Min 05/15/2012 392
CITY COUNCIL MINUTES
Wichita Falls, Texas
Memorial Auditorium Building
May 15, 2012
Item 1
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.
Glenn Barham - Mayor
Dorothy Roberts-Burns - Mayor Pro Tern
Michael Smith Councilors
Annetta Pope -
Rick Hatcher -
Tim Ingle -
Mary Ward -
Darron Leiker - City Manager
Miles Risley City Attorney
Lydia Ozuna - City Clerk
Mayor Barham called the meeting to order.
Item 2a
Lance Bourgeois, Grace Church College &Young Adult Pastor, gave the invocation.
Item 2b
Councilor District 3 Rick Hatcher led in the Pledge of Allegiance.
Item 3
Mayor Barham and City Clerk Lydia Ozuna canvassed the returns of the
Municipal Election held in the City of Wichita Falls, Texas on May 12, 2012. Precinct by
precinct returns were canvassed followed by final cumulative.
After the canvassing of the returns, Council considered the following ordinance.
Item 4
ORDINANCE NO 29 - 2012
Ordinance Canvassing The Returns Of The Municipal Election Held In The City
Of Wichita Falls, Texas On May 12, 2012.
Moved by Councilor Hatcher that Ordinance No 29-2012 be passed with the following
returns being inserted in the blanks.
436 voters voted in said election.
393
Item 4 continued
MAYOR:
Harvey Glenn Barham Unopposed
COUNCILOR DISTRICT 3
Casey Elliott O'Donnell received_ 98 votes.
Brian Jeffrey Hooker received_ 338 votes
COUNCILOR DISTRICT 4:
Timothy Mark Ingle Unopposed
COUNCILOR DISTRICT 5:
Mary Helen Ward Unopposed
The City Council officially finds, determines and declares the results of said election to
be that:
Harvey Glenn Barham was duly and legally elected Mayor;
Brian Jeffrey Hooker was duly and legally elected Councilor District 3;
Timothy Mark Ingle was duly and legally elected Councilor District 4; and
Mary Helen Ward was duly and legally elected Councilor District 5.
Motion seconded by Councilor Smith and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward
Nays: None
Item 5
City Clerk Lydia Ozuna administered the Oath of Office to Harvey Glenn
Barham as Mayor, Brian Jeffrey Hooker as Councilor District 3, Timothy Mark Ingle as
Councilor District 4, and Mary Helen Ward as Councilor District 5.
Mayor Barham presented Certificates of Election to the Councilors Hooker,
Ingle, and Ward.
Outgoing Councilor District 3 Rick Hatcher presented Mayor Barham his
Certificate of Election.
Mayor presented Councilor Rick Hatcher a plaque and thanked him for his six
years of service to the City and its citizens.
Councilor Hatcher provided the following departing words. It has been an honor
and privilege to serve the City in this capacity. Our City - there is none like it, nothing
better. I want to thank everyone who works for the City of Wichita Falls, there are none
better. You have a good group of people running our City. We have always heard from
folks who visit here or pass by here that the people here are the greatest. It is a
business friendly City.
Congratulations to Brian Hooker another businessman.
Good luck and God bless Wichita Falls.
Item 6
City Council recessed to a reception honoring Councilor Rick Hatcher for his
service on the Council, and welcoming the newly elected official and returning
incumbents.
City Council reconvened at 9:20 a.m.
At this time the newly elected and returning officials took their place on the dais.
Mayor called the meeting back to order at 9:22 a.m.
394
Item 7
No one signed up to speak under public comments.
Item 8
Minutes of the May 1, 2012 Council meeting were approved as distributed.
Item 9a—9d
City Manager gave a briefing on the items listed under the Consent Agenda.
Moved by Councilor Roberts-Burns that the Consent Agenda be approved.
Motion seconded by Councilor Pope and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, , Ingle, and
Ward
Nays: None
Items 9a- 9d
Minutes of the following boards and commissions were received.
(a) MPO Technical Advisory Committee, January 11, 2012.
(b) MPO Transportation Policy Committee, January 26, 2012.
(c) City-County Public Health Board, February 24, 2012
(d) Park Board, March 22, 2012
Item 10
RESOLUTION NO. 43-2012
Resolution Of The City Of Wichita Falls Denying Atmos Energy Corp., Mid-
Tex Division's ("Atmos Mid-Tex") Requested Rate Change; Requiring The
Company To Reimburse The City's Reasonable Ratemaking Expenses;
Finding That The Meeting At Which This Resolution Is Passed Is Open To
The Public As Required By Law; Requiring Notice Of This Resolution To The
Company And ACSC's Legal Counsel
Moved by Councilor Pope that Resolution No. 43-2012 be passed.
Motion seconded by Councilor Ingle and carried by the following vote:
Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hooker, Ingle, and
Ward
Nays: None
Item 11 a
Lindsey Greer, Convention and Visitors Bureau Director, presented information on
their current and future activities.
