Ordinance No. 1209 Annexing Territory to the City of Canyon, Brown Construction Services, PLLC Brown Construction Services 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. 7. Conduct Second Public Hearing on Ordinance No. 1209 Annexing Territory to the City of Canyon, Brown Construction Services, PLLC Brown Construction Services 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. 8. Consider and Take Appropriate Action on Resolution No. 15-2024, A Resolution by the City of Canyon, Texas, (“City”) Responding to the Application of West Texas Gas Utility, LLC, to Increase Rates Under the Gas Reliability Infrastructure Program; Suspending the Effective Date of this Rate Application for Forty-Five Days; Authorizing the City’s Participation in a Coalition in a Coalition of Cities Known as the “Alliance of West Texas Gas Company Municipalities;” Requiring the Reimbursement of Costs; Determining that the Meeting at Which the Resolution was Adopted Complied with the Texas Open Meetings Act; Making Such Other Findings and Provisions Related to the Subject; and Declaring an Effective Date. 9. Consider and Take Appropriate Action on Modifications to the Wal-Mart Building Exterior. 10. Executive Session Pursuant to §551.071 Consultation with Attorney. 11. Consider and Take Appropriate Action on Items Discussed in Executive Session. 12. Adjourn. City of Canyon  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 5th day of July 2024. Gretchen Mercer, City Clerk City of Canyon City Commission Meeting June 17, 2024 The City Commission of the City of Canyon met in regular session at 4:30 p.m. 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, and Danny Potter. Commissioner Paul Lyons 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 Finance Joel Wright, HR Director Hector Mendoza, Canyon Economic Development Director Stephanie Tucker, Communications Director Megan Nelson, Business Office Manager Kelly Trapp, Director of Public Works Chris Enriquez, Assistant Director of Public Works Tanner DeVenney, Fire Chief Dennis Gwyn, Assistant Fire Chief Vince Whitfill, Director of Planning and Development Lucas Raley, Purchasing Manager Beau Boyer, Police Chief Steve Brush, Police Captain Matt Coggins, and City Attorney Chuck Hester. Item 1. Call to Order. Mayor Hinders called the meeting to order at 4:35 pm. Item 2. Invocation. Mayor Pro-Tem Jones gave the invocation. Item 3. Pledge of Allegiance. The Pledge of Allegiance was led by Commissioner Potter. Item 4. Approval of the Minutes of the Meeting of June 3, 2024. Mayor Pro-Tem Jones moved, duly seconded by Commissioner Potter to approve the minutes of June 3, 2024 as presented. Motion carried unanimously. Item 5. Public Comment – Comments from Interested Citizens. No comments were made. Item 6. Consider and Take Appropriate Action on Modifications to the Wal-Mart Building Exterior. City Manager Joe Price announced Item 6 concerning the Exterior of Wal-Mart building would be considered after Executive Session. Item 7. Consider and Take Appropriate Action on Permit to Keep Livestock at 409 W. 6th Avenue. Director of Public Works Lucas Raley presented a permit request to keep livestock at 409 W. 6th Avenue. Mr. Raley stated Ryan and Sequin Brewer submitted a request to keep livestock at 409 W 6th Ave. as intended whey they purchased the property. Mr. Raley stated the property is suitable for livestock in that the previous owners had livestock and that there are currently many City Commission Meeting June 17, 2024 Page 2 of 3 properties around the area with livestock. Mr. Raley said the Code of Ordinances allow for a livestock permit to be granted by the City Commission with an expiration of December 31 of each year at which time a new permit can be requested for approval by the City Commission. Mr. Brewer was present to answer any questions. After Discussion, Mayor Pro-Tem Jones moved, duly seconded by Commissioner Cranmer to approve the livestock permit request at 409 W 6th Avenue. Motion carried unanimously Item 8. Consider and Take Appropriate Action on Resolution No. 14-2024, A Resolution of the City of Canyon, Texas, Setting a Date, Time, and Place for Public Hearings and Providing for Notice of Public Hearings in Regard to the Proposed Annexation of Property Within the Extraterritorial Jurisdiction of the City of Canyon at the Request of Brown Construction Services, PLLC, A Texas Limited Liability Company, Acting by and Through Its Chief