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AGD 03/16/2021 City of Wichita Falls City Council Agenda Stephen Santellana, Mayor �x ' r °�� ,. Bobby Whiteley, At Large Michael Smith, District 1 a DeAndra Chenault, Mayor Pro Tern �� )(C. /4{d Jeff Browning, District 3 °, + � ' r 4i 1 TEXAS Tim Brewer, District 4 a� ' Nu 5A,w4older�02'ort#mtie, Steve Jackson, District 5 .4, ,14,0 Darron Leiker, City Manager Kinley Hegglund, City Attorney Marie Balthrop, City Clerk Amended 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, March 16, 2021, Beginning At 8:30 A.M. This meeting can be accessed and viewed at the following locations: 1. The video may be livestreamed on the City's YouTube page (https://www.voutube.com/citvofwf) 2. A livestream will be shown on the Spectrum/Time Warner Cable Channel 1300 3. A livestream will be shown on the City's Facebook page (City of Wichita Falls, Texas Government) (https://www.facebook.com/CitvofWF) 4. A video of the meeting will be posted on the City's YouTube page (https://www.voutube.com/citvofwf) Item # 1. Call to Order 2. (a) Invocation: Dr. Mark Bender First Christian Church (b) Pledge of Allegiance 3. Presentations Proclamation —Absolutely Incredible Kid Day, Camp Fire North Texas CONSENT AGENDA 4. Approval of minutes of the March 2, 2021 Regular Meeting of the Mayor and City Council. 5. Resolutions (a) Resolution authorizing the purchase of one (1) Toro Groundmaster 5900 16-foot mower through the BuyBoard Purchasing Cooperative from Professional Turf Products, Limited Partnership, in the amount of $99,866.55 (b) Resolution authorizing the purchase of one (1) John Deere Flail Mower through the BuyBoard Purchasing Cooperative from Quality Implement Co. and Tiger Corporation in the amount of$137,567.67 6. Receive Minutes Lake Wichita Revitalization Committee, February 9, 2021 REGULAR AGENDA 7. Ordinances (a) Ordinance making an appropriation to the Special Revenue Fund for the Women, Infants, and Children (WIC) Grant Program in the amount of $413,228 received from the Department of State Health Services and authorizing the City Manager to execute contract accepting same (b) Ordinance appropriating $1,045,386 in Federal Coronavirus Response and Relief Supplemental Appropriation (CRRSA) Funds for Airport Operators and authorizing the City Manager to execute all necessary funding agreements related hereto (c) Ordinance authorizing the City Manager to apply for and accept a Federal Transit Administration Section 5310 Enhanced Mobility of Seniors and Individuals with Disabilities Grant in an amount of$372,342 from the Texas Department of Transportation 8. Resolutions (a) Resolution authorizing the Mayor to execute a Tax Abatement Agreement with Rise Properties LLC and Cleanaire, LLC, dba Pamlico Air related to their project where they spent approximately $2.5 million to repair, add improvements, and upgrade air filter manufacturing capabilities for the property at 2801 Production Boulevard owned by Rise Properties LLC which is in the Pamlico Reinvestment Zone (b) Resolution authorizing continued participation with the Steering Committee of Cities served by Oncor; and authorizing the payment of six cents per capita to the Steering Committee to fund regulatory and legal proceedings and activities related to Oncor Electric Delivery Company, LLC (c) Resolution awarding bid and contract for the 2021 Water Budget Utility Improvements Project to Bowles Construction Co. in the amount of CITY COUNCIL AGENDA PAGE 2 OF 4 $1,415,632.00 and authorizing the City Manager to Execute pertinent documents (d) Resolution authorizing the City Manager to enter into a Crossing Surface Installation Agreement with Burlington Northern Santa Fe Railway Company for the upgrade of the 7th Street railroad crossing in the amount of$385,530.00 9. Other Council Matters (a) Staff Reports 1. COVID-19 Update, Lou Kreidler 2. Presentation on the City's Compensation Study (b) Items of concern to members of the City Council 10. 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 start of the meeting. A three-minute time frame will be adhered to for those addressing their concerns. Since comments from citizens are not posted agenda items, the City Council is prohibited from deliberating or taking any action, other than a proposal to place the item on a future agenda. Staff may provide factual statements in response to inquiries or recite existing policy. 11. Executive Sessions (a) Executive Session in accordance with Texas Government Code §551.087 to discuss or deliberate the offer of a financial or other incentive to a business prospect that the City Council seeks to have, locate, stay, or expand in or near the territory of the City of Wichita Falls and with which the City and/or economic development corporations created by the City are conducting economic development negotiations (including, but not limited to, economic development update). (b) 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: • Landmark Commission • Planning & Zoning Commission • TIF #3 Board 12. Appointments to Boards and Commissions • Landmark Commission • Planning & Zoning Commission • TIF #3 Board CITY COUNCIL AGENDA PAGE 3 OF 4 13. Adjourn 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. 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 10th day of March, 2021 at 3:30 o'clock p.m. J7 &elluu? City Clerk CITY COUNCIL AGENDA PAGE 4 OF 4 City of Wichita Falls f-.-_4, City Council Meeting !' L ...,._. Minutes Ak. 445-16 March 2, 2021 '� ; r 4,', ,� �I TEXAS44, �� iti- N/ueSkieS 4o/de Oppajfiu ties. L. 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 DeAndra Chenault - Mayor Pro Tem Tim Brewer - Councilors Jeff Browning - Steve Jackson - Michael Smith - Bobby Whiteley - Darron Leiker - City Manager Kinley Hegglund - City Attorney Marie Balthrop - City Clerk Mayor Santellana called the meeting to order at 8:30 a.m. Item 2a — Invocation Sergeant Toby Romack, Salvation Army, gave the invocation. Item 2b — Pledge of Allegiance Mayor Santellana led the Pledge of Allegiance. Page 1 of 10 Agenda Item No.4. Item 3a — Proclamation —Wichita County Mask Up Initiative, The Rotary Club of Southwest Wichita Falls 8:34 a.m. Mayor Santellana read a proclamation proclaiming March 2, 2021 as Wichita Falls/Wichita County Mask Up Initiative Day and urged citizens to keep wearing a mask and social distance when possible. Let's work together to end this pandemic and keep our loved ones safe. The Southwest Rotary Club will be selling yard signs for the initiative. Item 3b — Northwest TX Council Boy Scouts of American Report — Parker Deal 8:38 a.m. Parker Deal, First Class Scout with Troop 11, presented the Northwest TX Council Boy Scouts of America Annual Report. Item 3c — Proclamation — Meals on Wheels March for Meals Month, The Kitchen 8:45 a.m. Mayor Santellana proclaimed March as Meals on Wheels March for Meals Month to bring awareness for the need of a nutritious meal and human contact for those who are often forgotten and live in isolation in our community. Item 3d — Employee of the Month — Blake Haisten, Fire Department 8:48 a.m. Ken Prillaman, Fire Chief, recognized Blake Haisten as the Employee of the Month for March 2021. Mayor Santellana congratulated Mr. Haisten and presented him with a plaque, letter of appreciation, restaurant voucher, and check, and thanked him for his service. Item 4-6 — Consent Items 8:51 a.m. City Manager Darron Leiker gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Smith to approve the items on the consent agenda. CITY COUNCIL MINUTES March 2,2021 Page 2 Page 2 of 10 Agenda Item No.4. Motion seconded by Councilor Browning and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, Smith, and Whiteley. Nays: None Item 4 —Approval of minutes of the February 2, 2021 Regular Meeting of the Mayor and City Council Item 5 — Receive Minutes (a) Park Board, September 24, 2020 (b) Metropolitan Planning Organization Technical Advisory Committee, October 15, 2020 (c) Park Board, October 22, 2020 (d) Metropolitan Planning Organization Transportation Policy Committee, November 11, 2020 (e) Wichita Falls 4B Sales Tax Corporation (4BSTC) December 3, 2020 (f) Park Board, December 10, 2020 (g) Lake Wichita Revitalization Committee, January 12, 2021 (h) Wichita Falls Economic Development Corporation, January 21, 2021 Item 6 — Ordinance 03-2021 8:53 a.m. Ordinance making an appropriation to the Special Revenue Fund in the amount of $18,000.00 for grant funding from the Dallas Internet Crimes Against Children Task Force, which is administered by the City of Dallas Reimbursement Program. Moved by Councilor Chenault to approve Ordinance 03-2021. Motion seconded by Councilor Jackson and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, Smith, and Whiteley. Nays: None Item 7a — Resolution 23-2021 CITY COUNCIL MINUTES March 2,2021 Page 3 Page 3 of 10 Agenda Item No.4. 8:54 a.m. Resolution to accept the written offer as presented for one trustee parcel and authorizing execution of the Quitclaim Deed to convey title to the Walker Family Trust. Moved by Councilor Browning to approve Resolution 23-2021. Motion seconded by Councilor Smith and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, Smith, and Whiteley. Nays: None Item 7b — Resolution 24-2021 8:57a.m. Resolution authorizing continued participation with the Atmos Cities Steering Committee; and authorizing the payment of five cents per capita to the Atmos Cities Steering Committee to fund regulatory and related activities related to Atmos Energy Corporation. Moved by Councilor Browning to approve Resolution 24-2021. Motion seconded by Councilor Smith and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, Smith, and Whiteley. Nays: None Item 7c — Resolution 25-2021 8:59 a.m. Resolution authorizing the City Manager to approve Change Order No.1 for the Hike & Bike Trail from Barnett Road to Seymour Highway in the amount of $179,794.86. Moved by Councilor Brewer to approve Resolution 25-2021. Motion seconded by Councilor Jackson. CITY COUNCIL MINUTES March 2,2021 Page 4 Page 4 of 10 Agenda Item No.4. Russell Schreiber, Director of Public Works, noted that this change order will be funded by the 4B Sales Tax Corporation and will fill in the gaps along this portion of the trail that were not able to be funded with the initial bid. Motion carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, Smith, and Whiteley. Nays: None Item 7d — Resolution 26-2021 9:01 a.m. Resolution awarding bid and contract for the 2021 Asphalt Rehabilitation Project to Freeman Paving, L.L.C. in the amount of $1,018,865.50. Moved by Councilor Browning to approve Resolution 26-2021. Motion seconded by Councilor Smith and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, Smith, and Whiteley. Nays: None Item 7e — Resolution 27-2021 9:05 a.m. Resolution authorizing the purchase of prisoner cages, push bumpers, lights, and sirens for new patrol units through the BuyBoard Purchasing Cooperative from Big Country Supply in the amount of $55,445.01. Moved by Councilor Brewer to approve Resolution 27-2021. Motion seconded by Councilor Jackson and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, Smith, and Whiteley. Nays: None CITY COUNCIL MINUTES March 2,2021 Page 5 Page 5 of 10 Agenda Item No.4. Item 7f— Resolution 28-2021 9:08 a.m. Resolution granting a waiver of Resolution 112-89 to allow the connection of water service outside the City