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AGD 7/17/2018City of Wichita Falls City Council Agenda Stephen Santellana, Mayor Bobby Whiteley, At Large Eric West, District 1 DeAndra Chenault, District 2 Jeff Browning, District 3 Jesse Brown, District 4 Mitesh Desai, District 5 Darron Leiker, City Manager Kinley Hegglund, City Attorney Marie Balthrop, City Clerk Notice Of Regular Meeting Of The Mayor And City Council Of The City Of Wichita Falls, Texas, To Be Held In The City Council Chambers, Memorial Auditorium, 1300 Seventh Street, Tuesday, July 17, 2018 Beginning At 8:30 A.M. Item # Call to Order (a) Invocation: Reverend Justin Miller Trinity United Methodist Church (b) Pledge of Allegiance CONSENT AGENDA Approval of minutes of the July 3, 2018 Regular Meeting of the Mayor and City Council. Resolutions Resolution authorizing the City Manager to award bid and contract for the 2018 Alley Rehabilitation Project to MH Civil Constructors, Inc. in the amount of $340,000.00 REGULAR AGENDA Public Hearings Public Hearing for ordinance continuing in effect Sections 78-61 through 78-80 of the Wichita Falls Code of Ordinances, which provide a juvenile curfew Ordinances (a) Ordinance amending Chapter 46 of the Code of Ordinances by the addition of Article VIII, Temporary Storage Units; and setting an effective date. Applicant: City of Wichita Falls (b) Ordinance accepting $31,653.00 of grant funds pursuant to the 2017 Edward Byrne Memorial Justice Assistance Grant (JAG) Program (Local Solicitation Award #2017 -DJ -BX -0492), appropriating said funds to the Special Revenue Fund, and authorizing the City Manager to execute all documents necessary to accept and share said funds (c) Ordinance amending Chapter 102, Traffic and Vehicles, Article I — In General, by the addition of 102-4, Oversized Loads, to prohibit the movement of oversized Toads within the City limits at certain times; providing a repealer clause; providing for inclusion; providing for severability; and providing an effective date (d) Ordinance authorizing the City Manager to execute all documents necessary to apply for and accept up to $50,000 in Texas Department of Transportation Aviation Division Routine Airport Maintenance Program (RAMP) Funds for FY 2019 Projects at Kickapoo Downtown Airport and appropriating said funds and the City's match of $50,000 into the Special Revenue Fund (e) Ordinance authorizing the City Manager to execute all documents necessary to apply for and accept up to $50,000 in Texas Department of Transportation Aviation Division Routine Airport Maintenance Program (RAMP) Funds for FY 2019 Projects at Wichita Falls Regional Airport and appropriating said funds and the City's match of $50,000 into the Special Revenue Fund (f) (g) Ordinance authorizing the issuance and sale of City of Wichita Falls, Texas General Obligation Bonds, Series 2018A; levying an annual ad valorem tax and providing for the security for and payment of said bonds; approving the official statement and instruments and procedures relating to said bonds; providing an effective date; and enacting other provisions relating to the subject Ordinance authorizing the issuance and sale of City of Wichita Falls, Texas General Obligation Refunding Bonds, Series 2018B; levying an annual ad valorem tax and providing for the security for and payment of said bonds; approving the official statement and instruments and procedures relating to said bonds; providing an effective date; and enacting other provisions relating to the subject Resolutions CITY COUNCIL AGENDA PAGE 2 OF 4 (a) Resolution awarding/rejecting bids for two city owned parcels in Archer County at Lake Kickapoo for the Purpose of Hunting to the highest bidder beginning July 17, 2018 and expiring on May 31, 2021 (b) Resolution Reappointing Dennis Wilde to Nortex Housing Finance Corporation (c) Resolution authorizing the execution of a 15 -year lease/purchase agreement in the amount of $2,895,784 with respect to the financing of LED Street Lighting Conversion for the public benefit; authorizing the execution and delivery of the agreement and related documents with Banc of America Public Capital Corp for the acquisition of financing for the project; and resolving other matters relating to the subject (d) Resolution Declaring the City as a hybrid entity; designating the City's Covered Entity Components; designating a HIPAA Privacy Officer and a HIPAA Security Officer; and providing an effective date (e) Resolution authorizing the City Manager to approve Change Order No. 2 for the 2016 Kemp Monroe Drainage Project Phase I in the amount of $83,961.50 (f) (g) Resolution authorizing the City Manager to execute an agreement with Downtown Wichita Falls Development for the installation and maintenance of crosswalk art Resolution authorizing the City Manager to apply for and accept a Federal Transit Administration Section 5339 Buses and Bus Facilities Infrastructure Investment Program Grant in an amount up to $10,000,000 Other Council Matters Items of concern to members of the City Council Comments from the public to members of the city council concerning items that are not on the city council agenda. People wishing to address the council should sign up prior to the meeting commencing. A three-minute time frame will be adhered to for those addressing their concerns. As comments from the public are not posted agenda items, the Texas Open Meetings Act prohibits City Council members and Staff from discussing or responding to these comments during Council meetings. 10. Executive Sessions Executive Session in accordance with Texas Government Code §551.074 to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, dismissal of a public officer or employee, including, but not limited to members of the following boards and commissions: CITY COUNCIL AGENDA PAGE 3 OF 4 • 4A Economic Development Corporation • 4B Sales Tax Corporation 11. Appointments to Boards and Commissions • 4A Wichita Falls Economic Development Corporation • 4B Sales Tax Corporation • Housing Authority Board • Library Advisory Board • Helen Farabee MHMR Board 12. Adjourn Wheelchair or handicapped accessibility to the meeting is possible by using the handicapped parking spaces and ramp located off the east parking lot on the 6th Street entrance nearest the Council chambers. There are additional handicapped parking spaces and ramp on 7th Street at the main building entrance. Spanish language interpreters, deaf interpreters, Braille copies or any other special needs will be provided to any person requesting a special service with at least 24 hours notice. Please call the City Clerk's Office at 761-7409. Wireless Listening System devices are available at the City Manager's reception area or you may call 761-7404 for inquiries. Every item on this agenda shall be considered a public hearing. Regardless of the agenda heading under which any item is listed, any word or phrase of any item listed on this agenda shall be considered a subject for consideration for purposes of the Texas Open Meetings Act and other relevant law, and City Council may deliberate and vote upon any such subject and resolutions related thereto. Resolutions, ordinances, and other actions concerning any word, phrase, or other subject may be voted upon, regardless of any language of limitation found in this agenda or any document referring to such action. Any penal ordinance, development regulation or charter provision of the City of Wichita Falls or item which is funded by the current or next proposed City of Wichita Falls budget, including, without limitation, any street, water pipe, sewer, drainage structure, department, employee, contract or real property interest of the City of Wichita Falls, may be discussed and deliberated, and the subject is hereby defined as such without further notice. Any item on this agenda may be discussed in executive session if authorized by Texas law regardless of whether any item is listed under "Executive Sessions" of this agenda, regardless of any past or current practice of the City Council. Executive sessions described generally hereunder may include consideration of any item otherwise listed on the agenda plus any subject specified in the executive session notice. Executive sessions described generally hereunder are closed meetings, may include consideration of any item otherwise listed on the agenda plus any subject specified in the executive session notice, and may include items under Texas Government Code Sections 551.071, 551.072, 551.073, 551.074, 551.076, 551.084, and/or 551.087. CERTIFICATION I certify that the above notice of meeting was posted on the bulletin board at Memorial Auditorium, Wichita Falls, Texas on the 12th day of July , 2018 at 3:45 o'clock p.m. City Clerk CITY COUNCIL AGENDA PAGE 4 OF 4 City of Wichita Falls City Council Meeting Minutes /CI1 ( �, /$ July 3, 2018 TEXAS $/eePi kie5 4o/dm Oppopteeektes Item 1 - Call to Order The City Council of the City of Wichita Falls, Texas met in regular session on the above date in the Council Chambers of the Memorial Auditorium Building at 8:30 o'clock a.m., with the following members present. Stephen L. Santellana - Mayor Jesse Brown - Councilors DeAndra Chenault - Mitesh Desai - Eric West - Bobby Whiteley - Darron Leiker Kinley Hegglund Marie Balthrop City Manager City Attorney City Clerk Mayor Santellana called the meeting to order at 8:30 a.m. Item 2a — Invocation Gene Holley, Pastor, Life Tabernacle Church, gave the invocation. Item 2b — Pledge of Allegiance Mayor Santellana led the Pledge of Allegiance. Item 3a — Employee of the Month — Armando Manqual, Sanitation 8:33 a.m. PAGE 1 of 6 PAGES AGENDA ITEM NO. 3. Teresa Rose, Deputy Director Public Works, recognized Armando Mangual, Sanitation Supervisor, Residential Collection, as Employee of the Month for July. Mayor Santellana congratulated Armando and presented a plaque, letter of appreciation, restaurant voucher, and a check to Mr. Mangual and thanked him for his service. Item 3b — Recognition of WFPD Officers Jaeden Esquibel and Brian Arias for earning medals at the 2018 Texas Police Games in Fort Worth, Texas. 8:38 a.m. Manuel Borrego, Chief of Police, recognized Officer Jayden Esquibel and Officer Brian Arias for their participation in the Texas Police Games in Fort Worth Texas. Officer Esquibel earned a first place medal for men's power lifting, and Officer Arias finished fourth in men's singles tennis, and earned a second place medal in men's doubles tennis. Mayor Santellana expressed his pride in the officers, congratulated them for earning medals, and thanked each of them for representing Wichita Falls. Item 4-5 — Consent Items 8:42 a.m. City Manager Darron Leiker gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Chenault that the consent items be approved. Motion seconded by Councilor Desai and carried by the following vote: Ayes: Mayor Santellana, Councilors Brown, Chenault, Desai, West and Whiteley Nays: None Item 4 — Approval of minutes of the June 19, 2018 Regular Meeting of the Mayor and City Council. Item 5 - Receive Minutes Minutes of the following boards and commissions were received: (a) Board of Adjustment, September 20, 2017 (b) Board of Adjustment, January 17, 2018 (c) Wichita Falls 4B Sales Tax Corporation, March 5, 2018 (d) Planning & Zoning Commission, May 9, 2018 PAGE 2 of 6 PAGES AGENDA ITEM NO. 3. (e) (f) (g) Wichita Falls Economic Development, May 17, 2018 Landmark Commission, May 22, 2018 Wichita Falls 4B Sales Tax Corporation, June 6, 2018 Item 6a — Public Hearing & Resolution 69-2018 8:43 a.m. Mayor Santellana opened the public hearing at 8:43 a.m. Dana Schoening, Director of Community Development, presented the 2018 Fourth Year Annual Action Plan of the Five Year Public Housing Agency (PHA) Action Plan adopted 2015-2016. There were no public comments and Mayor Santellana closed the Public Hearing at 8:45 a.m. Motion by Councilor Brown to approve Resolution 69-2018 approving the 2018 Fourth Year Annual Action Plan of the Adopted 2015-2016 Five Year Public Housing (PHA) Action Plan. Motion seconded by Councilor Chenault and carried by the following vote: Ayes: Mayor Santellana, Councilors Brown, Chenault, Desai, West and Whiteley Nays: None Item 6b — Resolution 70-2018 8:46 a.m. Resolution authorizing the City Manager to make application to the Bureau of Justice Statistics (NCS -X) Grant through the Texas Department of Public Safety for conversion to the National Incident -Based Reporting System (NIBRS), Grant Number 2012 -MU -MU - K003, in the amount up to $325,000.00 Motion by Councilor Chenault to approve Resolution 70-2018. Motion seconded by Councilor Brown and carried by the following vote: Ayes: Mayor Santellana, Councilors Brown, Chenault, Desai, West and Whiteley Nays: None PAGE 3 of 6 PAGES AGENDA ITEM NO. 3. Item 6c — Resolution 71-2018 8:47 a.m. Resolution authorizing the execution of a Memorandum of Agreement between the City of Wichita Falls and the Arthur J. Szczerba M.D., P.A. Physician's Professional Association for the Provision of Medical Services to the Wichita Falls -Wichita County Public Health District Motion by Councilor West to approve Resolution 71-2018. Motion seconded by Councilor Brown and carried by the following vote: Ayes: Mayor Santellana, Councilors Brown, Chenault, Desai, West and Whiteley Nays: None Item 6d — Resolution 72-2018 8:56 a.m. Resolution authorizing the City Manager to enter into a contract with Ameresco Incorporated in the amount of $2,880,784 to perform services related to the installation of light emitting diode (LED) roadway lighting fixtures with a performance guarantee that annual savings will be sufficient to pay the annual cost of the system over a 15 -year period. Moved by Councilor Chenault to approve Resolution 72-2018. Motion seconded by Councilor Brown and carried by the following vote: Ayes: Mayor Santellana, Councilors Brown, Chenault, Desai, West and Whiteley Nays: None Item 7 — Items of Concern to Members of the City Council 9:05 a.m. Members of the City Council presented the following matters: Councilor Chenault - Thanked everyone for attending the meeting and invited everyone to Fourth in the Falls at the MPEC where there will be fireworks. Councilor Chenault congratulated individuals with Falls Town Boxing for earning bronze and gold medals. PAGE 4 of 6 PAGES AGENDA ITEM NO. 3. Councilor Whiteley — Received a letter from a resident in the 1700 block of Lucile in reference to work being completed in the alley and the inability for sanitation to empty the dumpsters. Darron Leiker will follow up on this issue. Councilor Whiteley asked to follow up on alley easement issues discussed last month. Councilor West — Expressed his appreciation, respect and love for a true leader that was lost in our community, Dr. Tom Rodgers, Pastor of Grace Church. Councilor West expressed his condolences to the family and church family of Dr. Tom Rodgers. Mayor Santellana — Invited everyone to the fireworks at the Fourth in the Falls event at the MPEC. The Downtown Development Steering Committee has discussed possibly moving forward with getting volunteers to help with efforts to clean up downtown and possibly starting with community volunteers that could be utilized in other areas as well. Item 8 — Comments from the Public to Members of the City Council Concerning Items That Are Not on the City Council Agenda. 9:09 a.m. There were no comments from the public. Item 9 — Executive Session City Council went into Executive Session at 9:09 a.m. in accordance with Texas Government Codes §551.074 to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, dismissal of a public officer or employee, including, but not limited to the appointment of City Councilor District 3. City Council reconvened at 10:21 a.m. Mayor Santellana announced that no votes or polls were taken. Item 10 — Appointment of City Councilor District 3 10:22 a.m. Motion by Councilor Brown to approve appointment of Jeff Browning to City of Wichita Falls City Council, District 3, term Expiring November 2018. Motion seconded by Councilor Whiteley and carried by the following vote: PAGE 5 of 6 PAGES AGENDA ITEM NO. 3. Ayes: Mayor Santellana, Councilors Brown, Desai, West and Whiteley Nays: Chenault Marie Balthrop, City Clerk, administered the Oath of Office to Mr. Jeff Browning. Mayor Santellana recessed the meeting for a brief break. Item 11 — Pre -Budget Workshop for Fiscal Year 2018/2019 10:40 a.m. Mayor Santellana resumed the meeting at 10:40 a.m. Jim Dockery, Deputy City Manager, presented an overview of the 2018-2019 budget. Christi Klyn, Director of Human Resources presented an overview of pay and benefit comparisons with other comparable cities. John Spragins, Wichita Falls Police Officer's Association President, gave a brief presentation that compared raw data on Police Officer base pay and comparisons with other similar cities. Paul Menzies gave a presentation on tying the cities goals, performance measures, and proposed budget to the City of Wichita Falls Strategic Plan. Presentations on possible outsourcing of custodial services, mowing/ edging/blowing of smaller city parks, and right-of-way mowing were discussed. Russell Schreiber, Director of Public Works, presented an overview of Public Works above current requests and the possibility of joining the 8-1-1 call system. Jim Dockery, Deputy City Manager, presented potential 4B Sales Tax Fund Projects. Darron Leiker, City Manager thanked the staff for their work on the budget and encouraged Councilors to review the budget presentations and contact him with any questions. The draft budget will be sent out to council on August 8, 2018 and the next budget meeting will be a Special Meeting on August 14-15, 2018. Item 12 —Adjourn Mayor Santellana adjourned the meeting at 3:40 p.m. PASSED AND APPROVED this 17th day of July, 2018. Stephen L. Santellana, Mayor ATTEST: Marie Balthrop, TRMC, CMC City Clerk PAGE 6 of 6 PAGES AGENDA ITEM NO. 3. CITY COUNCIL AGENDA July 17, 2018 ITEM/SUBJECT: Resolution authorizing the City Manager to award bid and contract for the 2018 Alley Rehabilitation Project to MH Civil Constructors, Inc. in the amount of $340,000.00. INITIATING DEPT: Public Works STRATEGIC GOAL: Provide Adequate Infrastructure STRATEGIC OBJECTIVE: Complete Public Improvements Projects COMMENTARY: On July 3, 2018, bids were opened for the 2018 Alley Rehabilitation Project. This project is generally described as (1) the removal and replacement of various concrete alleys, and (2) the replacement of failing asphalt paving with reinforced concrete pavement at the Transfer Station Road. The engineer's estimate for this project is $350,000, and such is included in the current FY 2018 budget. The bids received for this project are as follows: COMPANY AMOUNT MH Civil Constructors, Inc. — Amarillo, TX Freeman Paving, LLC — Vernon, TX Duke Holding Co. Inc. — Wichita Falls, TX $ 340,000.00 $ 340,366.00 $ 348,978.00 The specific projects to be completed pursuant to this contract is attached, and construction should require approximately 150 consecutive days to complete. Staff recommends award of the contract to MH Civil Constructors, Inc. in the amount of $340,000.00, based on unit price quantities. ® Director, Public Works ASSOCIATED INFORMATION: Resolution, Bid Tab, Location Map ® Budget Office Review Z City Attorney Review ® City Manager Approval PAGE 1 OF 5 PAGES AGENDA ITEM NO. 4 Resolution No. Resolution authorizing the City Manager to award bid and contract for the 2018 Alley Rehabilitation Project to MH Civil Constructors, Inc. in the amount of $340,000.00 WHEREAS, the City of Wichita Falls has advertised for bids for the 2018 Alley Rehabilitation Project; and, WHEREAS, it is found that the lowest responsible bidder is MH Civil Constructors, Inc. who made a unit price bid with an estimated total of $340,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The unit price bid for the 2018 Alley Rehabilitation Project is awarded to MH Civil Constructors, Inc., in an estimated total amount of $340,000.00, and the City Manager is authorized to execute a contract for the City with said Contractor for the construction of such project. PASSED AND APPROVED this the 17th day of July, 2018. MAYOR ATTEST: City Clerk PAGE 2 OF 5 PAGES AGENDA ITEM NO. 4 VA• •1/1,11 •••• ,A,A" ,A,„„„ MA, L„EW"OOD AVE. T AN SF°E% S TA1 ON ' A S ,F°' E„ STATION ROAD PAGE 4 OF 5 PAGES AGENDA ITEM NO. 4 PA AM AVE. , , I i 1 , r i333. I c I I I I 11 33 ALLEY BErWEEN MIAMI AVE & YORK ST. , I I Ll LI Y I II j 1 Qu. <",[t [ I 1 1 1, 1 1 A1,1,1A UF 1[W,FEN MONTGOMERY P1. & WOLEES'f. 2. A 1,11E;Y 13E IWEEN LAVELL AVE. & !TA flIERS l'ON AVE. 3. ,-/AELEY BETVEEN BOREN AVE. & FOSIER AVE:. PAGE 5 OF 5 PAGES AGENDA ITEM NO. 4 CITY COUNCIL AGENDA July 17, 2018 ITEM/SUBJECT: Public Hearing for ordinance continuing in effect Sections 78-61 through 78-80 of the Wichita Falls Code of Ordinances, which provide a juvenile curfew INITIATING DEPT: Legal COMMENTARY: • August 18, 2015 - The City's juvenile curfew ordinance was last continued; • July 17, 2018 — Required public hearing on juvenile curfew ordinance; • August 7, 2018 — Public hearing on juvenile curfew ordinance and consideration by City Council to abolish, continue, or modify the ordinance. Texas Local Gov't Code §370.002, Review of Juvenile Curfew Order or Ordinance, provides: (a) Before the third anniversary of the date of adoption of a juvenile curfew ordinance by a general -law municipality or a home -rule municipality or an order of a county commissioners' court, and every third year thereafter, the governing body of the general -law municipality or home -rule municipality or the commissioners court of the county shall: (1) (2) (3) review the ordinance or order's effects on the community and on problems the ordinance or order was intended to remedy; conduct public hearings on the need to continue the ordinance or order; and abolish, continue, or modify the ordinance or order. (b) Failure to act in accordance with Subsections (a)(1)-(3) shall cause the ordinance or order to expire.. A copy of the existing Curfew Ordinance is attached hereto. ® City Attorney ASSOCIATED INFORMATION: Existing Curfew Ordinance ❑ Budget Office Review ® City Attorney Review ®City Manager Approval PAGE 1 OF 4 PAGES AGENDA ITEM NO. 5. ARTICLE IV. - CURFEW FOR MINORS Sec. 78-61. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Curfew hours means: (1) 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday, until 6:00 a.m. of the following day; and (2) 12:01 a.m. until 6:00 a.m. on any Saturday or Sunday. Emergency means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term "emergency" includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life. Establishment means any privately owned place of business operated for a profit to which the public is invited, including, but not limited to, any place of amusement or entertainment. Guardian means: (1) A person who, under court order, is the guardian of the person of a minor; or (2) A public or private agency with which a minor has been placed by a court. Minor means any person under 17 years of age. Operator means any individual, firm, association, partnership, or corporation, operating, managing, or conducting any establishment. The term "operator" includes the members or partners of an association or partnership and the officers of a corporation. Parent means a person who is: (1) A natural parent, adoptive parent, or step-parent of another person; or (2) At least 18 years of age and authorized by a parent or guardian in writing to have the care and custody of a minor. Public place means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops. Remain means to: (1) Linger or stay; or (2) Fail to leave premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises. Serious bodily injury means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. (Code 1966, § 20-11(a); Ord. No. 22-2001, § 1, 3-12-2001) Cross reference— Definitions generally, § 1-2. PAGE 2 OF 4 PAGES AGENDA ITEM NO. 5. Sec. 78-62. - Unlawful conduct and defenses. (a) A minor commits an offense if he remains in any public place or on the premises of any establishment within the city during curfew hours. (b) A parent or guardian of a minor commits an offense if he knowingly permits or by insufficient control allows the minor to remain in any public place or on the premises of any establishment within the city during curfew hours. (c) The owner, operator, or any employee of an establishment commits an offense if he knowingly allows a minor to remain upon the premises of the establishment during curfew hours. (d) It is a defense to prosecution pursuant to this section that the minor was: (1) Accompanied by the minor's parent or guardian; (2) On an errand at the direction of the minor's parent or guardian, without any detour or stop; (3) In a motor vehicle involved in interstate travel; (4) Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop; (5) Involved in an emergency; (6) On the sidewalk abutting the minor's residence or abutting the residence of a next- door neighbor if the neighbor did not complain to the police department about the minor's presence; Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the city, a civic organization, or another similar entity that takes responsibility for the minor going to or returning home from, without any detour or stop; (8) Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly; Married or had been married or had disabilities of minority removed in accordance with the Texas Family Code; or (10) Attending an activity supervised by adult sponsors taking responsibility for the minor and each minor has written permission from a parent or guardian to attend the activity; the activity is supervised by an adult sponsor throughout the length of the activity so that a minor may not leave the premises or establishment where the activity is held without a parent, guardian or other adult individual to whom a parent or guardian has given written permission to take the minor from the activity's premises. All ingress and egress to the facility must be controlled by the adult sponsor throughout the duration of the activity to ensure that all minors are in the premises where the activity is held. (e) It is a defense to prosecution under subsection (c) of this section that the owner, operator, or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave. (7) (9) (Code 1966, § 20-11(b)) Sec. 78-63. - Enforcement. PAGE 3 OF 4 PAGES AGENDA ITEM NO. 5. Before taking any enforcement action under this division, a police officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this division unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense is present. (Code 1966, § 20-11(d)) Secs. 78-64-78-80. - Reserved. PAGE 4 OF 4 PAGES AGENDA ITEM NO. 5. CITY COUNCIL AGENDA July 17, 2018 ITEM/SUBJECT: Ordinance amending Chapter 46 of the Code of Ordinances by the addition of Article VIII, Temporary Storage Units; providing a repealer clause; providing for inclusion; providing for severability; and setting an effective date. Applicant: City of Wichita Falls INITIATING DEPT: Community Development/Code Enforcement STRATEGIC GOAL: Accelerate Economic Growth STRATEGIC OBJECTIVE: Support Neighborhood Revitalization/Stabilization COMMENTARY: • January 10, 2018 — Review/discussion by the Planning and Zoning Commission (P&Z) • March 14, 2018 — Review/discussion by the P&Z and input by public • May 9, 2018 — Review/discussion by the P&Z and input by public • June 13, 2018 — Review/discussion by the P&Z and input by public. P&Z recommends approval of proposed ordinance to the City Council by a vote of 8- 1. The dissenting voter stated they preferred units be allowed in excess of the 60 -days provided for in proposed ordinance. • July 17, 2018 — City Council to consider version of ordinance recommended by the P&Z regulating temporary storage units in residential areas. Based on resident complaints over the last few years which coincides with the popularity and increased use of storage units in the City's residential areas, City staff determined no current provisions in city code allow for the placement of temporary storage units (i.e. "pods") in front -yard setbacks of residential properties. The main complaints received related to the extended time the unit(s) remained at a residence, sometimes in excess of six -months to a year or more. As a result, staff researched several other Texas cities that allow for such units. The general intent of the proposed ordinance is to provide for the use of these types of storage units on a temporary basis in residential areas. The proposed ordinance does not affect the existing allowances for these types of storage units in (1) non-residential (commercial) areas, or (2) in all areas as part of an active construction project requiring a City -issued building permit. Key provisions in the proposed ordinance include: • Affects residential properties only; • Unit(s) allowed only on a property that has a primary residential structure (not allowed on vacant lots); PAGE 1 OF 5 PAGES AGENDA ITEM NO. 6.A • Unit(s) shall be placed in front, side, or rear yard on driveway surface or area recognized as driveway surface; • Unit(s) shall not be located in any part of a fire lane, maneuvering lane, public right-of-way, public sidewalk, or visibility triangle; • Unit(s) shall be allowed at any given property for no longer than 60 -days total in any continuous 365 -day period; • Unit(s) shall not exceed a height of 9 %-feet (9.5'), nor be stacked; • Placement of unit(s) as described does not require City permits. Compliance with the provisions of the proposed ordinance will be via the City's general code enforcement/compliance activities. Code officers will monitor such activities as part of their regular patrol routes in their assigned areas. Staff recommends approval of the proposed ordinance providing for and establishing regulations for temporary storage units. This ordinance is recommended to become effective September 1, 2018 to allow outreach opportunities for City staff as to the new regulations. ® Community Development Director ® Assistant Director Community Development / Building Official ASSOCIATED INFORMATION: Exhibit `A' — Examples of Temporary Storage Units; and Exhibit `B' — Proposed Temporary Storage Units Ordinance ❑ Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 2 OF 5 PAGES AGENDA ITEM NO. 6.A Exhibit 'A' — Examples of Temporary Storage Units 001111010,1011111-1, Noi 1�PV fllwl i' Ih{I"u^�� lliu��l I L ",G• wu YI Nei Y pu Ir��I 4rp M1llllllfduum ai°" orVl6tiw nnr;g u� 114VIVIVIIIupalylov 1 iw,1 IhlYd�!Ilrbl6l11IdnIV,;INIJII01111dll 11,1 I�V�`�ti14wVVrflI�tid �rovS�i���IIISdSt��� 1,11111 PAGE 3 OF 5 PAGES AGENDA ITEM NO. 6.A Exhibit `B' - Proposed Temporary Storage Units Ordinance Ordinance No. Ordinance amending Chapter 46 of the Code of Ordinances by the addition of Article VIII, Temporary Storage Units; providing a repealer clause; providing for inclusion; providing for severability; and setting an effective date. WHEREAS, city staff has reviewed this proposal and recommends approval of these amendments to the Code of Ordinances; and, WHEREAS, the City Council concurs with city staff's recommendation to amend the Code of Ordinances at Chapter 46, establishing Article VIII — Temporary Storage Units for the public health and safety of its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1. Chapter 46 of the Wichita Falls Code of Ordinances is hereby amended by the addition of Article VIII — Temporary Storage Units, which shall hereafter read as follows: ARTICLE VIII. — TEMPORARY STORAGE UNITS Sec. 46-320. — Definitions. Residential means a property or lot that contains a residential use or multi -family residential use. Temporary Storage Unit means transportable units designed and used primarily for temporary storage of building materials, household goods, and personal items for use on a limited basis on a property. This definition does not include those portable units used in the removal of municipal solid waste or licensed vehicle. Sec. 46-321 — Temporary Storage Units — General Provisions (a) A temporary storage unit may be placed on residential property but shall not be placed on a property for longer than 60 days in a 365 -day period, unless used in conjunction with a building permit. In such event, it shall be permitted to remain for the duration of the building permit. (b) Location. (1) Front, Side, or Rear yard. Temporary storage units shall be located on an improved surface in a front, side, or rear yard or an area recognized as the primary driveway serving a residence, but shall not be located in any part of a fire PAGE 4 OF 5 PAGES AGENDA ITEM NO. 6.A lane, maneuvering lane, public right-of-way, public sidewalks, visibility triangle, easements, or impair sight distance. (2) Multi -Family Residential Property. When placing the unit on a multi- family residential property, the unit shall be placed on an improved surface as close as possible to the dwelling using the unit. (c) The property where the temporary storage unit is located shall contain a primary residential structure. (d) A temporary storage unit shall not have a height greater than 9-1/2 feet nor shall temporary storage units be stacked. (e) Any unit larger than listed herein will require compliance with all building codes. (f) For enforcement purposes, a temporary storage unit observed on the property is presumed to have been the same temporary storage unit for the entire 60 - day period. Sec. 46-322 — Criminal Penalty (a) Any person who violates this article shall, upon conviction of such violation, be deemed guilty of a Class C misdemeanor and subject to a fine as provided in section 1-14. 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 3. It is the intention of the City Council of the City of Wichita Falls, Texas, that the provisions of this ordinance shall become a part of the Code of Ordinances of the City of Wichita Falls, Texas, and that sections of this ordinance may be renumbered or relettered to accomplish such intention. 4. Should any word, phrase, paragraph, section or portion of this ordinance or the Code of Ordinances, as amended hereby, be held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect. 5. This ordinance shall become effective September 1, 2018. PASSED AND APPROVED this the 17th day of July, 2018. MAYOR ATTEST: City Clerk PAGE 5 OF 5 PAGES AGENDA ITEM NO. 6.A CITY COUNCIL AGENDA July 17, 2018 ITEM/SUBJECT: Ordinance accepting $31,653.00 of grant funds pursuant to the 2017 Edward Byrne Memorial Justice Assistance Grant (JAG) Program (Local Solicitation Award #2017 -DJ -BX -0492), appropriating said funds to the Special Revenue Fund, and authorizing the City Manager to execute all documents necessary to accept and share said funds. INITIATING DEPT: Police STRATEGIC GOAL: Efficiently Deliver City Services STRATEGIC OBJECTIVE: Practice Effective Governance COMMENTARY: At its meeting August 15, 2017, the City Council authorized the submittal to the Department of Justice of the 2017 Edward Byrne Memorial Justice Assistance Grant (JAG) Program grant funding request. Recently, the City was notified of a grant award in the amount of $31,653.00. These funds will be shared by the Wichita Falls Police Department ($17,409.00) and the Wichita County Sheriff's Office ($14,244.00). The Police Department intends to use these funds to assist in the purchase of tire deflation devices for the Patrol Section. Staff recommends approval of the ordinance accepting $31,653.00 said grant funds, appropriating said funds to the Special Revenue Fund, and authorizing the City Manager to execute all documents necessary to accept and share said funds. ® Police Chief ASSOCIATED INFORMATION: Ordinance ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 1 OF 2 PAGES AGENDA ITEM NO. 6.B Ordinance No. Ordinance accepting $31,653.00 of grant funds pursuant to the 2017 Edward Byrne Memorial Justice Assistance Grant (JAG) Program (Local Solicitation Award #2017 -DJ -BX -0492), appropriating said funds to the Special Revenue Fund, and authorizing the City Manager to execute all documents necessary to accept and share said funds WHEREAS, the City of Wichita Falls has been notified that it has been awarded $31,653.00 from the Edward Byrne Memorial Justice Assistance Grant (JAG) Program; and, WHEREAS, these funds will be shared by the Wichita Falls Police Department ($17,409.00) and the Wichita County Sheriffs Office ($14,244.00), co -applicant for such grant; and, WHEREAS, the use of these funds are planned to be used to assist in the purchase of tire deflation devices for the Patrol Section. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City of Wichita Falls hereby accepts the sum of $31,653.00 as awarded by the 2017 Edward Byrne Memorial Justice Assistance Grant (JAG) Program, and said funds are appropriated to the Special Revenue Fund to account for the revenues and expenditures of the program. The City Manager is authorized to execute all documents necessary to accept and share the aforementioned grant funds, including, but not limited to, agreements with granting agencies and with Wichita County. PASSED AND APPROVED this the 17th day of July, 2018. MAYOR ATTEST: City Clerk PAGE 2 OF 2 PAGES AGENDA ITEM NO. 6.B CITY COUNCIL AGENDA July 17, 2018 ITEM/SUBJECT: Ordinance amending Chapter 102, Traffic and Vehicles, Article I — In General, by the addition of 102-4, Oversized Loads, to prohibit the movement of oversized loads within the City limits at certain times; providing a repealer clause; providing for inclusion; providing for severability; and providing an effective date. INITIATING DEPT: Aviation, Traffic, & Transportation STRATEGIC GOAL: STRATEGIC OBJECTIVE COMMENTARY: Via the local permitting authority provided by the state (TxDOT), the City of Wichita Falls prohibits loads exceeding twelve -feet (12.0') in width and/or 95 -feet (95.0') in length from moving on public streets and highways within the city limits between 7 a.m. - 9 a.m. and from 4 p.m. - 6 p.m. Monday through Friday. The intent of this prohibition is to limit any adverse impact(s) of these oversized loads during peak traffic. Recently, TxDOT requested all cities throughout the State formally adopt local ordinances reflecting this provision already for allowed for by the state. Currently, 26 cities and counties throughout the State have some type of time restriction on oversized loads. If approved by Council, this ordinance would restrict loads exceeding twelve -feet (12.0') in width and/or 95 -feet (95.0') in length from moving on public streets and highways within the city limits between 7 a.m. - 9 a.m. and from 4 p.m. - 6 p.m. Monday through Friday. Such will also assist TxDOT in its permitting process for oversized loads from point-to-point throughout the state. Staff recommends approval of this ordinance amendment. ® Director, Aviation, Traffic, & Transportation ASSOCIATED INFORMATION: Ordinance ❑ Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 1 OF 3 PAGES AGENDA ITEM NO. 6.c Ordinance No. Ordinance amending Chapter 102, Traffic and Vehicles, Article I — In General, by the addition of 102-4, Oversized Loads, to prohibit the movement of oversized loads within the City limits at certain times; providing a repealer clause; providing for inclusion; providing for severability; and providing an effective date WHEREAS, the City of Wichita Falls is responsible for managing traffic on its streets and roadways; and, WHEREAS, oversized loads greater than 12 -foot in width and/or 95 -foot in length may negatively impact traffic flow and safety; and, WHEREAS, the City of Wichita Falls desires to manage oversized loads traveling within and through the city limits at certain times. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Section 1. Chapter 102, "Traffic and Vehicles," Article 1, "In General," is hereby amending by adding Section 102-4, "Oversized Loads," as set out below: Sec. 102-4 Oversized Loads Vehicles carrying or pulling loads exceeding 12 -foot maximum width and/or 95 - foot in maximum length shall be prohibited from operating on public streets and highways within the city limits Monday through Friday from 7 AM to 9 AM and 4 PM to 6 PM. Section 2. Any person, firm, or corporation violating any provisions of this article shall be guilty of a misdemeanor and upon conviction shall be subject to a fine as provided for in 1-14. Each day of such violation shall constitute a separate offense. Section 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4. It is the intention of the City Council of the City of Wichita Falls, Texas, that the provisions of this ordinance shall become a part of the Code of Ordinances of the City of Wichita Falls, Texas, and that sections of this ordinance may be renumbered or relettered to accomplish such intention. Section 5. Should any word, phrase, paragraph, section or portion of this ordinance or the Code of Ordinances, as amended hereby, be held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said PAGE 2 OF 3 PAGES AGENDA ITEM NO. 6.c ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect. Section 6. This ordinance shall become effective August 17, 2018. PASSED AND APPROVED this the 17th day of July, 2018. MAYOR ATTEST: City Clerk PAGE 3 OF 3 PAGES AGENDA ITEM NO. 6.c CITY COUNCIL AGENDA July 17, 2018 ITEM/SUBJECT: Ordinance authorizing the City Manager to execute all documents necessary to apply for and accept up to $50,000 in Texas Department of Transportation Aviation Division Routine Airport Maintenance Program (RAMP) Funds for FY 2019 Projects at Kickapoo Downtown Airport and appropriating said funds and the City's match of $50,000 into the Special Revenue Fund INITIATING DEPT: Aviation, Traffic, & Transportation STRATEGIC GOAL: Provide adequate infrastructure STRATEGIC OBJECTIVE: Complete signature public improvement projects COMMENTARY: The Routine Airport Maintenance Program (RAMP) is sponsored by the Texas Department of Transportation's (TxDOT) Airports Division. This is a 50% matching program where TxDOT allows for reimbursement on various projects up to $50,000. As a result, the City's local match is $50,000 for a combined scope of impact of $100,000. The program includes "lower cost" airside and landside airport capital and maintenance improvements. Examples of eligible airside projects include runway repair/ maintenance, pavement markings, sweeping, airfield lighting repairs and herbicide applications. Landside projects include drainage projects, fencing, automated weather equipment maintenance, terminal and hanger repair, and security cameras. The City of Wichita Falls will pay the invoice on the project, and then request reimbursement from TxDOT for 50% of the eligible work. The RAMP grant is an item budgeted within the Kickapoo Downtown Airports Division for FY 2019. As a result, matching funds are available to participate in this program. Approval will allow City staff to begin reimbursement activities for future projects beginning October 1, 2018. Staff recommends the City Council approve the ordinance allowing the City Manager to execute all documents related to the application for and acceptance of the described grant funds. ® Director, Aviation, Traffic, & Transportation ASSOCIATED INFORMATION: Ordinance ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 1 OF 2 PAGES AGENDA ITEM NO. 6.D Ordinance No. Ordinance authorizing the City Manager to execute all documents necessary to apply for and accept up to $50,000 in Texas Department of Transportation Aviation Division Routine Airport Maintenance Program (RAMP) Funds for FY 2019 Projects at Kickapoo Downtown Airport and appropriating said funds and the City's match of $50,000 into the Special Revenue Fund WHEREAS, the City of Wichita Falls is responsible for repair and maintenance items at Kickapoo Downtown Airport; and the City desires to maintain the Airport to better serve general aviation operations; and, WHEREAS, possible funding for such project repair and maintenance items may be available from the Texas Department of Transportation's Aviation Division beginning October 1, 2018; and, WHEREAS, the City will apply for reimbursement from the Texas Department of Transportation's Routine Airport Maintenance Program up to $50,000 for assistance in completing various repair and maintenance items; and, WHEREAS, approval of these funds has been anticipated prior to the adoption of the Airport's FY 2018 — FY 2019 budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is authorized to execute all documents necessary to pursue, apply for, and accept Texas Department of Transportation Aviation Division Routine Airport Maintenance Program funds for FY 2019 for repair and maintenance work at Kickapoo Downtown Airport, as described above. There is hereby appropriated into the Special Revenue Fund $50,000 from the Texas Department of Transportation and $50,000 from the Airport Fund for the above-described activities. PASSED AND APPROVED this the 17th day of July, 2018. MAYOR ATTEST: City Clerk PAGE 2 OF 2 PAGES AGENDA ITEM NO. 6.D CITY COUNCIL AGENDA July 17, 2018 ITEM/SUBJECT: Ordinance authorizing the City Manager to execute all documents necessary to apply for and accept up to $50,000 in Texas Department of Transportation Aviation Division Routine Airport Maintenance Program (RAMP) Funds for FY 2019 Projects at Wichita Falls Regional Airport and appropriating said funds and the City's match of $50,000 into the Special Revenue Fund INITIATING DEPT: Aviation, Traffic, & Transportation STRATEGIC GOAL: Provide adequate infrastructure STRATEGIC OBJECTIVE: Complete signature public improvement projects COMMENTARY: The Routine Airport Maintenance Program (RAMP) is sponsored by the Texas Department of Transportation's (TxDOT) Airports Division. This is a 50% matching program where TxDOT allows for reimbursement on various projects up to $50,000. As a result, the City's local match is $50,000 for a combined scope of impact of $100,000. The program includes "lower cost" airside and landside airport capital and maintenance improvements. Examples of eligible airside projects include runway repair/ maintenance, pavement markings, sweeping, airfield lighting repairs and herbicide applications. Landside projects include drainage projects, fencing, automated weather equipment maintenance, parking equipment, passenger boarding bridge, terminal and hanger repair, and security cameras. The City of Wichita Falls will pay the invoice on the project, and then request reimbursement from TxDOT for 50% of the eligible work. The RAMP grant is an item budgeted within the Wichita Falls Regional Airports Division for FY 2019. As a result, matching funds are available to participate in this program. Approval will allow City staff to begin reimbursement activities for future projects beginning October 1, 2018. Staff recommends the City Council approve the ordinance allowing the City Manager to execute all documents related to the application for and acceptance of the described grant funds. ® Director, Aviation, Traffic, & Transportation ASSOCIATED INFORMATION: Ordinance ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 1 OF 2 PAGES AGENDA ITEM NO. 6.E Ordinance No. Ordinance authorizing the City Manager to execute all documents necessary to apply for and accept up to $50,000 in Texas Department of Transportation Aviation Division Routine Airport Maintenance Program (RAMP) Funds for FY 2019 Projects at Wichita Falls Regional Airport and appropriating said funds and the City's match of $50,000 into the Special Revenue Fund WHEREAS, the City of Wichita Falls is responsible for repair and maintenance items at the Wichita Falls Regional Airport; and the City desires to maintain the Airport to better serve both commercial and general aviation operations; and, WHEREAS, possible funding for such project repair and maintenance items may be available from the Texas Department of Transportation's Aviation Division beginning October 1, 2018; and, WHEREAS, the City will apply for reimbursement from the Texas Department of Transportation's Routine Airport Maintenance Program up to $50,000 for assistance in completing various repair and maintenance items; and, WHEREAS, approval of these funds has been anticipated prior to the adoption of the Airport's FY 2018 — FY 2019 budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is authorized to execute all documents necessary to pursue, apply for, and accept Texas Department of Transportation Aviation Division Routine Airport Maintenance Program funds for FY 2019 for repair and maintenance work at Wichita Falls Regional Airport, as described above. There is hereby appropriated into the Special Revenue Fund $50,000 from the Texas Department of Transportation and $50,000 from the Airport Fund for the above-described activities. PASSED AND APPROVED this the 17th day of July, 2018. MAYOR ATTEST: City Clerk PAGE 2 OF 2 PAGES AGENDA ITEM NO. 6.E CITY COUNCIL AGENDA July 17, 2018 ITEM/SUBJECT: Ordinance authorizing the issuance and sale of City of Wichita Falls, Texas General Obligation Bonds, Series 2018A; levying an annual ad valorem tax and providing for the security for and payment of said bonds; approving the official statement and instruments and procedures relating to said bonds; providing an effective date; and enacting other provisions relating to the subject INITIATING DEPT: City Manager's Office STRATEGIC GOAL: Provide Adequate Infrastructure STRATEGIC OBJECTIVE: Plans for Future Infrastructure Bond Elections COMMENTARY: On May 5, 2018, the voters of Wichita Falls approved the issuance of 20 -Year General Obligation Bonds in the amount of $17.3 million for street improvements. Specifically, $11 million is earmarked for routine street improvements across the entire city limits; $1.6 million for the extension of Maplewood Avenue from Lawrence Road to McNeil Avenue; and $4.7 million for the widening of Taft Boulevard from FM 369 to FM 2380. The City staff and its financial advisers have put together the marketing materials to be used to sell these bonds, and at today's meeting we will hear from Murphy Davis, City's Financial Adviser, on the results of that bond sale. Mr. Davis has previously estimated the annual debt service on this issue to be approximately $1,190,000 per year, which would be paid for with an increase to the City's property tax rate. Latest estimates indicate that this increase in annual debt service would result in an increase of 2.39 cents per $100 of assessed property value. We will know exactly how much the tax rate will need to increase to finance this debt upon the completion of the sale of the bonds, and the certification by the Chief Appraiser of the Wichita County Appraisal District of the total taxable property value on the tax roll for the 2018 tax year. These numbers will be included in the 2018-19 preliminary budget presented by the City Manager in August. ® Deputy City Manager ASSOCIATED INFORMATION: Ordinance ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 1 OF 27 PAGES AGENDA ITEM NO. 6.F ORDINANCE NO. .AN ORDINANCE AITHIORIZING THE ISSI1ANCE AND SALE OF CITY 01 W IC IIITA FALLS, rEXAS GENERAL OBLIGATION BONDS, SERIES 2018A; LEVYING AN ANNI AL AD VA LORENI TAX ANI) PROVIDING FOR THflE SECURITY FOR AND PAVA1ENI OF' SAID BONDS; APPROVING TICE OFFICIAL sTATEMENT AND INS'IR JNIENTS ANI) PROC tRES REIA'fING "TO SAID BONDS; PROVIDING AN EFFEC'EIVE DATE; INDA ENACTING OTHER PROVISIONS RELATING -Po THE SUBJECT "ITIE Sl'Al'E OF TEXAS COUNTY OF WICHITA CITY OF WICHITA FALLS WHEREAS, by 'virtue of an election held within the City of 'Wichita Falls, '17exa,s ("the Issuer") on May 5, 2018, this City Council became authorized to issue, sell and deliver the general obligation bonds of the Issuer, of which there have been .issued .heretofore, are authorized to be issued by this Ordinance, and remain authorized but unissued hereafter, as described in Schedule I attached hereto and incorporated herein; WHEREAS, this City Council .finds and determines that it is necessary and proper 10 order .the issuance, sale and delivery of such voted bonds; WHEREAS, the Bonds hereinafter authorized to be issued are to be issued, sold and delivered pursuant to the general laws of the State ofTexas, including Texas Government Code, Chapter 1331, as amended; and WHEREAS, it is officially found, determined, and declared that the meeting at which this Ordinance has been adopted was open to the public and public notice of the time, place and subject matter of the public business to he considered and acted upon at said meeting, including this Ordinance, was given, all as required by the applicable provisions of 'texas Ciovernment Code, Chapter 551; Now, 'Therefore BE IT ORDAINED BY THE (.7.117Y COUNCIL., OE lIIE CIF Y OF WICHITA FALLS, TEXAS: Section 1. RECITALS, AmouNT AND PURPOSE OFTTIE BONDS. Tie recitals set forth in the preamble hereof are incorporated herein and shall have the same force and effect as if set forth in this Section. The bonds of the City of Wichita Falls, Texas Ithe "Issuer") are hereby authorized to be issued and delivered in the aggregate principal amount of fir the public purposes ni (i) designing, constructing, improving, extending, expanding, upgrading and developing streets, roads„ thoroughfares and related improvements in the Issuer, including the extension of Maplewood Avenue from Lawrence Road lo IVIcNiel Avenue and the widening of Taft Boulevard from EM 369 to FM 2380 and construction of related drainage improvements, with any remaining bond proceeds to be used for design, construction,. rehabilitation and improvement of such other streets and roads, as the City Council may detenmne; and (ii) paying the costs associated with the issuance atilt Bonds. Section 2. DESIGNATION, DA'flI, DENOMINATIONS, NUMBERS, MATURITIES AND INTEREST RATES OF BONDS. Each bond issued pursuant to this Ordinance shall be designated: '(11Y OF WICHITA FALLS, '!EXAS GENERAI, OBLIGATION BOND, SERIES 201RA," and initially there shall be issued, sold, and delivered hereunder one fully registered bond, without interest coupons, dated )kugust 1, 2018, in the principal amount stated above and in the denominations hereinafter stated, numbered 1-], with bonds issued in replacement thereof being in the denominations and principal amounts hereinafter stated and numbered consecutively from R-1 upward, payable to thc respectix.c Registered Owners thereof PAGE 2 OF 27 PAGES AGENDA ITEM NO. 6.F (with 1i initial bond being made payable to the initial purchaser as described in Section 9 hereof), or to the registered assignee or assignees of said bonds or any portion or portions thereof (in each case, the Registered Owner"), and said bonds shall mature and be payable serially on September 1 in each of the years and in the principal amounts, respectively, and shall bear interest calculated on the basis of a 360 -day year conmosed of twelve 30 -day months from the dates set forth in the FORM OF BOND set forth in this Ordinance to their respective dates of maturity or redemption prior to maturity at the rates per annum, as set forth in the following schedule: Principal Interest Years Amounts ($) Rates (IO) [he term "Bonds" as used in this Ordinance shall mean and include collectively the bonds initially issued and delivered pursuant to this Ordinance and all substitute bonds exchanged theretbr, as well as all other substitute bonds and replacement bonds issued pursuant hereto, and the term "Bond" shall mean any of the Bonds. Section 3. CHARACTERISTICS OFTHE BONDS,. (a) Appointment of Paying Agent/Registrar. The Issuer hereby appoints 'Ihe Bank of New York ,Mellon -I rust Company, N.A., Dallas, 1exas, to serve as paying agent and registrar for the 13onds (the "Paying Agent/Registrar"). the Mayor or City IVIanager is authorized and directed to execute and deliver in the name and on behalf of the Issuer a Paying Agent/Registrar Agreement with the Paying Agent/Registrar. (b) Registration, Transfer, Conversion and Exchange. The Issuer shall keep or cause to be kept al the corporate trust office ot the Paying Agent/Registrar books Or records for the registration of the transfer, conversion and exchange of the Bonds (the "Registration Books"), and the Issuer hereby appoints the Paying ,Agent/Registrar as its registrar and transfer agent to keep such books or records and make such registrations oftransfers, conversions and exchanges under such reasonable regulations as the Issuer and Paying .Agerd/Registrar inay prescribe; and the Paying Agent/Registrar shall make such registrations, transfers, conversions and exchanges as herein provided within three days of presentation in due and proper form. The Paying Agent/Registrar shall obtain and record in the Registration Books the address of the iegistcred owner of each Bond to which payments with respect to the Bonds shall be mailed, as herein provided; but it shall be the duty of each registered owner to notify the Paying Agent/Registrar in writing of the address to which payments shall be mailed, and such interest, payments shall not be mailed unless such notice has been given. The Issuer shall have the light to inspect the Registration Books during regular business hours of the Paying AgentRegistrar, butotherwise the Paying Agent/Registrar shall keep the Registration Bools confidential and, unless otherwise required by law, shall not permit their inspection by any other entity. Ihe Issuer shall pay the Pi in Ag,ent/Registrar's standard or c us to mary lees itt d charges for making such registration, transfer, conversion, exchange and delivery of a substitute 1.3ond or Bonds. Itegistration of assignments, transfos, conversions and exchanges of Bonds shall be made in the manner provided and with the effect stated in the FORM OF BOND sit forth in this Ordinance. Each substitute I3ond shall bear a tetter and/or number to distinguish it -from each other .1.3ond. (c) Authentication. Except as provided in subsection (j) of this section, an authorized representative of the Paying Agent/RegiSh-ar sh before the delivery of any such Bond, date anal manually 2 PAGE 3 OF 27 PAGES AGENDA ITEM NO. 6.F sign said Bond, and no such Bond shall be deemed to be issued or outstanding unless such Bond is so executed. The Paying AgentRegistrar promptly shall cancel all paid Bonds and Bonds surrendered for convinsi on and exchange. No additional ordinances, orders or resolutions need be passed 01 adopted by the governing body of the Issuer 01 any other body or person so as 10 accomplish the foregoing conversion and exchange of any Bond or portion thereof, and the Paying Agent/Registrar shall provide for the printing, execution and delivery of the substitute Bonds in the manner prescribed herein. Pursuant to Subchapter 1). Chapter 1201, 'Iexas Government Code, the duty of conversion and exchange of Bonds as aforesaid is hereby imposed upon the Paying Agent/Registrar, and, upon the execution of said Bond, the converted and exchanged Bond shall be valid, incontestable, and enforceable in the same manner and with the same effect as the Bonds which initially were issued and delivered pursuant to this Ordinance, approved by the Attorney General, and registered by the Comptroller of Public Accounts. (d) Payment of Principal and interest. The Issuer hereby Iiirther appoints the Paying Agent/Registrar to act as the pitying agent for paying the principal of and interest on the Bonds, all as provided in this ()I-din:ince, The Pitying /Xgent/Registrar shall keep proper records of all payments made by the Issuer and the Paying Agent/Registrar with respect to the Bonds, and of all conversions and exchanges of Bonds, and all replacements of Bonds, as provided in this Ordinance. frowever, in the event of a nonpayment of interest on a scheduled pin/mein date, and for thirty (30) days thereirfter, a DCW Fecord date for such interest payment (a -Special Record Data:" ) vitt be established by the Paying Agent/Registrar, if and when funds for the payment of -such interest have been received from the Issuer. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be fifteen (15) days after the Special Record Date) shall be sent at least live (5) business days prior to the Special Record Date, by United States mail, first class postage prepaid, to the address of each registered owner appealing on the Registration Books at the close of business on the last business day next preceding the dale of mailing of such notice. (c) Payment to Registered Owner, Notwithstanding any other provision of this Ordinance to the contrary, the Issuer and the Paying Agent/Registrar shall be entitled to treat and consider the person in whose name each Bond is registered in the Registration Books as the absolute owner of such Bond for the purpose of payment of principal and interest with respect to such Bond, for the pmpose of registering transfers with respect to such Bond, and for all other purposes whatsoever. The Paying Agent/Registrar shall pay all principal of and interest on the Bonds only to or upon the order of the registered OWIleTS, as shown in the Registration Books as provided in this Ordinance, or their respective attorneys duly authorized in writing, and all such payments shall be valid and effective to fully satisfy and discharge the issuer's obligations with respect 10 payment of principal of and interest on the Bonds to the extent of the SUM or SUMS so paid, No person other than a registered owner, as shown in the Registration Books, shall receive a :Bond certificate evidencing the obligation id the Issuer to make payments of principal and interest pursuant to this Ordinance. (1) Paving Agent/Registrar. The issuer covenants with the registered owners of the Bonds that at all times while the Bonds are outstanding the Issuer will provide a competent and legally qualified bank, trust comprmyfinancial institution or other agency to act as and perform the services Of Paying )kgent/Registrar for the Bonds under this Ordinance, and that the Paying Agent/Registi.ar will be one entity. By accepting the position and performing as such, each Paying Agent/Registrar shall be deemed to have agreed to the provisions of this Ordinance, and a certified copy of this Ordinance shall be delivered 10 each Paying Agent'Rcgistrar. (g) Substitute Paying Agent/Registrar. The Issuer reserves the right to, and may, at its option, change the Paying Agent/Registrar upon not less than one hundred -twenty (120) days written notice to the Paying AgentiRegistrar, to be effective not later than sixty (60) days prior to the next principal or interest 3 PAGE 4 OF 27 PAGES AGENDA ITEM NO. 6.F payment date after such notice. In the event that the entity at any time acting as Paying Agent/Registrar (or its successor by merger, acquisition, or other method) should resign or otherwise cease to act as such, the Issuer covenants that, promptly it will appoint a competent and legally qualified bank, trust company, financial institution, or other agency to act as Paying Agent/Registrar under this Ordinance. Upon any change in the Paying .Agent/Registrar, the previous Paying AgenLRegistrar promptly shall transfer and deliver the Registration Books ora(copy thereof), along with all other pertinent books and records relating to the Bonds, to the new Paying Agent/Registrar designated and appointed by the Issuer. Upon any change in the Paying Agent/Registrar, the Issuer promptly will cause a NNTIttelk notice thereof to be sem by the new Paying Agent/Registrar to each registered owner of the 13onds, by 'United States mail, first-class postage prepaid, which notice also shall give the address of the new Paying Agent/Registrar. (h) Book-Enlry Only System, The Bonds issued in exchange for the Bonds initially issued to the purchaser or purchasers specified herein shall be initially issued in the form of a separate single fully registered Bond kir each ()I' the rnatuities thereof and the ownership of each such Bond shall be registered in the name of Cede & Co,, as nominee of The Fkpository 'Trust Company, New York, New York (-DIV"), and except as provided in subsections (1) and (k) of this Section, all of the outstanding Bonds shall be registered in the name of Cede & Co as nominee of DTC. (i) Blanket letter of Representations. 'The previous execution and del iVCry of the Blanket Letter of Representations with respect to obligations of the Issuer is hereby ratified and confirmed; and the provisions thereof shall be fully applicable to the Bonds. Notwithstanding anything to the contrary contained herein, while the Bonds are subject to DTC's Book -Entry Only System and to the extent permitted by law, the Letter of 'Li:presentations is hereby incorporated herein and Is provisions shall prevail over any other provisions of this Ordinance in the event of conflict (j) Bonds ReOstered in the Name of Cede & Co. With respect to Bonds registered in the name of Cede & Co., as nominee of DIC, the Issuer and the Paying Agent/Registrar shall have no responsibility or obligation to any securities brokeiN and dealers. banI(.s, trust companies, clearing corporations and certain other organizations on whose behalf 1)1`(..' was created (-DIC Participant") to hold securities to facilitate the clearance and settlement of securities transactions among DTC Participants or to any person on behalf of whom such a OTC Participant holds an interest in the Bonds. Without litnihing the inn-netball:1y preceding sentence, the Issuer and the Paying Agent/Registrar shall have no responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any 1)TC Participant with respect to any ownership interest in ihe Bonds, (ii) the delivery to any DIV Participant orany other person, other than a registered owner of Bonds, as shown on the Registration Books, of any notice with respect lo 111Q Bonds, or (iii) the payment to any DIC Participant or any other person, other than a registered owner of Bonds, as shown in the Registration Books of any amount with respect to principal of or interest on the Bonds. Upon delivery by DTC to the Paying AgentiRegistrar of written notice to the effect that DTC has determined to substitute. a new nominee in place of Cede & Co_ and subject to the provisions in this Ordinance with respect to interest checks being mailed to the registered owner at the close of business on the Record date, the words "("ede & ( o." in this Ordinance shall refer to such new nominee of 1)TC, (k) Successor Securities Depository'. 'Transfers thrtside Book-Enny Only System. In the event that the Issuer determines that DTC is incapable of discharging its responsibilities described herein and in the representation letter of the issuer to DTC or that it is in the best interest of the beneficial owners of the Bonds that they be able to obtain certificated Bonds, the Issuer shall (i) appoint a successor securities depository, qualified to act as such under Section 17A of the Securities and Exchange Act of 1934, as amended, notify DIC and DTC Participants of the appointment of such successor securities depository and transfer one or more separate I3onds to such successor securities depositoly Of (ii) notifyDIV and arc Participants of the availability through 1,,YIC of Bonds and transfer one or more separate Bonds to IXIC PAGE 5 OF 27 PAGES AGENDA ITEM NO. 6.F Participants having Bonds credited to their C accounts. In such event, the Bonds shall no longer be restricted to being registered in the Registration Books in the name of(.dc & Co., as nominee of DTC, but may be registered in the more of the successor securities thpositoiy, or its nominee, or in Ivhatever name or names registered owners transferring or exchanging Bonds shall designate, in accordance with thc provisions of this Ordinance. (1) Payments to Cede & Co, Notwithstanding any other provision of this Ordinance to the contrary, so long as any Bond is registered in the name of Cede & Co., as n0111ine of DTC, all payments with respect to principal of and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, in the manner provided in the representation letter ()late Issuer to 0)T. (m) General Characteristics of the Bonds. The Bonds (i) shall be issued in fully registered form, without interest coupons, with the principal of and interest on such Bonds to be payable only to the Registered ("Jwners thereof, (U) may and shall be redeemed prior to their scheduled maturities, (iii) may be transferred and assigned, (ik^) may be converted and exchanged for other Bonds, (v) shall have the charactoistics, (vi) shall be signed, sealed, executed and authenticated, (vii)the principal of and interest on the Bonds shall be payable, and (viii) shall he administered and the Paying Agent/Registrar and the Issuer shall have certain duties and responsibilities with respect to the flonds, all as provided, and in the manner and to the effect as required or indicated, in the FORM OF BOND set forth in this Ordinance. The Bonds initially issued and delivered pursuant to this Ordinance. is not required to be, and shall not be, authenticated by the Paying Agent/Registrar, but on cite!) substitute Bond issued in c,onversion of and exchange for any 1,30nd or Bonds issued under this Ordinance the Paying Agent/Registrar shall execute the Paying Agent/registrar's Authentication Bond, in the FORM OF BOND set forth in this Ordinance,. (n) Cancellation of Initial Bond. On the closing date, onc initial Bond representing the entire principal amount of the Bonds, payable in stated installments 10 the order of the initial purchaser of the Bonds or its designee, executed by manual or facsimile signature of the Mayor and City Clerk, approved by the Attorney Cieneral of 'I exas, and registered and manually signed by the Comptroller of Public Accounts of the State of Texas, will be delivered to such purchaser or its designee. Upon payment for the initial I3ond, the Paying Agent/Registrar cancel the initial Bond and deliver to DTC on behalf of such purchaser (Inc registered definitive Bond each year of maturity of the Bonds, in the aggregate mincipal amount of all of the Bonds for such min uri ty, registered in the name of Cede & Co., as nominee of DIC. To the extent that the Paying Agent/Registrar is eligible to participate in DTC's FAST System, pursuant to an agreement between the Paying Agent/Registrar and D'I(.7, the Paying Agent/Registrar shall hold the definitive, Bonds in ii;ifekeeping for DTC Section 4. FORM OF Bc)NDS. 'Me form of the Bonds, including the fano of Pitying Agent/Registrar's Authentication Certificate, the form ()I' Assignment and the form (if Registration Certificate of the Comptroller of Public. Accounts. of the State of Texas to be attached to the Bonds initially issued and delivered pursuant to this ()rdinanee, shall be, respectively, substantially as Ibilows, with such impromi ate variations, omissions or insertions as are permitted 011quired by this ('')rdinance. (a) Form of Bond. NO, R - UNEDFD STATES OF AMERICA STATE (DE TEX.AS C.'„01„.1.NTY 01 WRITIITA CITY ()F TEXAS GENERAL OBLIGATION BOND,. SERIES 2018A 5 AIMOUNT PAGE 6 OF 27 PAGES AGENDA ITEM NO. 6.F Interest Rate Delivery Date REGISTERED OWNER: Maturity Date CUSIP No, August 21, 201 8 September 1, PRINCIPAL AMOI INT: DOLLARS ON '11.11i INAA'FURFIY DATE specified above, the City of Wichita Falls, in Wichita County, Texas (the "Issuer"), being a political subdivision and municipal corporation of the State of Texas, hereby promises to i to the Registered ()Avner specified above, or registered assigns (hereinafter called the "Registered Owner"), on the 11.4atur1y 1.)ate specified above, the Principal Amount specified above. lbe Issuer promises to pay interest on the unpaid principal amount hereof (ciilculated on the basis of a 360 -day year of twelve 30 -day months) from the Delivery Date specified above at the Interest Rate per annum specified above. Interest is payable on March 1, 2019, and semiannually on each September 1 and March 1 thereafter to the .Maturity Date specified above, or the date of redemption prior to inaturity; except,, if this Bond is required to be authentieated and the date of its authentication is later than the first Record Date (hereinafter defined), such Principal Amount shall bear interest from the interest payment dale next preceding the date of authentication, unless such dine at -authentication is after any Record Dale but on or helbre the next following interest payment date, in which case such principal amount shall bear interest from such next following interest payment date; provided, however, that if on the dale of authentication hereof the interest on the 13ond or Bonds, if any, for which this Bond is being exchanged is due but has not been paid, then this Bernd shall bear 'interest from the date to iyhich such interest has been paid in full. THE PRINCIPAL OE AND INTEREST ON this Bond are payable in lawful money of the IInited States of America, without exchange or collection charges. The principal of this Bond shall he paid to the registered owner hereof upon presentation and surrender of this Bond at maturity, or upon the date fixed tor ns redemption prior to maturity, at the principal corporate trusl office of The Bank of New York Mellon 'Trust Company, N. A_, Dallas, 'Texas, which is the "Paying Agent/Registnir" for this Bond, 'the payment of interest on this Bond shall be made by the Paying Agent/Registrar to the registered owner hereof on each interest payment date by check or draft, dated as o'f' such interest, payment date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the Issuer required by the ordinance authorizing the issuance of this Bond (the "Bond (>rdinance') to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such check or draft shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, on each such interest payment date, to the registered owner hereof, at its address as it appeared ai the close of business on the 15th business day of the month ()receding each such date (the "Record Date") on the Registration I3ooks kept by the Paying Agent/Registrar, as hereinafter described, In addition, interest may be paid by such other method, acceptable to the Paying Agent/Registi.ar, requested by, and at the risk and expense of the registered owner. In the event of a non- payment of interest on a scheduled payment date,and for thirty (30)days thereafter, a TWIN record date for such interest payment (a -Special Record Date") will be established by the Paying Agent/Regisirar, if and when funds lor the payment of such interest have been received from the Issuer. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall he fifteen (15) days alter the Special Record Date) shall be sent at least five (5) business days prior 10 the Special Record Date by United Slates mail., firs1-elass postage prepaid, to the address of each owner of a Bond appearing, on the Registration Books al the close of business on the last business day next preceding the date of mailing of such notice. PAGE 7 OF 27 PAGES AGENDA ITEM NO. 6.F ANY AC('R !El) INT EREST due at maturity or upon the redernpti on of this Bond prior to maturity as provided herein shall be paid to the registered owner upon presentation and surrender of this I3ond for payment or redemption at the principal corporate trust office of the Paying Agent/Registrar. The Issuer covenants with the registered owner of this Bond that on or before each principal payment date and interest payment date for /his Bond it will make available to the Paying Agent/Registrar, from the -Interest and Sinking Fund" created by the I3ond Ordinance, the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on the Bonds, when due. IF THE DAiTE fl,r the payment of the principal of or interest on this Bond shall he a Saturday, Sunday, a legal holiday or a day on which banking institutions in the where the principal comorate trust office c)I the Paying Agenti`Registrar is located are authorized by law or executive order to dose, then the date for 5 LICA payment shall be the next succeeding day than is not $11C11 a Saturday, Sunday, legal holiday or day on which banking institutions ate inithorized to dose; and payment on such dale shall have the same force and effect as if made on the original date payment was due. TIES BOND is one cilia series of Bonds dated August 1, 201g, authorized in accordance with the Constitution and laws of the State off exas in the principal amount of lint designing, constructing, itnproving, extending, expanding, upgrading and developing streets, roads, thoroughthres and related improvements in the Issuer, including the extension of Maplewood Avenue trom Lawrence Road to NIcNiel Avenue and the widening of Taft Boulevard from FM 369 to PM 2380 and construction of related drainage iinprovements, with any remaining bond proceeds to be used for design, construction, rehabilitation and improvement of such other streets and roads as the City Council may determine; and paying the costs associated with the issuance of the Bonds. ON SEPTEMBER I, 2027, OR ON ANY DATE THEREAFTER, the Bonds of this series may he redeemed prior to their scheduled ma(urities, at the option of the Issuer, with funds derived from any available and lawful source, as a whole, 01 10 part, and, if in part, the particular Bonds, or portions thereof, to be redeemed shall be selected and designated by the Issuer (provided that a portion of a Bond tray be redeemed only in an integral multiple of S5,000), at a redemption price equal to the principal amount to be redeemed plus ace med interest to the date fixed for redemption. WITH RESPECT To ANY OPTIONAL REDEMPIR)N OF THE BONDS, k11110.5 certain jirerequisites to such redemption required by this Ordinance. have been Mei and moneys sufficient to pay the principal of and premium, if any, and 'interest on the Bonds to be redeemed shall have been received by the Paying Agent/Registrar prior 101he giving of:such notice of redemption, such notice shall state that said redemption may, at the option of the Issuer, be conditional upon die satisfaction of such prerequisites and receipt of such moneys by the Paying Agent/Registrar on or prior to the date fixed for such redemption, or upon any prerequisite sct forth ill such nob ce. of redemption. If a notice of conditional redemption is given and such prerequisites to the redemption and sufficient moneys are not received, such notice shall be alio tbrce and effect, the Issuer shall not redeem such Bonds and the Paying Agent/Registrar shall give notice, in the manner in which the notice of redemption was given, to the effect that the Bonds have not been redeemed. 