Executive/Manager, David E. Brown and Manager JoAnna R. Brown. Planning and Development Director Lucas Raley presented Resolution No. 14-2024 for consideration. Mr. Raley stated Dave Brown requested annexation for 6701 W Country Club Rd. Mr. Raley said the property will be used by the contractor hired to complete the I-27 widening project as their headquarters and the site of a concrete batch plant. Mr. Stated the City Commission approved an MOU for Dave Brown to begin constructing a permanent water line connection from existing city infrastructure to serve the site on May 6, 2024. After discussion, Commissioner Cranmer moved, duly seconded by Mayor Pro-Tem Jones to adopt Resolution No. 14-2024 for the proposed annexation calendar and authorize the City Manager to sign the associated agreements on behalf of the City of Canyon. Motion carried unanimously. RESOLUTION NO. 14-2024 A RESOLUTION OF THE CITY OF CANYON, TEXAS, SETTING A DATE, TIME, AND PLACE FOR PUBLIC HEARINGS AND PROVIDING FOR NOTICE OF PUBLIC HEARINGS IN REGARD TO THE PROPOSED ANNEXATION OF PROPERTY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CANYON AT THE REQUEST OF BROWN CONSTRUCTION SERVICES PLLC, A TEXAS LIMITED LIABILITY COMPANY, ACTING BY AND THROUGH ITS CHIEF EXECUTIVE/MANAGER, DAVID E. BROWN AND MANAGER JOANNA R. BROWN. Item 9. Update on Strategic Plan. Planning and Development Director Lucas Raley presented an update on the City of Canyon Strategic Plan. No action, informational only. After discussion, Commissioner Cranmer moved, duly seconded by Mayor Pro-Tem Jones to authorize City Staff to house the Canyon Housing Rehabilitation Program in the Main Street Organization and receive funds as such. Motion carried unanimously. City Commission Meeting June 17, 2024 Page 3 of 3 Item 10. Consider and Take Appropriate Action on Ordinance No. 1209, An Ordinance Amending the City of Canyon, Texas (“City”) Code of Ordinances, Chapter 37, Master Fee Schedule of Charges and Fees; Providing for the Addition of New and Amendment of Certain Other Fees and Charges; Providing a Repealing Clause, Providing a Severability Clause; for Publication and an Effective Date. Purchasing Manager Beau Boyer presented Ordinance No. 1209 for consideration. Mr. Boyer stated the Master Schedule of Charges ad Fees incudes all of the fees and charges that various city departments charge in one location. Mr. Boyer gave an overview of fees added or amended and that would become effective with the adopted budget October 1, 2024. After discussion, Commissioner Cranmer moved, duly seconded by Commissioner Potter to adopt Ordinance No. 1209 amending the 2024-2025 Master Schedule of Charges and Fees. Motion carried unanimously. ORDINANCE NO. 1209 MASTER SCHEDULE OF CHARGES AND FEES AN ORDINANCE AMENDING THE CITY OF CANYON, TEXAS (“CITY”) CODE OF ORDINANCES, CHAPTER 37, MASTER SCHEDULE OF CHARGES AND FEES; PROVIDING FOR THE ADDITION OF NEW AND AMENDMENT OF CERTAIN OTHER FEES AND CHARGES; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; FOR PUBLICATION AND AN EFFECTIVE DATE. Item 11. Executive Session Pursuant to §551.071 Consultation with Attorney and §551.087 Regarding Economic Development Negotiations. Mayor Hinders indicated the City Commission would adjourn into Executive Session at 5:36 pm. Item 12. Consider and Take Appropriate Action on Items Discussed in Executive Session. Upon Returning from Executive Session at 7:07 pm, no action was taken. Item 13. Adjourn. There being no further business, Mayor Pro-Tem Jones moved this meeting be adjourned at 7:07 pm. ______________________________ Gary Hinders, Mayor ATTEST: ________________________________ Gretchen Mercer, City Secretary AGENDA ITEM 6 and 7 AGENDA To: Mayor and City Commission From: Chuck Hester, City Attorney Date: July 8, 2024 Re: Hold Public Hearings on Ordinance No. 1209, Petition by BROWN CONSTRUCTION SERVICES, PLLC for Voluntary Annexation of Land in the Extraterritorial Jurisdiction of the City of Canyon. At the meeting on June 17, 2024 the Commission accepted the Petition For Voluntary Annexation submitted by BROWN CONSTRUCTION SERVICES, PLLC. The Commission also adopted Resolution 14-2024 establishing the annexation calendar, setting dates for publication and public hearings. At this meeting we will hold the two public hearings under separate agenda items to move the annexation forward. No action is required at this meeting. City of Canyon  ORDINANCE NO. 1209 ANNEXING TERRITORY TO THE