Limits to a Commercial Use located at 2974 State Highway 79. Moved by Councilor Browning to approve Resolution 28-2021. Motion seconded by Councilor Brewer and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, Smith, and Whiteley. Nays: None Item 7q — Resolution 29-2021 9:13 a.m. Resolution approving the programs and expenditures of the Wichita Falls Type B Sales Tax Corporation Board of Directors and amending the budget to include funding up to $7,500 to The Museum of North Texas History related to their ongoing efforts to inventory and preserve the contents of the former Railroad Museum downtown. Moved by Councilor Brewer to approve Resolution 29-2021. Motion seconded by Councilor Smith and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, Smith, and Whiteley. Nays: None Item 8a1 — COVID-19 Update, Lou Kreidler, Director of Health 9:20 a.m. In February there were 457 new positive cases which represents a 16.54% decrease in cases from the prior month, there were 33 deaths which represents a 39% decrease from the prior month, and there were 1 ,989 recoveries in February. The Health CITY COUNCIL MINUTES March 2,2021 Page 6 Page 6 of 10 Agenda Item No.4. Department has administered 6,519 vaccines and have fully vaccinated 2,844 individuals. The transition to the new online inoculate system by Luminare is complete and 2,301 individuals were imported into the new system and 736 of those have completed the registration process. The online system has greatly reduced the time it takes to schedule appointments and the Health Department is able to serve more individuals in less amount of time. Within 3 hours of going live with the new system over 400 individuals registered. Mrs. Kreidler asked the public to make sure they are available for the time they select, and if they cannot keep the appointment for any reason to please call the Health Department. This is very important as they only schedule appointments for the vaccine they have available. When individuals do not show up employees have to rush to schedule someone else so they do not waste any doses of vaccine. Once vials are punctured they must be used within a specific amount of time and it is important to the Health Department that no dose is wasted. Vaccines are working as there has been a decrease in the number of hospitalizations for the over 65 age group and a decrease in cases in nursing homes. Mrs. Kreidler discussed the new CDC quarantine rules for those vaccinated, partners that are offering vaccinations, and urged citizens to continue to wear a mask, social distance, wash their hands often and get the vaccine when it is available. Lengthy discussion was held concerning the state priority groups, concerns with those not included in these groups, implications if we do not follow the guidelines and how other entities are not following the state recommendations. It was discussed that not all entities providing vaccines are licensed by or receive funding from the state like the Health Department, and do not run the risk of losing funding if they do not follow the guidelines. Mrs. Kreidler has been in contact with the state various times to clarify questions and discuss concerns with priority groups. Item 8a2 —Winter Storm Update 9:45 a.m. Ken Prillaman, Fire Chief, presented a response overview for winter storm Uri. Chief Prillaman discussed the timeline, gave an overview of the City's response, highlighted significant wins, and discussed challenges they faced. This event was historic and included five simultaneous disasters including: the coldest temperatures in over fifty years; largest amount of snow in a single week since 1985; largest local power outages since the 1979 tornado; first ever statewide disaster; and all of this happened during a worldwide pandemic. Chief Prillaman discussed departmental responses and noted significant wins to include the following: water and sewer systems maintained pressures and avoided a local boil water order; significant daily process clearing roads; acquisition and distribution of bottled water; acquisition of portable showers; and public private partnerships for community shelters/warming stations. Following are some of the challenges faced: limited Emergency Management resources such as not having cots, blankets, water or food; limited number of generators; no support from the Red Cross due to COVID-19; warming center to sheltering transition; acquiring adequate CITY COUNCIL MINUTES March 2,2021 Page 7 Page 7 of 10 Agenda Item No.4. drinking water; use of non-potable water; and a limited amount of portable showers. Chief Prillaman discussed financial implications and steps the City has taken to assist the public to include waived fees, emergency repair grants, and FEMA assistance. It was acknowledged that there is always room for improvement, but one certainty is that no community can afford to purchase, store, and maintain enough equipment and supplies to cover all possible disasters. Russell Schreiber, Director of Public Works, discussed the snow removal operations plan and how roads are prioritized due to limited equipment. There was brief discussion between council and staff and various questions were answered. Staff that worked during the disaster and their families were repeatedly thanked for their hard work during the disaster, especially since many of them were facing their own issues at home with power outages, freezing pipes, etc. Item 8a3 — Downtown Street 2-way Conversion, John Burrus 10:26 a.m. John Burrus, Director of Aviation, Traffic and Transportation, discussed the plan to transition some one way streets to two way streets, and adding some four way stops in the downtown area. Mr. Burrus discussed the process, opposition, and continuing coordination with businesses and churches in the area. The wfmpo.com website has additional information. Item 8b — Items of Concern to Members of the City Council 10:34 a.m. Councilor Smith thanked the Salvation Army and Faith Mission for serving the community through the winter storm as both of these facilities were full during the event. He also thanked all non-profits for all they do for our community. Councilor Browning gave a special thanks to Mr. Leiker for keeping the council informed throughout the winter storm, and thanked the City employees for their work especially since many of them were dealing with power outages and issues of their own. Councilor Browning stated that he is not for purchasing more equipment as this was a once in a lifetime event that we learned from and can work to do better in the future. Councilor Jackson thanked Mr. Schreiber and Mr. Burrus and their departments for their work during the winter storm. He also personally thanked John with Hennan Heating and Air Conditioning, Phillip with Redhawk Heating and Air Conditioning, and Miller Plumbing for assisting the citizens in his district with repairs. Councilor Jackson expressed his support for the Railroad Museum and thanked Chief Borrego for applying for the grant for crimes against children. He feels we need to step up as a community to stop human trafficking. CITY COUNCIL MINUTES March 2,2021 Page 8 Page 8 of 10 Agenda Item No.4. Councilor Brewer thanked the City staff for all they did and gave a special thanks to Lindsay Barker for disseminating information to the community. Businesses are still coming to Wichita Falls, and the new Chick-fil-A will have their grand opening this Thursday. Councilor Brewer discussed concerns he has received regarding envelopes being sent with water bills to customers on automatic draft and asked Mr. Leiker to explain why that is done. Mr. Leiker stated that the city uses a third party for this service and the process is automated. It would actually cost the city more to remove the envelopes than it does to send them. Mr. Leiker encouraged citizens to sign up for electronic statements as this saves money on paper, envelopes, and postage. Councilor Whiteley commended the city for waiving cut off fees and repair permit fees after the winter storm. Kuddos to the employees that worked through the winter storm working long hours in painful conditions. It will be tough to pick just one employee of the month. Councilor Chenault stated that Wal-Mart on Central Freeway is providing COVID-19 vaccines. You can sign up at Walmart.com, create an account, and schedule an appointment. CVS will also have vaccines and will require online registration. Councilor Chenault brought attention to citizens that are unemployed and need assistance with utilities and rent and stated that they can apply for assistance at www.texasrentrelief.com, and sign up for emergency repairs through Neighborhood Resources in Room 300 at City Hall. Interfaith Ministries can assist with food needs Monday, Wednesday, and Friday between 9-2, and citizens can apply for FEMA assistance at www.disasterassistance.gov. The first Art Walk of 2021 will be held this Thursday downtown 5:30 — 9:30, and she encouraged everyone to wear their mask. Mayor Santellana thanked employees and councilors for their work through the winter storm. The Strategic Planning session is coming up and he thinks it will be a unique year and will include more emergency management issues. The Strategic Plan is one of the most vital things we do to set goals and priorities for the city. Mayor Santellana asked for support for letter jackets for band members for twelve graduating seniors from Hirschi High School. Item 9 — Comments from the Public to Members of the City Council Concerning Items That Are Not on the City Council Agenda 10:49 a.m. There were no comments from the public. CITY COUNCIL MINUTES March 2,2021 Page 9 Page 9 of 10 Agenda Item No.4. Item 10 —Adjourn Mayor Santellana adjourned the meeting at 10:49 a.m. PASSED AND APPROVED this 16th day of March 2021. Stephen L. Santellana, Mayor ATTEST: Marie Balthrop, TRMC, MMC City Clerk CITY COUNCIL MINUTES March 2,2021 Page 10 Page 10 of 10 Agenda Item No.4. CITY COUNCIL AGENDA MARCH 16, 2021 ITEM/SUBJECT: Resolution authorizing the purchase of one (1) Toro Groundmaster 5900 16-foot mower through the BuyBoard Purchasing Cooperative from Professional Turf Products, Limited Partnership, in the amount of $99,866.55. INITIATING DEPT: Aviation, Traffic & Transportation STRATEGIC GOAL: Efficiently Delivery City Services STRATEGIC OBJECTIVE: Practice Effective Governance _ COMMENTARY: The City has purchased mowers through a cooperative purchasing program for the past several years. Staff has found this process to be cost effective, not only in the initial purchase, but also for maintenance during the life of the product. By limiting the acceptable models, the City is able to maintain a limited parts inventory, as well as inter-change components when necessary. This is a replacement unit to be used for mowing highways. Texas Local Government Local Government Code §252.022 exempts items purchased through interlocal cooperative purchasing contracts from the State's competitive bidding requirements. This chapter does not apply to expenditure for. . . (12) personal property sold... under an interlocal contract for cooperative purchasing administered by a regional planning commission established under Chapter 391. Staff recommends the purchase of one (1) Toro Groundmaster 5900 (T4) 16-foot mower through the BuyBoard Purchasing Cooperative from Professional Turf Products, L.P., in the amount of$99,866.55. Budgeted Cost: $100,000.00 