11711E1302\IDS scheduled 10 mature on September 1 in the years 20 and 20 (the "Tcnii Bonds') are subject to scheduled mandatory sinking fund redernpti on by the Paying AgentiRegistrar by lot, or by any other cum rimtuy meth/AMA results in a random selection, at a price equal to the principal amount thereof, plus accrued interest to the redemption date, out of moneys available for such purpose in the interest and sinking fund for the Bonds, on each September of the yeat's, and in the respectivie piiincipal amounts, as set forth in the I/Mowing schedule: 7 PAGE 8 OF 27 PAGES AGENDA ITEM NO. 6.F Term Bond Maturity: September 1, 20 Year Principal Amount ($) (stated maturity) The principal amount of '.11ferin Bonds of a stated maturity. required 10 be redeemed on any .mandatory redemption date pursuant to the operation of the mandatory siaing fund redemption provisions shall he reduced, at the option of the Issuer, by the principal amount of any Term. Bonds of the .same maturity which, 111east fOrty -live (45) days ploy to a 'mandatory redemption &tie (1) shall have been iicquiredby the Issuer and delivered to the Paying Agent/Registrar for cancellation, or (2) shall have beenredeemed pursuant to the optional redemption provisions and not theretotbre credited against a mandatoly redemption requirement.11 Al 1EAST TITII;ITY (30) days prior to the date fixed Mr any redemption of Bonds or portions thereof iftior to maturity a written notice of such redemption shall be sent by the Paying Agent/Registrar by United States mail, fiiNt-cl ass postage piepaid, at least thirty (30) days prior to the date fixed for any such redemption, to the registered owner of each Bond 10 be redeemed at its address as it appeared on the 45th day pito]. to such redemption date; provided, however, that the failure of the registered owner 10 receive such notice, or any defect therein or in the sending or mailing thereof shall not affect the validity or effectiveness of the proceedings for the redemption ofany Bond. By the date fixed for any such redemption due provision shall be made with the Paying .Agent/Regis1rar for the payment of the required redemption mice for the Bonds or portions thereof that are 10 be so recleemed. If such mitten notice of redemption is sent and if due provision for such payment is made, all as provided above, the Bonds or portions thereof that arc to be so redeemed thereby automatically shall be treated as redeemed prior to their scheduled maturities, and they shall not bear interest after the date fixed for redemption, and they shall not be regarded as being outstanding except for the light of the registered owner 10 receive the redemption price from the Paying Agent/Registrar out of the funds provided for such payment. If a portion or any Bond shall be redeemed, a substitute Bond or Bonds having the same matudty date, bearing interest at the same rate, in any denomination or denominations in any integral multiple of S5,000, at the written request of die registered owner, and in aggregate principal amount equal to the unredeemed portion thereof, will be issued to the registered owner upon the surrender thereof for cancellation, at the expense of the Issuer, all as provided in the Bond Ordinance. ALI. BONDS or; -riTIS SERIES are issuable solely as fully registered bonds, without interest coupons, in the denomination of any integral multiple of S5,000. As provided in the Bond Ordinance, this Bond may, at the request of the registered owner or the assignee or assignees hereof, be assigned, transferred, converted into and exchanged for a like aggregitte mincipal amount of fully registered Bonds, without interest coupons, payable to the appropriate registered owner, assignee ar assignees, as the ease may be, having the same denomination or denominations in any integral multiple of S5,000 as requested in writing by the appropriate registered owner, assignee or assignees, as the case may be, upon surrendor of 8 PAGE 9 OF 27 PAGES AGENDA ITEM NO. 6.F this Bond to the Paying Agent/Registrar for cancellation, all in accordance with the form and procedures set forth in the Bond Ordinance. Among other requirements for such assignment and transfer, this Bond must be presented and surrendered to the, Paying Agent/Registrar, together with proper instruments of assignment, in form and with guarantee of signatures satisfactoty to the Paying ilacnt/Registrar, evidencing assignment of this Bond or any portion or portions hereof in any integral multiple of $5,000 to the assignee or assignees in whose name or manes this Bond or any such ponion or portions hereof is or arc to be registered. The form of Assigmnent printed or endorsed on this Bond may be executed by the registered owner to evidence the assignment hereof, but such method is not exclusive, and other instrnments of assignment satisfactrn-y lo the Paying Agent/Registrar may be. used to evidence the assigrunent of this Bond or any portion or portions hereof from time to time by the registered owner. The Paying Agent/Registrar's reasonable standard or customary fees and charges fir assigning, transfening, converting and exchanging any Bond or portion thereof will be paid by the Issuer. In any ciremnstance, any taxes or governmental charges required to be paid with respect thereto shall be paid by the one requesting such assignment, transfer, conversion Or exchange, as a condition precedent to the exercise of such privilege. The Paying Agent/Registrar shall 1101 be required to make any such transfer, conversion, or exchange (i) during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date, or (ii) with respect to any Bond 01 any portion thereof called fbr redemption prior to maturity, within forty-five (45) days rnior to its redemption date, IN 'HIE EVENT any Paying Agent/Registrar for the Bonds is changed by the Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Bond Ordinance that it promptly will appoint a competent and legally qualified substitute therefor, and cause written notice thereof to be mailed to the registered owners of the Bonds. IT IS HEREBY certified, recited and covenanted that this Bond has been duly and validly authorized, issued and delivered; that all acts, conditions and things required or proper to be performed, exist and be done precedent to or in the authorization, issuance and delivery of this Bond have been performed, existed and been done in accordance with law; and that annual ad valorem taxes sufficient to provide for the payment of the interest on and principal of this Bond, as such interest comes due and such principal matures, have been levied and ordered to be levied against all taxable property in said Issuer, and havC been pledged for such payment, wit Inn the limit prescribed by law. THE ISSUER HAS .REStiRVED TIM RIGHT to amend the Bond Ordinance asprovided therein,. and under some (but not all) circumstances amendments .thereto must be approved by the registered owners of a majority in aggwgate principal iinotint of the outstrinding Bonds, BY BECOMING the registered owner of this Bond, the registered owner thereby acknowledges all of the terms and provisions of the Bond Ordinance, agrees to be bound by such terms and provisions, acknowledges that the Bond Ordinance is duly recorded and available for inspection in the official minutes and records ofthe governing body of the Issuer, and agrees that the terms and provisions of this Bond and the Bond Ordinance constitute a contract between each registered owner hereof and the Issuer. IN wrrNEss WHEREOF, the Issuer has caused this Bond to be signed with ihe manual or facsimile signature of the kfayor of the Issuer (or in los absence, by the Mayor Pro Tem) and countersigned with the manual or facsimile signature of the City Clerk of said Issuer, and has caused the official seal of the Issuer to be duly impressed, or placed in facsimile, on this Bond. (siirnature) (sig n a t tire) City Clerk 11/Itry or PAGE 10 OF 27 PAGES AGENDA ITEM NO. 6.F (SEAL) (b) Form of Payina Aitent/Reaistrar's Authentication Certificate. PAYING AGENT/REGISTRAR'S AUTELEiNTI.CATION CER171FICATE (To be executed if this Bond is. not accompanied by an executed Rgistration. Certificate of the Comptroller ofPublic Accounts of the State of Texas) 11 is hereby certified that this Bond has been issued under the provisions of the Bond Ordinance described in the text of this l3ond; and that this Bond has been issued in conversion or replacement of or in exchange for, a Bond, Bonds, or a portion of a Bond or Bonds of a series that originally was approved by the Attorney General of the Slate of Texas and registered by die Comptroller of Public Accounts of the State of Texas. 1)ated, (c) Foist of Assignment. The 'Bank of New York 'Mellon Trust Company, N.A. 1:)alla8, Texas Paying Agent/Registrar .Autlion zed Representative ASSIGNMEN1 (Please print or 1)/pc clear) Eor value received, the undersigned hereby sells, assigns and transfers unto: transkrec's Social Security or Iaxpayer Identification Number: ransferee's name and iaddress, including zip code: the within Bond and all lights thereunder, and hereby irrevocably constitutes and appoints , attorney, to register the transfer ol the within Bond ni Dated, he books kept for registration thereof; with full power of substitution. in the promises.. Signature Guaranteed: NOTICE: Signattire(s) must be guaranteed by an eligible guarantor institution participating in a sec:tunics transfet association recognized signature guarantee program. NOTICE: The signature above must correspond with the name of the registered owner as it appears upon the Iront of this Bond in every particular', without alteration Or enlargement Or any change whatsoever, (d) Form of Registration Certificate of the: Comptroller of Public Accounts.. 1.0 PAGE 11 OF 27 PAGES AGENDA ITEM NO. 6.F REGISIR.A"fl<AN CERTIFICATE: RECIISTER N(.11). 1 hereby certify that there is on file and of record in niy oifice a true and coffect copy of the opinion of the i1t1orne).7 General of the State of Texas approving this 13ond and that this Bond has been registered this day by mc. Witness my signature and seal this Comptroller of Public Accounts of the State of 1"exas (C()N/P1 ROI.LER'S SEAL) (e) Ini tial 13ond Insertions, (i) The initial Bond shall be in the t.biin set forth is paragraph (a) of this Section, except that: A. immediately under the name of the Bond, die headings "Interest Rale" and "Maturity Date" shall both he completed with the words As shown below" ;:ind "CUSIP No. shall be deleted. 13. the first paragraph shall be deleted and the following will be inserted: "THE CITY OF WIC:1111A FALLS, TEXAS, in Wichita County, Texas (the "Issuer), being a political subdivision and municipal corporation of the State of Texas, hereby promises to pay to the Registered Owner specified above, or registered assigns (hereinafter called the "Registered Owner), on September 1 in each of the years, in the principal amounts and beating interest al the per annum rates set forth in the following schedule: Years Principal Amounts ($) Interest Rates Mil (Information from Section 2 to be inserted) °The Issuer promises to pay interest on the unpaid principal amount herecd(calculated on the basis of a 360 - day year of twelve 30 -day months) from the Delivery Date specified above at the respective Interest Rate per annum specified above. interest is payable on March 1, 2019, and semiannually on each September 1 and March 1 thereafter to the date of payment of the principal installment specified above, or the date of redemption prior to maturity, except, that if this I3ond is required to be authenticated and the date of its authentication is later than the first Record Date (hereinafter defined), such Principal Amount shall bear interest from the interest payment date next preceding the date of authentication, unless such date of authentication is after any Record Date but on or before the next following interest payment date, in which case such principal amount shall bear interest from such next following interest payment date; provided, however, that if on the date of authentication hereof the interest on the Bond or Bonds, if any, for which this Bond is being exchanged is due but has not been paid, then this Bond shall bear interest from the date to which such interest has been paid in full," C. '1"he Initial Bond shall be numbered -1-1." PAGE 12 OF 27 PAGES AGENDA ITEM NO. 6.F SLCI1Ofl 5. 1N fERES I AND SINKING FUND. (a) A. special "Inteiest and Sinking Fund" is hereby created and shall be established and maintained by the Issuer as a separate fund or account for the payment of the Bonds. Said interest and Sinking Fund shall be kept separate and apart from all other funds and accounts of said Issuer, and shall be used only for paying the interest on and principal of said Bonds. All amounts 'received from the sale of the Bonds as accrued interest shall be deposited upon receipt to the Interest and Sinking Fund, and all ad valorem taxes levied and collected for and on account of said I3onds shall be deposited, as collected, to the credit of said Interest and Sinking Fund. During each year while any of said Bonds are outstanding and unpaid, the governing body of said Issuer shall compute and ascertain a rate and amount of ad valorem tax that will be sufficient to raise and produce the money required to pay the interest on said Bonds as such interest comes due, and to provide and maintain a sinking fund adequate 10 pay the princi pill of said Bonds as such principill matures (hut never less than 2% of the original amount of said Bonds as a sinking fund each year); and said tax shall be based on Ole latest approved tax rolls of said Issuer, with hill allowances being made thr lax delinquencies and the cosi of lax collection. Said rale and amount of ad valorem tax is hereby levied, and is hereby ordered to be levied, against all taxable property in said Issuer, lin- each year while any of said Bonds are outstanding and unpaid, and said tax shall be assessed and collected each such year and deposited to the credit ofthe aforesaid Interest and Sinking Fund. Said ad valorem taxes sufficient to provide for the payment of the interest on and principal of said Bonds, as such interest comes due and such principal matures, ave hereby pledged for such payment, within the limit prescfibed by law Notwithstanding the requirements of this subsection, if lawfidly .available moneys of the Issuer are actually on deposit in the interest and Sinking Fund in advance of the time when ad valorem taxes are scheduled to be levied for any year, then the amount of taxes that otherwise would have been required to be levied pursuant to this subsection may be reduced to the extent and by the amount of lawfully available funds then on deposit in the Interest and Sinking Fund. (b) Chapter 1208, texas Government Code, applies to the issuance of the Bonds and the pledge of the taxes granted by the Issuer under this Section and is therefore valid, effective, and perfected. Should Texas law he amended at any time while the Bonds are outstanding and unpaid, the result of such amendment being that the pledge of the taxes granted by the Issuer under this Section is to be subject to the filing requirements of Chapter 9, Business & Commerce Code, w order to preserve 10 the registered Owners of the Bonds a security interest in said pledge., the Issuer agrees to lake such measures as it determines are reasonable and necessary under Texas law to comply with the applicable provisions ot Chapter 9, Business Commerce C..'.ode and enable a filing of a security interest in said pledge to occur. Section (1, .DEFF.ASANCE OF BONDS. (a) Any Bond and the, interest thereon shall be deemed to be paid, retired and no longer outstanding (a "Defeased Bond") within the meaning of this Ordinance, except to the extent provided in subsection (d) of this Section, when payment of the principal of such Bond, plus interest thereon to the due date (whether such due date be by reason of maturity or otherwise) either (i) shall have been made or caused to be made in accordance with the terms thereof, or (ii) shall have been provided for 011 or bethre such due date by irrevocably depositing with or making available to the Paying Agent/Registrar in accordance with an escrow agreement or other instrument (the "Future Escrow Agreement") for such payment. (1) lawful money of the United Stales of Amefica sufficient to snake such payment or (2) Defeasance Securities that mature as to One:Mai and interest in such amounts and at suchtimes as will ensure the availability:, without reinvestment, of sufficient money to provide for such payment, and when proper afiangetnents have been made by the Issuer with the Paying Agentaegistrar for the payment of its services until all 1.)efeased Bonds shall have become due and payable. At such. time as a Bond shall be deemed to be a Defeased Bond hereunder, as aforesaid, such Bond ancl the interest thereon shall no longer be secured by, payable from, or 1 2 PAGE 13 OF 27 PAGES AGENDA ITEM NO. 6.F entitled 10 the benefits of, the ad valorem taxes herein levied and pledged as provided in this Ordinance, and such principal and interest shall be payable solely from such money or Defeasance Securities. Notwithstanding any other Invision of this Ordinance to the contra-1y, it is hereby provided that any determination not to redeem Defeased Bonds that is made in conjunction with the payment arrangements specified in subsection (a)(i) or (ii) of this Section shall not be irrevocable, provided that: (1) in the proceedings providing for such payment LUTangements, the Issuer expressly reserves the right to call the Defeased Bonds for redemption; (2) gives notice of the reservation of that right to the owners of the Defeased Bonds immediately following the making of the payment arrangements; and (3) directs !hal notice of the reservation be included in any redemption notices that it ituthorizes. (b) Any moneys so deposited with the Paying Agent/Registrar may at the mitten direction o.f the issuer be invested in Defeasance Securities, maiming iri the amounts and times as hereinbefore set forth, and all income limn such Defeasance Securities received by the :Paying Agent/Registrar that is not required for the payment of the Bonds and interest thereon, with respect to which such money has been so deposited, shall be turned over to the Issuer, or deposited as directed in wi ling by the Issuer. Any Future kscruw Agreement pursuant to which the money and/or Deteasance Securities are held for the payment ofDefeased Bonds, may contain provisions permitting the investment or reinvestment of such moneys in Defeasance Securities or the substitution of other :Defeasance Securities upon the satisfaction of the requirements specified, in subsection (a)(i) or (ii) of this Section. All income from such Deleasa,nce Securities received by the Paying Agent/Registrar which is not required for the payment of the Defeased Bonds, with respect to which such money has been so deposited, shall be remitted to the Issuer or deposited as directed in writing by the Issuer. (c) The term "I.)efeasance Securities- means (I) direct noncallable obligations of the United States, including obligations that are unconditionally guaranteed by the United States; and (2) noncallable obligations of an agency or insirumentality of the United States, including obligations that are unconditionally guaranteed or insured by the agency or instrumentality and that, on the date the governing body oldie Issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a nationally recognized investment rating thin not less than AAA or its equi valent. (d) Until all Defeased Bonds shall have become duo and payable, the Paying Agent/Registrar shall perlbrm the services ot Paying Agent/Registrar for such Defeased Bonds the same as it they had not been defeased, and the Issuer shall make proper arrangements to provide and pay for such services as required by this Ordinance. (e) In the event that the Issuer elects to delease less than all of the mincipal amount °Mends ola maturity, the Paying ,N.gent/Registrar ,shall select, or cause to be selected, such amount of Bonds by such random method as il deems fair and appropriate. Section 1. DAMAGED, MUTILATED, I. STOLEN,: OR :DESTROYED BONDS,: (a) 'Replacement Bonds. In the event any outstanding Bond is damaged, mutilated, lost, stolen or destroyed, the Paying Agent/Registrar shall cause to he printed, executed and delivered, a new Bond of the Same principal irmount„ maturity? and interest rate., as .the damaged, mutilated, 1ost, stolen or, destroyed Bond, in replacement tor such, Bond in the manner hereinafter provided. (b) Application for Replacement Bonds. Application for replaccment of d,amaged, mutilated, lost, stolen or destroyed Bonds shall be made by the registered owner .thereof to the Paying ,,Ngent/Registrar. In every case of :loss, theft or destruction of a Bond, the registered owner applying for a replacement Bond PAGE 14 OF 27 PAGES AGENDA ITEM NO. 6.F shall Ibmish /o the Issuer and to the Paying Agent/Registrar such security or indemnity as may be required by them to save each of them harmless from any loss or damage with respect thereto—Also, in every case of loss, theft Of destruction of a Bond, the registered owner shall furnish to the Issuer and to the Paying Agent/Registrar evidence to their satisfaction of the loss, theft or destruction of such Bond, as the case may be. in every case of damage or mutilation of a Bond, the registered owner shall surrender to the Paying Agent/Registrar for cancellation the Bond so damaged or mutilated. (c) No Defhult Occurred, Notwithstanding the foregoing provisions of this, in the event any such Bond shall have ji iiured, and no default has occurred that is then continuing in the payment of the principal of, redemption premium, i [any, or interest on the I3ond, the Issuer may authorze the payinent of the same (without surrender thereof except in the case of a damaged or mutilated Bond) instead of issuing a replacement Bond, provided security or indemnity is furnished as itbove provided in this Section. (d) Charge for Issuing 'Replacement 'Bonds. Prior to the issuance of any replacement Bond, the Pitying Agent/Registrar shall charge the registered owner of such Bond with Mi legal., printing, and other expenses in connection:therewith. Every :replacement Bond issued pursuant to the provisions of this Section by :virtue of the fact that any Bond is lost, stolen or destroyed shall constitute a contractual obligation of the Issuer :whether or not the lost, stolenor destroyed Bond shall he found at any time, or be enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and proportionately :with any and MI other 'Bonds duly issued under this Ordinance. (e) Authority for Issuing Replacement Bonds. In accordance with Section 1206.022, Texas Govenuncnt Code, this Section 7 of this Ordinance shall constitute authority fur the issuance of any such replacement Bond without necessity of further action by the governing body of thc Issuer or any other body or person, and the duty of the replacement of such Bonds is hereby authorized and imposed upon the Paying Agent/Registrar, and the Paying Agent/Registrar shall authenticate and deliver such Bonds in the Ruin and manner and with the effect, as provided in Section 3 of this Ordinance for Bonds issued in conversion and exchange for other Bonds. Section 8. COVENAN FS REGARDING AX EXEMPTION OF 1N1ERES I ON HIE BONI/S. (a) Covenants. The Issuer covenants to take any action necessary to assure, or refrain :from any action :that would adversely affect, the :treatment of the Bonds as Obligations described in section 103 of the Code, :the interest on which is :not includable in the "gross income" of the holder for :purposes of federal income taxation. tin furtherance thereof, the Issuer covenants its :follows: (1) to lake any action to assure that no more than 10 percent of the proceeds ot the Bonds (less amounts deposited to a reserve fund, d any) are used for any "private business use," as defined in section I 41(b)(6) of the Code or, if more than 10 percent of the proceeds or the; projects financed hy the Bonds (the "Project") are so used, such amounts, whether or not received by the Essuei., with respect to such private business use, do not, under the tenns of this Ordinance or any underlying an-iingement, directly or indirectly, secure or provide for the payment of more than 10 percent of the debt service 00 the Itonds, in contravention of section 141(b)(2) of the Code; (2) 10 take any action to assure that in the event that the "private business usc" described in subsection (1) hereof exceeds 5 percent of the proceeds of the Bonds or the projects financed therewith (less amounts deposited into a reserve find, if any) then the amount in excess of 5 percent is used for a "private business use" that is "related" and not "disproportionate," within the meaning of section 141(b)(3) of the Code, to the governmental use; PAGE 15 OF 27 PAGES AGENDA ITEM NO. 6.F (3) to lake any action to assure that mi amount that is greater than the lesser of $5,000,000, or 5 percent of the proceeds of the Bonds (less amounts deposited into a reserve fund, if any) is directly or indirectly used 10 finance loans to persons, other than state or local governmental units, in contravention of section 141(c) of the Code; (4) to refrain from taking any action that would otherwise result in the Bonds being treated as -private activity bonds" within the meaning of section 141(b) of the Code; (5) to refrain from taking any action that would ru1I in the Bonds being "federally guaranteed" within the meaning of sechon 149(b) of the Code; (6) to refrain fromusing any portion of the proceeds of the. Bonds., directly or indirectly, to acquire or to repLtce funds fluA were used, directly or to ,acquim investment properly (as defined in section 148(l1)(2) of the Code) that produces a materially higher yield over the term of the Bonds, other than investment property acquired with -- (I) proceeds of the 13onds invested fin a reasonable temporal), period until such proceeds are needed foi the purpose for which the Bonds arc issued. ) amounts invested in a bona fide debt service fund, within the meaning of seen° .14 .- 1(b) of the Treasm), Reguku ions, and (C) amounts deposited in any reasonably required reserve or replacement fiandto the extent such amounts do not exceed 10 percent of the proceeds of the 13onds; (7) to otherwise restrict the use of the proceeds of the Bonds or amounts treated as proceeds of the Bonds, as may be necessary, so that .the Bonds do not otherwise contravene the requirements of section 148 of the Code (relating to ,arbitragc); (8) to refrain from using the proceeds of the Bonds or proceeds of any prior bonds to pay debt service on another issue more than 90 days after the date of issue of the Bonds in contravention of the requirementsof section 149(d) of the Code (rektling to advance refundings); and (9) to pay to the 1.3nited Slates of America al least once during each five-year period (beginning on the date of delivery of the Bonds) an amount that is al least equal to 90 percent of the "Excess Earnings," within the meaning of section I48(f) of the Code and to pay 10 the United States of America, not later than 60 days alter the Bonds have been paid in hill, 100 percent of the amount then required to be miid 15 a result of Excess Earnings under section 148(1) of the Code; and (10) to assure that the proceeds of the Bonds will be used solely for new tnoney projects. (h) Rebate 'Fund. In order to facilitate compliance with the above covenant (0(9), a -Rebate 1 is hereby established hy the Issuer for the sole benefit of the 1 JIM led Stales of. America, and such Fund shall not he subject to the claim of any other peison., including without limitation the Iliindholders °Me Rebate Fund is established fbr the additional purpose of compliance with section 148 of the Code. (c) Use of Proceeds. For purposes of the foregoing covenants (a)(1) and (a)(2), the Issuer understands that the tom "proceeds" includes "disposition proceeds" as defined in the Treastny Regulations and, in the case of the Bonds, transferred proceeds (if any) and proceeds of the Refunded Obligations expended prior to the dale of issuance of the Bonds. It is the understanding of the Issuer that the covenants PAGE 16 OF 27 PAGES AGENDA ITEM NO. 6.F contained ,herein are intended to assure compliance :with the Code and any :regulations or rulings promulgated by the U.S. Depa.rtment of the Treasury pumuant thereto. In :the cvcnt that regulations or rulings arc hereafter promulgated :that modify or expand provisions of the Code, as applicable to :the Bonds, the Issuer wili not be :required to comply with any covenant contained herein to the extent :that such failure to comply, in the opinion of nationally recognized bond counsel, will not adversely affect :the exemption from federal iticomc taxation of interest on the Bonds under section 103 of the Code, In the event that regulations or rulings are ,hereafter promulgated that impose additional ,requirements applicable to :the Bonds, the Issuer agrees to comply with the: additional requirements to the extent necessary, in the opinion of ntitionally recognized bond counsel, to preserve the exemption from .federal income laxation of interest on the Bonds under section 103 of the Code. In furtherance of such intention, the Issuer hereby authorizes and directs the ,Mayor', the City IVtar tger or the Finance ,Director to execute any documents, certificates or reports required by the Code and to make such elections, on 'behalf of the Luer, that may he permitted .by the Code as are consistent with the purpose for the issuance of the Bonds.. (d) Allocation al, and 1 mi Lili on on. Expenditures for the ,Project. The Issuer covenants to account fin the expenditure of sale proceeds and investment earnings to be used tinqhe construction and acquisition of the Projects on its books and records by allocating proceeds to expenditures within 1 t months of the later of the date that (1) the expenditure is made, or (2) the Projects are completed. The, foregoing notwithstanding, the Issuer shall not expend proceeds of the sale of the Bonds or investment earnings thereon more than 60 days atIer the earlier of ( 1 ) the :fifth anniversary of the delivet), of the 13onds, or (2) the date the Bonds are retn'ed„ unless the Issuer obtains an opinion of n.ationally-recognized bond counsel that suc.h, expenditure will not adversely i.tfrect the status, for ,lederal Income tax purposes, of the Bonds or the interest thereon. For purposes hereof, the Issuer Shall not be obligated to comply with this covenant if it obtains an opinion that such faihne to comply i1 1 not adversely affect the excludability for federal :income tax proposes :limn 91055 1 IK inmate of the interest. (c) Disposition of Projects. 'flie Issuer covenants that the property constituting the Projects will not bc sold or otherwise disposed in a transaction resulting in the receipt, by the Issuer of cash or other compensation, unless any action taken in connection with such disposition will not adversely affect the tax- exempt status of the Bonds, For purpos,e of the foregoing, the Issuer may rely on an opinion of nationally - recognized bond counsel that the action taken in connection with such sale or other disposition will not adversely affect the tax-exempt status of the Bonds, For purposes of the foregoing, the portion of the property comprising personal property and disposed in the ordinary course shall not be treated as a transaction resulting in the receipt of cash or other compensation. For purposes hereof, the Issuer shall not be obligated to comply with this covenant if it obtains an opinion that such failure to comply will 1101 adversely affect the excludability for federal income tax purposes from gross income of the interest. Section 9. SALE OF BONDS AM) APPROVAL OF OFFICIA1 STA'ITIVIENT; 1URT1 iER PROCEDITRES. (a) The Bonds are hereby sold and shall be delivered to I blimp Securities Inc., as representative of the itself and Raymond James and Associates, Inc. (together, the "1.1nderwriters"), for the purchase nice of S (representing the par amount of the Bonds of S plus a [netj original issue prennum of (premium 10 be applied as set forth in Section 16) and less 101Jndenvriters' discount of $,„ pursuant to the terms and provisions of a Purchase Agreement, With the Underwritets. It is hereby officially found, detennined, and declared that the Bonds have been sold pursuant to the terms and provisions of a Purchase Agreement in substantially the form presented al this meeting, which the Mayor of the Issuer is hereby authorized and directed to execute. It is hereby officially found, detennined, and declared that the !elms of this sale are the most advantageous reasonably obtainable. The initial„Bond shall be registered in, the name of Hilltop Securities Inc. or its designee, I 6 PAGE 17 OF 27 PAGES AGENDA ITEM NO. 6.F (b) The Issuer hereby approves the form and content of the Official, Statement relating to the I3onds and any addenda, supplement or amendment thereto, and approves the distribution of such Official Statement in the reoffering of the Bonds by the Underwriters in final form, with such changes therein or additions thereto as the officer executing the same may deem advisable, such determination to be conclusively evidenced by his, execution thereof. The distribution and 115C of the Preliminary Official Statement dated July 201 8,, prior to the date hereof is hereby ratified and confirmed. (c) The .Mayor, City .Manager,„Assistant City 11tanager, City Clerk and Finance Director, and each. of them, shall be and they are hereby expressly authorized, empowered, and directed from time to tilMC and at any time to do and perfomt all such acts and things and to execute, acknowledge and deliver in the name of the J1107 all other such doeuments, certificsites and instruments, whether or not .herein mentioned, as may be necessary or desirable in order to curry out the terms and provisions of this Ordinance„ the Bonds, the safe of .the, Bonds and the Official Statement, In ease any officer whose signature shall appear on any Bond shall cease to be such officer belbre, the delivery of such Bond, such signature, shall nevertheless be valid and sufficient for all purposes the sameas if such officer had remained in office until such deliveiy. Section 10. CUSTODY, APPROVAL, AND REGISTRATION OF BONDS; BOND C013NS,EL'S OPINION, .NITIVUIERS AND CON'fINGENT INSUR,,kNCE PROVISRI)N, 1] OBTAINED; ENGAGEMENT OF BONI) COLINSEL. (a) 'The Nlayor, the City Manager or the Finance, Director of the Issuer is hereby authorized to have control of the Bonds initially issued and delivered hereunder and all tier essaty records and proceedings pertaining to the 1.3onds pending their delivery and their investigation, examination, and approval by the Attorney General of the State of Texas, and their registration by the Comptroller el Public Accounts of the State of Texas, Upon registration of the Bonds said Comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller) shall manually sign the Comptrollers Registration Certificate attached to such Bonds, and the seal of said Comptroller shall be impressed, or placed in facsimile, on such Bond The approving legal opinion af thc Issuer's 13ond 1.7ounsel and the assigned ClSH' numbers may, at the option of the Issuer, be printed on the Bonds issued and delivered under this Ordinance, but neither shall have any legal effect, and shall be solely for the COFIVelliellee and information of the registered owners of the Bonds. In addition, if bond insurance is obtained, the Bonds may bear an appropriate legend as provided by the insurer. (b) The obligation of the initial purchaser to accept delivery of the Bonds is subject to the initial purchaser being furnished NV11111 the final, approving opinion of 1\ leCall, Parkhurst & Horton 1,. Li'., bond counsel to the Issuer, which opinion shall he dated as of and delivered On the dale of initial delivery of the Bonds to the initial purchaser. The engagement of such linn as bond counsel to the Issuer in connection with issuance., sale and delivery of the 'Bonds i hereby approved and confirmed. The execution and delivery of an engagement letter behveen the Issuer and such firm with respect to such services as bond counsel, is hereby authorized in such form as may be approved by the Mayor or City Manager, and the Mayor or City Manager is hereby authorized to execute such engagement letter. Section 11. INTERES'r EARNINGS ON BOND PROCEEDS. Interest earnings derived from the investment of proceeds from the sale of the Bonds issued for the Projects shall be used along with other Bond proceeds for the Projects; provided that after completion of such purpose, if any of such interest earnings remain on hand, such interest earnings shall be deposited in the Interest and Sinking fund. II is further provided, however, that any interest earnings ors Bond proceeds that arc required to be rebated to the United States of Ameti ca pursuant to Section 9 hereofin order 10 prevent the Bonds from being arbitrage bonds shall be so rebated and not considered as interest earnings fbr the puiposes of this Section. i 7 PAGE 18 OF 27 PAGES AGENDA ITEM NO. 6.F Section 12, (')NS"I lCHON FUND. (a) The Issuer hereby creates and establishes and shall maintain on the books of the Issuer a separate fund to be entitled the "Series 2018A General Obligation Bonds Construction Fund" for use by the Issuer for payment of all lawful costs associated with the acquisition and consinietion of the Projects as hercinbelbre provided. Upon payment of all such costs, any moneys remaining on deposit in said fund shall be transferred to the Interest and Sinking Fund. Amounts so deposited to the interest and Sinking Fund shall be used in the manner dOScribed in Section 5 of this t)rdinrioce. (b) The Issuer may invest proceeds of the Bonds issued for Projects (including investment earnings thereon) and amounts deposited in the Interest and Sinking Fund in investments author by the Public Funds Investment Act, Chapter 2256, Texas Government Code, as amended, provided, however, that the Issuer hereby covenants that the proceeds of the sale of the Bonds will be used as soon as practicable for the purposes for which the Bonds are issued.. (c) All deposits authorized or required by this Ordinance shall be secured to .the fullest extent requiredby law for the seem* ofpublic funds. Section 1 3 (..,'ONIPI.IANCE WITH Ftfli 15c2-12. (a) Definitions. As tised in this Section, the following terms have the meanings ascribed to such terms below: "MSR13" means, the Municipal Securities Rulemaking Board. "Rule" means SEC Rule 15c2-12, as amended from time to time. SEC" means 1,11c L/nited States Securities and Exchange Commission. (b) Annual Reports, (i) "the Issuer shall provide annually 10 the MSRI3, in an electronic formai as prescribed by the MSR13, within six (6) months after the end of each fiscal year ending in or after 2018, financial information and operating data with respect to the Issuer of the general type included in the final Official Statement authorized by Section 9 of this Ordinance, being the information described in Exhibit hereto. The Issuer will additionally provide audited financial statements when and if available, and in any event within twelve (12) months after the end of each fiscal year ending in or alter 2018. H the audit of such financial statements is not complete within twelve (12) months alter any such fiscal year end, then the Issuer will file unaudited financial statements within such twelve (1 2) month period and audited financial statements air the applicable fiscal year, when and if the audit report on such statements becomes available,. Any financial statements so to be provided shall be prepared in accordance with ihe accounting principles described in Appendix 13 to the Official Statement, or such other accounting principles as the Issuer may be required to employ from time to time pursuant to state law or regulation. (11) If the Issuer changes its fiscal year, it will notilY the MSRB of the change (and of the date of the new fiscal year end) pfior to the next date by which the Issuer otherwise would be required 10 provide financial information and operating data pursuant to this Section. The financial information and operating data to be provided pursuant to this Section may be set forth in lull in one or niore documents or may be included by specific reference to any document that is available to the public on the MSRB's intemet website or filed with the SEC. All documents provided to the 1 8 PAGE 19 OF 27 PAGES AGENDA ITEM NO. 6.F MSRB pursuant to this Section shall he accompanied by identifYing information as prescribed by the MSRB, (c) Event Notices, (1) The Issuer shall non tY thelVISRI3 in an electronic format as prescribed by the .MSR11, in a timely manner (but not in excess of ten (10) business days after the occurrence of the event) of any of the following events with respect to the Bonds: Principal and interest payment delinquencies; 2. Non-payment related defaults, if material; 3. 