CITY OF CANYON BROWN CONSTRUCTION SERVICES, PLLC BROWN CONSTRUCTION SERVICES 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 TEXAS 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 3  ADOPTED by the City Commission of the City of Canyon on August 5, 2024. ___________________________________ 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 5th day of August, 2024, 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 3  Exbibit A PROPERTY LEGAL DESCRIPTION PAGE 3 OF 3  PETITION FOR VOLUNTARY ANNEXATION TO: The Mayor and City Commission of the City of Canyon, Texas BROWN CONSTRUCTION SERVICES, PLLC, a Texas limited liability company, acting by and through its Chief Executive/Manager, DAVID E. BROWN and Manager, JOANNA R. BROWN, 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 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 is adjacent to the BNSF railroad right of way. 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. 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 expenses incurred by the City of Canyon in connection with such request and petition.  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. BROWN CONSTRUCTION SERVICES, PLLC, a Texas limited liability company By: DAVID E. BROWN Chief Executive/Manager and Managing Member, Brown Construction Services, PLLC By: JOANNA R. BROWN Manager, Brown Construction Services, PLLC  ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF RANDALL § This instrument was sworn to, subscribed and acknowledged before me on the _____ day of June, 2024, by JOANNA R. BROWN, Manager of BROWN CONSTRUCTION SERVICES, PLLC, 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 June, 2024, by DAVID E. BROWN, Chief Executive Manager and Managing Member of BROWN CONSTRUCTION SERVICES, PLLC, 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  EXHIBIT A PROPERTY LEGAL DESCRIPTION EXHIBIT A TO THE PETITION OF LANDOWNER FOR VOLUNTARY ANNEXATION PAGE 4 OF 6  EXHIBIT A EXHIBIT A TO THE PETITION OF LANDOWNER FOR VOLUNTARY ANNEXATION PAGE 5 OF 6  EXHIBIT B EXHIBIT B TO THE PETITION OF LANDOWNER FOR VOLUNTARY ANNEXATION PAGE 6 OF 6 AGENDA ITEM 8 AGENDA To: Mayor and City Commissioners From: Joe Price, City Manager Date: July 8, 2024 Re: Consider and Take Appropriate Action on Resolution No. 15-2024, A Resolution by the City of Canyon, Texas, (“CITY”) Responding to the Application of West Texas Gas Utility, LLC, to Increase Rates Under the Gas Reliability Infrastructure Program; Suspending the Effective Date of this Rate Application for Forty-Five Days; Authorizing the City’s Participation in a Coalition of Cities Known as the “Alliance of West Texas Gas Company Municipalities;” Requiring the Reimbursement of Costs; Determining That the Meeting at Which the Resolution was Adopted Complied With the Texas Open Meetings Act; Making Such Other Findings and Provisions Related to the Subject; and Declaring an Effective Date. _____________________________________________________________________________________ ALLIANCE OF WEST TEXAS GAS COMPANY MUNICIPALITIES (“AWM”) The City is a member of the Alliance of West Texas Gas Company Municipalities (“AWM”). The AWM group was organized by a number of municipalities served by West Texas Gas Utility, LLC (“WTG”) and has been represented by the law firm of Herrera Law & Associates, PLLC (through Mr. Alfred R. Herrera) to assist in reviewing applications to change rates submitted by WTG. “GRIP” RATE APPLICATIONS Under section 104.301 of the Gas Utility Regulatory Act (GURA), a gas utility is allowed to request increases in its rates to recover a return on investments it makes between rate cases. This section of GURA is commonly referred to as the “GRIP” statute (the “Gas Reliability Infrastructure Program”). Under a decision by the Supreme Court of Texas, the Court concluded that a filing made under the GRIP statute permitted gas utilities the opportunity to recover a return on capital expenditures made during the interim period between rate cases by applying for interim rate adjustment and that proceedings under the GRIP statute did not contemplate either adjudicative hearings or substantive review of utilities' filings for interim rate adjustments. Instead, the Court concluded, the GRIP statute provides for a ministerial review of the utility’s filings to ensure compliance with the GRIP statute and the Railroad Commission’s rules, and that it is within the Railroad Commission’s authority to preclude cities