Actual Cost: $99,866.55 Budget Savings: $133.45 ® Purchasing Agent ® Director of Aviation, Traffic & Transp. ASSOCIATED INFORMATION: Resolution ; Purchase Documentation; Photo ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 1 OF 5 PAGES AGENDA ITEM NO. 5.A Resolution No. Resolution authorizing the purchase of one (1) Toro Groundmaster 5900 (T4) mower through the BuyBoard Purchasing Cooperative from Professional Turf Products, Limited Partnership, in the amount of $99,866.55 WHEREAS, Texas Local Government Local Government Code §252.022 exempts items purchased through interlocal cooperative purchasing contracts from the State's competitive bidding requirements; and WHEREAS, the City Council of the City of Wichita Falls has passed a resolution approving the participation in such cooperative agreements; and WHEREAS, the City Council finds that Professional Turf Products, L.P. is offering one (1) Toro Groundmaster 5900 (T4) 16-foot mower through the BuyBoard Purchasing Cooperative, and it is in the City's best interest to purchase equipment in accordance with the Cooperative Purchasing Programs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: City Staff is authorized to execute all documents necessary to purchase one (1) Toro Groundmaster 5900 (T4) 16-foot mower from Professional Turf Products Limited Partnership in the amount of$99,866.55. PASSED AND APPROVED this the 16th Day of March, 2021. MAYOR ATTEST: City Clerk PAGE 2 OF 5 PAGES AGENDA ITEM NO. 5.A Professional 1`urfPi.4.4.rcls, 18"' ICt]n Nn ih]nduwinal TOR Elites.. Texas 7.603`i 11117 in Trey Adam,. f 401.I SIU. AL tiilt;}_�.,b]l9 rt.. . ., . ... :L.1;13u%i ii 11]Inri`rein Ship To City at V.'Ichlta Falls- Parks Malnt_])ik. Date' R911 To _ 'Fax Rate Con tautSha^tt ];uritctt Destination Included Address 1'J '`":. Iili Stree':.4yrirhiLi I'o ,'IX 76:10I 'Pratte-In Finance Phayne Account Type Email t�1HIS:1I) QCa:{#I s Cum rnunts! Proposal Qty Modal#1 Description Extended 1 31698 Graundsrnaster 59Cc(T4) 1 30659 Universal Sunshade,White 10 93-5973 10 Inch Foam Filled Caster Wheel Assembly Grourelsmastet 5900(T4) S 99,866.55 SubTotal $ 99,866.55 Destination Included Tax IEStimated) TOTAL $ 49,066.55 Comments_ 'terms&Conditions; 1.Order,t are considered Canerartual. Order eanrellatlont am xuhjrrt to tiers up to 1[lip of the on not order valuC_ 3. New equipment delivery Mae is estimated at six weeks from the time credit Isappivved&documents are executed,_ _i.PrLcing,Including finance options,valid for 3C daps from time of rjirsita[iun_ 4.Yayment.by[:rrrl It card are subject to canti enienrr fee. S.After 30 days all prices are suhleet bn charm without notice_ .1,tined and Iferoo equipment is in high deruanJ aril availability is yuhjert to change. r3., Upun Grin customer commitment la purtha s.. said equipment availability will bedelenuhied And locked'. S. In the event equipment ix unavailable at Liore of order.Pl'P will employ every retourre to secure an acceptable substitute_ C PIP strongly advises the eutlomer to issue a limn Pt)as tie ickiy as possible after acceptance of quotation. 7,"Trade In Allowances"will be treated as a credit for tutrtre parts pnrcllasrs ao PTP account uniess otht'r:trraniements have been made, iiCturna Policy! 1. Alt returns-ire sublcct to restocking,.refurbishing.usage.and shipping fees. Confidential Property of Professional Turf Products Page 1 of PAGE 3 OF 5 PAGES AGENDA ITEM NO. 5.A 2_All returns must he able to he sold as new. 3.Items missing parts are non returnable. 4.Professional Turf Products will have sole discretion as to the resalable condition of the product. 5.This policy does not apply to items that are defective,or shipped incorrectly by PTP or one of its vendors. 1.Terms are net 10 unless prior arrangements have been Made. 2. Quoted prices are suhieet to credit approval. FL 1FTl will work with third party Iluanclal institutions to secure leases when requested to do so. 13. When using third party financiers,documentation ices deadvance payments may be required. C. For convenience,monthly payments are estimated biased on third party rate factors in effect at time(Arlie quotation, D. PTP asxwne%no I iah lily in rhe creel rive!i t liricomi•X nnay.eiLehle ur rale%rho age timing 1 he a ppnaval pnrra'sx. 1.Then:will Ie a swrvire charge ay ua]In 1_S%per mantle(1l%par arueu rn)ern:ill paka elua•iuroicrx_ 4_ fly l:aw'wa! rr nyluirc.I lu ri le.i"Native 1,11 f w,,rr'of uu r iule•u1 vet fllr lien in r]en rvc nl of paynarnr Jrranla_ This notice must he sent within MI days of the date the original Invoice and will happen automatically regardless of any special payment arrangements that may have been made. Authorized Signature: Date: confidential Property of Professional Turf Products Page 2 of Z PAGE 4 OF 5 PAGES AGENDA ITEM NO. 5.A ammo 11, • • • i • -� r r_■ ., PAGE 5 OF 5 PAGES AGENDA ITEM NO. 5.A CITY COUNCIL AGENDA MARCH 16, 2021 ITEM/SUBJECT: Resolution authorizing the purchase of one (1) John Deere Flail Mower through the BuyBoard Purchasing Cooperative from Quality Implement Co. and Tiger Corporation in the amount of$137,567.67. INITIATING DEPT: Aviation, Traffic & Transportation STRATEGIC GOAL: Efficiently Deliver City Services STRATEGIC OBJECTIVE: Practice Effective Governance COMMENTARY: This unit will be comprised of a John Deere 6105E Cab Tractor from Quality Implement Co. in the amount of $63,425.67 and a Triple Flail System from Tiger Corporation in the amount of$74,142.00. This unit will also replace a 2002 tractor with a flail mower system. Texas Local Government Local Government Code §252.022 exempts items purchased through interlocal cooperative purchasing contracts from the State's competitive bidding requirements. This chapter does not apply to expenditure for. . . (12) personal property sold. . . under an interlocal contract for cooperative purchasing administered by a regional planning commission established under Chapter 391. Staff recommends the purchase of one (1) John Deere Flail Mower through the BuyBoard Purchasing Cooperative in the amount of$137,567.67. Budgeted Cost: $140,000.00 Actual Cost: $137,567.67 Budget Savings: $2,432.33 ® Purchasing ® Director of Aviation, Traffic & Transportation ASSOCIATED INFORMATION: Resolution ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 1 OF 8 PAGES AGENDA ITEM NO. 5.B Resolution No. Resolution authorizing the purchase of one (1) John Deere Flail Mower through the BuyBoard Purchasing Cooperative from Quality Implement Co. and Tiger Corporation in the amount of$137,567.67 WHEREAS, Texas Local Government Local Government Code §252.022 exempts items purchased through interlocal cooperative purchasing contracts from the State's competitive bidding requirements; and WHEREAS, the City Council of the City of Wichita Falls has passed a resolution approving the participation in such cooperative agreements; and WHEREAS, the City Council finds that Quality Implement Co. is offering one (1) John Deere 6105E Cab Tractor and Tiger Corporation is offering (1) Triple Flail System through the BuyBoard Purchasing Cooperative, and it is in the best interest to purchase equipment in accordance with the Cooperative Purchasing Programs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: City Staff is authorized to execute all documents necessary to purchase one (1) John Deere Flail Mower through the BuyBoard Purchasing Cooperative from Quality Implement Co. and Tiger Corporation in the amount of $137,567.67. PASSED AND APPROVED this the 16th day of March, 2021. MAYOR ATTEST: City Clerk PAGE 2 OF 8 PAGES AGENDA ITEM NO. 5.B ell JOHN DEERE YOUR CONTRACT. YOUR QUOTE . YOUR HELP REQUESTED. Ensure your equipment arrives with no delay. Issue your Purchase Order or Letter of Intent. To expedite the ordering process, please include the following information in Purchase Order For any questions, please contact: or Letter of Intent: ❑ Shipping address Micheal Breit gan ❑ Billing address Quality Implement Co. 2112 S Red River Expressway Vendor: John Deere Company Eurkburnett, TX 76354 ❑ 2000 John Deere Faun Cary. t Tel: 940-569-1483 Fax: 940-569-1396 Email: michealbreitiganiqualityimplement.corn ❑ Contract name andtor number O Signature ❑ Tax exempt certificate, if applicable The John Deere Government Sales Team PAGE 3 OF 8 PAGES AGENDA ITEM NO. 5.B rirTig I I JOHN DEERE aC QUALITY IMPLEMENT CO, ALL PURCHASE ORDERS MUST BE MADE OUT ALL PURCHASE ORDERS MUST BE SENT TO(VENDOR): TO DELIVERING DEALER: Deere&Company Quality Implement Co. 20DD John Deere Run 2112 S Red River Expressway Cary.NC 27613 Burkburnett,TX 76354 FED ID: 36-2322580: DUNS#:60-7690989 940-669-1453 gatethbt'qual ityimplement.com Quote Summary Prepared For; Delivering Dealer; Wade City Of Wichita Fall Quality Implement Co. TX Micheal Breitigan Home: 940-723-7027 2112 S Rod River Express.aray eurkburnett,TX 76354 Phone: 940.569.1463 michealbreitigan +gtralityimplement.com Quote ID: 23236496 Created On; 01 December 2020 Last Modified On: 01 December 202D Expiration Date: 31 December 202D Equipment Summary Selling Price Qty Extended JOHN DEERE 6105E Cab Tractor $63.426.67 X 1 = $63.425.67 (B7 PTO hp} Contract: TX 6uySoerd Grounds Mtnc Equip,Irrigation 611-20 (PG 67 CG 70) Pr lee Effective Date: November 30,2020 Equipment Total $63,425,67 • Includes Fees and Noncontract items Quote Summary Equipment Total S 63,425.67 Trade In SubTotal $63.425.67 Est.Service 5 0.00 Agreement Tax Total $63,425.67 Doom Payment (0.00) Rental Applied (0.00) Balance Due $63,425.67 Salesperson :X Accepted By X Canfadenirel PAGE 4 OF 8 PAGES AGENDA ITEM NO. 5.B JOHN DEERE Selling Equipment QUALITY MFLE ENT chi. Quote Id; 2323849E Customer Name; ALL PURCHASE ORDERS MUST RE MADE OUT ALL PURCHASE ORDERS MUST RE SENT TO(VENDOR): TO DELIVERING DEALER: Deere&Company Quality Implement Co. 2000 John Deere Run 2112 S Red RiVEif Expressway Cary,NC 27513 Burkburnatt,TX 76354 FED ID:36-2362580_DUN5 : 60-76003n 940 569-1483 garethbs?•ualityrimplernent.aam JOHN DEERE 6105E Cab Tractor (87 PTO hp) Hours: Stock Number: Contract: TX BuyBoard Grounds Mtne Equip. Irrigation Selling Price 611-20 (PG 67 CG 70) $ 63,425.67 Price Effective Date: November 30. 2020 * Price per item - includes Fees and Non-contract items Code Description Ow List Price Discount% Discount Contract Extended Amount Price Contract Price 332RP 8105E Cab Tractor($7 PTO 1 $ 81.952,00 23.00 $ 10,848.96 $63.103.04 $63.103,04 hp) Standard Options-Per Unit 0202 United States 1 $0.00 23.00 $ D.00 $0.00 $0.00 0409 English Operator's Manual 1 $0.00 23.00 S 0,00 $0.00 $ 0.00 North America 0521 Cab MFWD 2-SCV 12F112R 1 $0.00 23.00 5 0.00 S 0.00 5 0.00 PowrReverser Air Seat Value Package 1383 12F112R PowrReverser 1 $0.00 23.00 $0.00 $0.00 $0.00 Transmission (19mph130kmh)-MFWD Axle 2050 Standard Cab 1 $0.00 23.00 $0.00 S 0.00 $0.00 2100 Mechanical Suspension 1 $0.00 23.00 $0.00 5 0.00 $0.00 Seat(MSG85) 3340 Triple Deluxe SCV with ISO 1 $419.00 23.00 5 96.37 5 322.63 $ 322.63 Breakaway Couplers 4015 Standard Hitch 1 $0.00 23.00 $0.00 $0.00 $0.00 4120 Two Telescopic Draft Links 1 $0.00 23.00 $0.00 $0.00 5 0.00 4315 Standard Drawbar 1 $0.00 23.00 $0.00 5 0.00 5 0.00 4420 Sway Chain with Retainers 1 $0.00 23.00 $0.00 S 0.00 5 0.00 5212 460155R34 In. OPR R1 1 $0.00 23.00 $0.00 5 0.00 5 0.00 Radial 6210 340185R24 In. 8PR R1 1 $0.00 23.00 5 0.00 5 0.00 5 4.00 Radial Standard Options Total $419.00 $96.37 $322.63 $ 322.63 Corrnde,--t� PAGE 5 OF 8 PAGES AGENDA ITEM NO. 5.B JOHN DEERE Selling Equipment QUALITY O. Quote Id: 23238496 Customer Name: ALL PURCHASE ORDERS MUST BE MADE OUT ALL PURCHASE ORDERS MUST BE SENT TO IVEINDOR): TO DELIVERING DEALER: Deere a Company Quality Implement Co. 2000 John Deere Run 2112 S Red River Expresav,ay Cary. NC 27513 Burkburnett.TX 70354 FED ID: 36-238258D; DUNS#: 60-7690989 940-569-1483 garethb@quafityinnpIGITIGnt.com Value Added Services $0.00 $0.00 $0.00 Total Total Selling Price $82,371.00 $ 13,945.33 $ 63,425,67 $63,425,67 Confidential PAGE 6 OF 8 PAGES AGENDA ITEM NO. 5.B FRIG LILT A Timms Buy Board Quote shoot 1-Jun-20120 [IA In CITY OP WICHITA FALLS P.O. Sex 1431 Wichita Falls,TX 743.O7 91rp41. FLEET MAINTENANCECENTRALE!RVIfC1l COMIILC71116e 6!YMOLIR IMlY WICHITA FALLS TX.71101 . I:ne 1,Wr• LILY{.3 Wi P KMItA F.4aL WO"I Tx O 1531 4 4r1rnobl.IerWid ll Tnniy r T... "t- Eli Livei Cor4:lcl IIr.ad.rlvih.1.kArth q. .