1,Jnscheduled (URNS on debt service reserVC5 reflecting financial difficulties; 4. Unscheduled draws on credit enhancements reflecting financial diffi Qt11111CS", 5. Substitution of credit or liquidity providers, or their failure to perform; 6. Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other marshal notices or determinations with respect lo the tax status of the Bonds, or other events affecting the tax status of the Bonds; 7. klodili cations to rights ol holders Of the Bonds, if material; g. Certificate calls, if material, and tender offers; 9. Defeasances; 10. Release, substitution, or sale of properly securing repayment of the Bonds, if tnaterial 11. Rating changes; 12. Bankruptcy, insolvency, receivership or similar event of the Issuer; 13. 'the consummation of a merger, consolidation, or acquisition involving the Issuer or the sale of all or substantially all ot the assets of the Issuer, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating 10 any such actions, other than pursuant 10 its terms, if material; and 14. Appointment of a successor trustee or change in the name of the trustee, if material. As used in clause 12 above, the phrase -bankruptcy, insolvency, receivership or similar event" means the appointment of a receiver, fiscal agent or similar officer for the Issuer in a proceeding under the U.S. Bankruptcy Code or in any other proceeding under state or federal law in which a eourt or governmental authority has assumed jurisdiction over substantially' all of the assets of the Issue, or if jutisdietion has been assumed by leaving the existing City Council and officials or officers of the Issuer in possession but subject to the supervision and orders ot a court or governmental authority, or the entry of an order confirming a plan of reorganization, an-angement or liquidation by a cowl or governmental authority having supervision or jurisdiction over substantially all of the assets Of business of the Issuer. (ii) The Issuer shall notify the 1VISRII, in a timely manner, of any failure by the Issuer to provide financial information or operating data in accordance with subsection (h) of this Section by the lime required by such subsection. ((I) Limitations. Disclaimers. and Amendments, (1) Ihe Issuer shall be obligated to observe and perform the covenants specified in this Section for so long as, but only fair so long as, the Issuer remains an -obligated person" with respect to the Bonds within the meaning of the Rule, except that the Issuer in any event will give notice of any 19 PAGE 20 OF 27 PAGES AGENDA ITEM NO. 6.F deposit made in accordance with this Ordinance or applicable law that causes Boncls no longer to he outstanding. (ii) The provisions ofthis Section are for the sole benefit of the registered owners and 'beneficial owncrs of 'the Bonds„ and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy., or claim hereunder to any other person. "The Issuer undertakes to provide only the financial information, operating data, .financial statements, and notices which it has, expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that ,may be relevant or material to a complete presentation of the Issuer's financial results, condition, or prospects or hereby undertake to update any inhumation provided in accordance with this Section or otherwise, except as expressly provided herein. 'The 'Issuer does not make any representation or warranty' concerning such infOrmati on. or. its 'usefulness to a decision to invest inor sell Bonds at any future date,. (iii) UNDER. NO CIRCH..INISTANCES STIAL.L THE ISSUER BE LI.ABLE TO 'THE REGISTIRED OWNER OR BENEFICIAL OWNER ()I,' ANY BOND OR ANY OTHER. PERSON, IN CONTRACT OR "Il')RT, FOR Aid RESET:TING [N WHOLE OR IN PART FROM ANY BREACH BY THE ISSUER„ WHETHER NEGLIGENT OR wrrilour FAITT ON ITS PART, 0! ANY COVENikN'T SPECIFIED 1N THIS SECTION, BITE EVERY RIGIIT AND REIvflOY OE ANY SLICE{ PERSON, IN CONTRA(.1" OR TORT, FOR OR ON AC,COLTNEr or, ANY SUCH BREACTI 51E,‘11„, BE TIMITED "TO AN ,AC„TION FOR MANDANIUS, C)R. SPECIFIC PERFORMANCE. (iv) No default by the Issuer in observing or performing its obligations under this Section shall comprise a breach of or default under this Ordinance for purposes of any other provision of this Ordinance, Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the Issuer under federal and state securities laws. (v) Should the Rule he amended to obligate the Issuer to make filings with or provide notices to entities other than the MSRB, the Issuer hereby agrees to undertake such obligation with respect to the Bonds in accordance, with the Rule as amended. the provisions of ibis Section may be amended by the Issuer from time to time to adapt to changed circumstances that arise from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of- operations of the Issuer, but only if (1) the provisions of this Section, as so amended, would have perniitted an underwriter to purchase. or sell Bonds in the, pdmary offering of the Bonds in compliance with the Rule, taking into account any amendments or interpretations of the Rule since such offering as well as such changed circumstances and (2) either (a) the registered owners of a majority in aggregate principal nnounl (or any gretiter amount required by any other provision ul this Ordinance that authorizes such an amendment) of the outstanding Bonds consent to such amendment or (h) a qualified person that is unaffiliated with the Issuer (such as nationally recognized bond counsel) determined that such amendment will not materially impair the interest of the registered owners and beneficial owners of the Bonds. The Issuer may also ,amend or repeal the provisions of this continuing disclosure agreement if the SEC amends or repeals the applicable provision of the Rule or a court of final Jurisdiction enters judgment that such provisions of tin. Rule are invalid, but only if and to the extent that the provisions of this sentence would not prevent an underwriter from lawfully purchasing or selling Bonds in the primary offering of the Bonds. 11 the Issuer so amends the provisions of this Section, i1 shall include with any amended financial infonnation or operating data next provided in accordance with subsection (11) of this Section an explanation, in narrative form, of the reason for the amendment and of the impact of any change in the type of financial information or operating data so provided. 2(1 PAGE 21 OF 27 PAGES AGENDA ITEM NO. 6.F Section 14. ME 11101) OF AMENDMENT. he Issuer hereby reserves the right to amend this Ordinance subject to the Ibllowing terms and conditions, to -wit, (a) The Issuer may from time to time, without the consent of any holder, except as otherwise required by paragraph (b) below, amend or supplement this (>1-dinance in order to (i) cure any ambiguity, defect or omission in this Ordinance that does not materially advmsely affect the interests of the holders, (ii) grant additional rights or security for the benefit of the holders, (iii) add events of default as shall not be inconsistent with I he provisions of this Ordinance and Ilial shall not materially adversely affect the interests of the holders, (iv) qualify this Ordinance under the Trust indenture Act Of 1939, as amended, or corresponding provisions at federal laws from time to time in effect, or (v) make such the r provisions in regard to matters or questions arising under I his Ordinance as shall not be inconsistent with the provisions of this Ordinfinee and that shall not in the opinion of the Issuer's Bond Cotinsel materially adversely affect the i n te re s Is of the holders. (b) Except as provided in paragraph (a) above, the holders of Bonds aggregating in principal amount 51°4., of the aggregate principal amount of then outstanding Bonds that are the subject of a proposed amendment shall have the right from time to time to approve any amendment hereto that may be deemed necessary or desirable by the Issuer; provided, however, that without the consent of 100% of the holders in aggregate principal amount of the then outstanding Bonds„ nothing herein contained shall permit or be construed to permit amendment of the terms and conditions of this Ordinance or in any of the Bonds so as to: (1) Make any change in the maturity of any of the outstanding Bonds; (2) Reduce Nu; rate of interest borne by any of the outstanding Bonds; (3) Reduce the amount of the principal of, or redemption premium, if any, payable on any outstanding 13onds; (4) Modify the terms of payment of principal or of .interest Or redemption premium on outstanding Bonds or any ofthem or impose any condition with respect to such. ptiyment; Or (5) Change the minimum percentage of the principal amount of any series of Bonds necessary' for consent to such amendment, (c) If at any lime the Issuer shall desire to amend this Ordinance under this Section, the Issuer shall send by U.S. mail to each registered owner of the affected Bonds a copy ofthe proposed amendment Such notice shall briefly set forth the nature of the proposed amendment and shall state that a copy thereon s on file at the office of the Issuer for inspection by all holders of such Bonds. (d) Whenever at any time within one year from the date, of mailing of such notice, the Issuer shall receive an instrument or instruments executed by the holders ()fat least 51% in aggregate principal amount of all of the, 'Bonds then outstanding that are required tier the amendment, which instrument or instruments shall refer to the proposed amendment. and shall specifically consent to and approve such amendment, the Issuer may adopt the amendment in substantially the same form... (c) Upon the adoption of any amendatory Ordinance pursuant to the provisions of this Section, this Ordinance shall Ix deemed to be modified and amended in accordance with such amendatory C /rdinance, 21 PAGE 22 OF 27 PAGES AGENDA ITEM NO. 6.F ind the respective rights, duties, and obligations of the Issuer and all holden of such affected Bonds shall thereafter be determined, exercised, and enforced, subject in all respects to such amendment. (1) Any consent given by the holder of a Bond pursuant to the provisions of this Section shall be irrevocable for a period of six (6) months from, the date of such consent, and shall be conclusive and binding upon MI ,future holders of the same Bond (hiring such period. Such consent may he revoked at any time after six (6) months from the date of such consent by the holder who gave :such consent, or by a successor in title„ by filing notice with the Issuer, but, such revocation shall not be effective if the holders of 51% in aggregate pincipal amount of the: affected Bonds then, outstanding„ have, prior to the attempted revocation, consented to and approved the amendment. (g) For I he purposes of establishing ownership of the Bonds, the Issuer shall rely solely upon the registration of the ownership of such Bonds on the registration books kept by the Paying Agent/Registrar. Section 15. DEPAI„TUF ANI) REMEDIES. (a) Events of 1)efault. Each of the following occurrences or events for the purpose at this Ordinance is hereby declared to be an Event of Default: (i) the failure 10 make payment of the principal of or interest on any Of the Bonds when the same becomes due and payable; or (ii) default in the performance or observance of any other covenant, agreement or obligation of the Issuer, the failure to perfOrm which materially, adversely affects the rights of the registered owners of the Bonds, including, but not limited to, their prospect or ability to be repaid in accordance with this Ordinance, and the continuation thereof for a period of sixty (60) days after notice of such default is given by any Registered Owner to the Issuer, (b) R.einedies tOr l)efa . (i) l,)pon the happening of any Event of Default., then and in every case, any Registered Owner or an authorized representative thereof; :including, but not limited 0, a trustee or trustees: therefor, may proceed against the issuer .for the purpose of protecting and enforcing the tights of the: Registered Owners under this Ordinance, by :mandamus or other .suit, action or special proceeding in equity or at law, in any court of competent jurisdiction, for any relief permitted by law, :including the specific performance of any covenant or agreement contained herein, or thereby IQ enjoin any act or thing that may be unlawful or in :violation of any right of the Registered Owners hereunder or any combination of such remedies. (ii) It is provided that all such pi oceedings shall be instituted and maintained for the equal benefit of all Registered OwIrWrs of 'Bonds then outstanding. (c) Remedies Not 'Exclusive. (i) No remedy herein conferred or reserved is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other :remedy given hereunder or under the Bonds or now or hereafter existing at law or in equity; provided, however,that notwithstanding any other:provision of this Ordinance, the right to accelerate; the debt evidenced by the ,Bonds $;hill not be available as, a m=4 .under this Ordinance.. 22 PAGE 23 OF 27 PAGES AGENDA ITEM NO. 6.F (ii) The exercise of any remedy ,herein conferred or reserved shall not be deemed a waiver of any other available remedy., (iii) By accepting the delivery of a Bond authorized uniler this (,)rdinance, such Registered ()wrier agrees that the certifications required to effectuate any covenants or representations contained in this Ordinance do not and shall never constitute or give rise to a personal or pecuniary liability or charge against the officers or employees of the Issuer or the City Council. Section 16, PREM1UM. The Bonds are being sold al a net premium equal to With respect to such premium attributable to the Bonds, S shall be used to pay costs of issuance (including linderwritersdiscount) S shall be deposited to the Interest and Sinking Fund and 5, shall be deposited into the C'onstruelion Fund1 h 5 pincipal amount of Bonds issued pursuant lo the May 5, 2018 bond election, phos the premium of 5 deposited into the ConsIrmliim Fund, results in a total principal plus net premium of 5 being issued from the voted a uth ori ti on. Section 17. .APPROPRIATION. To pay .the debt service coming due on the Bonds, if any, prior to receipt of the taxes levied to pay such debt service, there is hereby appropnated from current funds on hand, which are hereby certified to be on hand and available for such purpose, an amount sufficient to pay. such debt service, and such amount shall be .usedfom, no other purpose. Section 18. NO PERSONAL LL B1LITY. No recourse shall 'be had for payment ofthe principal of or interest on any Bonds or for any claim based thereon, or on this Ordinance, against any official or employee of the Issuer or any person executing any Bond.. Section 19 EFFECTIVE DA',1I. in accordance with the provisions of Texas Government Code, Section 1201.028, this Ordinance shall be effective immediately upon its adoption by the City Council. Section 20. SEVERA1311,11 Bally section, article, paragraph, sentence, Ci3USC, phrase or word in this Ordinance, or application thereof to any persons or circumstances is held invalid or unconstitutional by a court of competent jurisdicfion, such holding shall not affect the validity of the rernaining portion of this Ordinance, despite such inValidily, which remaining portions shall remain in full force and effect. (Execution Page Follows) 23 PAGE 24 OF 27 PAGES AGENDA ITEM NO. 6.F 1)111,1 PASSED AlD APPROVE]) HY ME CII Y Claim:IL OF Mit CITY OF AIR:1111A FAITS, TEXAS oil this 1 r day of July, 2018. ATTEST: City Clerk, City ail Wichita Falls, Texas ,(1PPROVE1) AS TO PORN]: City A ili)rney, City of Wichita Falls txas iVlayor, (Illy or 'Wichita Falls, Texa5, [CITY SEAL] PAGE 25 OF 27 PAGES AGENDA ITEM NO. 6.F Purpose May 5, 2018 Election SCHE1.)11.11,E 1 Voted Bonds Amount Amount Amount Previously Unissued Being A uthori4ed Issued Balance Issued Prop. C - Streets and Roads $17,300,000 SO S17,300,0,00 $17,300000* inincirial plus $ premiutn. PAGE 26 OF 27 PAGES AGENDA ITEM NO. 6.F EXILED!! A ANNIAL, FINANCIALINFORMAFION AND (,)PERA TIM.; DATA The following information is referred to in Section 13(1,) of this Ordinance: The financial information and operating data with respect to the Issuer to be provided annually in itecordance ‘vith, such. Section are as specified (and included in the A.ppendisor under the headings of the Officild Statement referred, lo) below:: -- Tables 1 - and 7 - 14 Exhibit A PAGE 27 OF 27 PAGES AGENDA ITEM NO. 6.F CITY COUNCIL AGENDA July 17, 2018 ITEM/SUBJECT: Ordinance authorizing the issuance and sale of City of Wichita Falls, Texas General Obligation Refunding Bonds, Series 2018B; levying an annual ad valorem tax and providing for the security for and payment of said bonds; approving the official statement and instruments and procedures relating to said bonds; providing an effective date; and enacting other provisions relating to the subject INITIATING DEPT: City Manager's Office/Finance STRATEGIC GOAL: Efficiently Deliver City Services STRATEGIC OBJECTIVE: Practice Effective Governance COMMENTARY: In 2009, the City of Wichita Falls issued $10,820,000 of 20 -Year Certificates of Obligation for capital costs associated with the Police Firing Range, Parks Land Acquisition and Trail Extension, and the Animal Services Center. At present, approximately $6.3 million of these debt obligations remain to be paid off, and will be fully retired in 2029. The financial market that currently exists will allow these obligations to be refinanced at lower interest rates, resulting in lower overall debt service obligations. Murphy Davis has estimated that the City will save approximately $547,000 over the remaining life of the obligations through this refunding. The maturity date on the obligations will remain 2029, and the City will realize savings through lower annual debt service payments of about $50,000 per year. These obligations are currently being paid with three funding sources: 1) 62% with 4B Sales Tax Funds; 2) 16% with Property Tax Funds; and 3) 22% from proceeds received through a contract with the West Texas Utilities Company. Murphy Davis Sr., City's Financial Adviser, will be present at the meeting to go over the final results and figures resulting from this restructuring of our debt service obligations. ® Deputy City Manager ASSOCIATED INFORMATION: Ordinance ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 1 OF 28 PAGES AGENDA ITEM NO. 6.G ORDINANCE NO. AN ORDINANCE AUTHORIZING THE ISSUANCE AND SAI,E 01 CITY 01 W IC II ITA FA ,LS, TEX AS (1 ENE RA L OBI ,I GATIO N R E I. INDING 130 NDS, SERIES 2018B; LEVYING AN ANNUAL .AI) VALOREM TAX AND PROVIDING FOR TIIE SEC( Nay FOR \'\D PAY M OF SAID BONDS; APPROVING IDE 011ICL1i STATEMEN'f AND INSTRI1MENTS AND PROC'EDURES MATING TO SAID BONDS; PROVIDING AN EFFECTIV-E DATE; AND ENACTING 0°111ER PROVISIONS RELATING TO 'ELIE SI 13.1ECT THE STA . TE OE TEXAS CI)I...TNTY OE Wt( IIITA CITY OF WICHITA FALLS. WHEREAS, there are presently the ciutstanding obligations of the Issuer described in Schedule attach.ed. 'hereto, collectively, the "'Refunded Obligations"; WHEREAS, the Issuer now desires to refund the Refunded Obligations; WHEREAS, Chapter 1207, Texas Government Code, authorizes the Issuer to issue refimding bonds and to deposit the proceeds from the sale thereof, together with any other available funds or resources, directly with a paying agent for the Refunded Obligations or a trust company or commercial bank that does not act as a depositrny for the Issuer and is named in these proceedings, and such deposit, if made belbre die payment dates of the Refunded Obligations, shall constitutethe making of firm banking and financial arrangements for the discharge and final payment of the Reflinded Obligations; WHEREAS, Chapter 1207,1 exas Government Code, further authofizes the Issuer 10 enter into an escrow agreement with such paying agent for thc Refimded Obligations or trust company or commercial bank with respect to he safekeeping, investment, reinvestment, administration and disposition of any such deposit, upon such teams and conditions as the Issuer and such paying agent or trust company or commercial bank may agree; WHEREAS, this City Council hereby finds and determines that it is a public purpose and in the best interests of the Issuer to refund the Refunded Obligations in order to restructure debt service payments and to achieve a present value debt: service silyings of o withsuch savings, among other information and tcmis as set forth herein, all in accordance with the provisions of Chapter 1207, Texas Government C.ode, WHEREAS, all the Refunded Obligations mature or are subject to redemption prior to maturity within 20 years of the date of the bonds hereinafter authorized; WHEREAS, the Bonds hereinafter authorized to be issued are to be issued, sold and delivered pursuant 10 the general laws of the State of Texas, including 1 exits Government Code, Chapter 1207, as amended; and WHEREAS, it is officially found, di:tea-Turned, and declared that the meeting at which this Ordinance has been adopted was open to the public and public notice of the time, place and subject matter of the public business to be considered and acted upon at said meeting, including this Ordinance, was given, all 151equired by the applicable provisions of Texas Government Code, Chapter 551; Now, Therefore PAGE 2 OF 28 PAGES AGENDA ITEM NO. 6.G BE IT ORDAINED BY THE CITY COUNCIL./ OF 'ITTE CITY OF WICHITA FAI„..TS, TEXAS: Section 1 'RE(TrAt.,s, AN/()13NT AND PURPOSE ()111� 13(:)NDS. (a) The recitals set forth in .the preamble hereof are incorporated herein and shall have the same force and effect as if set forth. in this Section. (b) The bonds of the. City of Wichita Falls, leXaS (the "Issuer") are hereby authorized to be issued and delivered in the aggregate principal amount of $ for the purpose of ietimding the Refunded Obligations and paying costs of issuance of the Bonds. Section 2. DESIGNATION, DATE, DEN( )MINATIONS, NUMBERS, MATURITIES 1)1 BONDS AND IN'TEREST Each bond issued pursuant to this Ordinance shall b_ designated: "CITY OF W1('1 fA EiVI1,5, TEXAS, GENERAL 01311(1ATION REF1NDIN0 BONI), SERIES 201 811," and initially there shall be issued, sold, and delivered hereunder fully register -ed Bonds, without interest coupons, dated August 1, 201 8, in the principal amount stated above and in the denominations hereinafter stated, numbered T-1, with bonds issued in replacement thereof being in the denominatirms and principal amounts hereinafter stated and numbered consecutively from R-1 upward, payable. to the re Spee five registeted owneis thereof (with the int h.' al bonds being made payable to the initial purchaser as described in Section 10 hereof), or to the registered assignee or assignees of said bonds or any portion or portions thereof (in each case, the -Registered ()wrier). Thc Bonds shall mature, be payable on ()etober 1 in each of thc years in the principal amounts and shall bear interest calculated on the basis of a 360 -day year composed of twelve 30 -day months from the dales specified in the FORM OF BOND ser forth in this Ordinance to their respective dates of maturity or redemption pnor to in:aunty al the rates per annum as fu!10 ws Years Principal Interest Amounts ($) Rates (°'o) The teen "Bonds" as used in this Ordinance shall mean and include collectively the bonds initially issued and delivered pursuant to this Ordinance and all substitute bonds exchanged therefor, as well as all other substitute bonds and replacement bonds issued pursuant hereto, and the term -Bond" shall mean any of the Bonds Section 3. C1 IARACIERIS711CS OF '11HW BONDS, (a) Appointment of Paving Agent/Registrar. The Issuer hereby appoints The Bank of New York Mellon Trust Company, N.A., Dallas, Texas, to serve as paying agent and registrar for the Bonds (the "Paying Agent/Registrar"). The Mayor or City Manager is authorized and directed 10 execute and deliver in the name and on behalf of the Issuer a Paying Agent/Registrar Agreement with the Paying AgentRegi s I ra r. (b) Registration, Transfer, Conversion md Exchange. The issuer shall keep or cause to be kept at the corporate trust office attic, Paying Agent/Regisha books 011ecords fbr the registration of the transfer, 2 PAGE 3 OF 28 PAGES AGENDA ITEM NO. 6.G conversion and exchange of the Bonds (the -Registration Books"), and the Issuer hereby appoints the, Paying Agent/Registrar as its registrar and transfer agent to keep such books or records and make such registration's of transfers, conversions and exchanges under such reasonable regulations as the Issuer and Poing Agent/Registrar mo prescribe; and the Poing :Agent/Registrar shall make such registrations, transfers, conversions and exchanges as herein provided within three days of presentation in due and proper form. Mc Paying Agent/Registrar shall obtain and record in thc Registration Books the address of the registered owner of each Bond to which payments with respect to the Bonds shall be mailed, as herein provided; but it shall be the duly of each registered owner to notify the Paying Agent/Registrar in writing of the address 10 Nvhich payments shall be mailed, and such interest payments shall not be mailed unless such notice. has Ien given. 'the Issuer shall have the right to inspect the Registration Books during regular business hours of the Paying Agent/Registrar, but otherwise the Paying Auent/Registi'af shall keep the Registration Books confidential and, unless otherwise required by law, shall not permit their inspection by any other entity. 'Hie Issuer shall pa the Paying 21gent/Registrar's standard or customary fees and charges for making such registration, transfer, conversion, exchange and delivery of a substitute Bond or Bonds. Registration of assigmnents, transfers, conversions and exchanges of 13onds shall be made in the manner provided and with the effect staled in the FORIV1 OF BOND set forth in this Ordinance. Each substitute Bond shall bear a letter and/or number to distinguish it from each other Bond. (e) Authentication, Except as provided in Subsection (j) of this section, an authorized representative of the Poing :Agent/Registrar shall, before the delivery of any such Bond, (late and manually sign said Bond, and no such Bond shall be deemed to be issued or outstanding unless such Bond is so executed. The Paying Agent/Registrar promptly shall cancel all paid Bonds and Bonds surrendered for conversion and exchange. No additional ordinances, orders or resolutions need be passed or adopted by the governing body of the Issuer or any other body or person so as to accomplish die foregoing conversion and exchange of any Bond or portion thereof and thc Paying AgentRegistrar shall provide for the printing, execution and delivery of the substiltile Bonds in the manner prescribed herein. Pursuant to Subchapter Chapter 1 201, Texas Ciovemment Code, the duty of conversion and exchange of Bonds as albresaid is hereby imposed upon the Paying Agent/Registrar, and, upon the execution of said Bond, the converted and exchanged Bond shall be valid, incontestable, and enforceable in the same manner and with the same effect as the Bonds which initially were issued and delivered pursuant to this Ordinance, approved by the Attorney Cieneral, and registered by the Comptroller of Public Accounts. (d) Payment of Principal and Interest. 'fhe Issuer hereby .further appoints the Paying :Agent/Registrar to act its the paying agent for Poing the principal of and interest on the Bonds, ill i, provided in this Ordinance. The Paying Agent/Registrar shall keep proper record's of all payments made by the Issuer and the Paying ,AgentR.egistrar with respect to the Bonds, and cif all conversions and exchanges of Bonds, and all replacements of Bonds, as provided in this Ordinance, However, in the event of a nonpayment of interest on a scheduled pay:ment d,ate„ and fot thirty (10) dos thereafter, a new record date for such interest payment (a Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the Issuer, Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior 10 the Special Recor,d Date by United States motil, first class postage prepaid„ to the address of each registered owner appearing on the Registration Books at the close of business on the last business do next preceding the date of mailing of such notice. (c) Payment to Registered Owner. Notwithstanding any other provision of this Ordinance to the contrary, the Issuer and the Paying Agent/Registrar shall be entitled to treat and consider the person in whose mune each Bond is registered in the Registration Books as the absolute owner of such Bond for the 3 PAGE 4 OF 28 PAGES AGENDA ITEM NO. 6.G purpose ol payment ot principal and interest with respect to such 'fond, for the purpose ot registenng transfeTs with respect to such Bond, and for all other purposes whatsoever. The Paying r NgentiRep,istrar shall pay all principal of and interest on the Bonds only to or upon the order of the. registered owners, as shown in the Registration Books as provided in this Ordinance, or their respective attorneys duly authorized in writing, and all such payments shall be valid and effective 10 fully satisfy and discharge the Issuer's obligations with respect 10 payment of principal of and interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered Owner, as shown in the Registration Books, shall receive a BOW certificate evidencing the obligation of the Issuer to make payments of principal and interest pursuant to this Ordinance. (t) Paying Agent/Registrar. The Issuer covenants with the registered owners of the Bonds that at all Units while the Bonds are outstanding the Issuer will provide a competent and legally qualified bank, trust company, financial institution or other agency to act as and perform thivices of Paying Agent/Registrar for the Bonds under this Ordinance, and that the Paying Agent/Registrar will be one entity. By accepting the position and perfornfing as such, each Paying Agent/Registrar shall he deemed to have agreed io he provisions of his Ordinance, and a certified copy of this Ordinance shall be delivered to each Paying Agent/Registrar, (g) Substitute Paving Agent/Registrar. 