from intervening and obtaining a hearing before the Railroad Commission. WTG’S “GRIP” APPLICATION On or about May 17, 2024, WTG filed for an increase in gas utility rates under the Gas Reliability Infrastructure Program (‘GRIP”). WTG’s application when approved by the Railroad Commission will result in an increase in the monthly customer charges as shown below: City of Canyon  AGENDA Rate Customer Proposed 2023 Adjusted Increase to Schedule Charge Interim Customer Each Bill Adjustment Charge Texas Residential $21.90 $1.52 $23.42 $1.52 per meter per meter per meter per meter per month per month per month per month Texas Commercial, $40.28 $3.29 $43.57 $3.29 Public Authority, & per meter per meter per meter per meter Non-Profit per month per month per month per month The increase in rates WTG presents in its application is based on capital expenditures it made from January 1, 2023 through December 31, 2023. REVIEW AND ACTION RECOMMENDED Although the City’s ability to review and effectuate a change in WTG’s requested increase is limited, the City should exercise due diligence with regard to rate increases by monopoly utilities who operate within its boundaries, including increases requested under the GRIP statute to ensure compliance with the requirements of that law. To exercise its due diligence, it is necessary to suspend WTG’s proposed effective date of July 16, 2024, for forty-five days, so that the City can evaluate whether the data and calculations in WTG’s rate application are correctly done, and whether WTG’s application otherwise conforms to the requirements of the GRIP statute. Therefore, AWM’s Special Counsel, the law firm of Herrera Law & Associates, PLLC recommends that the City adopt a resolution suspending WTG’s proposed effective date for 45 days. Assuming WTG’s proposed effective date of July 16, 2024, WTG’s proposed effective date is suspended until August 30, 2024. To effectuate the suspension of WTG’s proposed effective date, Council must take action to suspend WTG’s proposed effective by no later than July 16, 2024. RECOMMENDED MOTION “I move to adopt/deny Resolution No. 15-2024 as presented. City of Canyon  RESOLUTION NO. 15-2024 A RESOLUTION BY THE CITY OF CANYON, TEXAS, (“CITY”) RESPONDING TO THE APPLICATION OF WEST TEXAS GAS UTILITY, LLC, TO INCREASE RATES UNDER THE GAS RELIABILITY INFRASTRUCTURE PROGRAM; SUSPENDING THE EFFECTIVE DATE OF THIS RATE APPLICATION FOR FORTY-FIVE DAYS; AUTHORIZING THE CITY’S PARTICIPATION IN A COALITION OF CITIES KNOWN AS THE “ALLIANCE OF WEST TEXAS GAS COMPANY MUNICIPALITIES;” REQUIRING THE REIMBURSEMENT OF COSTS; DETERMINING THAT THE MEETING AT WHICH THE RESOLUTION WAS ADOPTED COMPLIED WITH THE TEXAS OPEN MEETINGS ACT; MAKING SUCH OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS: on or about May 17, 2024, West Texas Gas Utility, LLC (“WTG”) filed for an increase in gas utility rates under the Gas Reliability Infrastructure Program (‘GRIP”), resulting in a requested increase in the monthly customer charge from $20.62 to $21.90 for Residential customers, and from $37.69 to $40.28 for non-residential customers (Commercial, Public Authority, and Non-Profit); and WHEREAS: the City has a special responsibility to exercise due diligence with regard to rate increases of monopoly utilities who operate within its boundaries; and WHEREAS: the application to increase rates by WTG is complex; and WHEREAS: it is necessary to suspend the effective date for the increase in rates for forty-five days, so that the City can assure itself that the data and calculations in WTG’s rate application are correctly done, and whether WTG’s application otherwise conforms to the requirements of Texas Utilities Code § 104.301, commonly referred to as the GRIP statute; and WHEREAS: the effective date proposed by WTG is July 16, 2024, but a suspension by the City will mean that the rate increase cannot go into effect prior to August 30, 2024. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CANYON, TEXAS THAT: SECTION 1. That the statements and findings set out in the preamble to this resolution are hereby in all things approved and adopted. 