• '4a I 1 1 Cw has 2X.1 CJ OM.f Gal.. . r47,41."-..arru,•� r44..1w&Alert..l .1IS11T1NY Al CAI A ri..,.l.19..1. ,Ith4a,il In Ft Ptltwe•e 14.. 714,11s.:iP9.1. -I4247,r..arrI.h.s dells Phis*drq cl gu.seenf to: !Serer,F rnnl L,Ir„I.vn2,h,rrm.-all ,Fry rrar .++YI,Fr rc•rurnrl mien II.7651+Ill W 141sA!g71I 1;11.71.1 alwa.valid For 28 day. PIT eoo-8-63-5&9 EkT 3 :ihl:c.l•.111••:1r.IC1,,u . 1r'Ml:OII QUOreki in 64091 fiXin1IS TRIPLE FLAIL - EXTREME DUTY 49:0ssIgran.r.perrev..:9/600/n I 4ll }L uul.Ct.i1.e Irn.<I'I III I..11 :1V Vrl u' l.-la C..P.AL�. MULLRu.il Pa our 111. A,dJ Lr,auwe..Ian rl..(li....aim..q d - .IPW TP OyR.�¢�C'R`:'You rrw.;.t a,01.ck cn.e.m Ir4nn S.0ilan 1,2 A}far a m cop M l.i.Mall ow.r. ! j►d i i 'ir a til.eV.l.a Base Ursa ._._.._._. ._._.._._.._._. ._._.._._.._._._ I 1!1-1416. 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POR I Araf MM_Pk 11AtIIC1 11914 S i S , S - Flrlehl'Is an 4•Hln..a.enly,•.ley nk.ng4 s1 piny,of ship...94 -R ACTOR IP4FORRL4TIC1N RrnUIPED. P..nSonanlon 12%.12 h1 a 1,.41A110d41: .1hf I Crib TWO STD _ Tiro.00 In ta!'J. Fr,nr 41ND4r MFWI &Wr. Illdkll Mcvf G.1 csa-I-... .:.um.Fella,9D 57197. P..tcs we s.-2yrtl w.hu.rya v.Awwn MAIMS PAGE 7 OF 8 PAGES AGENDA ITEM NO. 5.B 'i 41!.. ,,.4111'4:4:,...., 4+; , , . i .IL;" �,. Litil " a J• �yw RJR :' 1 . , - , +.:,. .2j) - ' ''' ' 'AA( t. I .,4 y 1 I 1 L A + F t �pf PAGE 8 OF 8 PAGES AGENDA ITEM NO. 5.B MINUTES LAKE WICHITA REVITALIZATION COMMITTEE February 9, 2021 PRESENT: ■Members David Coleman, Chair Tim Brewer, City Council Rep Steve Garner Ford Swanson Sharon Roach Kendrick Jones Eve Montgomery Crystal Byrd Matt Marrs Blake Jurecek, Assistant City Manager •Staff Vikesh Desai, Engineering Terry Points, Parks Department •Guests ABSENT: Eric Stevens, Pete Gill, Jeremy Garza, Alicia Castillo 1. Call to Order: David called the meeting to order at 10:00 am, declared a quorum, and introduced Matt Marrs, our new member, who was appointed by City Council after Kathy Forehand-Chaddick resigned last month. Matt shared his background with the group, having worked for WF Public Works Dept in the past. 2. Approval of Minutes: January meeting minutes were approved unanimously. 3.a. Veteran's Plaza Project: Vikesh stated the Veterans Plaza design is essentially complete. KHA has completed a layout plan for the walkway which will provide areas for the engraved donor bricks to be grouped by family, or by Conflict (when a conflict is specified), or in a miscellaneous group. The donor bricks will be framed by plain bricks in a soldier pattern. 3.b. Lake Deepening Alternatives David stated he did not yet have the calculations regarding what percentage of lake bed materials would be removed if Compressed Earth Blocks were used for the new high schools, but would soon, and will email the group. Steve asked when the$2.2M would be needed, if a donor wished to supplement the WFISD budget to use the CEBs, and David said he would ask the structural engineer about the construction schedule. Blake stated that the City Attorney has determined the City can allow the Lake Wichita lake bed materials to be removed to make CEBs, since the removal of the materials benefits the City. A document like a Memorandum of Agreement will suffice. February 9, 2021 Page 1 of 2 Agenda Item No.6. 4. Discussion of Brick Sales and Fundraising Initiatives: David informed the group that he filed a Letter of Intent to the Priddy Foundation on Feb 1st to start the grant request process. However, they have declined our request and we will not be invited to submit the full grant application. David will update Mac Cannedy to see if the Bridwell Foundation or other foundations that he manages would be interested in supporting the Veterans Plaza. David asked Blake if we can discuss the possibility of requesting funds for the Veterans Plaza from the 4B Board, since Paul Menzies has stated this is feasible. Blake replied Yes, and David will initiate this discussion after talking to other potential donors. 5. Other Business Matters: Steve asked about the new Intern, Kimberly Paris, and David will ask Kathie if she completed the task list for her. Purchase of a Post Office box for Committee business is not needed, since Eric Stevens has agreed we can use the City of Lakeside City's new mailing address. David stated he would put "Election of Officers" on the next agenda, to fill the Secretary position vacated by Kathie Forehand-Chaddick. 6. Adjournment: The meeting adjourned at 10:28 am. Ai' jn2 I David Coleman, Chair Date February 9, 2021 Page 2 of 2 Agenda Item No.6. CITY COUNCIL AGENDA March 16, 2021 ITEM/SUBJECT: Ordinance making an appropriation to the Special Revenue Fund for the Women, Infants, and Children (WIC) Grant Program in the amount of $413,228 received from the Department of State Health Services and authorizing the City Manager to execute contract accepting same. INITIATING DEPT: Health STRATEGIC GOAL: Efficiently Deliver City Services STRATEGIC OBJECTIVE: Practice Effective Governance COMMENTARY: The federally funded WIC program has increased the participant rate to $15.24 per client that adds an additional $8,048 in funding, and $241,000 has been added to allow for renovation of the WIC clinic to allow us to serve clients in a more efficient manner. This renovation will include updating two bathrooms in the area adjacent to WIC, which are original to the building, built in 1969. $114,110 in funding will be utilized to allow the continuance of remote services due to COVID. This will include the addition of temporary full time staff to assist with phone calls and texting to enroll and recertify individuals remotely. $50,070 will be utilized to allow us to continue to support individuals in nutrition and breastfeeding services to clients. All of these expenditures are an effort by the State to increase the client experience and therefore increase participation and retention rates among clients. This will increase our total grant amount to $1,243,137, with a project end date of September 30, 2021. Staff recommends approval of the ordinance. ® Director of Health ASSOCIATED INFORMATION: Ordinance ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 1 OF 2 PAGES AGENDA ITEM NO. 7.A Ordinance No. Ordinance making an appropriation to the Special Revenue Fund for the Women, Infants, and Children (WIC) Grant Program in the amount of $ 413,228 received from the Department of State Health Services and authorizing the City Manager to execute contract accepting same WHEREAS, the Department of State Health Services has identified additional funding for our local WIC agency; and, WHEREAS, the approval of these funds could not have been anticipated prior to the adoption of the 2020 —2021 budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: There is hereby appropriated in the Special Revenue Fund $413,228 for the Women, Infants, and Children (WIC) Program. PASSED AND APPROVED this the 16th day of March, 2021 . MAYOR ATTEST: City Clerk PAGE 2 OF 2 PAGES AGENDA ITEM NO. 7.A CITY COUNCIL AGENDA March 16, 2021 ITEM/SUBJECT: Ordinance appropriating $1,045,386 in Federal Coronavirus Response and Relief Supplemental Appropriation (CRRSA) Funds for Airport Operators and authorizing the City Manager to execute all necessary funding agreements related hereto. INITIATING DEPT: Aviation, Traffic, & Transportation STRATEGIC GOAL: Efficiently Deliver City Services STRATEGIC OBJECTIVE: Practice Effective Governance COMMENTARY: On February 12, 2021, the City of Wichita Falls was notified by the Federal Aviation Administration (FAA) that it had been allocated $1,045,386 in Coronavirus Response and Relief Supplemental Appropriation (CRRSA)funding. As part of the formula, $1,022,386 will be distributed by the FAA for Wichita Falls Regional Airport, and $23,000 will be provided to Kickapoo Downtown Airport. The CRRSA allows the City of Wichita Falls to use these funds to offset declines in airport revenue and for airport related debt service approved by the FAA. In addition, there are no local match requirements for these funds. The City of Wichita Falls will continue to receive its annual FAA Entitlement grant funding in an amount of approximately $1 million. It is anticipated that the CRRSA funding will be used to offset operational expenses at both Wichita Falls Regional and Kickapoo Downtown Airports. In addition, it is further anticipated that CRRSA funding will be used to offset the FAA and General Fund contribution for debt service on the Regional terminal bond. There is a four-year deadline by which the CRRSA funds must be spent. The CRRSA funds can also be used retroactive to January 20, 2020 for expenditures related to the Airport's operations. Staff recommends approval of the resolution accepting the grant amount of$1,045,386. ® Director, Aviation, Traffic, & Transportation ASSOCIATED INFORMATION: Ordinance; ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 1 OF 2 PAGES AGENDA ITEM NO. 7.B Ordinance No. Ordinance appropriating $1,045,386 in Federal Coronavirus Response and Relief Supplemental Appropriation (CRRSA) Funds for Airport Operators and authorizing the City Manager to execute all necessary funding agreements related hereto WHEREAS, the City of Wichita Falls received notification from the Federal Aviation Administration for Coronavirus Response and Relief Supplemental Appropriation (CRRSA) funding in the amount of $1,045,386; and, WHEREAS, it is desirable to budget these grant funds for the operation and debt service obligations of Wichita Falls Regional and Kickapoo Downtown Airports; and, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is authorized to accept Coronavirus Response and Relief Supplemental Appropriation (CRRSA) funding from the Federal Aviation Administration, with changes thereto in a form approved by the City Attorney. PASSED AND APPROVED this the 16th day of March 2021. MAYOR ATTEST: City Clerk PAGE 2 OF 2 PAGES AGENDA ITEM NO. 7.B CITY COUNCIL AGENDA March 16, 2021 ITEM/SUBJECT: Ordinance authorizing the City Manager to apply for and accept a Federal Transit Administration Section 5310 Enhanced Mobility of Seniors and Individuals with Disabilities Grant in an amount of $372,342 from the Texas Department of Transportation. INITIATING DEPT: Aviation, Traffic, & Transportation STRATEGIC GOAL: Efficiently Deliver Services STRATEGIC OBJECTIVE: Practice Effective Governance COMMENTARY: The Section 5310 grant program aims to improve mobility for seniors and individuals with disabilities by removing barriers to transportation