'The Issuer reserves the right lo, arid may, at its option, change the Paying Agent/Registrar upon not less than one hundred -twenty (120) ch' s written notice to the Paying ./Agent/Registrar, 10 be effective not litter than sixty (60) days prior to the next principal or interest payment dale after such notice. In the event that the entity at any time itcting as Paying Agentflegistrar (or its successor by merger, aequisition, or other method) should resign or otherwise cease 10 act as such, the Issuer covenants dud prompily it will appoint a competent i.ind kg II qualified bank, trust company, financial institution, or other agency to act as Paying Agent/Registrar under this Ordinance. Upon any change. in the Piyy Mg Agent/Registrar, Ihe previous Pitying Ageni/Registrar promptly shall transfer and delivCT the Registration Books (cir a copy thereof), along with all other perfinent books and records relating to the Bonds, to the new Paying elgent/Registrat designated and appointed by the Issuer 1 Jpon any change in the Paying Agent/Registrar, the Issuer promptly will cause a mitten notice thereof to be sent by the mw Paying Agent/Registrar to each registered owner °TIM Bonds, by United Slates mail, first-class postage prepaid, which notice also shall give the address of the new Paying Agent/Registrar. (h) Book -Entry Only System, The Bonds issued in exchange for the Bonds initially issued to the purchaser or purchasers specified herein shall be initially issued in the form of a separate single fully registered Bond for each of the maturities thereof and the ownership of each such Bond shall be registered in the name of(lede & Co,, as nominee of The Depository Trust Company, New York, Nev York ("DTC"), and except as provided in subsections (j) and (k) of this Section, all of the outstanding Bonds shall be registered in the name of Cede & Co., as nominee of DIV. (i) Blanket Letter of Representations. The previous execution and delivery of the Blanket Letter of Representations with respect to obligations of the issuer is hereby ratified and confirmed; and the provisions thereof shall he fully applicable to the Bonds, Notwithstanding anything to the contrary contained herein, while the. Bonds are subject to OTC's Book -Entry Chilly System and to the extent pernyitted by law, the Letter of Representations is hereby incorporated herein and its provisions shall prevail over any other provisions of this Ordinance in the event of conflict (j) Bonds Registered in the Name of Cede & Co. With respect 10 Bonds registered in the name of Cede & (_ o., as nominee of 1)1 C, thc Issuer and the Paying Agent/Registrar shall have no responsibility or PAGE 5 OF 28 PAGES AGENDA ITEM NO. 6.G obligation to any securities brokers, and dealers, banks, trust cornpanies, clearing corporations and certain other organizations on whose behalf DTC was created ("DTC Participant") to hold secinitie,s to facilitate the clearance and settlement of securities Manstictions among 1)TC: Participants or to any person on behalf of whom such a DTC 'Participant holds an interest in the Bonds, Without limiting the immediately preceding sentence, the Issuer and the Paying Agent/Registrar hall have no responsibility 017 obligation with respect 10 (1) the accuracy of the records of DTC, Cede & Co. or any :1/11C Participant with respect to any owneship interest in the :13onds„ (n) the delivery to any Dlt.Participant or any other person, other than a registered owner of ,Bonds, as shown on the Registration Books., of arty notice with respect to the Bonds, or (iii) the payment to any DTC Participant or any other person, other than a registered owner of Bonds, as shown in the Registration I3ooks of any amount with respect to principal of or interest on the Bonds. Upon delivery by DTC to the Paying .AgenCRegistrar of written notice to the effect that DTC has determined to substitute a new nominee in place:. of Cede & Co., and subject to the provisions in this Ordinance with respect to interestchecks being mailed to the registered owner at the close of business on the Record dale, the words "Cede 8Z; (7o," in this Ordinance shall refer to such new nominee of 1)T(.7. SUCcessor Securities Depository; Transfers t',/ut side 13 ook-Entry ()My System. In the event that the Issuer determines that DIC is incapable of discharging its responsibilities described herein and in the representation letter of the Issuer to DTC or that it is in the bust interest of the beneficial owners of the Bonds that they he able to obtain certificated Bonds, the Issuer shall (1) appoint a successor securities depository, qualified to act as such under Section 1 7A of the Securities and Exchange Att of 1931 as amended, notify DTC and DIV Participants of the appointment of such successor seculities depository and transfer one or more separate 13onds to such successor securities depository or (ii) notify arc and DIC Participants of the availability through 1Y1 (7 of Bonds and transfer one or more separate Bonds to DfC Participants having Bonds credited to their DT(' accounts. In such event, the Bonds shall no longer be restricted to being registered in the Registration Books in the name of Cede & Co., as nominee of 1)1 (7, but may be registered in the name of the successor securities depositoty, or its nominee, or in whatever name or names registered owners transferring or exchanging tionds shall (esignate, in accordance with the provi si on s of this Oixli n a nee. (1) Payments to Cede & 1 7o. Notwithstanding any other provision of this Ordinance to the contrary, so long as any Bond is registered in the name of ('ede & ('o., as nominee °f1)1 1', all payments with respect to principal of and inlet -est on such Bond and all notices with respect to such Bond shall be made and given, respectively, in the manner provided in the representation letter of the Issuer to 1Th..7. (m) General Characteristics of the Bonds. The 13onds (i) shall be issued in fully registered tom, without interest coupons, with the principal of and interest on such Bonds to he payable only to the Registered Owners thereof, (ii) may and shall be redeemed prior to their scheduled maturities, (hi) may be transferred and assigned, (iv) may be converted and exchanged for other Bonds, (v) shall have the characteristics, (vi) shall be signed, sealed, executed and authenticated, (viii) the principal of and interest on the Bonds skill bs piiyable, and (viii) shall be administered and the Paying Agent/Registrar and the Issuer shall have certain duties and responsibilities with respect to the Bonds, all as provided, and in the manner and to the effect as required or indicated, in the FORM OE BOND set forth in this Ordinance, The Bond initially issued and delivered pursuant to this Ordinance is not required to be, and shall not be, authenticated by the Paying Agent/Registrar, but on i.. ((11 substitute Bond issued in conversion of and exchange loi any Bond or Bonds issued under this Ordinance the Paying Agent/Registrar shall execute the Paying Ag,ent/registrar's Authentication Bond, in the F(,/RM OF B( )NI) set forth in this Ordinance. PAGE 6 OF 28 PAGES AGENDA ITEM NO. 6.G (n) Cancellalion of Initial Bond. On the closing, date, one initial Bond representing the entire, principal amount of the Bonds, payable in stated installments to the order of the initial purchaser of the Bonds or its designee, executes! by' manual or facsimile signature of the 1\4ayor and City Clerk, appnwed by the Attorney General of 'Texas, and registetud and manually signed by the Comptroller of Public Accounts of the State of -Texas, will be delivered to such purchaser or its designeeUpon payment for the initial Bond, the l'aying Agent,i'lcgistrar cancel the initial Bond and deliver to Deft." on behalf of such purchaser one registered definitive Bond for each year of manwity of the Bonds, in the aggregate principal amount of all of the Bonds for such maturity, registered in the name of Cede & Co., .is nominee of RFC, To the extent that the Paying ,Agent/Registrar is eligible to participate in DTC's EAST System, pursuant to an agreement between the Paying Agent/Registrar and DTC, the Paying Agent/Registrar shall hold the definitive I3onds in safekeeping for DTC. Section 4. FORIVI OF BONDS. The inn of the Bonds, including the form of Paying ,Agent/Registrar's Authentication Certificate, the font] of Assignment and the fbrin of Registration Certificate of the Comptroller of Public: Accounts of the State of Texas to be attached to the Bonds initially issued and delivered pursuant 10 Ibis Ordinance, shall be, respectively, substantially as follows, with such appropriate variations, omissions or insertions as are permitted or required by this Ordinance. (a) Form of Bond. NO. R - UNITED STATES OF AMERICA PRINCIPAL 51 (11 0111AMOUNT COUNTY OF WICIIITA CITY oF wiCHITA E4AL15, TEXAS GENERAL OBLIGATION RtiFUNIIANG: f1( )N1) SERIES 2018B Interest Rate Delivery Date REGISTEREDOWNER: Maturity Date CUSIP No. August 21, 2018 October 1 PRINCIPAL AMOUNT': DOLLARS ON THE, NI ATTIRED(' DATE specified above, the City of -Wichita Falls, in Wichita County, Texas, (the "Issuer), being a political subdivision and municipal corporation of the Stine of Texas, hereby promises to pay to the Registered Owner specified above, or registered assigns (hereinafter called the "Registered Owner"), on the Maturity Date specified above, the Principal Amount specified above. The Issuer promises to pay interest on the unpaid principal amount hereof (calculated on the basis of a 360 -day year of twelve 30 -day months) from the Deliver' Date specified above at the Interest Rate per annum specified above. Interest is, payable on October 1, 2018 and semiannually on each Aptil 1 and October 1 thereafter to the 114aturity Date specified above, or the date of redemption prior to maturity; except, if this Bond is required to be authenticated and the date of its authentication is later than the first Record Date (hareinalter defined), such principal amount shall bear interest from the interest payment date next preceding the date cilauthentication, unless such date of authentication is alter any Record Dale but On or before the next following interest payment date, in which case such principal amount shall hear interest from such next Rillocying interest payment date; provided, however, that if on the date of authentication PAGE 7 OF 28 PAGES AGENDA ITEM NO. 6.G hereof the, interest cm the Bond or Bonds, if any, tor which this Bond is being exchanged is due but has not been paid., then this Bond shall bear interest limn the date to which such interest his been paid in Intl. THE PRINCIPAL OF ANT) INTEREST (,)N this Bond are payable in lawful money of the United States of America, without exchange or collection charges. The principal of this Bond shall be paid to the registered owner hereof upon presentation and surrender of this Bond at maturity, or upon the date fixed for its redemption prior to maturity, at the principal corporate trust office of The Bank of New York Mellon Trust C,ompriny, N.A., Dallas, Texas, which is the -Paying AgentRogistrie for this Bond. The payment ofinterest on this Bond shall he made by the Paying Agent/Registrar to the registered owner hereof on each interest payment date by check or draft, dated as of such interest payment date, drawn by the, Payiuu ng AgentRegishar on, and payable solely from, funds of the Issuer required by the ordinance authorizing the issuance of this Bond (the "Bond Ordinance") to be on deposit with the Paying Agent/Registrar for such purpose as 'hereinafter provided; and such check or draft shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, on each such interest payment date, to the registered owner hereof, at its address as it appeared at the close of business on the 1 5th business day of the month preceding each such date (the -Record Date) on the Registration Books kept by the Paying Agerd/Registrar, as hereinafter described, In addition, interest may be paid by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of; the registered owner. In the event of a non- payment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a -Special Record Date") will he established by the Paying Agent/Registrar, if and when hinds for the payment of such interest have been received limn the Issuer. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be fifteen (15) days after the Special Record Date) shall be scat at least five (5) business clays prior to the Special Record Date by United Striles mail, first-C/35S postage properid, to the address of erich owner of a. Bond appearing on the Registration Books at the close of business on the last business day next preceding the date of mailing of such notice_ ANY ,ACCRUED INTEREST due at maturity or upon the redemption cd -this Bond prior to maturity as provided herein shall be pad to the registered owner upon presentation and surrender of this Bond for payment or redemption at the principal corporate trust office of the Paying Agent/Registrar. The Issuer covenants with the registered owner of this Bond that on or before each principal payment date and interest payment date for this Bond il will make available to the Paying Agent/Registrar, from the "Interest and Sinking Fund" created by the Bond Ordinance, the amounts required to provide for the payment in immediately available funds, of all principal of and 1011.11.51 on the 130045, when due. IF' THE DA.TE, for any payment of the principal of or interest on this Bond .shall he a Saturday, Sunday, a legal holiday or a day on which, banking institutions in .the city where .the pnncipal corporate bust office of .the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall bc the next succeeding day that is :not such a Saturday, Sunday, legal holiday or day on which banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. THIS BOND is one of a series of Bonds dated .August 1, 20 1 8, authorized in accordance with the Constitution and laws of the State of -Texas in the principal amount of S for the public purpose of providing funds for reftmding certain outstanding obligations of the Issuer, and to pay the costs incurred in cormection with the issuance of the Bonds. 7 PAGE 8 OF 28 PAGES AGENDA ITEM NO. 6.G ON ()CT0I31R 1, 2027, OR ON ANY DATF THE,REAFTER, the Bonds of this series may be redeemed prior to their scheduled maturities, at the option of the Issuer, with funds derived from any available and lawful source, as, a whole, or in part,, and, if in part, the particular Bonds, or portions thereof, to he 'redeemed shall. he selected and designated by the issuer (provided that a portion of a Bond may be redeemedonly in an :integral multiple of $5,000), at a redemption price equal, to the principal amount to be redeemed plus accrued interest to the date fixed for redetription. WITH RESPECT TO ANY OPTIONAL REDEMPTION OF TILE BONDS, unless certain prerequisites to such redemption required by this Ordinance have been met and moneys sufficient to pay the principal (Wand premium, if any, and interest on the Bonds to be redeemed shall have been received by the Paying Agent/Registrar ptior to the giving of such notice of redemption, such notice shall state that said redemption may, at the option of the Issuer, he conditional upon the satisfaction of such prerequisites and receipt of such moneys by the Pziying ,Agent/Registrar on 01 inior to the date fixed for such redemption, 01 upon any prerequisite set forth in such notice of redemption, if a conditional notice of redemption is given and such prerequisites to the redemption and sufficient moneys are not received, such notice shall he of no force and effect, the Issuer shall not redeem such Bonds and the Paying Agent/Registrar shall give notice, in the manner in which the notice of redemption was given, to the effect that the Bonds have not been redeemed. [Flit I31 )NDS scheduled to mature on t /ctober I in the years 20 and (the -Term Bonds") are subject to scheduled mandatory sinking Rind redemption by the Paying AgentrRegistrar by lot. or by any other customary method that results in a random selection, at a price equal to the principal amount thercot plus accrued interest to the redemption date, out ,of moneys available for such purpose in the interest and in Rind for the Bonds, on each September of the years, and in the respective principal amounts, as set Iiirth in the following schedule: Term Bond Maturity- October 1. 20, Year Principal Amount ($) (stated maturity) The principal amount of Tenn Bonds of a stated maturity required to he redeemed on any mandatory redemption dale pursuant to the operation of the mandatory sinking fund redemption provisions shall be reduced, at the option of the Issuer, by the principal amount of any Term Bonds of the same maturity which, at leaist forty-five (45) days 'prior to a mandanory redemption date (1) shall halve been acquired by the Issuer and delivered to the Paying Agent/Registrar for cancellation, or (2) shall have been redeemed pursuant to the Optional redemption provisions and not theretofore credited against a mandatory redemption requireinent.fi PAGE 9 OF 28 PAGES AGENDA ITEM NO. 6.G LEAST FITIRTY (30) days prior to the date fixed lor any redemption ol Bonds or portions thereof prior to maturity a written notice of such redemption shall be sent by the Paying Agent by United States mail, first-class postage prepaid, at least thirty (3(1) days prior to the date fixed fiir any such redemption, to the registered owner of each Borid to he redeemed at its address as it appeared on the 45th day prior to such redemption date; provided, however, that the failure, of the registered owner to receive such notice. or any defect therein or in the sending or mailing thereof, shalt riot affect the validity or effectiveness of the proceedings for the redemption of any Bond. By the date fixed for any such redemption due provision shall be made with the Paying Agent/Registrar ur the payment of the required redemption price for the Bonds or portions thereof that are to he so redeemed. Ifsuch written notice of redemption is sent and if due provision for such payment is made, all as provided above, the Bonds or portions thereof that are to be so redeemed thereby automatically shall be treated as redeemed prior to their scheduled mainlines, and they shall not bear interest after the date fixed for redemption, and they shall not be regarded as being outstanding except for the right of the registered owner 10 receive the redemption price from the Paying /%gentiRegistrar out of the funds provided for such payment. If a portion of any Bond shall be redeemed, a substitute Bond or Bonds having the same maturity date, bearing interest at the same rate, in any denomination or denominations in any integral multiple of $5,000, al the written request of the registered owner, and in aggregate principal amount equal to the unredeemed portion thereof, will he issued to the registered owner upon the surrender thereof for cancellation, at the expense of the Issuer, all as provided in the Bond Ordinance, ALL BONDS OF TIES SERIES are issuable solely as IbIly registered bonds, without interest coupons, in the denomination of any integral multiple of S5,000. As provided in the Bond Ordinance, this Bond may, at the request of the registered owner or the assignee or assignees hereof, be assigned, transferred, converted into and exchanged for a like aggregate principal amount of fully registered Bonds, without interest coupons, payable to the appropriate registered owner, assignee or assignees, as the case may be, having the same denomination or denominations in any integial multiple of $5,000 as requested in writing by die appropliate registered owner, assignee or assignees, as the case may be, upon surrender of this Bond to the Paying Agent/Registrar for cancellation, all in accordance with the limn and procedures set fortis in alae Bond Ordinance. Among other requirements for such assignment and transfer, this Bond MUM, be presented and surrendered 10 the Paying Agent/Registrar, together with proper instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Regi.strar, evidencing assignment alibis Bond or any portion or portions hereof in any integral multiple of $5,000 to the assignee or assignees in whose name or names this Bond or any such portion or portions hereof is or are to be registered. The form of Assignment printed Or endorsed on this Bond may be executed by the registered owner to evidence the assignment hereof, but such method is not exclusive, and other instruments of assignment ssatisfactory to the Paying Agent/Registiar may be used to evidence the assignment of this Bond or any portion or portions hereof from time to time by the, registered owner. The Paying Agent/Registrar's reasonable standard or customary fees and charges for assigning, transferring, converting and exchanging any Bond or portion thereof will be paid by the Issuer. In any circumstance, any taxes or governmental charges required 10 be paid with respect thereto shall be paid by the one requesting, such assignment, transfer, conversion or exchange, as a condition precedent to the exercise of such privilege. The Paying AgenMegistrar shall not be required to make any such transfer, conversion, or exchange (i) during the period commencing with the close of business on any Record 1)ate and ending with the Opening of business on the next hollowing principal or interest payment date, or (it) with respect to any Bond or any portion thereof called for redemption prior to maturity, within forty-five (45) days prior to its redemption date. IN DIE EVENIL any Paying AgentRegistrar for the Bonds is changed by the Issuer, resigns, or otherwise ceases 10 act as such, the Issuer has covenanted in the Bond Ordinance dial it promptly will 9 PAGE 10 OF 28 PAGES AGENDA ITEM NO. 6.G appoint a competent and legally qualified substitute therefor, and cause written notice thereof to be mailed to the registered owners of the Bonds. [1 IS HEREBY certified, recited and covenanted that this 'Bond has been duly and validly authorized, :issued and delivered; that all acts, conditions and things required or :proper to be performed, exist and be done precedent to or in .1he authatization, issuance and delivery of Ibis Bond have been performed, existed and been done in accordance with law; and that annual ad valorem taxes sufficient to provide for the payment of the :interest on and principal of this .13ond, as such interest conies due and such, pirinc:ipal matures, have been levied and ordered to be levied againstaIltaxable property in said 'Issuer,and have been pledged for such payment, within the limit prescribed by law. THE ISSUER .1.1AS RESERVFT) THE RIGHT to amend the Bond Ordinance as provided therein, and .under some (but not all) circumstances amendments thereto must be approved by the registered owners of a majority in aggregate :principal amount attic outstanding, Bonds., BY BE('OMING the registered owner of this Bond, the registered owner thereby acknowledges all of the terms and provisions of the Bond Ordinance, agrees to he bound by such terms and provisions, acknowledges that the Bond Ordinance is duly recorded and available kir inspection in the official minutes and records oldie governing body of the Issuer, and agrees that the terms and provisions of this Bond and the Bond Ordinance constitute a contract between each registered owner hereof and the Issuer. IN WITNESS WHEREOF, the Issuer has caused this Bond to be signed with the manual or thcsimil c signature of the Mayor of the issuer (or in his absence, the Mayor Pro Tem) and countersigned with the manual or facsimile signature of the City Clerk of said Issuer, and has caused the official seal of the Issuer to be duly hnpressed, or placed in facsimile, on this Bond. (SEAL) (signature) (signature) City Clerk. Mayor (h) Form of Paying Agent/Registrar's Authentication Certificate. PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICAIE (To be executed if this Bond is not accompanied by an executed Registration Certificite ot the Comptroller of Public ;Accounts ot the State oTtexas) 11 is hereby certified that this Bond has been issued under the provisions of the Bond Ordinance described in the text of this Bond; and that this Bond has been issued m conversion or replacement of, or in exchange for, a I3ond, Bonds, or a portion of a Bond or Bonds of a series that originally was approved by the ;Attorney (ieneral of the State of Texas and registered by the Comptroller of Public Accounts of the StaiQ ofTcxas Da fed: The Bank of New York Mellon Trust ('osnpany, NA Dallas, Texas Paying Agent/Registrar 1(1 PAGE 11 OF 28 PAGES AGENDA ITEM NO. 6.G (c) Form of Assignment, By: .1.uthori zed Representative A SSWNA/PENT (I1ease print or type. clearly) For value received, the undersigned hereby sells, assigns and transfers unto: Trattsteree's Social Security or 'faxpayer Identification Number; Transferee's name and address, including zip code: the within Bond and all rights thereunder, nid hereby irrevocably constitutes and appoints attorney, to register the transfer ol the within Bond on thc books kept for registration rgi,1ratioI1 thereof, with full power of substitution in the premises. Dated: Signature: Guaranteed: NOVICE: Signaturc(s) must be guaranteed by an eligible guarantor institution participating in a securities transfer association recognized signature guarantee program. NOTICE: "Ihe signature above must correspond with the name of the registered owner as it appear; upon the front of this Bond in every particular, without alteration or enlargement or any change whatsoever. (d) Form of Registration Cerfilicate (Attie Comptroller ot Public Accounts. COIVII11R 01 .LER' S REGIS RA'l ION CER'l (...7 : REGIS 1 FA NO. I hereby certify that there is on file and of record in my office a true and eorrect copy of the opinion of the Attorney General of the State of Texas approving this Bond and that this Bond has been regislered this day by inc. Witness my signature and seal this PAGE 12 OF 28 PAGES AGENDA ITEM NO. 6.G Comptroller al:Public Accounts of the. State al le.xas (COMPTROLIER'S SEAL) (e) I.nilial Bond Insertions. (i) The initial Bond shall be in the form set forth is paragraph (a) of this Section, except that: A. inninediately under the name of the Bond, the headings "Interest Rate" and "11/Eatutity Date" shall both be completed with the words "As shown below" and “CITSIP No. " shall be deleted. B. the first paragraph shall be deleted and the following will be inserted: "THE CITY OE INK:11.1TA FA1 1,S: TEXAS, in Wichita County, Texas (the "Issuer"). being a political subdivision and municipal corporation of the State of Texas, hereby promises, to pay to the Registeied Owner specified above, or registered assigns (hereinafter called the "Registered Owner"), on October 1 in each of the years, in the mincipal amounts and beating interest at the per annum rates set forth in the Billowing schedule: Years Principal Amounts (5) Interest Rates (%) (inti -minion Rom Section 2 to be inserted) The Issuer promises to pay interest on the unpaid principal amount hereof (calculated on the basis of a 360 - day year of twelve 30 -day months) from the Delivery Date specified above at the respective Interest Rate per annum specified above, interest is payable on October 1, 2018 and semiannually on each April 1 and October I thereafter to the date of payment of the principal installment specified above, or the date of redemption prior to maturity; except, that if this Bond is required to be authenticated and the date of its authentication is later than the first Record Date (hereinafter defined), such Principal Amount shall bear interest from the interest payment date next preceding the date of authentication, unless such date of authentication is after any Record Date but on or before the nexi following interest payment date, in which case such principal amount shall bear interest from such next following interest payment date:, provided, however, that if on (he date of authentication hereof the interest on the Bond or Bonds, if any, EN which this Bond is being ,exchanged is due but has not been paid, then this Bond shall bear interest from the date to which such interest has been paid in full." C. The Initial Bond shall he numbered -T-1." Section 5. INTEREST AND SINKING FUND. (a) special "Interest and Sinking Fund" is hereby created and shall be established and maintained by the Issuer as a separate fund or account for the payment of the Bonds. Said Interest and Sinking Fund shall be kept separate and apart from all other funds and accounts of said Issuer, and shall bc used only fbr paying the interest on and principal of said Bonds: All amounts received from the sale of the Bonds as accrued interest shall be deposited upon receipt to the Interest and Sinking Fund, and all ad valorem taxes levied and collected for and on account of said Bonds Shall be deposited, as collected, to the credit of said I 2 PAGE 13 OF 28 PAGES AGENDA ITEM NO. 6.G Interest and Sinking, Fund. During each year while any 01 said Bonds are outstanding and unpaid, the governing body of said Issuer shall compute and ascertain a rate and amount of ad valorem lax that will be sufficient to raise and produce the money required to pay the interest on said Bonds as such interest comes due, and to provide and maintain a sinking fund adequate to pay the principal ofs,aid Bonds as such principal matures (but never less than 2% of the original amount of said Bonds as a sinking fund each year); and said tax shall be based on the latest approved tax rolls, of said Issuer, with hill allowances being made for tax delinquencies and the cost of tax collection. Said rate and amount of ad valorem tax is hereby levied, and is hereby ordered to be levied, against all taxable property in said issuer, for each year while any of said Bonds are outstanding and unpaid, and said tax shall be assessed and collected each such year and deposited to the credit of the aforesaid Interest and Sinking Fund. Said ad valorem taxes sufficient to provide 'kir the payment of the interest on and principal of said Bonds, as such interest comes due and such principal matures, are hereby pledged for such payment, within the limit prescribed by law. Notwithstanding the requirements of this Section, if lawfully available moneys of the Issuer are on deposit in the Interest and Sinking Fund in advance of the time when ad valorem taxes are scheduled to be levied for any year, then the amount of taxes that othenvise would have been required to be levied pursuant Co this Section may be reduced to the extent and by the amount of the lawfully available funds then on deposit in the Interest and Sinking Fund. (b) 'Chapter 1208, Texas Government Code, applies to the issuance of the Bonds and the pledge of the taxes 'granted by the Issuer under this Section, and is therefOre valid, effective, and perfected. Should Texas law be amended at any time while the Bonds are outstanding and unpaid, the result of such amendment being that the pledge of the taxes granted by the issuer under this Section is, to be subject 10 the filing requirements of Chapter 9, Business & Commerce („'ode, in order 10 preserve to the registered owners of the Bonds a security interest in said pledge, the Issuer agrees to take such measures as it determines are reasonable and necessary under 'texas law to comply with the applicable provisions of Chapter 9, Business & Commerce Code and enable a tiling of a security interest in said pledge to occur. Section 6. DEFEASANCE OF BONDS, (a) Any Bond and the interest thereon shall be deemed to be paid, retired and no longer outstanding (a "Defeased Elond") within the meaning of this Ordinance, except to the extent provided in Subsection (d) of this Section, when payment of the principal of such Bond, plus interest thereon to the due date heater such due date he by reason of maturity or otherwise) either (i) shall have been made or caused to be made in accordance with the terms thereof, or (ii) shall have been provided fur on Or before such due date by irrevocably depositing with or making available to the Paying Agent/Registrar in accordance with an escrow agreement or other instrument (the "Future Escrow Agreement") for such payment (1) I awful money of the United States of America sufficient to make such payment or (2) Defeasance Securities that mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money to provide for such payment, and when proper arrangements have been made by the Issuer Willi the Paying Agent/Registrar for the payment ofils service's until all Deleased Bonds shall have become due and payable. At such time as a Bond shall be deemed to be a Defcased Bond hereunder, as aforesaid, such Bond and die interest thereon shall no longer be secured by, payable from, or entitled to the benefits of, the ad valorem taxes herein levied and pledged as provided in this Ordinance, and such principal and interest shall be payable solely from such money or Defeasance Securities. Notwithstanding any, other provision of this Ordinance to the contrary, it is hereby provided that any determination not to redeem Defeased Bonds that is made in conjunction with the payment arrangements specified in Subsection (a)(i) or (ii) of this Section shall not be irrevocable, provided that: (1) in the proceedings providing for such Nyment arrtingements, 1111. Issuer expressly reserves the right to 1.:111 the 13 PAGE 14 OF 28 PAGES AGENDA ITEM NO. 6.G I)efeased Bonds tor redemption; (2) gives notice of the reservation of that right to the owners of the Defeased Bonds immediatdy lb:Bowing the making of the payment arrangements; and (3) directs that notice of the reservation be included in any redemptiim notices that it authorizes, (b) Any moneys so deposited with the Paying AgentRegistrar may at the mitten direction of the Issuer be invested in Defeasanee Securities, maturing in the amounts and times as hereinbcfore set forth, and all income from such Defeasance Securities received by the Paying Agent/Registrar, that is not required for the payment of the Bonds and interest thereon, with respect to which such money ho been so deposited, shall be turned over to the Issuer, or deposited as directed in writing by the Issuer. Any Future Escrow Agreement pursuant to which the money and/or Defeasance Securities are held for the payment of Defeased Bonds may contain provisions permitting the investment or reinvestment of such moneys in Defeasance Securities or the substitution of other r/cfciasance Securities upon the satisfaction of the iequitements specified in Subsection (a)(i) or (if) of this Section. All income from such Defeasance Securities received by the Paying AgemI/Registrar which is not required for the payment of the Defeascd Bonds, with respect to which such money has been so deposited, shall he remitted to the issuer or deposited as directed in writing by the Issuer, (c) The term "Delea,sance Securities" means (I) direct noncallable obligations oldie United States, including obligations that are unconditionally guaranteed by. the United States; and (2) noncallable obligations of an agency or instrumentality Of the United State, including obligations that are unconditionally guaranteed 01 insured by the agency or instrumentality and that, on the date, the governing body of the City adopts or approves the proceedings ,authorizing the :issuance of relimding bonds, are rated as to :investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent (d) Until all Deleased Bonds shall have become due and payable, the Paying Agent/Registrar shall perform the services of Paying /1,gent/Registrar tr such Deleased Bonds the same as if they had not been defeased, and the Issuer shall make proper arrangements to provide and pay for such services as required by this Ordinance, (c) In the event that .the Issuer elects to def.:Case less than all of .the principal amount of Bonds of a maturity, the ,Paying Agent/Registrar shall select, or cause to be selected, 8A1C11amount of ,Bonds by such random method as it deems fair and appropriate. Section 7, DAMAGED, .NRYFILATED, LOST, STOLEN, OR DESTROYED BONDS, (a) Replacement Bonds. In the event any outstanding Bond is damaged„ :mutilated, lost, stolen or destroyed, the Paying .Agent/Registrar shall cause to be printed, executed and delivered, a new f3ond of .Ihe same principal amount .matuiity and interest rate„ as thc damaged, mutilated, lost, stolen or destroyed Bond, in replacement for such, Bond in the :manner hereinafter provided. (b) Application for Replacement ,Bonds. Application for replacenrient of diunaged, mutilated, lost, stolen or destroyed Bonds shall be made by the registered owner thereof' to the Paying Agent/Registrar. In every case of loss, theft or destruction of a Bond, the registered owner applying, for ,a replacement 'Bond shall finnish to the issuer and to the Paying. AgentR,egistrar such secmity or indenmity as may be required by them 10 save each of them ,hannless from any loss or damage with respect thereto,. Also, in every case of loss, theft or destruction of a I3ond, the registered owner shall furnish to the issuer and to the Paying ikgent/Regisirar evidence to their satisfaction of the loss, theft or destruction of such l3ond, as the case may 11 PAGE 15 OF 28 PAGES AGENDA ITEM NO. 6.G I. In every case of damage or mutilation of a 1.3ond, the 'registered °WW1" shall surrender to the Pitying Agent/Registrar flir cancellation the Bond so damaged or mutilated. (c) No Default Occurred. Notwithstanding the foregoing provisions of this, in the event any such Bond shall have matured, and no default has occurred that is then continuing in the payment of the principal of, redemption premi inn, if any, or interest on the Bond, the Issuer may authinin the payment of the same (without surrender thereof except in the case of a damaged or mutilated Bond) instead of issuing a replacement Bond, pmvided security or indemnity is furnished as above provided in this Section. (d) Charge kir hiSliiiI19 Replacement Bonds. Prior 10 the issuance of any replacement Bond, the Paying Agent/Regi sitar shall charge, the registered owner of such Bond with all legal, minting, and other expenses in connection therewith. Every replacement I3ond issued pursuant to the provisions of this Section by xi rine of the fact that any I3ond is lost, stolen or destroyed shall constitute a contractual Obligation of the Issuer whether or not the lost, stolen or destroyed Bond shall be found at any time, or he enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and proportionately with any and all other Bonds duly issued under this Ordinance. (e) Authority 'for Issuing Replacement Bonds. In accordance with Sou. 1206.022, Government Code, this Section of this Ordinance shall constitute. authority for the issuance of any such replacement fioncl without necessity of further action by the governing body of the Issuer Or any Other body or person, and the duty of the replacement of such Bonds is hereby authorized and imposed upon the Paying Agent/Registrar, and the Paying Agent/Registrar shall authenticate and deliver such Bonds in the 10110 and manner and with the effect, as provided in Section 3(b) of this Ordinance for Bonds issued in, conversion and exchange for other Bonds. Section 11 CI1S. TOD)", APPROVAI, AND REGISI R.,ATION OE BONDS:, 130i) Col TNSEL'S ()PINION; (USIP NUNIBERS ANI) CON'FING17,NT INSURANCE PR( )\ lE OBTAINED', ENGAGEMENT OF BONT) COI1NSEI (a) the Mayor, the City 111anager or the Finance Director of the Issuer is hereby authorized to have control of the Bonds initially issued and delivered hereunder and all necessary, recordsand proceedings pertaining to the Bonds pending their delivery, and their investigation, extunination, and approval by the Attorney General of the Slate of TCas, and their registration by the Comptroller of Public ;Accounts of the State of Texas. Upon registration of the Bonds said Comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller) shall manually sign the Comptroller's Registration Certificate attached to such Bonds, and the seal of said Comptroller shall be impressed, or placed in facsimile, on such Bond. The approving legal opinion of the issuer's Bond Counsel and the assigned CUSIP numbers 'nay, at the option of the Issuer, be minted on the Bonds issued and delivered under this Ordinance, but neither shall have any legal effect, and shall be solely for the convenience and information of the registered owners of the Bonds. In addition, if bond insurance is obtained, the Bonds may bear an appropriate legend as provided by the insurer. (b) The obligation ot the initial purchaser to accept delivery of each series of the Bonds is subject to the initial purchaser being furnished with the final, approving opinion of McCall, Parkhurst & Horton L -LP., bond counsel to the, Issuer, which opinion shall be dated as of and delivered on the date of initial delivery of the Bonds to the initial purchaser. The engagement of such fine as bond counsel to the Issuer in connection with issuance, sale and delivery of the Bonds is hereby approved and confirmed. ilie execution and delivery of an engagement letter between the Issuer and such firmwith respect to such 15 PAGE 16 OF 28 PAGES AGENDA ITEM NO. 6.G services as bond counsel, is hereby authorized in such toren as may be approved by the Mayor or City klanager, and the Mayor or City, Manager is hereby authorized to execute such engagement letter. Section 9. COVENANTS REGARDIN(3 TAX 'EXEMPTION OF INTEREST ON THE BONDS.. (a) Covenants. The Issuer covenants to take any action necessary 10 assure, or refrain from any action that would adversely affect, the treatment of the Bonds as obligations described in section 103 of the Internal Revenue Code of 1986 (the "Code"), the interest on which is not includable, in the -gross income" of the holder lir purposes of federal income taxation. In Ihrtherance thereof, the Issuer covenants as follows, (1) to take any action to assure that no more than 10 percent of the proceeds of the Bonds (less amounts deposited to a resetve fund, if any) are used for any "private business use," as defined in section 141(b)(6) of the Code or, if more than 10 percent of the proceeds or the projects financed therewith are so used, such amounts, whether or not received by the Issuer, with respect to such private business use, do not, under the terms of this Ordinance or any underlying arrangement, diriIy or indirectly, secure or provide for the payment of more than 10 percent of the debt service on the Bonds, in contravention of section 141(1)(2) of the C''ode; (2) to take any action to assure that in the event that the "private business use' described in Subsection (1) hereof exceeds 5 percent of the proceeds of the Bonds or the projects financed or refinanced therewith (loss amounts deposited into a reserve fund, if any) then the amount in excess of 5 percent is used for a "private business use" that is "related" and not "disproportionate," within the meaning of section 141(b)(3) of the Code, to the governmental use; (3) to take any action to assure that no amount that is greater than the, lesser of $5,000,000, or 5 pereem of the proceeds of the Bonds (less amounts deposited into a reserve fund, if any) is directly or indirectly used to finance loans to persons, other than state or local governmental 'units, in contravention of ,section 141(c) of the Code; (4) to refrain from taking any action that would otherwise result in the Bonds being treated as "private activity bonds" within the meaning of section 141(b) of the Code; (5) to refrain frorn laking any action that would result in the Bonds being -federally guaranteed" within the meaning of sect' on 149( b) of the C'ode; (6) to refrain from using any portion of the proceeds of the Bonds, directly or indirectly, to acquire or to replace funds that were used, directly or indirectly, to acquire investment property (as defined in section 148(b)(2) of the ('ode) that produces a materially higher yield over the term of the Bonds, other than investment properly acquired W1111 (A) proceeds of the Bonds invested for a .reasonable temporally period of 3 years or less 01, in the case of a current refunding bond for a period of 90 days or in the case of an advance 'refunding hod .for a 'period of 30 days, or less .until such proceeds are needed for the purpose, for which .the, Bonds are issued, (B) amounts invested in a bona fide debt service fund, within the meaning of section 1.148- 1(b) of the Treasury Regulations, and 1.6 PAGE 17 OF 28 PAGES AGENDA ITEM NO. 6.G (C) amounts deposited in. any .reasonably required reserve or replacement hind to the extent such amounts do not exceed 10 percent attic proceeds of the 'Bonds; (7) to otherwise restrict the use of the proceeds of the Bonds, or amounts treated as proceeds ofthe Bonds„ as may be necessary, so that .the Boncls do not otherwise contravene the requirements of section 148 of the Code (relating to arbitrag,e); and (8) to refrain from using the proceeds of the Bonds or proceeds of any prior bonds to pay debt service on another issue more than 90 days alter the date of issue of the Bonds in contravention of the requirements of seclion 149(d) of the Code (relating to advance refundings); and (9) to pay to the United States of America at least once during each live -year period (beginning on the date of delivery of thc Bonds) an amount that is at least equal to 90 percent of the "Excess liamings," within the meaning of section 148(f) of the Code and to pay to the United States of America, 1101 later than 6t) days after the Bonds have been paid in full, 100 percent of the amount then required to be pind as a result of EXCCSS Earnings under section 148(1) of the Code; and (1)) Rebate Fund. In order to facilitate compliance with the above covenant (a)(8), a -Rebate Fund" IS hereby established by the Issuer for the sole benefit of the llniteid States of America, and such Fund shall not be subject to the claim of any other person, including without limitation the Bondholders. The Rebate Fund is established for the additional purpose of compliance with section 148 of the C7odc. (e) Use of Proceeds, For purposes of the foregoing covenants (a)(1.) and (a)(2), the Issuer understands that the term "proceeds" includes "disposition proceeds" as defined in the Treasiny Regulations and, in the case of refunding bonds, transferred proceeds (if any) and proceeds of the Refunded Obligations expended prior to the date of issuance of the Bonds. Il is the understanding of the issuer that the covenants contained herein are intended to assure compliance with the Code and any regulations or rulings protnulgated by the U.S. Department of the Treasury pursuant thereto. In the event that regulations or rulings are hereafter promulgated that modify or expand provisions of the Code, as applicable to the Bonds, the Issuer will not be required to comply with any covenant contained herein to the extent that such failure to comply, in die opinion of nationally recognized bond counsel, will not adversely affect the exemption from federal income taxation of interest on the Bonds under section 103 of the Code. In the event that regulations or rulings are herealler promulgated that impose additional requirements applicable to the Bonds, the Issuer agrees to comply with the additional requirements to the extent necessary, in the opinion of nationally recognized bond counsel, to preserve the exemption limn federal income taxation of interest on the Bonds under section 103 of the Code. In Ibrtherance of such intention, the Issuer hereby authorizes and directs Ole Mayor, the City Manager or the Finance Director to execute any documents, certificates or reports required by the Code and to make such elections, on behalf of the Issuer, that may be permitted by the: Code as are consistent with the purpose for the issuance of the Bonds. ((1) I)isposition, of Projects. The Issuer covenants that the properly constituting the projects financed or refinanced with the proceeds of the Bonds will not he sold or otherwise disposed in a transaction resulting in the receipt by the Issuer of cash or other compensation, unless any action taken in connection with such disposition will not adversely affect the tax-exempt status of the Bonds. For purpose of the foregoing, the Issuer may rely on an opinion of nationally-tccogni zed bond counsel that the action taken in connection with such sale or other disposition will not adversely affect the tax-exempt status of the Bonds, For pm -poses of the foregoing, the portion of the property comprising personal property and clisposed in the I 7 PAGE 18 OF 28 PAGES AGENDA ITEM NO. 6.G ordinary course Shall not be treated as a transaction resulting in the receipt ol cash or other compensation. For purposes hereof the Issuer shall not be obligated to comply with this covenant it' it obtains an opinion that such failure to comply will not adversely affect the excludability for federal income lax purposes from gross income of the interest. Section. 