1 of 2  SECTION 2. The City suspends the requested effective date by WTG for forty-five days pursuant to the authority granted the City under Section 104.301 of the Texas Utilities Code. The City finds that additional time is needed in order to review the data and calculations that provide the basis for the rate increase application, and to determine whether WTG’s application otherwise conforms to the requirements of the GRIP statute. SECTION 3. The City shall continue to act jointly with other cities that are part of a coalition of cities known as the Alliance of WTG Municipalities (“AWM”). SECTION 4. The City authorizes the law firm of Herrera Law & Associates, PLLC, to act on its behalf in connection with WTG’s application to increase rates. SECTION 5. WTG is ordered to reimburse the City's reasonable rate case expenses incurred in response to WTG’s rate increase application within 30 days of receipt of invoices for such expenses to the extent allowed by law. SECTION 6. The meeting at which this resolution was approved was in all things conducted in compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. SECTION 7. This resolution shall be effective immediately upon passage. PASSED AND APPROVED this 7th day of July 2024. ______________________________________ GARY HINDERS, MAYOR ATTEST: ______________________________________ GRETCHEN MERCER, CITY SECRETARY 2 of 2 AGENDA ITEM 9 AGENDA To: Honorable Mayor and City Commission From: Joe Price, City Manager Date: July 8, 2024 Re: Consider and Take Appropriate Action on Modifications to the Wal-Mart Building Exterior. When the new Wal-Mart Supercenter was going through the approval process in 2003, there was a lot of opposition to the site of the building with one of the big concerns being that Canyon didn’t want another “Blue Box”. As a result, the Walmart team agreed to somewhat match the local geography, and used tans and browns for the building. They also agreed (see attached Development Agreement), that they would obtain City approval before making any changes to the appearance of the exterior of the building. In 2018 Wal-Mart painted the building changing the colors to the typical Wal-Mart blue colors without following the Developers Agreement. They had already painted the majority of the building before City Manager Randy Criswell could get hold of anyone with authority. Mr. Criswell eventually reached Chris Evert from SGA Design Group who represented Wal-Mart and he agreed to come before the City Commission as per the Development Agreement. Mr. Evert said he had no knowledge of the agreement. Again, by this time the building was already 80% painted over. During the Commission meeting of August 20, 2018, Commissioners asked what it would cost to take the building back to the original colors. It was reported to be $85,000 to $95,0000. The Commission agreed they would not require that cost to be incurred at this time, but Mr. Criswell and City Attorney Chuck Hester confirmed that any changes to the exterior of Wal-Mart would require approval by the City Commission as written in the Developers Agreement and carries a continuing obligation from Wal-Mart. (see attached minutes from August 20, 2018). Wal-Mart is again painting the exterior of the building and citizens have brought this to the City’s attention. City Manager Joe Price had Planning and Development speak to the contractor asking them to stop the project until the issues with the colors could be worked out with the City Commission as per the Developers Agreement. As of now, the exterior only has a white primer on it. We have been in touch with the original Engineer / Landscape Architect, Tom Galbreath of Dunaway and he has provided the original color drawings of the Wal-Mart building as approved. RECOMMENDED MOTION City of Canyon  LIG ©­ © f II 0 0- t I • I i i J • I 1,I1:•s liill 11111  I·1 ll i• ,I 11' Iii r·- - l�-1 'i-·- - ,1 -=-.. _I] �;;;;;;";;;;-::==---1-1�1-- - - I.OtAft-lOt --­ A. 1:!,I _ ·.:.:. ll[f ·-- ,- - , IIF II i � • r II IEI II' .ii �ttllf PICKUP BANNER EXISTING AUTO CENTER ®�� ISTING LIGHT POLE @� ON CONVERTED TO PICKUP @!;�,: PYLON SIGN EACH SIDE, TYP OF 2 -__ ----- --.--,u. "".., ..uu.w...... ---- -·-- �� ---.._ NONILLUMINATED SIGNAGE SIGNAGE ATTACHMENT -- CHMENT AT EIFS & METAL STUD WALL MU BELOW ROOFLINE :.=:!.rAT _ @�!.'°! 14 �!.� --ID..rawt.'IDI --- ---- ----- •tWG1---...- =-�'= -- ____ ...---� .....,. ��� _...J....1.JL_J...,11,_JL...i.,_,.;.,;':"".;,;,;_ii"='�-!i,:__� ..;:.-;.,..;;; • -;;Mi�] NONILLUMINATED @) �,!�!fAGE ATTACHMENT @!:! AUTO NUMERALS @!:«!; GROCERY EXTERIO� SIGNAGE  Item #5 Intentionally missing ��2:i "'O 0) t'rj to to • This improvement is a possible signal light at Soncy Rd. that is not warranted now, and if needed in the future it will be constructed by TxDOT.