service and expanding transportation mobility options. This is an "origin to destination" program, and the Wichita Falls Transit System took over operation of this system from North Texas Regional Planning Commission in September 2017. To date, over 26,600 trips have been provided to citizens requesting transportation for their medical needs. Public transportation services do not meet all of the needs of older adults and people with disabilities. Section 5310 is designed to fill those gaps in public transportation. It funds activities to support the provision of transportation services to meet specialized needs of seniors and those with disabilities when public transportation is insufficient, inappropriate, or unavailable. Primarily within the city of Wichita Falls, the program assists those seeking medical care. As part of the eligibility requirements, these customers are also unable to use standard public transportation options because of their medical issues or route scheduling conflicts. This program is not to be confused with para-transit public transportation options where the transit agency has local funding requirements and a wider range of eligible services provided under that program. Instead, the Section 5310 program pays for 100% of the funding requirements associated with transporting eligible customers. In this case, the Section 5310 service is limited to those activities not resolved through the current route deviation system transportation network. Through recent approval from the Texas Department of Transportation, FallsRide will continue to subcontract with SharpLines to provide the service. FallsRide staff will administer the program, as well as provide coordination services with SharpLines. As a result, there will be no need to purchase additional equipment and hire more staff members. It is estimated that the City of Wichita Falls can provide approximately 7,300 trips per year to eligible customers. Once the funding is exhausted, the program ceases until the next funding opportunity. PAGE 1 OF 3 PAGES AGENDA ITEM NO. 7.0 Staff requests the support of City Council via this ordinance to pursue and apply for this funding in an amount of$372,342 or 100% of the total service cost. In addition, the grant application will seek funds for a two-year commitment from the Texas Department of Transportation to the Section 5310 program. As a result, the two-year grant will provide $186,171 of service for each year of the grant. Staff recommends approval of the resolution. ® Director, Aviation, Traffic, & Transportation ASSOCIATED INFORMATION: Ordinance ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 2 OF 3 PAGES AGENDA ITEM NO. 7.0 Resolution No. Ordinance authorizing the City Manager to apply for and accept a Federal Transit Administration Section 5310 Enhanced Mobility of Seniors and Individuals with Disabilities Grant in an amount of $372,342 from the Texas Department of Transportation WHEREAS, the City of Wichita Falls has identified the need for improved transportation options for seniors and individuals with disabilities; and, WHEREAS, funding for this service may be available through the Federal Transit Administration under the Enhanced Mobility of Seniors and Individuals with Disabilities Section 5310 program administered through the Texas Department of Transportation; and, WHEREAS, the City of Wichita Falls is an identified recipient to receive Section 5310 funding to assist those eligible seniors and individuals with disabilities. NOW, THEREFORE, BE IT ORDAINED 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 Enhanced Mobility of Seniors and Individuals with Disabilities Section 5310 grant from the Texas Department of Transportation, in an amount of $372,342, to assist those eligible local citizens. PASSED AND APPROVED this the 16th day of March, 2021. MAYOR ATTEST: City Clerk PAGE 3 OF 3 PAGES AGENDA ITEM NO. 7.0 CITY COUNCIL AGENDA March 16, 2021 ITEM/SUBJECT: Resolution authorizing the Mayor to execute a Tax Abatement Agreement with Rise Properties LLC and Cleanaire, LLC, dba Pamlico Air related to their project where they spent approximately $2.5 million to repair, add improvements, and upgrade air filter manufacturing capabilities for the property at 2801 Production Boulevard owned by Rise Properties LLC which is in the Pamlico Reinvestment Zone. INITIATING DEPT: City Attorney STRATEGIC GOAL: Accelerate Economic Growth STRATEGIC OBJECTIVE: Support Implementation of the Econ Dev Plan COMMENTARY: The attached resolution authorizes the Mayor to execute tax abatement agreements with Rise Properties LLC and with Cleanaire, LLC, dba Pamlico Air, Inc., for 10 years. These tax abatements will abate the following percentage of taxes on the increased value of appraised value and of tangible personal property on the Premises in the following percentages: Year Percent of Increase 1 100% 2 90% 3 80% 4 70% 5 60% 6 50% 7 40% 8 30% 9 20% 10 10% Pamlico will upgrade existing infrastructure and operate a manufacturing facility on the Premises. The company has made an investment in the facility of at least $2,500,000. As a result of this investment, Pamlico anticipates creating approximately 200 new jobs at this facility. A more detailed description of the improvements, all of which will be located on the Premises, is set forth in the attached Abatement Agreements. ® City Attorney ASSOCIATED INFORMATION: Improvements; Resolution ® Budget Office Review ® City Attorney Review ® City Manager Approval Page 1 of 24 Agenda Item No. 8.a Resolution No. Resolution authorizing the Mayor to execute a Tax Abatement Agreement with Rise Properties LLC and Cleanaire, LLC, dba Pamlico Air related to their project where they spent approximately $2.5 million to repair, add improvements, and upgrade air filter manufacturing capabilities for the property at 2801 Production Boulevard owned by Rise Properties LLC which is in the Pamlico Reinvestment Zone. The City Council finds that the City has complied with the prerequisites for tax abatement, as provided in Chapter 312 of the Texas Tax Code and the City's Guidelines and Criteria for Tax Abatement, as adopted on January 21, 2020. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1. The Mayor is hereby authorized to execute Tax Abatement Agreements for a period of 10 years with Rise Properties LLC and with Cleanaire, LLC, dba Pamlico Air, for property at 2801 Production Boulevard, with such changes to form as are approved by the City Attorney. 2. City Staff shall provide copies of the proposed tax abatement agreements to the other taxing entities in accordance with Texas Tax Code § 312.2041. PASSED AND APPROVED this the 16th day of March, 2021. MAYOR ATTEST: City Clerk Page 2 of 24 Agenda Item No. 8.a STATE OF TEXAS § COUNTY OF WICHITA § TAX ABATEMENT AGREEMENT BETWEEN THE CITY OF WICHITA FALLS AND CLEANAIRE, LLC, DBA PAMLICO AIR, INC. This Tax Abatement Agreement (this "Agreement") is entered into by and between the City of Wichita Falls, Texas (the "City"), duly acting herein by and through its Mayor, and Cleanaire, LLC, dba Pamlico Air, Inc., a North Carolina corporation ("Owner"), authorized to do business in the State of Texas, acting by and through its duly authorized manager. Recitals WHEREAS, on January 21, 2020, the City Council of the City (the "City Council") adopted Resolution No. 5-2020 (the "Enabling Resolution") establishing certain guidelines and criteria for the designation of reinvestment zones and the entering into of tax abatement agreements pursuant to the Texas Property Redevelopment and Tax Abatement Act, as contained in Chapter 312 of the Local Taxation Title of the Tax Code of the State of Texas (the "Code"); and WHEREAS, the Enabling Resolution constitutes appropriate guidelines and criteria governing tax abatement agreements to be entered into by the City as contemplated by the Code; and WHEREAS, the Enabling Resolution included a statement by the City that it elects to be eligible to participate in tax abatement; and WHEREAS, on March 3, 2020, the City Council passed Ordinance No. 10-2020 (the"Ordinance")creating and designating the Pamlico Reinvestment Zone (the "Zone") in the City for commercial-industrial tax abatement as authorized by the Code, and the designation of the Zone remains in full force and effect; and WHEREAS, it is in the best interest of the City and its taxpayers, in order to maintain and enhance the commercial and industrial economic and employment base of the City, to enter into this Agreement in accordance with the Enabling Resolution, the Ordinance and the Code; and WHEREAS, the City Council finds that the contemplated use of the Premises (as hereinafter defined), the contemplated improvements to the Premises in the description and amount as set forth in this Agreement and the other terms hereof, are consistent with encouraging development of the Zone in accordance with the purposes for its creation and are in compliance with the Enabling Resolution, the Ordinance and all applicable law; and WHEREAS, a copy of this Agreement has been furnished in the manner prescribed by the Code to the presiding officers of the governing bodies of each of the taxing units in which the Premises to be subject to this Agreement are located. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That the City, for good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, which consideration includes the retention and/or expansion of primary employment and the attraction of major investment in the Zone, which contributes to the economic development of the City and the enhancement of the 4850-8849-7738v.2 Page 3 of 24 Agenda Item No. 8.a tax base in the City, and the Owner, for good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, which consideration includes the tax abatement set forth herein as authorized by the Code, as amended, do hereby contract, covenant and agree as follows: 1. General Provisions 1.1: Rise Properties, LLC, is the owner of the land and buildings described on Exhibit A, attached hereto and made a part hereof for all purposes (the "Premises"). Cleanaire, LLC, dba Pamlico Air, Inc. is leasing the property. 1.2: The Premises are located entirely within the city limits of the City and within the Zone. 1.3: The Premises are not in an improvement project financed by tax increment bonds. 1.4: This Agreement is entered into subject to the rights of the holders of outstanding bonds of the City. 1.5: The Premises are not owned or leased by any member of the City Council or by a member of any zoning or planning board or commission of the City or by any member of the governing body of any taxing unit joining in or adopting this Agreement. 2. Development 2.1: The Lessee will upgrade existing infrastructure and operate a manufacturing facility on the Premises. The Owner plans to make an investment in the facility of at least $2,500,000. As a result of this investment, the Owner anticipates creating approximately 200 new jobs at this facility. A more detailed description of the leasehold improvements, including the kind and number of the proposed personal property additions, all of which will be located on the Premises, is set forth in the attached Exhibit B, to which reference is here made for all purposes. Owner shall have the right to make alterations and/or substitutions to the project, and the equipment included therein, so long as the cost, scope and projected economic impact of the project is not substantially reduced. 