10. SALE OE" .BONDS AND .APPR0 .• AI, OP()EPICENE STATEMENT; 14.111,11.111ER PROCEDIERES. (a) 111he Bonds zire hereby sold and shall be delivered to Securities Inc., as representative of the itself Raymond James and Associates, Inc. (together, the "Underwriters"), for the purchase price of (representing the par amount of the Bonds of'S, , plus a [net] original issue premium of and less an Underwriters' discount of pnrsuant to the terms and provisions of a Purchase i1greement with the Underwriters. It is hereby officially found, determined, and declared that the Bonds have been SOW pursuant to the terms and provisions of a Purelise Agreement in substantially the form presented at this meeting, which the Nlayor of the Issuer is hereby authorized and directed to execute. It is hereby officially found, determined, and declared that the terms of this sale are the most advantageous reasonably obtainable. The initial Bond shall be registered in the name of Hilltop Securities Inc. or its designee. (b) The Issuer hereby approves the form and content of. the Official Statement relating to the Bonds and any addenda, supplement or amendment thereto, and approves the distribution of such Official Statement in the reoffering of the Bonds by the lInderwriters in final form, with such changes therein or additions thereto as the officer executing the same may deem advisable, such determination to be conclusively evidenced by his execution thereof The distribution and use of the Preliminary Official Statement dated July , 21)18, prior to the date hereolis hereby riitilied and confirmed. (c) Ile hilayoid, City 11/lanager, Assistant City Manager, City Clerk and Finance Director, and each of them, shall he and they are hereby expressly authorized, empowered and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge and deliver in the name of the Issuer all other such documents, certificates and instruments, whether 01 1101 herein mentioned, as may be necessary or desirable in order to carry out thc terms and provisions of this Ordinance, the Bonds, the sale of the Bonds and the Official Statement. In ease any officer whose signature shall appear on any Bond shall cease to he such officer befiire the delivery of such Bond, such signature shall nevertheless be vidid incl sufficient for all purposes the same as if such officer hadleMained in office until such delivery. Section 1 1. (11)111PLIANCE WITI I REIT 15c2-12, (a) .Definitions, As used in this Section, .the .following terms have the meanings ascribed to such terms "MSRI.3" means the Nlunicipal Securities Rulemaking Board. -Rule" means SEC Rule 1 5c2-12, as amended from lime to time. SEC" means the United States Securities and Exchange Commissiim. (b) Annual Reports. (i)1iie Issuer shall provide annually to 1he MSRD. in an electronic format as prescribed by the MSRB, within six (6) months after the end of each fiscal year ending, in or after 2018, financial 18 PAGE 19 OF 28 PAGES AGENDA ITEM NO. 6.G inlorrmation and operating data with respect to the Issuer of the general type included in the final Official Statement authorized by Section 9 of this Ordinance, being the information described in Exhibit A hereto. The Issuer will additionally provide audited financial statements when and if available, and in any event, within twelve (12) months alter the end of each fiscal year ending in or after 2018. If the audit of such financial statements is not complete within twelve (12) months after any such fiscal year end, then the Issuer will file unaudited financial statements within such twelve (12) month period and audited financial statements for the applicable fiscal year, when and if the audit report on such statements becomes available. Any financial statements so to be provided shall be prepared in accordance with the accounting principles described m Appendix 13 to the Official Statement, or such other ace,ounting iminc ipl es as the. Issuer may be required to employ firom time to time pursuant to state law or regulation. (ii) If the, Issuer changes its fiscal year, it will, notify the 1\ISRB of the change (and of the date of the new fiseat year end) .prior to the next date by which the Issuer otherwise would be required to provide financial information. and operating data pursuant to this Section., The .financial infbrmation and operating data to be provided pursuant to this Section may be set forth in full in. one or more documents or may be included by specific reference to any document that is available to the public on the .NISR.13" s,internet website or filed with the SEC. All documents provided to the 114SR.11 pursuant to this Section shall be accompanied by identifying information as prescribed by the NISR13,. (c) Event Notices. (i) fhe Issuer -shall notify the. MSRB in an electronic formai as prescribed by thel\fSRB, in a timely manner (but not in excess of ten (10) business days after the occurrence of thc event) of any of the following events with respect to the Bonds; 1. Principal and interest payment delinquencies; 2. Non-payment related defaults, if material; 3. lInscheduled draws on debt service reserves reflecting financial di file ul lies; 4. Unscheduled draws on credit enhancements reflecting financial difficulties; 5. Substitution of credit or liquidity providers, or their fail ate 10 perform; 6. Adverse lax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TE13) or other material notices or determinations with respect to the lax status of the Bonds, or other events affecting the tax status of the Bonds; 7. Modifications to rights of holders of the Bonds, if material; 8. Certificate calls, if material, and tender offers; 9. De fe a s anc e s ; 10, Release, substitution, or sale of property securing repayment of the Bonds, if Material; 11. Rating changes; 12, Bankruptcy, insolvency, receivership or similar event of the issuer; 13. The cons ununati on, of a merger, consolidation, or acquisition involving the Issuer or the sale of all or substantially all of the assets of the Issuer, other than m the ordinary course of business, dte entry into a definitive agreement to undertake such an action or the termination of a definitive agieernent relating to any such actions, other than pursuant to its terms, if material; and 14, Appointment of a successor trustee or chtinge in the name of the trustee, if matethil. i 9 PAGE 20 OF 28 PAGES AGENDA ITEM NO. 6.G .As used in clause 12 above, the phrase "bankruptcy, insolvency, .receivership or similar event." means the appointment of a receiver, fiscal agent or similarofficer far the Issuer in a proceeding ander the U.S. Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority hos assumed jurisdiction over substantially all of the assets of the 1,ssuer.,. or if jurisdiction. has been as,sumed by leirving the existing City Council and officials Or OffiCCIS of the Issuer in possession but strbject to .the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization„ arrangement or liquidation. by a court or governmental authority having supervision or jurisdiction over substantially all of the ,assets or business, of the Issuer. (ii) The Issuer shall notify the MSRII, in a timely manner, of any failure by the Issuer to provide financial information Of operating data in accordance with subsection (b) of this Section by the time required by such subsection, (d) Lirnitations,...Diselaimers .andAmendments„ (1) The Issuer shall be obligated to observe and perform the covenants speei fled in this Section for so long as, but only fir so long as, the Issuer remains an -obligated person" with respect to the Bonds within the meaning of the Rule, except that the Issuer in any event will give notice of any deposit made in accordance with this Ordinance or applicable law that causes Bonds no longer to be outstanding. (ii) 'The provisions of this Section are for the sok benefit of the registered owners and beneficial owners of the Bonds, and nothing in this Section., express or implied, shall give any 'benefit or any legal or equitable tight, remedy, or claim hereunder to any other person, 71The Issuer 'undertakes to provide only the financial infinmation„ operating, data, financial statements, and 'notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information .that may be relevant or material to a complete presentation Of .the Issuer's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise„ except as expressly provided herein The Issuer does not make any representation or 'warranty concerning such. information or .its usefulness to a decision to invest in or sell Bands at any future date, (iu) 1JN-1)11', R NO CI R JM S'I`A NC E 5 SI1A „I, THE IS SITE R 13,E L A131 E '1111 RI (11511 OWNER OR BENEFI('IAI„ ()IVNIR ()F ANY 111 )ND OR ANY OT1117,R PERSON, IN CON:TR/1(7T OR TORT, FOR IM:VIAGES RESUI :TING IN WII01„E OR IN PART ER(A4 ANY BREACH 13Y THE ISSUER, WILEl'HER NEGLIGEN't ()R'.EI 1101 1 FAULI (,)N rrs PARI, OF ANY ('OV.ENANT SPECIFIR) IN "IELIS SECTION, BUT EVERY RIGHT ANI) REIVETiDY OE ANY SUCH PERSON, IN CONTRACT OR "f()RT, FOR OR, ON ACC,OUN'f OF ANY SUCH BREA(.1 1 SHALL BE LIMITED TO AN A(7.110N F( )R MANDAMUS ()R SPECIFIC PERFOR.NI,ANCIIi. (iv) No default by the Issuer in observing or performing its Obligations under .fltis Section shall. comprise a breach of or default under .this, Ordinance fiiir .purposes of any other provision of this Ordinance.Nothing in this Section is intended or shall act to disclaitn, waive, or otherwise limit the duties of the Issuer under federal and state securities laws. 20 PAGE 21 OF 28 PAGES AGENDA ITEM NO. 6.G (v) Should the Rule be amended to obligate the Issuer to make filings with or provide notices to entities other than the ,MSRB, the issuer hereby agrees 10 undertake such obligation with respect, to the Bonds in accordance with the Rule as a:mended. The provisions of this Section may be aniended by the Issuer from time to time to adapt to changed circiunstances that arise from a change in legal requirements, a change in Law, or a ehangc in the identity, nature, status, or type of operations of the Issuer, but only if (1) the provisions of this Section, as so amended, would have permitted an underwriter 10 purchase Or sell Bonds in the primary offering of the Bonds in compliance with the Rule, laking into account any amendments or :in te.rpreUdions of the Rule since such offering as well as such changed circumstances and (2) either (a) the registered Owners of a majority in aggregate principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the outstanding Bonds consent t.0 such amendment or (b) qualified person that: is unaffiliated with the Issuer (such as nationally recognized bond counsel) determined that such amendment will not materially impair the interest of the :registered owners and beneficial owners of the Bonds. The Issuer may also amend or repeal the provisions of this continuing disclosure agreement if the SEC amends or repeals the applicable provision of the Rule or a court of final jurisdiction enters judgment that such provisions of the Rule are invalid, but only if and to the extent that the provisions of this sentence would not prevent all underwriter from lawfidly purchasing or selling Bonds in the primary offering of the Bonds. If the Issuer so amends the provisions of this Section, it shall include with any amended financial information or operating data next provided in accordance with subsection (h) of this Section an explanation, in narrative form, of the reason for the amendment and of the impact of any change in the type of financial information or operating data so provided. Section 12. IVIE.11-10D (,)1," AMENDMENT. The Issuer hereby reserves the right 10 amend this Ordinance subject to the following terms and conditions, lo -wit: (a) "the Issuer may from time to time,without the consent of any holder, except as otherwise required by paragraph (h) below, amend or supplement .this Ordinance in order to (i) cure any ambiguity, defect, or omission in this Ordinance that does not materially adversely affect the interests of .the holders, (ii) grant additional rights or security for the benefit of the holders, (iii) add events, of default as shall not be inconsistent with the provisions of this Ordinance and that shall not materially adversely affect .the interests of the holders, (iv) qualify this Ordinance under the 'Trust Indenture ,Act of 1939, as amended, or corresponding provisions of federal laws from time to time in effect, or (v) make such other provisions in regard to tnatters or questions arising under this Ordinance as shall. not be inconsistent: with the provisions (11 11115 Ordinance and .that Shall not in the opinion (Attie Issuer's Bond Counsel materially adversely affect the interests of the holders. (h) ,Except as provided in paragraph (a) above, the holders of Bonds, aggregating in mincipal amount 51 % of the aggregate principal amount of then. outstanding Bonds that are the subject of a. proposed amendment shall have the tight from time to timc to ,approve any amenthrient hereto that may be deemed necessary or desirable by the Issuer; provided, however, that without the consent of 100943, of the holders in aggregate mincipal. amount of the then outstanding Bonds, nothing herein contained shall permit or be construed to permit amendment at'ille 'terms and conditions at this Ordinance or in any of .the Bonds so as to! (1) Niake any change in the maturity of any of the outstanding Bonds; (2) Reduce the rate of interest home by any of the outstanding Bonds; 21 PAGE 22 OF 28 PAGES AGENDA ITEM NO. 6.G (3) Reduce the amount 01 the principal all or redemption premium, il any, payable on any outstanding Bonds: (4) Modify the toms of payment of principal or of interest or redemption premium on outstanding Bonds or any of them or impose any condition with respect lo such payment; or (5) Change the minimum percentage of the principal amount of any sties of Bonds necessaiy for consent 10 such amendtnent. (c) If at any time the Issuer shall desire to amend this Ordinance under this Section, the Issuer shall send by U.S. mail to each registered owner ol the affected Bonds a copy of the proposed amendment. Such notice shall briefly set forth the nature of the proposed amendment and shall state that a copy thereof is on file at the office of the Issuer for inspection by all holders of such Bonds. (d) VSlenever at any time 'ithin cote year from the date of mailing of such notice,: the issuer shall receive an instrument or instruments executed by the holders cif at least 5 1% in aggregate principal amount of all of the Bonds then outstanding that are required for .tbe amendment, which instrument or instruments shall refer to the proposed amendment and that shall specifically consent to and approve such amendment, the 'Stiller may adopt the amendment in substantially the same .form. (e) Upon the adoption of any amendatory Ordinance pursuant to the provisions of this Section, this Ordinance shall be deemed to be modified and amended in accordance with such amendatoiy Ordinance, and the respective rights, duties, and obligations of the Issuer and all hoidens of such affected Bonds shall thereafter be determined, exercised, and enforced, subject in all respects to such amendment (1) Any consent given by the holder of a Bond pursuant to the provisions of this Section shall be iirevocable for a period of six (6) months from the date of such consent, and shall be conclusive and binding upon all future holders of the same Bond during such period. Such consent may be revoked at any time, after six (6) months from the date of such consent by the holder who gave such consent, or by a successor in title, by tiling notice with the Issuer, but such revocation shall not be effective if the holders of 5 1% in aggregate principal amount of the affected Bonds then outstanding, have, 11 01 10 the attempted Nvocation, consented 10 and approved the amendment For the purposes of establishingownership of the ,Bonds, the Issuer shall rely solely upon the registration of the ownership of such Bonds on the registration books kept by the Paying Agent(Registrar. Section 13, 1)FEA 4 /I ANI) REMEDIES, (a) Bents cif Default. Each of" the following occurrences or events for the puipose of this (finance is het eby declined to be an Event of 1 )efaull: (i) the failure to make payment of the principal of or interest on any of the Bonds when the same becomes due and payable; or (ii) default in the perliwmance or observance of any other covenant, ,agreement or obligation of the Issuer, the failure to pertonn which materially, adversely affects the rights of the registered owners of the Bonds, including, but not limited 10,, their prospect or ability to be reptiid in accordance with this Ordinance, and the continuation thereof for a period of sixty (60) days after notice, of such defitult is given by any Registered Owner to the Issuer, 22 PAGE 23 OF 28 PAGES AGENDA ITEM NO. 6.G (b) Remedies for I fetault. (i) Uprn the happening of any Event of Default, then and in every case, any Registered Owner or an authorized representative thereof, including, but not limited to, a trustee Or trustees therdir, may proceed against the Issuer for the purpose of protecting and enforcing the rights of° the Registered Owners under this Ordinance, by mandamus or other suit, action or special proceeding itt equity or at law, in any court of competent jurisdiction, for any relief permitted by law, including the specific performance of any covenant or agreement contained herein, or thereby to enjoin any act or thing that may be unlawful or in violation of any light of the Registered Owners hereunder or any coinhination of such remedies. (ii) It is .provided that all such proceedings, shall he instituted and maintained for the equal benefit of all Registered Owners of Bonds then outstanding,. (c) Remedies Not Exclusive. (i) No remedy herein conferred or reserved is intended. to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or under the Bonds or now or hereafter existing al law or in equity provided, howeverthat notwithstitmling any other provision of this frdinance, the. right to, accelerate the debt evidenced by the Bonds shall not be available as a remedy under this Ordinance, (ii) The exercise of any remedy herein conferred or reserved shall not he deo ..cd a waiver of any other available remedy, (iii) By accepting the delivery of a Bond authorized under this Ordinance, such Registered Owner agrees that the certifications required to effectuate any covenants or representations contained in this Ordinance do not and shall never constitute or give rise to a personal or pecuniary liability or charge against the offieers, employees or trustees of the Issuer or the City Council. (iv) None of the members of the City Council, nor any other official or officer, agent, or employee of the Issuer, shall be charged personally by the registered owners with any liability, or be held personally liable to the registered owners under any term or provision of this (:)rdinance, or because of any Event of Default or idleged Event of Dofaull under this Ordinance. Section 14. APPROVAL OF ESCROW AGREEMENT AND TR ANsFER OF Ft [NDS. The Nlayor, the City Manager or the Finance Director are further authors to enter into and execute on behalf of the Issuer, with The Bank of New York Mellon Trust Company, N.A. (the "'Escrow Agent-), an escrow or similar agreement (the -Escrow Agreement"), which agreement will provide for thc payment in hill of the Refunded Obligations identified in such escrow agreement, In tiddi lion, the Mayor, the City Marutger or the finance 1/rector are further authorized to purchase Escrowed Securities (as defined in the agreement), and to execute such subscriptions for the purchase of the Escrowed Securities (as defined in the agreement), if any, and to authorisesuch contributions for the escrow fund as provided in the agreement. Section 15. REDENIPTION OF 'REFUNDED OBLIGATIONS. (a) Subject to execution and delivery of the Purchase .Agreement with the Underwriters, the Issuer hereby directs that the Refunded Obligtttions be called for redemption on the dates, and at such prices as set 23 PAGE 24 OF 28 PAGES AGENDA ITEM NO. 6.G forth In the Escrow Agrt:Cment. The tIlayor, the City Nlanager or the Finance Director are hereby authorized and directed to issue or cause to be issued notice of redemption of the Retimded Obligations to the paying agent for the Refunded Obligations. (b) In addition, the paying agent for the Refunded Obligations is hereby directed to provide the appropriate notice ,s of redemption and defeasanec as specified by the ordinances authorizing the issuance of Refunded Obligations and is hereby directed to make appropriate arrangements so that the Refunded Obligations may be redeemed on their redemption date. The Refunded Obligations shall be presented for redemption at the paying agents therefor, and shall not bear interest after the date fixed for redemption. (c) If the redemption of the Refunded Obligations results in the partial refirnding of any maturity of the Refunded Obligations, the Issuer shall direct the: paying agent/registrar for the Refiunded Obligations. to designate at random and by lot which of the Retimded Obligations will be payable from and secured solely :from ad valorem: taxes of the issuer pursuant to the ordinance of the issuer authorizing the issuance of such Refunded Obligations (the "RefUnded Bond Ordinance"). The paying agent/registrar shall notify by first-class mail all registered owners of all affected bonds of such maturities that(1) a portion of such bonds have been refunded and are secured until final maturity solely with cash and investments maintained by the Escrow Agent in the Escrow Fund, (ii) the principal amount: of all affected bonds of such maturities registered in the name of such registered owner that have been refunded and are payable solely from cash and investments in the Escrow Fund and the remaining principal amount of all affected bonds of such maturities registered in the name of such :registered ownet,. if any, have not been refunded and are payable and secured solely from ad valorem taxes of the issuer described in the Refunded Obligation Ordinance, (hi) the registered owner is required to submit his or her Retunded Obligations to the paying agent/registrar, for the purposes of re -registering such registered owner's bonds and .assigning new (USIP numbers in order to distinguish the source of payment for the principal and 'interest on such bonds, and (iv) payment of principal of and interest on such bonds may, in some circumstances, be delayed until such bonds have been re -registered and new (1 J1 numbeni have been assigned as required by (iii) above, (d) The source of funds for payment of the principal °land interest on the Refinded Obligations on their respective maturity or redemption dates shall be from the funds deposited with the Escrow Agent pursuant to thc Escrow Agreement, Section 16. APPROPRIATION. To pay the debt service coming due on the Bonds, if any, prior to receipt of the taxes levied to pay such debt service, there is hereby appropriated from current funds on hand, which are hereby certified to he on hand and available for such purpose, an amount sufficient to pay such debt service, and such amount shall be used for no other [impose. Section 17. SEVERABILITY. If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any persons or circumstances is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of Ihe remaining portion of this Ordinance, despite such invalidity, which remaining portions shall remain in full force and effect. Section 18. EFFECTIVE DATE. In accordance with the provisiims of 'Texas Government Code, Section 1201.028, this Olidi nance shall be effective immediately upon its adoption by the Cifir Council, (Execution Page Follows) 24 PAGE 25 OF 28 PAGES AGENDA ITEM NO. 6.G DULY PASSED AND AITROVED BY ITE CITY COUNCIL OF TUE CITY (..)F WICHITA FALLS, '17EXAS rut this 17th day of July, 2018. Arin3ST: Mayor, City of \Wichita Falls, Texas (it y Clerk, ('IV of \Ili elhla1 ilis 1 xas !(:ITY SEAL] API)R()\(E1) AS T()14/1 City Attorney, City of Wichita Falls, Texas PAGE 26 OF 28 PAGES AGENDA ITEM NO. 6.G SCHEDULE 1 SCIIMEI.,E OF REFUNDED OBLIGATIONS Combitration Tax and Revenue Cerinicates of Obligation, Series 2009 Principit Principal Ortgi nal Mat un ty 1 Merest Ain omit A.mount. Dated. Date Date It.ate Outstamting Refimded (7.4,[ SIP 1115/2009 10/1/2019 4.000% $ 525,000 $ 52.5,000 9671201,1W4 10/1/2020 4 000% 550,000 5.50,000 967-1201.lX2 10/1/20,21 4..000% 570,000 570,000 96712012Y0 10/1/2022 4.125% 595,000 595,000 9671201017 10/ 1/2023 4.2509% 620,000 620,000 967120VAI 10/1/2024 4..500% 650,000 6.50,000 967120V09 10/1/2025 4.500% 675,000 675,000 967120VC7 .1.0/1/2026 4.625% 710,000 71.000 9671203T05 1.0/1/2027 42750% 745,000 '74:5,000 967120VP3, 10/112028 4..750% 780,000 780,000 907120VFO, 5 6,420,000 86.120,000 The, 2019 - 2028 mat:tunics will be redeemed prior to ofiginalmatrity on. October 1„ 2018 at par. PAGE 27 OF 28 PAGES AGENDA ITEM NO. 6.G 1.-!7,X111131T A ANN -1 TAL FINANCIAL IN14)RNIATIllN AND OPERATING DATA 'I he following information is referred to in Section 1] (b) of !his Ordinance: The financial :infOrmation and operating data with :respect to the Issuer to he provided annually in, accordance with such Section are as specified (and included in the Appendix or under the headings of the Official Statement refened to) below: Tables 1 - 5 and 7 - 14 Exhibit A PAGE 28 OF 28 PAGES AGENDA ITEM NO. 6.G CITY COUNCIL AGENDA July 17, 2018 ITEM/SUBJECT: Resolution awarding/rejecting bids for two city owned parcels in Archer County at Lake Kickapoo for the Purpose of Hunting to the highest bidder beginning July 17, 2018 and expiring on May 31, 2021 INITIATING DEPT: Community Development/Property Management STRATEGIC GOAL: Efficiently Deliver City Services STRATEGIC OBJECTIVE: COMMENTARY: City staff recently advertised sealed bids for two City -owned tracts in Archer County at Lake Kickapoo historically used as hunting leases. These hunting leases, while on the same tracts as the grazing leases, are separate and individual leases. The proposed term of the lease(s) is until May 31, 2021 to coincide with the termination date of the grazing leases on the same lands. Future leases will coincide with the 5 -years terms of the grazing leases. Bids are on per acre, per year amount. No bids were received on the South Grazing Lease. Potential bidders conveyed the overgrown vegetation made it almost impossible to access or traverse the 1,424± acres. As such, staff is researching options and costs to make the tract more attractive in the future to potential bidders. The following are the bids received ranging from lowest to highest on the Kickapoo North (1,329± acres) lease. BIDDER CITY AMOUNT OF BID ANNUAL REVENUE Jeff Merder McKinney, TX $ 15.39 per acre $20,450.07 Randy Bell Dallas, TX $ 20.25 per acre $26,907.99 Staff recommends the City Council approve the resolution awarding the Kickapoo North hunting lease to Randy Bell / Real Capital Investments. ® Community Development Director ® Property Administrator ASSOCIATED INFORMATION: Resolution, Hunting Lease, Exhibit "A", Exhibit "B", Exhibit "C", Exhibit "D", and Location Map ❑ Budget Office Review: ® City Attorney Review: ® City Manager Approval PAGE 1 OF 14 PAGES AGENDA ITEM NO. 7.A Resolution No. Resolution awarding/rejecting bids for two city owned parcels in Archer County at Lake Kickapoo for the Purpose of Hunting to the highest bidder beginning July 17, 2018 and expiring on May 31, 2021 WHEREAS, the City advertised and requested bids for hunting leases on two tracts of land at Lake Kickapoo, and bids were received and publicly opened in the Council Chambers at 3:15 PM, on June 15, 2018; and, WHEREAS, no bids were received for the Kickapoo South hunting lease, and, WHEREAS, the City Council desires to generate additional revenue by leasing said land for the purpose of hunting; and, WHEREAS, Council has considered all bids received for the leases. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1. Bids for the Lake Kickapoo hunting leases are awarded as follows, Kickapoo North to Randy Bell / Real Capital Investments in the annual amount of $26,907.99 and the City Manager is authorized to execute a lease agreement with the winning bidder in the form attached hereto as Hunting Lease Agreement, with addition of property descriptions and changes to form as approved by the City Attorney 2. If any awarded bidder fails to execute lease agreements for the leases provided herein, the City Manager is authorized to execute a lease agreement with the next highest bidder(s) for the lease in accordance with the bid specifications. PASSED AND APPROVED this the 17th day of July, 2018. MAYOR ATTEST: City Clerk PAGE 2 OF 14 PAGES AGENDA ITEM NO. 7.A HUNTING LEASE AGREEMENT 1,328.79 ACRE TRACT- LAKE KICKAPOO NORTH GRAZING LEASE STATE OF TEXAS § COUNTY OF WICHITA § THIS LEASE is entered into as of the 17th day of July, 2018, by the City of Wichita Falls, Texas ("Landlord") and Real Capital Investments I, LLC, 4514 Cole Ave., Suite 600, Dallas, TX 75205 ("Hunters"). 1. LEASE AND PREMISES. Landlord owns property which is primarily leased for purposes of livestock grazing. Landlord wishes to lease premise to Hunter for the purpose of hunting only. Landlord, in consideration of the rents and agreements herein to be performed by Hunters, leases to Hunters, and Hunters hereby lease from Landlord, all that certain lot, tract, or parcel of land situated in Archer County, Texas, north side of the lake at Lake Kickapoo, said tract being known as Lake Kickapoo North Grazing Lease ("Leased Premises") and more particularly described as follows: (North) All City land on the North Side of Lake Kickapoo between the high-water mark, elevation 1045, and the City property line in the following tracts: 9.76 acres, J. C. Phelan Survey, Abstract 336 19.86 acres, B.B.B. & C.R.R. Survey, Abstract 42 64.85 acres, J.C. Phelan Survey, Abstract 336 33.63 acres, William Mayer Survey, Abstract 272 412.17 acres, Torebio Losoya Survey, Abstract 257 117.07 acres, Hooper & Wade Survey, Abstract 689 252.28 acres, M.E.P.R.R. Survey, Abstract 296 419.17 acres, C. Spaulding Survey, Abstract 388 and J. M. Taylor Survey, Abstract 649 Said tracts of land contain a total of 1,328.79 acres. 2. TERM. This lease shall be for a term of 2 years, 10 months, 13 days, commencing July 17, 2018 and ending on May 31, 2021. 3. RENT. Hunters shall pay Landlord rental at the rate of $20.25 per acre per year, the same being equal to $26,907.99 per year. This rental shall be payable annually and in advance on or before the beginning of each lease year. Failure to pay by date due will result in termination. The initial rent payment shall be prorated from the date of this lease to the next June 1 due date, and will be due upon execution of this agreement. Each annual rent payment thereafter will be due on or before June 1 of each succeeding year thereafter until the termination of this lease. PAGE 3 OF 14 PAGES AGENDA ITEM NO. 7.A 4. PURPOSE. This agreement is strictly limited to the use of Leased Premises for hunting, and notwithstanding anything contained herein to the contrary, Hunters have no other rights to the use of the property. Guests and family members are not allowed onto Leased Premises without being accompanied by one or more Hunters. All game and non -game animals may be taken as per Texas Parks and Wildlife season and bag limit restrictions. Hunting of waterfowl is prohibited. 5. CARE. Hunters shall take proper care of the Leased Premises and all other improvements located thereon, and shall be liable to Landlord for any damages caused to domestic livestock, fences, or other property of Landlord or his agent due to the activities of Hunters or their guests exercising privileges under this agreement. Hunters may not cut or damage trees, crops, roads, dwellings, fences, buildings or other property on the land. Hunters may not chase deer or other game with the use of motorized vehicles. Hunters shall not shoot a firearm from a vehicle. Hunters agree to repair any damages they cause and to return Leased Premises to Landlord in its prior condition at Hunters' sole cost and expense, excepting normal wear and tear. 6. DEER STANDS. Hunters shall be permitted to have not more than 10 deer stands on Leased Premises. Hunters may not drive nails or other metal objects into trees for building deer stands or any other purpose. Any deer stands built should be temporary stand-alone stands or constructed in such a way as not to damage trees or other property, and are to be removed upon cancellation or expiration of this Agreement. Any deer stand remaining on Leased Premises at the termination of this Agreement will become the property of Landlord. Hunters will tell Landlord in writing where each deer stand is located. 7. FEEDERS. Hunters shall be permitted to utilize not more than 10 feeders on Leased Premises. Hunters may or may not have grazing rights to Leased Premises and as such, Hunters have the option to enclose each authorized deer feeder in a 20 foot by 20 foot enclosure. Such enclosure shall be constructed at Hunters' expense. Hunters will tell Landlord in writing where each feeder is located. Hunters may not plant deer feed on Leased Premises. 8. TRESPASS & FIRE. Hunters agree to help protect said lands from trespass and fire. Hunters will make an effort to put out, suppress or report any wildfires that may occur on the property. Hunters will report any violations of Texas Park and Wildlife and Texas Penal Code laws and regulations and will assist law enforcement officers investigating any violations. 