Item 11 b
Council members brought up the following matters.
Mayor and the incumbent Councilors congratulated and welcomed incoming Councilor
Brian Hooker.
Councilor Ward:
a) Thanked the residents of District 5 who attended the Town Hall Meeting.
395
Item 11 b continued
Councilor Ingle:
a) Thanked Police Chief Bachman for a great Memorial Service yesterday.
b) Mentioned that the City Manager had been selected to attend an Executive
Institute in Virginia and did very well there; it is an honor. Congratulations.
c) Commended Bob Sullivan for what is happening with the Sports Alliance.
d) Requested that the signage leading visitors to downtown events, restaurants, etc.
be reviewed.
Councilor Smith:
a) Suggested that Convention and Visitors' Bureau provide reports on a more regular
basis. Doing good work; good presentation.
b) Thanked the media for their coverage of the City's recycling efforts. Invited citizens
to check the City's website for recycling information.
Councilor Hooker:
a) Thanked everyone for their kind words and looks forward to working with everyone.
Mayor Barham:
a) Referred to a "Letter to the Editor' relating to smoking violations/enforcement, and
suggested that before writing to the paper do your homework. The Police
Department is not the enforcing department it is the Health Department; any
smoking violations/complaints need to be directed to the Health Department.
Health Director Lou Kreidler provided their phone number—761-7820.
Item 12
City Council went into Executive Session at 9:51 a.m. in accordance with Texas
Government Code 551.071 and 551.072.
City Council reconvened at 10:07 a.m.
Mayor announced that no votes or polls were taken during Executive Session.
Item 13
City Council adjourned at 10:10 a.m.
PASSED AND APPROVED this 5th day of June 2012.
MAYOR
ATTEST:
City Clerk
City of Wichita Falls
City Council Agenda
Glenn Barham, Mayor
Dorothy Roberts-Burns, Mayor Pro Tern 4„tom"
Michael Smith, District 1
Annetta Pope-Dotson, District 2
Rick Hatcher, District 3
Tim Ingle, District 4
TEXAS Mary Ward, District 5 aby
B/ueSkiey.Cr�/deitOyy�'tun��ie, ___
Darron Leiker, City Manager
Miles Risley, City Attorney
Lydia Ozuna, 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, May 15, 2012 Beginning At 8:30 A.M.
Item # Bill #
1. Call To Order
2. (a) Invocation: Lance Bourgeois
College & Young Adult Pastor
Grace Church
(b) Pledge Of Allegiance
3. Canvass The Returns Of The Municipal General Election Held In The City Of
Wichita Falls, Texas On May 12, 2012.
4. Ordinance Canvassing The Returns Of The Municipal General #71
Election Held In The City Of Wichita Falls, Texas On May 12,
2012
5. Administration Of Official Oath To Newly Elected Council Members
6. Recess
7. 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 Five Minute Time Frame Will Be Adhered To For Those Addressing Their
Concerns.
8. Approval Of Minutes Of The May 1, 2012 Regular Meeting Of The Mayor
And City Council
CONSENT AGENDA
9. Receive Minutes
(a) MPO Technical Advisory Committee, January 11, 2012
(b) MPO Transportation Policy Committee, January 26, 2012
(c) City-County Public Health Board, February 24, 2012
(d) Park Board, March 22, 2012
REGULAR AGENDA
10. Resolution Of The City Of Wichita Falls Denying Atmos Energy #72
Corp., Mid-Tex Division's ("Atmos Mid-Tex") Requested Rate
Change; Requiring The Company To Reimburse The City's
Reasonable Ratemaking Expenses; Finding That The Meeting
At Which This Resolution Is Passed Is Open To The Public As
Required By Law; Requiring Notice Of This Resolution To The
Company And ACSC's Legal Counsel
11. Other Council Matters
(a) Staff Council Discussion
• Presentation on Convention and Visitors Bureau Activities
(b) Discussion Of Items Of Concern To Members Of The City Council.
12. Executive Sessions:
(a) Executive Session in accordance with Texas Government Code
§551.071, consultation with attorney on matter involving pending or
contemplated litigation or other matter in which the duty of the
attorney to the governmental body under the Texas Disciplinary
Rules of Professional Conduct of the State Bar of Texas clearly
conflicts with the Texas Open Meetings Act (including, but not
limited to, legal issues related to property on Smith Street).
(b) Executive Session in accordance with Texas Government Code §
551.072, to deliberate the purchase, exchange, lease, or value of real
property interests due to the fact that deliberation in an open
meeting would have a detrimental effect on the position of the City in
negotiations with a third party (including, but not limited to, the
purchase and/or value of property on Smith Street)
13. 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 Sixth Street
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
CITY COUNCIL AGENDA
PAGE 2 OF 3 PAGES
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 day of
2012 at o'clock (a.m.)(p.m.).
City Clerk
CITY COUNCIL AGENDA
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