3. Rate and Duration of Tax Abatement 3.1: (a) The period of tax abatement for the improvements pursuant to this Agreement shall commence on January 1, 2021 and shall continue for a period of 10 years thereafter. (b) Subject to the terms and conditions set forth in this Agreement, the business personal property and leasehold improvements located on the Premises shall be exempt from taxation by the City in accordance with this Section 3.1. (c) The increased value of the business personal property and leasehold improvements over the base year of 2020 will be exempt from ad valorem taxes during each year of the applicable tax abatement period pursuant to this Agreement as follows: Year Percentage of Increase 1 100% 2 90% 3 80% Page 4 of 24 Agenda Item No. 8.a 4 70% 5 60% 6 50% 7 40% 8 30% 9 20% 10 10% 3.2: Notwithstanding anything in this Agreement which might be deemed to be to the contrary, the Owner of the personal property shall have the right to protest and contest any appraisal or assessment of the Premises, or any improvements or tangible personal property or both located thereon, and the tax abatement provided for herein for such improvements and/or tangible personal property shall be applied to the amount of taxes finally determined, as a result of such protestor contest, to be due for such property. 4. Records and Cost 4.1: The kind, number and location of all proposed improvements are described in Section 2.1. Prior to April 1, 2021, Owner shall furnish to the City a certificate signed by a duly authorized representative of the Owner setting forth a general description and cost of the personal property and improvements added to the Premises, since the date of the commencement of the improvements. The Owner shall at all times reasonably cooperate with representatives of the City so as to enable such representatives to verify the addition of improvements to the Premises and the cost thereof. 4.2: At all times during the term of this Agreement, the City and/or the Wichita Appraisal District (the "Appraisal District") shall have access to the Premises by City or Appraisal District employees or other representatives for the purpose of inspecting the Premises to verify the addition of equipment and improvements as contemplated by this Agreement; provided, however, that the City or the Appraisal District, as applicable, shall notify the Owner at least 2 days in advance of any such inspection and such inspections shall not interfere with the business operations and/or safety policies of the Owner with respect to the Premises. 4.3: The Premises and the tangible personal property additions and improvements thereto shall at all times during the term of this Agreement be used as a manufacturing facility, subject to interruption due to casualty, repair, or renovation. 4.4: No later than February 28, 2021, Owner shall provide the City and the Appraisal District with an interim report setting forth the status of the improvements, including the description, historical cost of the improvements added to the Premises as of January 1, 2021, for which Owner is claiming tax abatement pursuant to this Agreement. By August 1, 2021, Owner shall provide the City with a final report setting forth the final description and historical cost of the tangible personal property and other improvements added to the Premises for which Owner is claiming tax abatement pursuant to this agreement. 4.5: Throughout the term of this Agreement, Owner shall furnish the City and the Appraisal District with such additional records and information as the City and/or the Appraisal District may reasonably request to support Owner's tax abatement. This information shall include, but is not necessarily limited to, information regarding improvements for which Owner has received tax abatement and which has been replaced or removed from the Premises. At a minimum, this information shall include a property description, an asset number (if applicable), and the date such property was removed or replaced. Page 5 of 24 Agenda Item No. 8.a 4.6: Throughout the term of this Agreement and for one year following the expiration or termination of this Agreement, the City and/or the Appraisal District shall have the right to review and audit at its expense the books and records of the Owner relating to the Premises and the improvements thereon. The City and/or the Appraisal District shall notify the Owner in advance in writing of its intent to review and/or audit such records in order to allow the Owner adequate time to make such books and records available on the Premises. 4.7: If applicable, the Owner of the business personal property shall provide the City and/or the Appraisal District with copies of each section of each personal property lease which contains the following information, if any, related to the improvements for which tax abatement is sought pursuant to this Agreement: (a) The beginning and termination dates of each lease; (b) The names and addresses of the parties to each lease and the name, address and telephone number of a contact person for each party; and, (c) The termination provisions of each lease. Copies of the foregoing information from the personal property leases shall be provided to the City and/or the Appraisal District upon written request. In the event that the information exists but is not contained in any particular lease, that information shall be provided with the applicable copies. This subsection is for the purpose of providing the City and/or the Appraisal District the means to enforce its tax collection and assessment duties, while respecting that each personal property lease may contain proprietary or confidential information, which, if made public, could expose secret patterns and procedures of the Owner to theft. To further the ends of both parties, the City and/or the Appraisal District may inspect, but may not copy, the lease documents upon reasonable notice at a place designated by the Owner in Wichita County, Texas. 4.8: On or before April 15 each year (or such extended date, if any, permitted by law), the Owner shall render the business personal property to the Appraisal District for ad valorem tax purposes in accordance with applicable law. 4.9: On or before April 15 each year, Owner shall certify to the governing body of the City that the Owner is in compliance with each applicable term of this Agreement. 4.10: In accordance with the requirements of Section 11.43 of the Texas Property Tax Code, in order to qualify for tax abatement pursuant to this Agreement, the Owner must apply for the applicable exemption prior to May 1 each year. The applicable exemption application form must be filed with the Chief Appraiser for the Appraisal District. 4.11: In the event that: (a) the improvements for which an abatement has been granted herein are not completed in accordance with this Agreement and the WFEDC Performance Agreement; or (b) Owner (and its affiliates) fails to create and maintain at least 250 new jobs at the Premises by December 31, 2021 (which jobs shall be maintained, subject to interruption due to casualty, repair, and/or renovation, so long as the equipment and improvements associated with such jobs as described on Exhibit B remains in place and operational); or (c) Owner allows its ad valorem taxes owed to the City to become delinquent and fails to timely and properly follow the legal procedures for protest and/or contest of such ad valorem taxes; or (d) Owner breaches any of the terms or conditions of this Agreement; or (e) Owner defaults in Owner's obligations pursuant to any agreements that the Owner has entered with the City of Wichita Falls or the Wichita Falls Economic Development Corporation, including the WFEDC Performance Agreement; or (f) Owner fails to timely pay any of its debts as they become due, then this Agreement shall be in default. In the event that Owner defaults in its performance of (a), (b), (c), (d), (e), and/or (f) above, then the City shall give Owner written notice of such Page 6 of 24 Agenda Item No. 8.a default, and if Owner has not cured such default within 30 days after receipt of said written notice, or if such default cannot be cured by the payment of money and cannot with due diligence be cured within a 90-day period owing to any cause beyond the control of Owner, this Agreement may be terminated by the City. As liquidated damages in the event of default, all taxes which otherwise would have been paid to the City without the benefit of abatement pursuant to this Agreement (together with interest charged at the statutory rate for delinquent taxes as determined by Section 33.01 of the Property Tax Code of the State of Texas, but without the addition of a penalty) shall be reinstated and shall become a debt to the City and shall be due, owing and paid by Owner to the City within 60 days of the termination of this Agreement as described above as a sole remedy of the City, subject to any and all lawful offsets, settlements, deductions or credits to which Owner may be entitled. The parties acknowledge that actual damages in the event of default and termination would be speculative and difficult to determine. 5. Sale, Assignment or Lease of Property 5.1: The tax abatement provided for herein shall vest in the Owner upon upgrades to real property and personal property additions and improvements described in Section 2.1, but, except as hereinafter provided, such tax abatement is not assignable to any new owner or lessee of all or any portion of the Premises without the prior written approval of the City, which approval will not be unreasonably withheld. Notwithstanding the foregoing, the tax abatement provided for herein shall be assignable without prior approval by the City: (i) to None, which has been pre-approved by the City, (ii) to any parent, affiliate, subsidiary or other entity in which the Owner has direct or indirect control, (iii) in connection with any sale of the Premises, or a portion thereof, which are then leased back (for a period at least equal to the remaining term of this Agreement) by the Owner or a parent, affiliate, subsidiary or other entity in which the Owner is in control, or (iv) in connection with the assignment of the WFEDC Performance Agreement, in accordance with the terms of the WFEDC Performance Agreement. For purposes of this Article 5, the term "control" means either: (i) the ownership of 50% or more of the beneficial or economic interest or voting power of the appropriate entity or (ii) the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of the controlled entity. Page 7 of 24 Agenda Item No. 8.a 6. Miscellaneous Provisions 6.1: All notices or other communications required or permitted by this Agreement shall be in writing and shall be deemed to be properly given when delivered personally to any of the hereinafter designated addressees or the named representatives thereof, or when mailed by prepaid certified mail, return receipt requested, addressed to such party at the respective addresses set forth below: If to the City: City Manager City of Wichita Falls P.O. Box 1431 Wichita Falls, TX 76307-1431 If to the Owner: Travis Stephenson, CEO Cleanaire/Pamlico 2801 Production Boulevard Wichita Falls, Texas 76302 6.2: This Agreement was authorized by an order of the City Council adopted at its meeting on March 16, 2021, authorizing the Mayor to execute this Agreement on behalf of the City. 6.3: This Agreement was entered into by the Owner acting through the duly authorized manager of the Owner. 