9. WILDLIFE LAWS. Hunters shall strictly observe all wildlife laws whether state, federal, or local. Hunters will have a valid Texas hunting license while hunting on the property and will be responsible for any other licenses required by the State of Texas such as the Hunting Lease License. 10. HUNTING USE. Hunters further agree that Hunters' use of the property is for hunting only and is not to be used for the grazing of livestock agricultural use, harvesting of timber, mining of soil, rocks or other oil, gas or other minerals, and Landlord retains all such rights. PAGE 4 OF 14 PAGES AGENDA ITEM NO. 7.A This agreement creates no rights into any sub -surface mineral ground water, materials or deposits or oil, gas or other related products, and Hunters expressly agree that Hunters will not engage in any mining, extraction, withdrawal, or other removal of any sub -surface materials whatsoever. Hunters will not interfere with the exploration or production of minerals on the Leased premises or with the grazing of livestock on Leased Premises. 11. LEAD SHOT. Hunters are not allowed to use lead shot when firing shotguns. 12. CAMPING. Hunters may not camp overnight on Leased Premises for more than 3 consecutive nights in any week without written permission from Landlord. 13. FOUR WHEELERS. Hunters agree not to use four -wheelers and all -terrain vehicles for recreational purposes (except as what is necessary for hunting) on Leased Premises. Use should be limited to hauling and transport purposes only. Motorcycles are not allowed on Leased Premises. Hunters will not cause damage to existing roads on Leased Premises except for normal wear and tear caused by reasonable use of such vehicles. 14. Hunters shall keep all gates on the Leased Premises closed and locked. 15. Hunters shall repair or replace any damage caused by Hunter to the Land, crops, livestock, or Excluded Improvements. 16. Hunters shall maintain the insurance coverages described in the attached Insurance Addendum (Exhibit A). 17. Hunters shall deliver to Landlord a Release, Indemnity, and Assumption of Risks in the form attached to this lease as Exhibit B, executed by each individual (including Hunter) who will enter the Leased Premises at the invitation or request of Hunter before entry by any such individual. 18. Hunters shall not assign this lease or sublease any portion of the Leased Premises without Landlord's written consent, which shall be at Landlord's sole and uncontrolled discretion. 19. CAMP SITE. Hunters are allowed to clear a camp site 40 feet by 40 feet on Leased Premises. The location of this camp site must be approved by Landlord prior to clearing and use by Hunters. 20. TRAPS. Hunters may use traps, if allowed by law, only if the traps are cages that do not harm the animals. Such traps must be checked daily when in use. 21. FIRES. Open fires are not allowed on Leased Premises. 22. FIREWORKS. Fireworks and pyrotechnics are not allowed on Leased Premises. 23. STRUCTURES. Hunters may not erect any permanent structures on Leased Premises. PAGE 5 OF 14 PAGES AGENDA ITEM NO. 7.A 24. No CUTTING. Hunters may not cut fences, trees, firewood, grass, or brush on Leased Premises unless as otherwise allowed by this Agreement. Hunters agree to be respectful of cattle and livestock on Leased Premises. 25. LITTER. Hunters agree that lands covered by this agreement shall be kept free of litter at all times. Hunters agree to permit no material waste on Leased Premises, to remove all material refuse and litter they deposit thereon, and particularly Hunters agree not to throw out beverage containers on the land. Hunters agree to pick up and remove from Leased Premises all spent ammunition shells and cartridges. 26. LEASED PREMISES AS IS. IT IS UNDERSTOOD THAT THE LAND CONSISTS OF MOSTLY UNDEVELOPED AND UNTAMED LAND, AND THE HUNTERS ACCEPT THE LAND IN AN "AS IS" CONDITION AND FURTHER, THE HUNTERS UNDERSTAND THAT HUNTING IS DANGEROUS ACTIVITY AND THAT THERE MAY BE HIDDEN HAZARDS, INCLUDING BUT NOT LIMITED TO, DANGERS SUCH AS CLIFFS, CAVES, ROCK SLIDES, HOLES, FENCE WIRE, SNAKES, WELLS, SWAMPS, BRUSH, PONDS, HARMFUL PLANTS, POISONOUS ANIMALS, AND INSECTS, OR OTHER WILD ANIMALS, UNAUTHORIZED CARELESS PERSONS ON THE LAND, OTHER HUNTERS, OR OTHER RISKS THAT MAY BE DANGEROUS, INJURE HUNTERS OR CAUSE DEATH, AND THE HUNTERS ASSUME ALL THESE RISKS AS THEIR OWN RESPONSIBILITY, WITHOUT RECOURSE AGAINST THE LANDLORD OR ITS EMPLOYEES, AGENTS, OR ASSIGNEES. FURTHER, HUNTERS ACKNOWLEDGE THAT ALTHOUGH LANDLORD MAY HAVE A GREATER KNOWLEDGE OF LAND OR PROPERTY THAN HUNTERS, IT IS IMPRACTICABLE AND IMPOSSIBLE FOR LANDLORD TO LIST AND/OR TO PHYSICALLY SHOW HUNTERS EACH AND EVERY POSSIBLE HAZARD ON THE PROPERTY AND HUNTERS ENTER ONTO THE PROPERTY DESPITE SAME AND AT HUNTERS' OWN RISK AND WITHOUT LIABILITY OF LANDLORD. HUNTERS SPECIFICALLY ACKNOWLEDGE, AGREE AND STIPULATE THAT HUNTERS HAVE CHOSEN OF HIS OWN FREE WILL TO GO HUNTING ON THE PROPERT I FH S, AND REALIZED THERE ARE INHERENT DANGERS FROM THE SPORT OF HUNTING, INCLUDING, BUT NOT LIMITED TO, DANGER FROM OTHER HUNTERS, THE INHERENT DANGER OF INJURY FROM THE USE OF FIREARMS, AND OTHER DANGERS OF ANY NATURE WHATSOEVER, INCLUDING DANGERS TO BODILY INJURY WHICH MAY OCCUR (SUCH AS, BUT NOT LIMITED TO, THE USE OF HUNTING KNIVES, AXES, ARROWS, TRAVELING BY VEHICLE OVER ROUGH TERRAIN, GETTING INTO AND OUT OF DEER STANDS FOR HUNTING), OVEREXERTION OR EXCITEMENT AND THE RISK OF INJURY CAUSED BY OTHER HUNTERS. HUNTERS AGREE AT ALL TIMES TO USE EXTREME CAUTION AND CARE IN PROTECTING THEMSELVES, THEIR PROPERTY, AND OTHERS AND THEIR PROPERTY, FROM ACCIDENT OR BODILY INJURY WHICH MAY RESULT IN SUCH RISK. PAGE 6 OF 14 PAGES AGENDA ITEM NO. 7.A 27. INDEMNITY. Further, Hunters agree to protect, indemnify, and hold Landlord and its employees, agents, families, and assignees harmless from and against any and all claims of loss, damages, liabilities, or other expense whatsoever, either directly or indirectly of or as a result of Lessee's occupancy and related and incidental activities, including, but not limited to, defending of any lawsuits caused by Hunters. The undersigned Hunters further agree to indemnify and hold harmless the Landlord and its agents, employees, and assignees, from any loss, liability, damages or cost of any nature whatever, including the defending of any lawsuits filed by the Hunters and/or their guests or invitees, that the undersigned Hunters or guests or invitees of the undersigned Hunters may incur as a result of either directly or indirectly the hunt or the use of the property, or the traveling to or from the hunting area, whether such is caused by the negligence of the Landlord or another hunter. 28. WAIVER & DISCHARGE. AS FURTHER CONSIDERATION OF BEING ALLOWED TO HUNT THE PROPERTIES, the undersigned Hunters hereby release, waive, discharge and covenant not to file suit against either the Landlord, its employees, assignees, or others for any and all losses, damages, injuries or other claims or demands therefore, on account of injury to any person or property of the undersigned tenant, or resulting in the death of the undersigned Hunters, directly, or indirectly, whether caused by the negligence of the Landlord, agents, families, employees, officers, directors, designees and assignees. 29. PROPERTY INSPECTION. AS FURTHER CONSIDERATION AND A CONDITION OF THIS AGREEMENT, the undersigned Hunters agree to inspect in advance the Leased Premises and to accept the condition of the properties as is, without fitness of purpose, and further agree that Hunters will report any unsafe condition immediately to the Landlord, and further covenant and agree not to use the property if any unsafe condition exists. 30. DANGEROUS ACTIVITY. Hunters further acknowledge that Hunters and all of their invitees or guests are experienced hunters and recognize the inherent dangers of injury that exist during hunting trips. Hunters further acknowledge that Hunters and their invitees and guests are experienced in the use of firearms and recognize the INHERENT DANGERS OF INJURY AND POSSIBLE DEATH IN THE USE OF FIREARMS. 31. ASSUMPTION OF RESPONSIBILITY. Notwithstanding anything contained herein to the contrary, as consideration of the privilege of hunting and other activities stated herein, the undersigned Hunters hereby ASSUME FULL RESPONSIBILITY and RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE, whether or not caused by negligence of any of the parties hereto. 32. SEVERANCE. This agreement further expressly agrees that this agreement and all exhibits hereto is tended to be as broad and inclusive as permitted by the law of the State of Texas, and that if any portion of this agreement is held to be invalid, it is agreed that the balance shall notwithstanding contained to be in full force and effect. PAGE 7 OF 14 PAGES AGENDA ITEM NO. 7.A 33. BINDING AGREEMENT. This agreement shall be binding upon the parties hereto, their legal representatives, heirs, administrators, executors, successors and assigns and shall insure to the benefit of each of the parties. 34. ENTIRE AGREEMENT. This agreement contains and is the entire agreement and undertaking between the parties hereto, and there are no other agreements, representations, statements or inducements not contained or referred to herein. 35. VENUE. This agreement is signed as to be effective in Wichita County, Texas, and it is further agreed that any suit, legal action, cause of action, claim, or other legal remedy shall be filed in Wichita County, Texas, regardless of in which county the property is located. 36. No WARRANTIES. There are no warranties, express or implied, not contained or referred to herein, as to fitness of purpose of the property, there are no guarantees of any nature whatsoever as to game animal's available, and the success of the hunting is strictly at the risk and responsibility of the Hunter, and there are no refunds or reimbursement for any expenses incurred or funds paid. 37. RIGHT TO TERMINATION. Landlord retains the right to cancel this agreement immediately if Hunter has not complied strictly with the provisions of this agreement. Landlord retains the right to cancel this agreement for any reason with 180 days' notice to Hunter. 38. GOVERNMENTAL FUNCTION CLAUSE. All parties agree that this contract is one wherein the Landlord is solely performing a governmental function. All parties expressly agree that the Landlord is not engaging in any propriety functions. 39. CONTRACTUAL DAMAGES LIMITATION CLAUSE. All parties agree that damages in this contract are limited only to those authorized under Texas Local Government Code Section 271.153. Specifically, Landlord is not liable for consequential damages or exemplary damages. 40. WAIVER OF ATTORNEYS' FEES. If any action at law or in equity is necessary to enforce this agreement, each party agrees to pay its own attorneys' fees and will not seek to recover its own attorneys' fees from the other party. Hunter understands that Texas Local Government Code subchapter I, § 271.153(a)(3) provides that the total amount of money awarded in an adjudication brought against a governmental entity for breach of a contract includes attorneys' fees. Both Hunter and Landlord expressly waive all statutory and other rights to recover attorneys' fees pursuant to in § 271.153(a)(3) and all other law 41. COUNTERPARTS. This instrument may be executed in multiple counterparts which shall be construed together as a single instrument as though all parties had signed one instrument and, when executed, each counterpart shall be binding upon and inure to the benefit of each of the parties executing the same, their respective heirs, successors and assigns. PAGE 8 OF 14 PAGES AGENDA ITEM NO. 7.A Landlord Date Hunter: Signature: Randy Bell (signing as Member Manager for Real Capital Investments I, LLC) 4514 Cole Ave., Suite 600 Street Address Dallas TX 75205 City State Zip PAGE 9 OF 14 PAGES AGENDA ITEM NO. 7.A Exhibit A Insurance Addendum to Hunting Lease Lease Date: Landlord: Hunter: Real Capital Investments I, LLC (Randy Bell) This insurance addendum is part of the lease. Hunter agrees to: 1. Maintain the property and/or liability insurance policies required below (mark applicable boxes) during the lease Term and any period before or after the lease Term when Hunter is present on the Leased Premises: Type of Insurance Minimum Policy Limit If Hunter is an individual: ❑ Hunting lease liability Or ❑ Endorsement extending homeowner' s policy liability to Premises Per occurrence: $ 500,000 Aggregate: $1,000,000 ❑ Texas personal auto Minimum limits required by law If Hunter is a business entity: ❑ Hunting lease liability Per occurrence: $ Aggregate: $ ❑ Business automobile $ Or ❑ Texas personal auto Minimum limits required by law 2. Comply with the following additional insurance requirements: (a) the hunting lease liability or homeowner's insurance policy must be endorsed to name Landlord as "additional insured"; (b) additional insured endorsements must not exclude coverage for the ordinary negligence of Landlord; (c) any property insurance policies covering Tenant's property on the Premises must contain a waiver of subrogation of claims against Landlord; and (d) certificates of insurance and copies of any additional insured and waiver of subrogation endorsements must be delivered by Hunter to Landlord before entering the Leased Premises and thereafter at least ten days before the expiration of the policies. PAGE 10 OF 14 PAGES AGENDA ITEM NO. 7.A Lease Release, Indemnity and Assumption of Risks Date: Landlord: Hunter: Randy Bell Exhibit B 1. ASSUMPTION OF RISKS. THE UNDERSIGNED ACKNOWLEDGES THAT (A) DANGEROUS NATURAL OR MAN-MADE CONDITIONS MAY EXIST OR OCCUR ON THE PREMISES DESCRIBED IN THE LEASE, INCLUDING STREAMS AND RIVERS WITH CURRENT AND WATER THAT MAY BE DEEP OR FLOOD, HAZARDOUS DRIVING AND WALKING CONDITIONS, UNEVEN TERRAIN, THE PRESENCE OF WILD, DOMESTIC, POISONOUS, OR DISEASED ANIMALS, SNAKES AND INSECTS, ELEVATED HUNTING STANDS, AND/OR CAMOUFLAGED SUNKEN HUNTING BLINDS; AND (B) HUNTING IS AN INHERENTLY DANGEROUS ACTIVITY INVOLVING THE USE OF FIREARMS AND OTHER LETHAL IMPLEMENTS AND THE PRESENCE OF OTHER HUNTERS. THE UNDERSIGNED ASSUMES ALL SUCH DANGERS AND RISKS. 2. INDEMNITY. THE UNDERSIGNED WILL INDEMNIFY, DEFEND, AND HOLD LANDLORD AND ITS AGENTS, EMPLOYEES, INVITEES, LICENSEES, OR VISITORS (COLLECTIVELY, "LANDLORD") HARMLESS AGAINST ALL CLAIMS, LIABILITY, DAMAGES, LOSSES AND COSTS (COLLECTIVELY, "CLAIMS") INCURRED BY OR ALLEGED AGAINST LANDLORD AND ARISING OUT OF OR RELATING To ANY ACT OR OMISSION OF THE UNDERSIGNED OR ANY OF THE UNDERSIGNED'S AGENTS, EMPLOYEES, CONTRACTORS, LICENSEES, OR VISITORS (COLLECTIVELY, "HUNTER") WHILE AT THE PREMISES, INCLUDING ANY CLAIMS BASED ON ANY (A) INJURY To OR DEATH OF ANY PERSON(S), (B) DAMAGE To OR Loss OF PROPERTY, OR (C) FAILURE OF HUNTER To COMPLY WITH ANY APPLICABLE LAWS OR THE LEASE. 3. RELEASE. THE UNDERSIGNED WAIVES ALL CLAIMS AGAINST LANDLORD AND RELEASES LANDLORD FROM ANY LIABILITY, BASED ON ANY (A) INJURY To OR DEATH OF HUNTER OR (B) DAMAGE To OR Loss OF ANY PROPERTY BELONGING To HUNTER. 4. NEGLIGENCE OF LANDLORD. THE FOREGOING INDEMNITIES, WAIVERS, AND RELEASES WILL APPLY EVEN IF THE INCIDENT GIVING RISE To THE CLAIM IS CAUSED IN WHOLE OR IN PART BY THE CONDITION OF THE PREMISES OR BY THE SOLE OR CONCURRENT NEGLIGENCE OR GROSS NEGLIGENCE OF LANDLORD. Printed Name: Date: PAGE 11 OF 14 PAGES AGENDA ITEM NO. 7.A Exhibit "C" Lake Kickapoo North Grazing Lease ("Leased Premises") and more particularly described as follows: (North) All City land on the North Side of Lake Kickapoo between the high-water mark, elevation 1045, and the City property line in the following tracts: 9.76 acres, J. C. Phelan Survey, Abstract 336 19.86 acres, B.B.B. & C.R.R. Survey, Abstract 42 64.85 acres, J.C. Phelan Survey, Abstract 336 33.63 acres, William Mayer Survey, Abstract 272 412.17 acres, Torebio Losoya Survey, Abstract 257 117.07 acres, Hooper & Wade Survey, Abstract 689 252.28 acres, M.E.P.R.R. Survey, Abstract 296 419.17 acres, C. Spaulding Survey, Abstract 388 and J. M. Taylor Survey, Abstract 649 Said tracts of land contain a total of 1,328.79 acres. PAGE 12 OF 14 PAGES AGENDA ITEM NO. 7.A Exhibit "D" Lake Kickapoo South Grazing Lease ("Leased Premises") and more particularly described as follows: (South) All City land on the South Side of Lake Kickapoo between the high-water mark, elevation 1045, and the City property line in the following tracts: 32.47 acres, S.A. and M.G. Survey, Abstract 447 70.59 acres, R. Carson Survey, Abstracts 108 & 107 11.94 acres, E.P. Cochran Survey, Abstract 42 21.00 acres, L.T. Burns Survey, Abstract 336 32.71 acres, T.P. Martin Survey, Abstract 739 71.39 acres, G.W. Dugan Survey, Abstract 1193 386.69 acres, S.P.R.R Survey, Abstract 440 131.08 acres, D.C.S.L Survey, Abstract 113 43.96 acres, T. Puckett Survey, Abstract 719 9.41 acres, George Bond Survey, Abstract 25 251.94 acres, R. Carson Survey, Abstract 750 223.71 acres, Torebio Losoya Survey, Abstract 257 104.45 acres, J.C. Phelan Survey, Abstract 325 29.61 acres, J.C. Phelan Survey, Abstract 336 3.44 acres, B. Mordecia Survey, Abstract 291 Said tracts of land contain a total of 1,424.39 acres. PAGE 13 OF 14 PAGES AGENDA ITEM NO. 7.A Location Map 11 111 00111,10 11 11101001111110010,10 du�' IIII 0 U ��ll,ll0 111"I'I'N��I`AaCc�ly Y 11 um 11 ''.' 00110 IUIPv VUuu11011100110110111111100 I111^ 01 11 11111111 IVt 1611 01 1111' 11111m 111, p111111�N�1'uolV 11 � 1u11 i1�i0111 dull 11 Iljll'l11111111111,1111111111111111111111,111111111141 )l �dllll 1111111111111111011 1111111111110101 11 fl� II1 N 110111;101111:11111j0001 111111111111,001 1111111111111111111111111111111111110 111111111 1111111111111111111111111 1111 11111111111111111111111111111, 111111111111110,11111111 '00110111111 fiuluullli IMO 1111111111111111111111111111111 111111111111111011111111111111110 111111111111111111111111111111111111111111111111111111111111 4111 dM 11111111111111111111111111111111111111111111111111111111vx PG) "EASE NO11TH SIRE 11,111111,u11111111110111 10� 01111 111�I III1� iiiilV1111111111111111111' 1 '�I lu4 muW111i1 y n� 1p IY 111 I' �\\\ 1Y li p l'!1 111 11111 h1III IIII uuIuqYuuIIII(((((«(rlllrll(M10,111i0luuuu 111'1111111111ImVi�i0ii00lV01011�011I1III1 PolIlIlIllI�li'�l11111� ll lii I IIV(uuuuuuuuuiuuuuuuIllmm. llllllllllllllllilp 111111111 uu ' VI 111111IIII 1 01 II1 I„lIIoI I li�Ip IY �ll h1 ;Ig(I iI1I1J11N0N�1 N�.I�� '�I� rL11I°1I i1 4I`I.I 0000.1»»»»»»„„,,,,,IM'`I'I 11I' 1111111111111111111111111111 III 11,111111111111111111111111111111ilo �lll"l� ll�ll�l��11111111 „, '111 I0lI!I111111111II;' (((((((((III(((((((((((((((((IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII (IYuuuuuuuuuuuuuuuuiluu00(1III1111�1l16�lit 11���II,«eI. II�1 pllpuulll�11 I11111I11 l VIIi���1n1ll1� 1ryN �II�IVI111II 11111,111"11 10Iu11'0IC II�1119111III IIlII1111IliIfill 0. .Ln I 1 Ills 11 ��' 1111!1° IIIIN�VII II�IIIII�011n4IW IIIVNI�'Ilu 111 X04 ILEA �I O�tAIP�Iv��1� 'i91A1GRE a11111044 1 IIi1kI 11001 0 w1 1'00101,11 II", Isldl;l;;' 10011 of 111 011 V II IY II,I,,U 1001 01 ;II`1Illa lyi00,111/1'J ,Ij1111110111 1" "100001 11 u1 11111111111111111111 1 ?NMI 111111111111111 11111111111111111111 011 1111111111111111111111111111111111 1111/11111 '1111111111111111111111111111111111111111 111001 v100,00000010,01,10,00111! 0 jjjj PAGE 14 OF 14 PAGES AGENDA ITEM NO. 7.A CITY COUNCIL AGENDA July 17, 2018 ITEM/SUBJECT: Resolution reappointing Dennis Wilde to Nortex Housing Finance Corporation. INITIATING DEPT: City Clerk STRATEGIC GOAL: N/A STRATEGIC OBJECTIVE: N/A COMMENTARY: Dennis Wilde, Executive Director Nortex Regional Planning Commission, has served on the Nortex Housing Finance Corporation for over five years. His term ends in August 2018. The Nortex Housing Finance Corporation's Board has recommended that he be reappointed to a new five-year term that will end August 2023. ® City Clerk ASSOCIATED INFORMATION: Resolution ❑ Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 1 OF 3 PAGES AGENDA ITEM NO. 7.B Nortex Regional Planning Co i mission June 21, 2018 To: County Judges, Mayor of Wichita Falls From: Dennis Wilde, Executive Direct() Subject: Appointment/Reappointment - I\Rirtex 1 lousing Finance Corporation P..0.. BOX 5144. Wichita Fails, *1xas 76307 Area 940-322-5281 Fax 940-322-6743 This memorandum relates to addressing the appointments and/or reappointments to the Board of the Nortex Housing Finance Corporation (Mil:if:). The term of Dennis Wilde ends in August 2018. At the last meeting of the Nortex Housing Finance Corporation. it was announced that my term was ending and h was the consensus of that Board that 1 he considered for re -appointment, The decision on any appointments and/or reappointments is at the discretion of the governing entities which is the eleven Counties within the region and the City of Wichita Falls. As you are aware, 1 ant the Executive Director of Nortex Regional Planning Commission and if re -approved I will serve another five year term. 1 have drafted a resolution to be passed by each Commissioner Court and the City of Wichita Falls to re -appoint Mr. Dennis Wilde to serve on the Board of the Nortex !lousing Finance Corporation. Attached is a copy of the resolution for your jurisdiction. In order for the re -appointment to approved. the resolution needs to he passed by a majority of the eleven Commissioner Courts and the City of Wichita Foils. 1 would appreciate it if you would send me an executed copy of the resolution once your entity takes action. If the consensus of the governing body for another individual to be appointed please let me know as soon as possible so lean send it Out for consideration. Thanks for your consideration in this matter, If you .nced..this resolution in electronic loInlal please email Jan Bowerman at jabowermanAnortexrpc„org. If you have iny questions, please feel .free to contact me. Arrher„ Baylor, Clay, Cottle, Foord, Ifordetnan, jack„ Montogite, Wichlta„ I'Vilbarwer 00(1 lunt Counties PAGE 2 OF 3 PAGES AGENDA ITEM NO. 7.B CITY OF WICHITA FALLS, TEXAS RESOLUTION OF CITY OF WICHITA FALLS AUTHORIZING AND APPROVING THE APPOINTMENT AND REAPPOINTMENT OF INDIVIDUALS TO THE BOARD OF DIRECTORS OF THE NORTEX HOUSING FINANCE CORPORATION. WHEREAS, pursuant to the Texas Housing Finance Corporation Act, Chapter 394, Texas Local Government Code, as amended, the Texas counties of Archer, Baylor, Clay, Cottle, Foard, Hardeman, Jack, Montague, Wichita, Wilbarger, and Young, Texas (collectively, the "Sponsoring Entities ") have formed a joint housing finance corporation named the Nortex Housing Finance Corporation (the "Corporation ") to provide a means of financing the cost of residential ownership and development that will provide decent, safe and sanitary housing for persons and families of low and moderate income; and WHEREAS, the City of Wichita Falls is a member of the Corporation and has authorized the Corporation to act on its behalf and on behalf of the other Sponsoring Entities for the purposes set forth in the previous paragraph; and WHEREAS, in accordance with the Articles of Incorporation and the Bylaws of the Corporation, a majority of the Sponsoring Entities must approve the appointment and/or reappointment of members of the Board of Directors of the Corporation; and WHEREAS, in accordance with the Articles of Incorporation and the Bylaws of the Corporation, the City of Wichita Falls together with the Sponsoring Entities desires to appoint/reappoint existing members of the Board of Directors of the Corporation upon resignation or expiration of their current terms. NOW, THEREFORE, Be It Resolved By the City Council of Wichita Falls that: Section 1. Board of Directors. That the following appointment and reappointment for the Board of Directors of the Corporation and the length of the term thereof are hereby authorized and approved; DIRECTOR Dennis Wilde CURRENT NEWLY APPOINTED TERM EXPIRES TERM EXPIRES Re -Appointment August 1, 2023 Section 2. Effective Date. That this Resolution shall be in full force and effect from and upon its adoption. PASSED AND APPROVED this 17"' day of July 2018. By Title: Mayor ATTEST: By Title: City Clerk PAGE 3 OF 3 PAGES AGENDA ITEM NO. 7.B CITY COUNCIL AGENDA JULY 17, 2018 ITEM/SUBJECT: Resolution authorizing the execution of a 15 -year lease/purchase agreement in the amount of $2,895,784 with respect to the financing of LED Street Lighting Conversion for the public benefit; authorizing the execution and delivery of the agreement and related documents with Banc of America Public Capital Corp for the acquisition of financing for the project; and resolving other matters relating to the subject INITIATING DEPT: City Manager/Finance STRATEGIC GOAL: Provide adequate infrastructure; efficiently deliver city services STRATEGIC OBJECTIVE: COMMENTARY: On July 3, 2018, the City Council approved a resolution to award a contract to Ameresco for the acquisition and installation of light emitting diode (LED) roadway lighting fixtures. This resolution will award the project financing using a 15 - year capital lease acquired through Banc of America Public Capital Corp. The cost of the new LED lighting system and installation that will be paid to Ameresco totals $2,895,784. These new LED lighting fixtures will be financed through a 15 -year capital lease, and the semi-annual payments on that lease will be paid for with savings realized primarily from lower energy costs. It is estimated that the total cost of the system, including interest and related financing costs, will be $3,880,889.37. Banc of America Capital Corp was selected through a competitive bidding process and is in the City's best interest for this financing. This resolution authorizes the City Manager to execute a 15 -year capital lease agreement with Banc of America Public Capital Corp in an amount not to exceed $2,895,784 to finance the purchase of approximately 5,727 LED lighting fixtures. ® Deputy City Manager ® Director of Finance ASSOCIATED INFORMATION: Resolution, Amortization Schedule ® Budget Office Review ® City Attorney Review Z City Manager Approval PAGE 1 OF 4 PAGES AGENDA ITEM NO. 7.c Resolution No. Resolution authorizing the execution of a 15 -year lease/purchase agreement in the amount of $2,895,784 with respect to the financing of LED Street Lighting Conversion for the public benefit; authorizing the execution and delivery of the agreement and related documents with Banc of America Public Capital Corp for the acquisition of financing for the project; and resolving other matters relating to the subject WHEREAS, the City of Wichita Falls, Texas (the "City"), is authorized by the laws of the State of Texas to purchase, acquire and lease personal property for the benefit of the City and its inhabitants and to enter into contracts with respect thereto; and, WHEREAS, the City desires to purchase, acquire and lease certain equipment constituting personal property necessary for the City to perform essential governmental functions (the "Equipment"); and, WHEREAS, in order to acquire such equipment, the City proposes to enter into that certain Lease/Purchase Agreement (the "Agreement") with Banc of America Public Capital Corp (or one of its affiliates) (the "Bank"), the form of which has been presented to the City Council at this meeting; and, WHEREAS, the City Council hereby finds and determines that it is necessary and in the best interest of the City, and for the efficient and effective administration thereof, to enter into the Agreement and the documentation relating to the financing of the Equipment for the purchase, acquisition and leasing of the equipment to be therein described on the terms and conditions therein provided. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS: THAT: Section 1. Approval of Documents. The form, terms and provisions of the Agreement are hereby approved in substantially the forms presented at this meeting at a cost not to exceed $2,895,784, with such insertions, omissions and changes as shall be approved by the City Attorney, the execution of such documents being conclusive evidence of such approval; and the City Manager is hereby authorized and directed to execute the Agreement and any related Exhibits attached thereto and to deliver the Agreement (including such Exhibits) to the respective parties thereto. Section 2. Other Actions Authorized. The officers and employees of the City shall take all action necessary or reasonably required by the parties to the Agreement to carry out, give effect to and consummate the transactions contemplated thereby (including the execution and delivery of Acceptance Certificates and any tax certificate PAGE 2 OF 4 PAGES AGENDA ITEM NO. 7.c and agreement, as contemplated in the Agreement) and to take all action necessary in conformity therewith, including, without limitation, the execution and delivery of any closing and other documents required to be delivered in connection with the Agreement. Section 3. No General Liability. Nothing contained in this Resolution, the Agreement nor any other instrument shall be construed with respect to the City as incurring a pecuniary liability or charge upon the general credit of the City or against its taxing power, nor shall the breach of any agreement contained in this Resolution, the Agreement or any other instrument or document executed in connection therewith impose any pecuniary liability upon the City or any charge upon its general credit or against its taxing power, except to the extent that the payments payable under the Agreement are special limited obligations of the City as provided in the Agreement. Section 4. Appointment of Authorized City Representatives. The Deputy City Manager and Finance Director of the City are each hereby designated to act as authorized representatives of the City for purposes of the Agreement until such time as the governing body of the City shall designate any other or different authorized representative for purposes of the Agreement. Section 5. Severability. If any section, paragraph, clause or provision of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Resolution. Section 6. Effective Date. This Resolution shall be effective immediately upon its approval and adoption. ADOPTED, APPROVED AND EFFECTIVE this 17th day of July, 2018. MAYOR ATTEST: City Clerk PAGE 3 OF 4 PAGES AGENDA ITEM NO. 7.c 2,895,784.00 Deposit to Construction Fund • O O 10 W 10 (O 1— ✓ In W • % O N T Tax Exempt Interest Rate Annual Net Cash Flow Closing/Funding Date (estimated) O- E c c WW 7 X E 0 w > E a W W E t6 E6 a N- O CO CO CO CO O r V N V N V 0) V 10 N O CO O N- O O) to O) CO O O N N CO a— O) CO CO. M CO N— CO CO N— N— M. V V N I� E9 to O O to N to a— 0 (0 N N 10 V (OO)O) tor- o co M M O r W (O W W 10 (0 O O O O Ea (O CO 0) O 0 CO N N CO N CO to CO CO (O O) N CO N (O W ((0 OO) ((0 r N- CO- M a— LO- CO- (O CO- (O I- N r (O CO- 10 (O O M O) V N O) CO (O (O V 10 CO- VN N LO 0 V CO N (O O) N to r 0) N CO V V CO CO N 0 CO (O CO 0 (O N r- N (O O) O) CO r r (O to to V CO N N a— 0 0) CO r (O to V N a— 0 0) r (O V CO N N N N N N N N N N N N N N Eft Eft Eft Eft Eft Eft E» ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER (O r- co V 10 O) O) V V N CO V (O (O 0 0) r (O r CO 0 0) r CO to N V V 0 • O) O) O CO O CO 10 O CO CO N O O) O) CO N- V CO CO I- O a— 10 CO V r a— O O ui V (O (0 N 10 10 N W V O) M W I� (0 (0 (0 (0 (0 O O) (0 10 O O) N O) O co E9 CO O N LO CO 10 O CO CO O to N V CO CO CO CO ft O) V E N COCOOO COOO 0) M r N to r E (9 N V 0 N 10 to 0 E9 10 V CO a— E9 I- CO CO to 10 V • O) M M LO (O N to N M M M (O O LO- (O O) 0) V CO CO r V N- 0 • CO to r CO 0) 0 0 0 0 0) CO (O V CO to (O 10 CO CO r r (O (O 10 V V CO N a— 0 O) O) CO r (O V CO N a— 0 CO r (O V CO a— CV- N • N N N N N N N • N N • N CV - Ea E» ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER • 0 NO) (O 0 LO N V V CO to to (O N N CO 0 CO N 0) CO CO O) O) 10 10 O O CO 10 V 10 V N O M. CO CO a— CO O I- CO CO N- V O E0 10 (`') V W O) V (O V (O N V V 10 10 V 0 0 0 O) O) (0 O N O ui O (O M O) O (O 10 0) CO CO CO CO 0 (O CO I- (O 0 N N r (O to 0 LO 10 V 0) CO 10 (O 10 (O CO O V I- COCO r COV 10 V 0 a— 0 N 10 COV 0) CO 10 __ _ _ _ _ CO- _ _ _ _ _ _ _ __ _ O V 10 O (O I� N • V O • O (O to 0 O W O IV O (O oO E9 W E9 O LO l0 l0 E9 CO CO E9 I� r r CO CO COW O O O O O N N N CO CO V V l0 l0 va va va va va va va va va va va va va va va va va va va va va va va va va va va va va va LO 0) CO r to to 0 LO CO (O (O V (O 0) CO O) CO 0) N (O CO N- r (O N r r 10 10 O a— O I- to CO N CO r CO CO CO CO N O V I- N O CO a— CO r N • (`M (`M 10 O 10 M M O O V W M V V 10 M E9 V N N W N N r N O V N- N (O LO 0 CO CO 0 CO V 10 CO to CO 0) N CO 0 V 10 N 10 10 O) O) 0 0 0) r V N CO V 0) V CO a V (O I- CO N- r to CO O) to 0 V r to CO- N O(0 to V N O) r to CO- O) r to N O (0 10 N 0) V V V V V V V V • V V CO CO CO CO CO CO N N N N N ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER CON- OCOCOCOCOCOCOCOCOCOCO W (0 V V 0 0 (0 00 6 C) 00 W 10 lf) O O V V V V (V (V V V (`') (`') (`') co O O N N 10 10 CO CO V V CO CO 0) O CO CO a— a— CO CO O O r r O O ✓ V O O N- r to to to to E9 CO CO CO a to to 0) O) r r CO CO 0) O) CO CO O O • V V to to O • O CO- CO- CO- CO- N CO- CO- CO- CO- N N O O 0 0 0 0 N N N N CO CO CO CO V V V V 10 10 10 LO (O (O va va va va va va va va va va va va va va va va va va va va va va va va va va va va va va O) O O N N CO CO V V 10 10 r CO CO 0) O) O O N N CO C a— N N N N N N N N N N N N N N N N N N N N CO CO CO CO CO CO CO CO CO N • N N N N N N N N N N N N N N N N N N N N N N N N N N N N N - N N co co V V 10 10 co co co co O O O` N N M M V 10 10 - N V co co r co O 0 N CO V LO (O I- CO O) 0 N CO V to (O I- CO O) 0 N N N N N N N N N N CO 2,895,784.00 3,880,889.37 Eft PAGE 4 OF 4 PAGES AGENDA ITEM NO. 7.0 CITY COUNCIL AGENDA July 17, 2018 ITEM/SUBJECT: Resolution declaring the City as a hybrid entity; designating the City's Covered Entity Components; designating a HIPAA Privacy Officer and a HIPAA Security Officer; and providing an effective date INITIATING DEPT: Human Resources STRATEGIC GOAL: Efficiently Deliver City Services STRATEGIC OBJECTIVE: Practice Effective Governance COMMENTARY: The City is subject to the requirements of the Health Information Portability and Accountability Act (HIPAA) and must maintain the confidentiality of medical records, health information, and medical billing information that it creates, transmits, uses, or maintains, referred to as "protected health information" (PHI). The City qualifies as a covered entity because (1) it offers a health plan for the purpose of providing or paying for the cost of medical care, (2) the health plan has over 1000 participants, and (3) the City receives more than enrollment/disenrollment and summary health information. The City also qualifies as a health care provider because its first responders provide emergency services and it operates and staffs the Wichita Falls Wichita County Health District, which provides medical services and maintains protected health information. The proposed resolution is a proactive step to ensure that the City is fully HIPAA compliant, as the civil penalties for noncompliance can be significant. In practice, the City is already following HIPAA standards to maintain the confidentiality of PHI; however, in order to fully comply with HIPAA and related federal law and administrative regulations, such as the Privacy and Security Standards of the Health Information Technology for Economic and Clinical Health Act (HITECH), all of the following requirements must be met: • maintain the confidentiality of protected health information; • designate a Privacy Officer to receive complaints, coordinate HIPAA compliance, and issue a Notice of Privacy Practices; • designate a Security Officer to be responsible for ensuring that administrative, technical and physical safeguards are in place to safeguard the confidentiality, integrity and availability of PHI; • implement policies and procedures that comply with the Privacy Standards of HITECH • conduct a risk assessment; • implement policies and procedures that comply with the Security Standards of HITECH; and PAGE 1 OF 7 PAGES AGENDA ITEM NO. 7.D • oversee employee training regarding the City's privacy and security policies and procedures. The City can minimize the scope of its coverage under HIPAA by declaring itself a Hybrid Entity. Hybrid Entity status requires only those departments that participate in covered entity functions to be designated as a covered entity component that must comply with HIPAA and HITECH. The proposed resolution would designate the following as covered entity components: • The Wichita Falls Wichita County Public Health District; • The City's Fire Department to the extent it performs covered functions; • The City Police Department to the extent that it performs covered functions; • The Information Technology Department to the extent it performs covered functions; • The Human Resources Department, including Employee Benefits, to the extent it performs covered functions; • The City of Wichita Falls Employee Benefits Trust Board; • The City Attorney's Office to the extent it performs covered functions; and • The City of Wichita Falls Sick Leave Committee to the extent it performs covered functions. HIPAA requirements mandate that the City shall designate a Privacy Officer and implement policies and procedures that comply with the Privacy and Security Standards, as well as conduct required trainings under the Texas Medical Records Privacy Act, the state version of HIPAA, which is broader in scope and imposes stricter requirements in some areas. The employees of the designated health care components who perform functions covered by HIPAA will need to undergo training that is tailored to the employee's "scope of employment" with respect to PHI within 60 days for a new hire and re-training at least every 2 years. The City must also designate a Security Officer to conduct a risk assessment and ensure that administrative, technical and physical safeguards are in place to safeguard the confidentiality, integrity and availability of PHI. City staff recommends the Director of Human Resources serve as the Privacy Officer and the Information Systems Administrator serve as the Security Officer for the City. The Director and Assistant Director of Health will be the designated Privacy Officers exclusively for the Wichita Falls -Wichita County Public Health District. City staff recommends the City Council approve the resolution declaring the City of Wichita Falls as a hybrid entity, designating the City's covered entity components, and designating a HIPAA Privacy and Security Officer. ® Director of Human Resources PAGE 2 OF 7 PAGES AGENDA ITEM NO. 7.D ASSOCIATED INFORMATION: Resolution ❑ Budget Office Review ❑ City Attorney Review ®City Manager Approval PAGE 3 OF 7 PAGES AGENDA ITEM NO. 7.D Resolution No. Resolution declaring the City as a Hybrid Entity; designating the City's Covered Entity Components; designating a HIPAA Privacy Officer and a HIPAA Security Officer; and providing an effective date WHEREAS, the City of Wichita Falls, Texas (the "City") is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and, WHEREAS, the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), the regulations promulgated thereunder, the Health Information Technology for Economic and Clinical Health Act ("HITECH"), and the regulations promulgated thereunder, require public and private entities that provide certain health care services to comply with regulations related to the collection, use, disclosure and security of individually identifiable health information; and, WHEREAS, as a "covered entity" under HIPAA, the City strives to protect the confidentiality, integrity and availability of protected health information ("PHI") by taking reasonable and appropriate steps to protect the security and privacy of PHI and comply with all applicable laws and regulations relating to data privacy and security, including, without limitation, HIPAA, HITECH, the Texas Medical Records Privacy Act and the Texas Identify Theft Enforcement and Protection Act; and, WHEREAS, because the City is a single legal entity with business activities that include both covered and non -covered functions, the City may declare itself a Hybrid Entity as defined by 45 C.F.R. § 164.103 and in accordance with 45 C.F.R. § 164.105(a)(2)(iii)(C); and, WHEREAS, the City Council has determined that the City can more effectively and efficiently comply with HIPAA by declaring the City as a "Hybrid Entity" and formally designating the City's covered entity components in accordance with 45 C.F.R. § 164.105(a)(2)(iii)(C); and, WHEREAS, after an assessment of the City's divisions, programs and departments for the applicability of HIPAA, the Fire Department, City Manager's Office, Human Resources Department, Information Technology (IT) Department, and Police Department, are components of the City that create, transmit, use or maintain health information and are designated as covered entity components; and, WHEREAS, HIPAA regulations require the City to designate a position as the Privacy Officer to be responsible for the development and implementation of required privacy policies and procedures, receiving complaints regarding privacy and providing information to individuals regarding their privacy rights; and, WHEREAS, HIPAA regulations require the City to also designate a position as the PAGE 4 OF 7 PAGES AGENDA ITEM NO. 7.D Security Officer to be responsible for ensuring that administrative, technical and physical safeguards are in place to safeguard the confidentiality, integrity and availability of PHI; and, WHEREAS, as a Hybrid Entity, the City has ongoing responsibilities to establish and maintain ongoing policies, procedures and business practices to maintain compliance with HIPAA requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1. The City Council of the City of Wichita Falls, Texas ("City Council") hereby finds and determines that the recitals made in the preamble of this Resolution are true and correct, and incorporates such recitals herein. 