6.4: In the event any section, subsection, paragraph, sentence, phrase or word herein is held invalid, illegal or unconstitutional, the balance of this Agreement shall stand, shall be enforceable and shall be read as if the parties intended at all times to delete said invalid section, subsection, paragraph, sentence, phrase or word. 6.5: Any party hereto may request an estoppel certificate from another party hereto so long as the certificate is requested in connection with a bona fide business purpose. The certificate shall include, but not necessarily be limited to, statements that this Agreement is in full force and effect without default if such is the case, or specifying any defaults if that is not the case, the remaining term of this Agreement, the levels of tax abatement then in effect, and such other matters reasonably requested by the parties to receive the certificate. The party being requested to provide the estoppel certificate shall be required to provide the estoppel certificate to the requesting party within fifteen (15) business days. 6.6: The Owner, as a party to this Agreement, shall be deemed a proper and necessary party in any litigation questioning or challenging the validity of this Agreement or any part hereof or any of the underlying ordinances, resolutions, or City Council actions authorizing the same, and the Owner shall be entitled to intervene in any such litigation. 6.7: After the Owner has satisfied the conditions set forth in this Agreement, the tax abatement provided for herein shall continue for the duration of this Agreement and shall not be lost through force majeure events such as acts of God, fire, tornado, earthquake or other events or circumstances beyond the Owner's reasonable control. 6.8: This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. Venue for any action pursuant to this Agreement shall be in a state district court in Wichita County, Texas. This Agreement is fully performable in Wichita County, Texas. Page 8 of 24 Agenda Item No. 8.a 6.9: An executed copy of this Agreement in recordable form shall be recorded in the Real Property Records of Wichita County, Texas. 6.10: Other taxing units in which the Premises are located may join in the execution of this Agreement by executing a signatory page acknowledging the joinder of such taxing unit and granting tax abatement by such taxing unit in accordance with the terms and conditions hereof; an executed and acknowledged copy of each such signatory page shall be attached to this Agreement. 6.11: This Agreement may be executed in multiple counterparts, none of which must be signed by all of the parties hereto, but all of which, taken together, shall constitute one and the same agreement. [Signature Pages to Follow] Page 9 of 24 Agenda Item No. 8.a CITY OF WICHITA FALLS By: Stephen Santellana, Mayor ATTEST: By: Marie Balthrop, City Clerk Approved as to Form: By: R. Kinley Hegglund, Jr., City Attorney PAMLICO AIR, INC., a North Carolina company By Travis Stephenson, CEO Page 10 of 24 Agenda Item No. 8.a EXHIBIT A Real Property Description Lot Two (2), Tract One (1), Unit Three (3) Expressway East Industrial District (a Replat of Expressway East Industrial District, Tract 1, Unit 3) an addition to the City of Wichita Falls, Wichita County, Texas, according to the Plat in Volume 28, Pages 1025-1026, Wichita County Plat Records. Page 11 of 24 Agenda Item No. 8.a EXHIBIT B ePAMLI C AIR- Fhrfrl MFoils,TX As al 12,11e20 I --Equipmaanl _.....J t3a1t Vern.k.4 I100103R11,141 pColl Amount I012f.021} F'4 aa7-1`r,'=Ilflln i Sii:.em5 1,1E!Wee Plea!er 3 '12 mace 3r1].024 Scathes...!+,..'said Egi,kpftwil Faelory Cal Sr%Dowil Sielr44 er!SRC 1 11E32) $ 2r re11.211 3120 s'020 SCIIPh,:.e..:r.,...AIM eghipmerd Td)YC*IA Fc.*N'lt EIFBCU23.:sNN a 11'2O4.4) $ 34 211353 3120.5121) Sa+lthei.:v....aril Equrpmend TOYOIA Fcrtk4.0t 8'-BES15U IE7Jd.1011115} S 28 96472 V202024 Scuehra:.'+.::.rrilep Equiipme,l TOYOTA.F aloft FIFBESIS&J tS141.1OA5.I S 28 6.tY2 44 4 202} Sc,xhr .:a...'°:9141 Equip'n+'l 5ciscer I fi 5 15.475113 504'2024 Stl:aelrr IF rad Out 11pa[rr litiOe rr 5 a 715 77 51107474. Scharff,' 08"Cold Glue Coatrr44ahries S 873577 5040711711. Scharff,' 35'Cold Gut.Coiner Mich ries S Si 3S77 5+7+2024 &harfrr 35'Ccii Glue Coats,Mach rim. S 8 725 77 94+2025 5 ha der 16-COM VIA.Colter WO nos 5 a 735 77 51024201 5ahaeFee 38-Cold Owe Gaiter malhi1$1 5 5 735 77 C41r2424 Canren ryg0o MC Fioce%net Lice!system $ G IMAM 5402420 Q.106OR.52,hslaILyark4 Pal cieter 5 52205.00 Soi+2020 CakR]pe Mrla!%Nark% Hand lime 5 2 SU A1I 8.4r2020 CSak Fbi r maw..iorks Hann!He S 2105A5 SMF2020 OiNrR.icr Undo Wu c 1.0.n.1 Far S 2.11010C atle21120 OAR:,ifn'Mt4 IWwhi FLAW in+ $ 2100A0 76.2021) JewellAuLarnaIw' MCA 5 1.250.$0 701112020 C+Yk R 3 Meta!%Varies 1'airtnrrittin.hear a9s0illite Beare? S rt MOM Orlf.0020 F'tra!ion 1 cahncaxsy 9Es!Cmp FTS 164hir4e/3 S aE9 873.00 7 27 r0023 Jewen Au!amahor Jewen Dien Madre S 539 203.71 W02020 Nlanhc Cor[oraSon CiSe Saapdr 3M 7p 3R(21 i Cd!61kr5 i lnree5 A E?.F(9'J1C 32747) 5 9 454/.00 F971711711. Ananhe Ccrpp.rarfen Cali Swaim 35170Ce3R(7.I raglan',"Woad lL PO f5NJa 177043} $ ci R54.00 5.1170747O Seaehaa t ktd calla!Fquiprfmtel I3-$..-032e.10'AY'm 5 m!'ers[A.' $ 2 577 00 F11171707U Sc.ah'rai!I1duclrla9 Ftmihrnlarll l3S-AR-03245"Ai.r Rio-ivsi51 $ MGM 80121262'4 Scaxheasl 17ustiial Equ ci no1 P5L-24-2434 Llyhi.u"y 56II yi l.'01 5 1.5313.00 0r2812020 PcOden.iri Machine en NTZ 5e i'Elderr Due Maehne.34" 5 13.2e00.e0 .0217 [per.deref MaahlneCo. NTZ,5''ildt r-ylue hlaaawl.3R}' S 13.740.011 9.1021124 Marti CarRxad"gn EA5I Y E1r a'v;t'K L-SEALE H $ 17 l'14.53 90102424 Allar4C C'xFxl,NNI EA5!SY EJY 12;U"K.-SEA'E H $ 12 91:.'53 901l24211 AtlanticCarpraeon EASTCY(7351 2'., .51-Rt;•KTl'-N*1EL S 11W8.53 901021120 AJMantcCarparahon EASTEYET35IPO SHRINK TUNNEL S 11.94.53 A'1e21211 <NO,Rdiia'SkirlWwh3 hinnl Line S 3.er)}-00 5(1e2024 OAR:,ijr WWI Wuits. H471111,tie $ 3.0000 91107474. talk Rdg*Waal LV'lref HAM rn $ 3.00000 90Il7470 t'Ira:inn T6ahnnlc ie t'yfi:ims. FTS kiladvne Toting E 12.100.88 801020I0 Oak.).E14i6lac FTS iiatlrirba Airing S 11.73442 901+2020 Dailey Elettis J1I1.14 Maohlne'Weil $ 11 793.43 10,,• 202G C.,*ilt dar Metal Wci ka 1'puma rAdt:kmhlr roe Amlcman;S1'rer 5 88 480.00 10.51124217 AJLlrlaecaapxaaon EF:TEY MINIM(4-SEALER.SIP ESA3i3i414ZC+76S41i 5 15 075.00 10.$12420 AJlanik Coop-xaxul A5TEY EILISCCGTK L-SE4LEA IS71.ESA]746K2h25G51 $ 15 57810 1G:5f'02G AJtanbcCcapranlon F_a,$T(YE"_512-ViSHRwiKTUMSIEL IN:€7181r52200555i $ 12A!6A4 IC.:.+2420 AJ4lrlk CaaF>I5 a1 EASTCY(73.512.V1 SHRI I K TL)FISIEL fSkJ'El-181252240544' 5 12 4!5.00 Ie11.12024 C.Aincy Ccnnhres+vx C:.`, n'.1:'!,?3.71e.rkllal'r'rJ Central c(13 C7 rS1:•UTYe347715i $ 111'0A Oil ICo5r7n7. C;1erley cEerirsr+Faw GSV tr.. I. s.:.,lic rkllnel®Clothed C&rvl_C145N"kire20779i31 $ 3 511004 1arx ioc AJ,Ianbc1:aapaeahorl voorr,tSM,.75t.8S iW*apptrrf25O%&CFII°Sman15C $ 11 'r3AG Lead-a Rarrp+ESB OM I70238,1.03201 1252025 Oak Ftdr Metal Vier s. ORI Mar it Shelf Sm Pka6lr 5 3 i44.09 18,21713212 OakKiipe Metal Wor(s ORIH old lore 5 3500.05 1[124.'2110 Q1k Reye WW1 Works ORIH and Lnr $ 3 UK.00 10 4.2p24 Q1icR855 WWI'AI oft um Hand Lne $ 3':110A0 10:'311f111¢12 Oak Pt4e Meta!Work' 1]Ie1H and Lne 5 35013..00 10?3W1112A CYak Ft,*Wa!'lorAS OM SIrrvual CJIri!Yii'i witting%rm S 9'44[91 lesa 242d Gricy Ccrnprpsra +]FNC5{1 COIAPRESSEDAIR 0RYER E13':SHi 1TJ313944) S 5 28540 IeaBi'244U Oak Rdgti Until MOO. 1)RIMar;aa!IInnrnflLamrnahnn Stand 341 $ 7 n1101NJ 112129.25212 Martin Carparaurx' 368 E1IX13A Csra Sra!nri5Na ?74L111 $ 61110011 IO.'3n.71i.11 Atlantic Caap.irum 31100f1n}.Cs:.a Sraklr 15Na 77.3471 $ 51!1001 1Cs'311.2Q213 AtlanticCo.rpxamn 3M80031.CageSralariSNia 2204) S 8a41386 1081121}20 NUnik Corporanix. Al0880A Case Sealerl5Ni 22051) S 8 a4800 1080i2120 Man G'cCeepxa;,o1' aM9444ACa'(15Seiler45N1a 22955) 5 504004 10125&2320 N41nhcCarp,;xama' aM9444ACali Sealer 15J1a22057a 5 50000 iC04,0024 AJ4lnticcw-xecil am80C54GseSealeriSliF 2068) 5 8AOCLOI) 110402421:1 AJ1lnlr4Lw-x64erl 9M590555,ease Sealer{Slit 215)1) 5 952'S..pl7 Page 12 of 24 Agenda Item No. 8.a EXHIBIT B 12/30/202D Quincy Compressor CAST 50-125PSI/Modulating Control CSI_C(2)(SN:UTY307290) $ 15,594.00 3/19/2020 DATCO 6"DATCO hot roll adhesive application machine S 3,750.00 3/27/2020 New London Engineering M200-30"-10'0"Standard Duty Belt Conveyor S 3,586.00 3/27/2020 New London Engineering M200-30"-10'0"Standard Duty Belt Conveyor S 3,586.00 3/27/2020 New London Engineering M203-30"'-20'0"Standard Duty Bell Conveyor S 4,689D0 $ 1,762,176.28 I Furniture&Fixtures Date Vendor MemolDescription Amount 5/3/2020 Wilson Office Supply Office Furniture-PTX S 54,942.29 $ 54,842.29 I Leasehold Improvements Date Vendor Memo/Description Amount 2/27/2020 Webfire Communications Texas Plant-Upfit S 33,310.14 3/9/2020 Webfire Communications Texas Plant-Upfit S 3,991.18 5/12/2020 Webfire Communications Texas Plant-Upfit S 1,007.27 6/9/2020 WEB FIRE COMMUNICATION Texas Plant-Upfit S 433.00 6/9/2020 WEB FIRE COMMUNICATION Texas Plant-Upfit S 38,834.02 6/17/2020 DAILEY ELECTRIC,INC Texas Plant-Upfit S 243.56 6/17/2020 DAILEY ELECTRIC,INC Texas Plant-Upfit S 569.40 6/172020 DAILEY ELECTRIC,INC Texas Plant-Upfit S 1,224.33 6/172020 DAILEY ELECTRIC,INC Texas Plant-Upfit S 9,125.64 7/27/2020 Ferguson Veresh Inc. Texas Plant-Upfit S 1,039.35 9/1/202C DAILEY ELECTRIC,INC Daily Electric/TNT Signs-Upfit S 19,376.41 12/30/2020 Lydick.-Hooks Roofing Co. Install roof drain retrofits on 10 roof drains 5 8,118.75 Building Improvements-Electrical work(Power for 12/30/2020 DAILEY ELECTRIC,INC equipment/parking lot) S 9,333.54 $ 126,606.59 $ 1,943,724.14 Total Page 13 of 24 Agenda Item No. 8.a STATE OF TEXAS § COUNTY OF WICHITA § REAL PROPERTY TAX ABATEMENT AGREEMENT BETWEEN THE CITY OF WICHITA FALLS AND RISE PROPERTIES, LLC This Tax Abatement Agreement (this "Agreement") is entered into by and between the City of Wichita Falls, Texas (the "City"), duly acting herein by and through its Mayor, and Rise Properties, LLC, a Texas corporation ("Owner"), authorized to do business in the State of Texas, acting by and through its duly authorized manager. Recitals WHEREAS, on January 21, 2020, the City Council of the City (the "City Council") adopted Resolution No. 5-2020 (the "Enabling Resolution") establishing certain guidelines and criteria for the designation of reinvestment zones and the entering into of tax abatement agreements pursuant to the Texas Property Redevelopment and Tax Abatement Act, as contained in Chapter 312 of the Local Taxation Title of the Tax Code of the State of Texas (the "Code"); and WHEREAS, the Enabling Resolution constitutes appropriate guidelines and criteria governing tax abatement agreements to be entered into by the City as contemplated by the Code; and WHEREAS, the Enabling Resolution included a statement by the City that it elects to be eligible to participate in tax abatement; and WHEREAS, on March 3, 2020, the City Council passed Ordinance No. 10-2020 (the "Ordinance")creating and designating the Pamlico Reinvestment Zone (the "Zone") in the City for commercial-industrial tax abatement as authorized by the Code, and the designation of the Zone remains in full force and effect; and WHEREAS, it is in the best interest of the City and its