2. The City Council hereby designates the City as a "Hybrid Entity." In accordance with 45 C.F.R. 164.105(a)(2)(iii)(C), the following components are designated as "covered components" of the Hybrid Entity: • The Wichita Falls -Wichita County Public Health District; • The Wichita Falls Fire Department to the extent it performs covered functions; • The Wichita Falls Police Department to the extent that it performs covered functions; • The Information Technology Department to the extent it performs covered functions; and • The Human Resources Department, including Employee Benefits, to the extent it performs covered functions; • The City Attorney's Office to the extent it performs covered functions; • The Employees' Benefits Trust Board; and • The City of Wichita Falls Sick Leave Committee to the extent that it performs covered functions. 3. The City Council affirms that all covered components are required to protect the security and privacy of PHI and comply with all applicable laws and regulations relating to data privacy and security, including, without limitation, HIPAA, HITECH, the Texas Medical Records Privacy Act and the Texas Identify Theft Enforcement and Protection Act. To this end, the City Council directs and authorizes the Privacy Officer and all Heads of Departments, Officers and Commissions of the City that have been designed as "covered components" to take any and all action necessary to implement this Resolution and ensure the following policy guidelines are followed: All employees, agents and volunteers are to comply with HIPAA, the PAGE 5 OF 7 PAGES AGENDA ITEM NO. 7.D Texas Medical Records Privacy Act and those regulations that implement these laws; 2. All employees, agents and volunteers are to comply with City policies and procedures implementing HIPAA and the Texas Medical Records Privacy Act; 3. Access, use and disclosure of PHI is limited to authorized personnel; 4. All personnel are to be trained and updated on all new requirements on a continuing basis; 5. All personnel are to immediately document and notify the Privacy and Security Officer of any unauthorized disclosures; 6. All personnel are to take steps to mitigate any damages caused by unauthorized disclosure; 7. All personnel are to ensure that access to PHI is for only "permitted uses" and is within the scope of the "authorizations," safeguard the confidentiality, integrity and availability of PHI in accordance with the Security Regulations promulgated pursuant to HIPAA; 8. All personnel are to ensure security of facilities and technological operations; 9. Department heads are to ensure that business associate agreements are executed with contractors that perform duties involving PHI on behalf of the City; 10. All personnel do not disclose protected health information to another department of the City if HIPAA would prohibit such disclosure; 11. All personnel are to protect electronic protected health information with respect to another department of the City to the same extent that would be required under HIPAA as if the covered entity component and the other department were separate and distinct legal entities; and 12. If a person performs duties for both the covered entity component in the capacity of a member of the workforce of such component and for another department of the City in the same capacity with respect to that department, such workforce member must not use or disclose protected health information created or received in the course of or incident to the member's work for the covered entity component in a way prohibited by HIPAA. 4. The City Council designates the following position of the City as the City's HIPAA Privacy Officer responsible for the development, implementation and oversight of the City's HIPAA privacy policies and procedures: • Director of Human Resources, or his or her designee. > The Director of Human Resources, or his or her designee, will designate the Director and Assistant Director of Health as the Privacy Officers exclusively for the Wichita Falls -Wichita County Public Health District. PAGE 6 OF 7 PAGES AGENDA ITEM NO. 7.D 5. The City Council designates the following position of the City as the City's HIPAA Security Officer responsible for security policies and procedures: • Information Systems Administrator 6. The City directs and authorizes the HIPAA Privacy and Security Officer to work in conjunction with the City Attorney to approve changes in the designation of departments, divisions, units and/or programs as health care components to maintain compliance with HIPAA and the Texas Medical Records Privacy Act, to develop policies and procedures, and outline other actions as necessary for the implementation of this Resolution and compliance with HIPAA and the Texas Medical Record Privacy Act. 7. This Resolution shall take effect immediately from and after the date of passage and it is so resolved. PASSED AND APPROVED this the 17th day of July, 2018. MAYOR ATTEST: City Clerk PAGE 7 OF 7 PAGES AGENDA ITEM NO. 7.D CITY COUNCIL AGENDA July 17, 2018 ITEM/SUBJECT: Resolution authorizing the City Manager to approve Change Order No. 2 for the 2016 Kemp Monroe Drainage Project Phase I in the amount of $83,961.50. INITIATING DEPT: Public Works STRATEGIC GOAL: Provide Adequate Infrastructure STRATEGIC OBJECTIVE: Complete Public Improvements Projects COMMENTARY: On January 24, 2017, bids were opened for the 2016 Kemp Monroe Drainage Project Phase I. This project constructed a complete drainage system including curb inlets, box culverts, detention pond with outlet structure, utility relocations, concrete paving, and associated work. The project is now complete and final quantities have been tabulated for the project. Additional work was required for the project which included an increase in street repair in areas adjacent to the project, and the addition of concrete riprap in the detention pond to reduce future maintenance issues. Adequate funding is available for this change order. This change order will modify plan quantities to final in-place quantities for final acceptance of the project. Staff recommends approval of Change Order No. 2 for the 2016 Kemp Monroe Drainage Project Phase I in the amount of $83,961.50, for the modification of plan quantities to final in-place quantities to accept the project. ® Public Works Director ASSOCIATED INFORMATION: Resolution , Change Order No. 2 ® Budget Office Review ® City Attorney Review Z City Manager Approval PAGE 1 OF 4 PAGES AGENDA ITEM NO. 7.E Resolution No. Resolution authorizing the City Manager to approve Change Order No. 2 for the 2016 Kemp Monroe Drainage Project Phase I in the amount of $83,961.50 WHEREAS, the City of Wichita Falls entered a unit price contract with Wilson Contracting with the estimated total cost of $3,992,634.50; and, WHEREAS, Change Order No. 1 was previously approved increasing the contract to a revised cost of $4,202,604.50; and, WHEREAS, the City of Wichita Falls has tabulated the final quantities for Change Order No. 2 for an addition of $83,961.50 for a final contract amount of $4,286,566.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is authorized to execute Change Order No. 2 for the 2016 Kemp Monroe Drainage Project Phase I in the amount of $83,961.50. PASSED AND APPROVED this the 17th day of July, 2018. MAYOR ATTEST: City Clerk PAGE 2 OF 4 PAGES AGENDA ITEM NO. 7.E CITY OF WICHITA FALLS, TEXAS CONTRACT CHANGE ORDER FORM Tf 2016 Kemp � .rx„ it rl illi ) f P'ro'm Pha se I, C AIF16 TO. 1Ni:rlskonm cr rxir'atitle 1, Ms Change Order. after approval iy the Owner, will tie your u Ca Rtr;'a'r"'for authority to make the fo1lcwang changes to the work ender your contras 1 This change order will modify plan quantities ba final lin-plane gaaaaltiliae , fta rm 203.3•P'A, Remove IEsista,vg IPa+waa- Areas hemmed 101 syat' 1110.00 per SYfor a final total el 1414790 SY". I1edn'1301„t0” Son Stabilization Iiracrrmaaed t3 $Y at $7.00 per SY fora find totai of ft.573 S'Y. tlwwtri 305 CP, f7" Reinfineedl Concrete Pavement Increased 484: SY at 548.111 x SY for a final total of i 0„021 'Y':. Item 0 Concrete Pilot: C ":faariruei' Ilacreasea l} SY at SGf1.:00 par SY for a fina:t tectal Pena 305-Rft„ 0” Concrete I Mp,rallp II tea^, 1„010. 23„2:32.00 528.00 5 14„10000 S °1,"010.00 -015 25,232.01) .02'&00 114,100.00 0 SY at 5$43.00 r ti for afaaauil total I11Earw iCl �.'1,” w onicsale O;urti 02'0 SY,. 14701100 14,71 ,00 IrICE * sed 774 LF at S'1:0' Or], por LF for a finalll'total a 3,774 LF. Item 308..2.PED, Pedestrian Ramp fdt�dva to EA, at 5420.00 pro' EA for a'fraaatuI total of 2a GA, I1lewr1 300-2-$Vii. 4” Fteinrfurced'Co+ncrete Si m,r�etic SY at 580,00 .;44'' SY for a 'final WWI of 1 ;W': Item 402 tilifity Cut Pavement Repair Irtrata critiel'25 fiY al 5220.00 Eir.at SY for xa final tnlal f a S " beet 501:14-2, 2" PVC "Maker Pipe end Fittings 4,200,00 5 4,080 00 (4,2 00"00) 5,0001:10 r15 5,500. a0 4,554.00 5 ¢ ecroased 1'30 LF at :'333 00 per LE for a final , i 01.x7" tt r .��.. ",»" 501 .14-11., T Water Ling Relocation At Ave .J-. 11 ILS at 50,560 Ver LS r nall total 01'0 Rein 001,..14-20„ 20" C-005 Ill VG Water Pipe and IFilirk u& InrOea&ef 7m9 iti^.1'531500- p�ar I. tuf a fiurowl total of 577 L Item 501.17-5, p a: "., Ruamo��+ra�,. 0. IRr1:1'acaa i0" Sf0R7:6 PVC Srawr+axPipe e masel 20 t,F a1 $'125,50 pet LF fere feu) total rrf 4 J' 14"F. 5 0„51117 50 (4,554 00): 7.21 0, 21:30.00 5. i2 520,1]ra)+ PAGE 3 OF 4 PAGES AGENDA ITEM NO. 7.E Itom 10 6-2, 2' EmitsII Bete vases 11ecrepoodf1 EA 441330,00 pe s EA far a final istef 0121 Urn 502 6-20, 2E" Verasof Bate Valve hatrased 1 EA Si 3,200 062253 EA, Ms a finsaficlopoE3 Item 502 1 BO Indfel ate LON BMW Service MerooSed 113 A ol 32,160 OD EA Mr a final WWI of r A Mon 502 $0,3 Mama 3/4 Shofit 33136m Soroce esea 1. EA al $3„210.00 pef frx a 11(1111 Nem 30545, BE FIVIC rasing 550,00 Mu :few d 4 LF M 53,4filta,,,Eflifict finiapiriia Item 306 345, R 0i & 3, 880,00 Depressed 1 EA 10 $880,00 cos 4 Jo a Sisal Bast of 0 EA ---, 35m 806 8,312„ 123 Cut & MOB Dosreatma 1 EA of $1,1 Ofif 5, of EA, he ,oForal 110d 018 Mom 506 84E, 203 Cut & increased 23/11 sa 31,6354) OE leer 14,A Ify a finab total of 018 nem ,300 3, 24' RCP Storm Sew POE Bcteased 23(2 al 5110 00 wr LE 'Mr a, final tail of 1193 LF, Mem 022-F„ Come lJ Faeroe Docreepod03 ttty .v71..00.60 SY Bs a butlattet !lai 813 gram 762-8e5R2BC,„ 63334 Etenfortmd Concrelks Boa Culverts Ur did 11 411: a5,50.inf0 per fas finalosaall of 826 E135 ram 1,100 0 3 OC)1, 13,200.00 :3 34200,00 3 24,33W DO 5 24 150 10 . . 1 l. ) 3 210.30, 264.80 $ cl,43f 4 M.100,0041 4 950 00 43536 OD 2,353000 650 00 ,WevenroveWal0 0161.110.6.1 3, 25,380 00 3, 11341011 616.11616.01,1,?,N166019 -PO4:3:773 _5992,634 30, 4 00009 2 530 00 l4 223000 t WOO 83 11, 50 (103 941111111112111pao ''''''""7"""'"1111111111171•2222211111171111101111" ',Affariffietion time under your .coritawt. virS1 10tholetiO0O5 lisfty 00) days beOeuse of this :Moor vide' thisSifici the revised cfair Otwk Cote Afirill BE 2018.. Approvecf By Owner ittliet_tCity Mn ger i)atett Accepted By 103. 13 T 0Ice—TglAi&r,4, Date I - 2 ' ,970,00 $ 4 286 533 egnarriineraTed ArciffiEng appl'acable") By: gaotialifaett Tiller City Engineer -A6 30 PAGE 4 OF 4 PAGES AGENDA ITEM NO. 7.E CITY COUNCIL AGENDA July 17, 2018 ITEM/SUBJECT: Resolution authorizing the City Manager to execute an agreement with Downtown Wichita Falls Development for the installation and maintenance of crosswalk art. INITIATING DEPT: Aviation, Traffic, & Transportation STRATEGIC GOAL: Redevelop Downtown STRATEGIC OBJECTIVE: Establish/leverage public/private partnerships COMMENTARY: On July 2, 2018, the Downtown Wichita Falls Steering Committee approved a recommendation for crosswalk art in the core area of Downtown Wichita Falls. This core area is defined by the railroad tracks, 10th Street, Scott Avenue, and 7th Street. This Agreement will outline the working relationship between the City of Wichita Falls, City staff, and Downtown Wichita Falls Development concerning crosswalk art. It will also identify the requirements of each party for the term of the Agreement, which is set at 10 years, with options to renew the Agreement every year after that. ® Director, Aviation, Traffic, & Transportation ASSOCIATED INFORMATION: Resolution; Crosswalk Agreement; Documentation presented to Downtown Wichita Falls Steering Committee ❑ Budget Office Review ® City Attorney Review Z City Manager Approval PAGE 1 OF 11 PAGES AGENDA ITEM NO. 7.F Resolution No. Resolution authorizing the City Manager to execute an agreement with Downtown Wichita Falls Development for the installation and maintenance of crosswalk art WHEREAS, Downtown Wichita Falls Development desires to install crosswalk art in the core Downtown area streets; and, WHEREAS, the City of Wichita Falls is responsible for the repair and maintenance of publically owned streets in the Downtown area; and, WHEREAS, agreed to install and maintain crosswalk art in the core Downtown area; and, WHEREAS, the City Council desires to enter into an Agreement with Downtown Wichita Falls Development related to the installation and maintenance of crosswalk art in the core Downtown area. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is authorized to execute an Agreement with Downtown Wichita Falls Development, with changes thereto in a form approved by the City Attorney, for crosswalk art installation and maintenance core Downtown area. PASSED AND APPROVED this the 17th day of July, 2018. MAYOR ATTEST: City Clerk PAGE 2 OF 11 PAGES AGENDA ITEM NO. 7.F Agreement between the City of Wichita Falls and Downtown Wichita Falls Development to Authorize Crosswalk Art in the Core Area of Downtown Wichita Falls This agreement between the City of Wichita Falls, ("City") a Texas municipal corporation, and Downtown Wichita Falls 1)evelopment ("DWI'l)"), a Texas non-protit corporation, describes the conditions for DWFD to install and manage crosswalk art within the Core Area of Downtown wichith Falls. 1. Consideration. Downtown Wichita Falls 1)evelopment desires to initiate a crosswalk art program in the core area of Downtown Wichita Falls, For the purpose of this agreement, the core arca in 1)owntown Wichita Falls is defined by the following boundaries: • Railroad Tracks • 0111 Street • Scott Avenue • 7th Street The core area shall include both sides of 10th Street, Scott Avenue, and 71h Street. Both parties agree to adhere to current and future federal and stale requirements regarding the maintenance, removal, installation, and repair of traffic control devices as related to crosswalk art. lite City and DWI'D both agree to the following: • There vtill be a six-month trial evaluation period after the initial crosswalk art, installation. • if both parties agree to proceed with additional crosswalk art installations after the six- month trial 'period, additional crosswalk art installations can proceed per this Agreement. • If either the City or 111WFD agrees that the crosswalk art period should not proceed after the installation of the initial crosswalk location, DWFD agrees to remove the original crosswalk, art installation per the Agreement. • To limit all crosswalk art installations to locations currently controlled by WAY STOPS in the Downtown Wichita Falls core arca. • Signalized locations and TWM-WAY STOP controlled intersections .for future crosswalk art installations shall only be considered as an amendment to this Agreement • To limit crosswalk art to roadways that do not exceed 30 NIPII • Agree to install crosswalk art al locations where the pavement is in satisfactory condition as determined by the Director • To USC street grade paint to provide a non -slip surface • All crosswalk art MUM he non -reflective • Roadway paint has a limited lite span and will require greater maintenance. Modern materials, such as the.nnoplastic, can provide a greater life cycle to reduce maintenance. DWFD may select, al its own cost, to use thermoplastic materials in an effort to manage their ftnure maintenance requirements • Mi crosswalk installations must remain Ainericans with Disabilities Act (ADA) compliant, Those locations that are not ADA compliant shall be reconstructed to ADA compliance before the placement of Crosswalk art. PAGE 3 OF 11 PAGES AGENDA ITEM NO. 7.F 2. Scope of Duties. The parties will keep each other informed of good phone numbers, addresses, and email addresses of points of contact for their respective organizations. For purposes of this agreement, the City's Director of the Department of Aviation, Traffic, and Transportation ("Director") will be the point of contact for the City. a. DWFD agrees to: • All crosswalk art must be approved by the Director prior to installation • Adhere to the same design parameters for all crosswalks located at an intersection; maintain the same theme if multiple crosswalks are installed at an intersection • Provide personnel and equipment to install the approved crosswalk art • Install the crosswalk as approved by the Director • Maintain the crosswalk for the life of the installation • Provide a traffic control plan to be used during the crosswalk installation and maintenance • Adhere to the traffic control plan during crosswalk installation and maintenance • Provide supplemental pavement cleaning to prepare street surface for crosswalk installation (City will provide street sweeping within 24 -hours of installation) • Provide all supplies and equipment inherent to crosswalk art installation, excluding white, yellow, blue, red, and black paint to be supplied by the City. • Acknowledge that maintenance and repairs may need to be made to utilities located under the roadway surface. DWFD further acknowledges that those repairs may negatively impact the crosswalk art project. THE CITY OF WICHITA FALLS WILL NOT BE RESPONSIBLE FOR DAMAGE CAUSED TO CROSSWALK ART DURING THE COURSE OF SUBSURFACE UTILITY REPAIRS. • Acknowledge that roadway repair and reconstruction may damage the crosswalk art. DWFD further acknowledges that roadway repair and reconstruction may negatively impact the crosswalk art project. THE CITY OF WICHITA FALLS WILL NOT BE RESPONSIBLE FOR DAMAGE CAUSED TO CROSSWALK ART DURING THE COURSE OF ROADWAY REPAIR AND RECONSTRUCTION. • Only close the street during daylight hours to perform work for crosswalk art installation and maintenance • Place the artwork in between the 12" transverse pavement markings, as provided by the City, on the intersection and approach edge of the crosswalk art installation to outline the area to be used for crosswalk art (illustrated below): PAGE 4 OF 11 PAGES AGENDA ITEM NO. 7.F dam1111111111 111111 h. DIN(FI) shall not: • Alter the street surface by artificially raising or lowering the pavement. • Paint or modify the adjoining curbs at any installed crosswalks. • Participate in any activities that may disrupt traffic flow without proper traffic control plans and devices in place • Deviate from the Director approved crosswalk art • Use white. yellow. or red colors m a Nvay which could he coninsed with traffic control devices within the artwork • tIse text within the scope of the crosswalk artwork • Use octagons or triangles or shapes that could be confused with a traffic control device within the artwork • Include any commercial advertisement or endorsement in the crosswalk art • Close the cross walk installation and maintenance work, zone during night time hours c. City intends to: • Sweep the installation arca within 24 -hours or the crosswalk installation • Provide D'iVFD any needed traffic control devices to direet vehicle (low during LI ()SOV instAlation; "1111'; CITY IS N(,)'1RES P( IBl.E FOR DV F1)'S FAIT RI TO 'USE TRAFFIC CON-IIR()1, 1)EVIC1,S S ILIJISTR AlIED AND APPROVED IN DWFD'S TRAFFIC CON R01 PI AN • Supply approved roadway grade paint for installation: white, yellow, blue, red, and black-, DWFD nuly supply their own roadwity paint if approved by the Director • Monitoring of the crosswalk to ensure maintenance standards • Provide 12" transverse pavement markings on the intersection and approach edge of the crosswalk art installation to outline the area to be used for crosswalk art • Provide a STOP BAR on the approach of the crosswalk d. City does not intend to: • Provide employees to install crosswalk art or set up traffic control • Unreasonably withhold cenummication and written response to DWIED once a crosswalk an request has been made • Provide on-going maintenance to crosswalk art projects, other than the transverse border along the intmection and approach edge of the project PAGE 5 OF 11 PAGES AGENDA ITEM NO. 7.F • Provide any fluiding to the crosswalk project other than items specifically mentioned in this Agreement e. At any time, the City may make such changes each crosswalk, location as are necessary to: • ensure public health and safety • make immediate repairs, to the crosswalk., at the sob expense of DWFD, if the Director deems an emergency exists, If the City determines that maintenance and repairs are required on the approved crosswalk art location, then, if time permits, it will make reasonable attempts to provide DWI]) with at least 14 -calendar days of notice of said problem and suggested corrective action. In no event will the City be liable to DWFD for any damage as a result of City corrective action or otherwise. Failure to correct maintenance issues will result in the immediate removal of the crosswalk art, at the sole expense of MVP D, at the end of the 14 -calendar day correction period. 3. erm of Agreement. The term of this Agreement shall be for 10 years after its effective date, and shall automatically renew for additional one year periods unless terminated prior 10 renewal. Notwithstanding, either party may terminate this Agreement at any time, 'with or without cause, on at least 90 -days notice to the other party. DWFD further agrees, at its own cost, to return the affected pavement to its original condition upon any expiration to this Agreement. 4. Governing Jaw and Dispute Resolution. This agreement is performable and is to be govenied by the law applicable in Wichita County, Texas. Sok venue for any action arising under this agreement shall be in Wichita County, Texas, 5. Indemnification and Liniit of Lia bility. MID expressly agrees to release, defend, indemnify and hold harmless the City, the City officers, agents, zmd employees from injuries to persons or damage to property in connection with the installation and maintenance associated with the crosswalk art project. DWFD expresslv agrees to defend, indemnify and hold harmless the City, its officers, agents. and employees in aecorthince with this clause regardless of whether the injury or damage is caused in whole or in part by the alleged acts or omissions of the City or any condition of any property ()Wiled or controlled by the City, The City shall not, be responsible for damage and vandalism associated with the crosswalk art installations by the public. 6. No Third -Party Beneficiaries. Nothing herein shall be construed to give any rights or benefits to anyone other than the City and DWFD. 7. Independent Contracton In performing services under this agreement, the relationship between City and DWFD is that of independent contractor, and City and 1)W11) by the execution of this Agreement do not change the independent contractor status or DMA). No term or provision of this Agreement or act of either party in the perfonnance of this Agreement shall be construed as making DWFD or any of its agents or employees into an agent, servant or employee of City. R. No Assignment. 1)WFD may not assign, transfer or sub -contract this Agreement or any of its rights or duties under this Agreement W1E1101.14 the prior written consent of the City. PAGE 6 OF 11 PAGES AGENDA ITEM NO. 7.F 9. Force Nlajeure. In the event a Party is prevented from performing under this Agreement by ciretunstances beyond its reasonable control (for example, act or (od, war or terrorism) then any obligation owing by such Party shall be suspended without liability for the period during which the Party is so prevented from performing. 10. Notice. All notices or demands to be given under this Agreement by either Party to the other shall be in writing and given either by: (a) personal service or (b) U.S. Mail, mailed either by registered or certified mail, return receipt requested, with postage prepaid. Service shall be considered given when received if personally serviced or if mailed on the third day afler deposit in any U.S. Post Office. The address to which notices or demands may be given by either Party may be changed by written notice given in accordance with thc notice provisions of this section. At the date (Willis Agreement, the addresses oldie parties are as follows: City of Wichita balls Director of A.T&T 2100 Seymour Highway Wichita, Falls, Fexas 76301 Downtown Wichita Falls Development Executive .Director •813 811 Street, Suite ft 100 Wichita Falls, Texas 76301. 11. Waiver. The waiver by either Party of a breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach of the same provision or of the breach of any term or provision of this Agreement. Executed, this the day of , 2018, ('ity of \Yid -lila Falls DoNvittovvin Wichita Fatills Development Dan -on Leiker, City Manager Jana Sehmader, Executive Director Attest Attest City Clerk PAGE 7 OF 11 PAGES AGENDA ITEM NO. 7.F 0 0 Development 0 0 0 t/1 a. 0 PAGE 8 OF 11 PAGES AGENDA ITEM NO. 7.F 0 0 0 3 3 U t [1111010,, 000000000000000000 ooloo 1111111111111111111111111111111111111111 0 11111 11111111111111111111111 IP11111 Hippnti PAGE 9 OF 11 PAGES AGENDA ITEM NO. 7.F 0 0 a ) IU \ / PAGE 10 OF 11 PAGES AGENDA ITEM NO. 7.F 0 0 (1) 0 0 (1) 0 E 0 a. 0 L. a 0 0 0 0 0 0 1) E cs,u 0 0) E 0 o PAGE 11 OF 11 PAGES AGENDA ITEM NO. 7.F CITY COUNCIL AGENDA July 17, 2018 ITEM/SUBJECT: Resolution authorizing the City Manager to apply for and accept a Federal Transit Administration Section 5339 Buses and Bus Facilities Infrastructure Investment Program Grant in an amount up to $10,000,000 INITIATING DEPT: Aviation, Traffic, & Transportation STRATEGIC GOAL: Provide Adequate Infrastructure; Efficiently Deliver City Services STRATEGIC OBJECTIVE: COMMENTARY: In February of this year, the City Council authorized staff to apply for up to $800,000 in funding from the Texas Department of Transportation (TxDOT) for planning related to the construction of a shared administrative, maintenance, and repair facility. The shared partner in the project will be Rolling Plains Management Corporation (SHARP Lines), and their staff will be responsible for obtaining their own funding for their portion of the project through TxDOT. In May of 2018, staff was notified by TxDOT that $100,000 was allotted for the following tasks: • Completed feasibility study • Space needs assessment • Environmental Documentation • Assistance with Property Acquisition Staff has completed the feasibility study in-house and will complete the environmental documentation as part of this grant application. In addition, the firm of SLA Architects is in the process of completing the space/needs assessment, as well as preliminary cost estimates for the project. Staff has also been working with City leadership and Property Management staff to identify City -owned property to build this facility. After looking at eight different locations, the property located at 2004 Old Windthorst Road was selected for the construction of this facility. This property currently houses an old fire station used by the City's Radio staff, as well as 7+ acres to the south and west of this building. While privately -owned locations were considered, the FTA indicated that the City would have to purchase that property outright for consideration. In effect, eminent domain would not be an option using FTA funds. If the grant application is successful, the old fire station will be demolished and the Radio staff will move into the old bus repair/maintenance facility. Accommodations will be made at the new facility to provide infrastructure for the continued operation of the current tower and its support equipment. PAGE 1 OF 3 PAGES AGENDA ITEM NO. 7.G The current facility was completed in 1984, and it is located in the Central Services Complex. Given the expansion of route services over the years and an increase in the number of buses owned by the City, the Public Transportation Division has simply outgrown its current location. As previously noted, SHARP Lines desires to enter into a joint venture agreement to construct a repair and maintenance facility to accommodate both organizations. Once the project is complete, the proposed facility will include the following: • Wichita Falls Transit System administrative offices • Rolling Plains Management Corporation administrative offices (funding secured by their staff through TxDOT) • Shared -use facilities to include dispatch, restrooms, locker room, break room, conference room, and wellness room to be built as part of this grant application • Administrative space to accommodate social service organizations (income generation) • Repair/Maintenance facility with seven pull-through bays • Bus Wash facility • Fueling facilities to accommodate both diesel and unleaded • Covered parking for buses • Parking to accommodate 60 buses The proposed location also provides for expansion needs in the future. Staff requests the support of City Council via this resolution to pursue and apply for this funding in an amount up to $10,000,000 or 100% of the total design/construction cost. The goal is to secure grant funding at 100% by using Transportation Development Credits for the remaining local match required by the City of Wichita Falls. ® Director, Aviation, Traffic, & Transportation ASSOCIATED INFORMATION: Resolution ❑ Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 2 OF 3 PAGES AGENDA ITEM NO. 7.G Resolution No. Resolution authorizing the City Manager to apply for and accept a Federal Transit Administration Section 5339 Buses and Bus Facilities Infrastructure Investment Program Grant in an amount up to $10,000,000 WHEREAS, the City of Wichita Falls has identified the need for improved transportation maintenance and repair facilities for its bus operations; and, WHEREAS, design funding for this proposed facility may be available through the Federal Transit Administration under the Section 5339 Bus and Bus Facilities Infrastructure Investment Program; and, WHEREAS, the City of Wichita Falls is an identified recipient to receive Section 5339 funding. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is hereby authorized to apply for and accept a Federal Transit Administration Section 5339 Buses and Bus Facilities Infrastructure Investment Program Grant, in an amount up to $10,000,000, for completion of a proposed administrative and repair/maintenance facility. PASSED AND APPROVED this the 17th day of July 2018. MAYOR ATTEST: City Clerk PAGE 3 OF 3 PAGES AGENDA ITEM NO. 7.G CITY COUNCIL AGENDA July 17, 2018 ITEM/SUBJECT: Appointments to Boards and Commissions INITIATING DEPT: City Clerk STRATEGIC GOAL: N/A STRATEGIC OBJECTIVE: N/A COMMENTARY: Terms for the 4A Wichita Falls Economic Development Corporation, 4B Sales Tax Corporation, Housing Authority Board and Library Advisory Board expire on July 31, 2018, and one term for the Helen Farabee MHMR Board expires August 31, 2018. *4A Wichita Falls Economic Development Corporation: Reno Gustafson and Dick Bundy both desire to be reappointed. Current applicants are Jessica Edwards, Blake Haney, Christine Heidebrecht, Brent Hillery, Andy Lee, Dave Lilley and Greg Sweatt. *4B Sales Tax Corporation: Glenn Barham, Darron Leiker and Michael Mills all desire reappointment. Current applicants are Blake Haney, Bruce Harris and Jeral Jackson. Housing Authority Board: Steve Sparks and Ronnie London, both desire to be reappointed. Current applicant is Shannon Jackson. Donna Piper has recommended reappointment of both current members. These are mayoral appointments and do not require council action. Library Advisory Board: Amy Bobrowitz, and Suhua Huang both desire reappointment. Roylene Quintero does not desire to be reappointed and there is a vacancy for one term that expires July 31, 2019 due to Kay Story resigning her position in May 2018. Current applicants are Emily Adams, Jean Hall, Linda Hughes, Larri Jacoby, Katherine Love, Kara Schroeder, Michael Smith and Susan Ussery. Helen Farabee MHMR Board: Robert Clements term expires August 31, 2018. Mr. Clement desires to be reappointed. Current applicants are J. Brian Eby, and James Rose. The Current Membership Rosters are attached. Applications will be sent to the council by separate e-mail. Boards marked with a * can discussed in executive session. PAGE 1 OF 7 PAGES AGENDA ITEM NO. 1 1 . Z City Clerk ASSOCIATED INFORMATION: Spreadsheet ❑ Budget Office Review ® City Attorney Review Z City Manager Approval PAGE 2 OF 7 PAGES AGENDA ITEM NO. 1 1 . co w (7 0 d 0 co w (7 0 0_ 3 yr term Desires Reappointment 4-, 00 C 00 a N O CU 0 CUC E��s - E o - E : -0 a) co = .- . s-a CO -a — tin -0 0- N Ca L (V Q (V 0 (V (6 o U° U E 3 V) L- E +; y N Qualifications M Cr Cr c-1 CO District c-1 000.1 c-1 OO N %-1-1 \ N- c-1 N c\-1 CO N O N O N c\-1 CO N O N O N c\-1 \ 00 c-1 O N c\-1 \ Exp Date Cr) c-1 O N c\-1 CO N. NLit c-1 c-1 O O N N N. N O O 6/4/2013 07/05/2016 N. c-1 O N 7/1/2014 7/5/2017 Lc) in ON c-1 O c-1 O N O N N \ N. O O O Appt Date 06/21/2011 06/04/2013 07/07/2015 07/05/2017 Gustafson, Stephan A Leiker, Darron Toogood, David Lane, Leo U 0 C co /° a mtl� / ° rere /ore® / Name Fidelie, Tony Jr. *WF 4A Econ. Dev. -1 N M 1.ff *46 Sales Tax Corp 4) 0 f6 CL c-1 6 Z w H 0 Z w CD N reappointment Barham, Glenn M l0 00 O N Cr l0 O O c-1 c-1 c-1 c-1 O O O O O O N N N N N N 0000 c-1 • lO N c -I • Ln c -I O O c -I O O O O O O O O Leiker, Darron c -I O N O▪ l Schneider, Derik Lf) 11 M A Mills, Michael A co w c9 0 d LL 0 w CD 0 d 6 Z w H 0 Z w CD Qualifications Archer, Clay, Montague Exp Date O N c-1 M 00 Appt Date O c-1 O N Name Verner Hayhurst (Chair) Helen Farabee MHMR Board c-1 a) 0 f6 0 co w c9 0 d LL 0 w CD 0 d 6 Z w H 0 Z w CD w c9 d u_ 0 Lf) w CD d Counties Jack & Wise Counties Throckmorton, Young Counties Baylor, Hasell, Knox Counties Cottle, Dickens, King Counties Childress, Foard, Hardeman, Wilbarber Counties Wichita County CWF Desires Reappointment fer 2 yr term Qualifications District Exp Date Ln o o Appt Date 6/21/2011 06/04/2013 07/27/2015 06/27/2017 VACANT Kathy Thorp Linda Griffith White, BiIlye Ruth Secretary Van R. "Bill" White (Vice -Chair) Derek Meador Clement, Robert Steven Sullwold Name Scroggins, John at 111 Housing Authority Board 6 Z Lu H 0 Z w CD Desires reappointment Desires reappointment Desires reappointment c-1 c-1 c-1 oo 01 00 01 N. O 7/27/2015 7/31/2016 c-1 7/1/2014 7/31/2016 c-1 N Steve Sparks Kitty Howard London, Ronnie L_it O N N N N Qualifications a) co f6 Q X W a) E Z ci)� w (7 a O Z LL w O H (0 Q w (7 Z < a (D Desires reappointment c-1 c-1 c-1 Ol Ol 00 O c-1 c-1 c-1 N O O O O N N N N \ \ \ \ c-1 c-1 c-1 c-1 M mm m N N N N l0 l0 ii 7/15/2014 07/05/2017 O O O N N (-NI \ \ \ c-1 O O N c-1 c-1 c-1 Acuna, Kym Sernoe, Jim Bobrowitz, Amy Latham, Kimberley c-1 N M Cr ci)� w (7 a O Z LL w O H (0 Q w (7 Z < a (D Does not desire N N c -▪ I M c -▪ I c -I O O N N C•1 N ▪ L▪ fI Watt, Carolyn Lf) reappointment Lf) Quintero, Roylene a) .N a) reappointment Huang, Suhua 00 N -1 (6 2 00 N N c -I M Reeves, Emily Cr) Of Friend of the •J Hausburg, Jana ci)� w (7 a O Z LL w O H I� Q w (7 Z < a (J