taxpayers, in order to maintain and enhance the commercial and industrial economic and employment base of the City, to enter into this Agreement in accordance with the Enabling Resolution, the Ordinance and the Code; and WHEREAS, the City Council finds that the contemplated use of the Premises (as hereinafter defined), the contemplated improvements to the Premises in the description and amount as set forth in this Agreement and the other terms hereof, are consistent with encouraging development of the Zone in accordance with the purposes for its creation and are in compliance with the Enabling Resolution, the Ordinance and all applicable law; and WHEREAS, a copy of this Agreement has been furnished in the manner prescribed by the Code to the presiding officers of the governing bodies of each of the taxing units in which the Premises to be subject to this Agreement are located. Page 14 of 24 Agenda Item No. 8.a 4850-8849-7738v.2 NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That the City, for good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, which consideration includes the retention and/or expansion of primary employment and the attraction of major investment in the Zone, which contributes to the economic development of the City and the enhancement of the tax base in the City, and the Owner, for good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, which consideration includes the tax abatement set forth herein as authorized by the Code, as amended, do hereby contract, covenant and agree as follows: 1. General Provisions 1.1: Rise Properties, LLC is the owner of the land and buildings described on Exhibit A, attached hereto and made a part hereof for all purposes (the "Premises"). 1.2: The Premises are located entirely within the city limits of the City and within the Zone. 1.3: The Premises are not in an improvement project financed by tax increment bonds. 1.4: This Agreement is entered into subject to the rights of the holders of outstanding bonds of the City. 1.5: The Premises are not owned or leased by any member of the City Council or by a member of any zoning or planning board or commission of the City or by any member of the governing body of any taxing unit joining in or adopting this Agreement. 2. Development 2.1: The Owner has leased the Premises to Cleanaire, LLC, dba Pamlico Air, Inc. Pamlico Air, Inc. will upgrade existing infrastructure and operate a manufacturing facility at Premises a cost of approximately $2,500,000. These improvements and upgrades are more specifically outlined in Exhibit B. As a result of this investment, approximately 200 new jobs will be created at this facility. 3. Rate and Duration of Tax Abatement 3.1: (a) The period of tax abatement for the improvements pursuant to this Agreement shall commence on January 1, 2021 and shall continue for a period of 10 years thereafter. (b) Subject to the terms and conditions set forth in this Agreement, the real property improvements located on the Premises shall be exempt from taxation by the City in accordance with this Section 3.1, provided, however, in accordance with Section 312.204(a) of the Code, the tax abatement set forth herein is subject to the following: (i) with respect to real property, the abatement shall only be applicable to the extent the value of the real property, including the improvements described herein, exceeds its value for the year in which this Agreement is executed. Page 15 of 24 Agenda Item No. 8.a (c) The increased value of the Premises over the base year of 2020 will be exempt from ad valorem taxes during each year of the applicable tax abatement period pursuant to this Agreement as follows: Year Percentage of Increase 1 100% 2 90% 3 80% 4 70% 5 60% 6 50% 7 40% 8 30% 9 20% 10 10% 3.2: Notwithstanding anything in this Agreement which might be deemed to be to the contrary, the Owner and/or the Lessee shall have the right to protest and contest any appraisal or assessment of the Premises, and the tax abatement provided for herein for such improvements shall be applied to the amount of taxes finally determined, as a result of such protest or contest, to be due for such property. 4. Records and Cost 4.1: The kind, number and location of all proposed improvements are described in Section 2.1. Prior to April 1, 2021, Owner shall furnish to the City a certificate signed by a duly authorized representative of the Owner setting forth a general description and cost of the personal property and improvements added to the Premises, since the date of the commencement of the improvements. The Owner shall at all times reasonably cooperate with representatives of the City so as to enable such representatives to verify the addition of improvements to the Premises and the cost thereof. 4.2: At all times during the term of this Agreement, the City and/or the Wichita Appraisal District (the "Appraisal District") shall have access to the Premises by City or Appraisal District employees or other representatives for the purpose of inspecting the Premises; provided, however, that the City or the Appraisal District, as applicable, shall notify the Owner at least 2 days in advance of any such inspection and such inspections shall not interfere with the business operations and/or safety policies of the Owner with respect to the Premises. 4.3: The Premises and improvements thereto shall at all times during the term of this Agreement be used as a manufacturing facility, subject to interruption due to casualty, repair, or renovation. 4.4: No later than February 28, 2021, Owner shall provide the City and the Appraisal District with an interim report setting forth the status of the improvements, including the description, historical cost of the improvements added to the Premises as of January 1, 2021, for which Owner is claiming tax abatement pursuant to this Agreement. By August 1, 2021, Owner shall provide the City with a final report setting Page 16 of 24 Agenda Item No. 8.a forth the final description, historical cost and current value of the improvements added to the Premises for which Owner is claiming tax abatement pursuant to this Agreement. 4.5: Throughout the term of this Agreement, Owner shall furnish the City and the Appraisal District with such additional records and information as the City and/or the Appraisal District may reasonably request to support Owner's tax abatement. This information shall include, but is not necessarily limited to, information regarding improvements for which Owner has received tax abatement and which has been replaced or removed from the Premises. At a minimum, this information shall include a property description, an asset number (if applicable), and the date such property was removed or replaced. 4.6: Throughout the term of this Agreement and for one year following the expiration or termination of this Agreement, the City and/or the Appraisal District shall have the right to review and audit at its expense the books and records of the Owner relating to the Premises and the improvements thereon. The City and/or the Appraisal District shall notify the Owner in advance in writing of its intent to review and/or audit such records in order to allow the Owner adequate time to make such books and records available on the Premises. 4.7: If applicable, the Owner shall provide the City and/or the Appraisal District with copies of each section of each personal property lease which contains the following information, if any, related to the improvements for which tax abatement is sought pursuant to this Agreement: (a) The beginning and termination dates of each lease; (b) The names and addresses of the parties to each lease and the name, address and telephone number of a contact person for each party; and, (c) The termination provisions of each lease. Copies of the foregoing information from the personal property leases shall be provided to the City and/or the Appraisal District upon written request. In the event that the information exists but is not contained in any particular lease, that information shall be provided with the applicable copies. This subsection is for the purpose of providing the City and/or the Appraisal District the means to enforce its tax collection and assessment duties, while respecting that each personal property lease may contain proprietary or confidential information, which, if made public, could expose secret patterns and procedures of the Owner to theft. To further the ends of both parties, the City and/or the Appraisal District may inspect, but may not copy, the lease documents upon reasonable notice at a place designated by the Owner in Wichita County, Texas. 4.8: On or before April 15 each year (or such extended date, if any, permitted by law), the Owner shall render the Premises to the Appraisal District for ad valorem tax purposes in accordance with applicable law. 4.9: On or before April 15 each year, Owner shall certify to the governing body of the City that the Owner is in compliance with each applicable term of this Agreement. 4.10: In accordance with the requirements of Section 11.43 of the Texas Property Tax Code, in order to qualify for tax abatement pursuant to this Agreement, the Owner must apply for the applicable exemption prior to May 1 each year. The applicable exemption application form must be filed with the Chief Appraiser for the Appraisal District. Page 17 of 24 Agenda Item No. 8.a 4.11: In the event that: (a) the improvements for which an abatement has been granted herein are not completed in accordance with this Agreement and the WFEDC Performance Agreement; or (b) Owner (and its affiliates) fails to create and maintain at least 250 new jobs at the Premises by December 31, 2021 (which jobs shall be maintained, subject to interruption due to casualty, repair, and/or renovation, so long as the equipment and improvements associated with such jobs remain in place and operational); or (c) Owner allows its ad valorem taxes owed to the City to become delinquent and fails to timely and properly follow the legal procedures for protest and/or contest of such ad valorem taxes; or (d) Owner breaches any of the terms or conditions of this Agreement; or (e) Owner defaults in Owner's obligations pursuant to any agreements that the Owner has entered with the City of Wichita Falls or the Wichita Falls Economic Development Corporation, including the WFEDC Performance Agreement; or (f) Owner fails to timely pay any of its debts as they become due, then this Agreement shall be in default. In the event that Owner defaults in its performance of (a), (b), (c), (d), (e), and/or (f) above, then the City shall give Owner written notice of such default, and if Owner has not cured such default within 30 days after receipt of said written notice, or if such default cannot be cured by the payment of money and cannot with due diligence be cured within a 90-day period owing to any cause beyond the control of Owner, this Agreement may be terminated by the City. As liquidated damages in the event of default, all taxes which otherwise would have been paid to the City without the benefit of abatement pursuant to this Agreement (together with interest charged at the statutory rate for delinquent taxes as determined by Section 33.01 of the Property Tax Code of the State of Texas, but without the addition of a penalty) shall be reinstated and shall become a debt to the City and shall be due, owing and paid by Owner to the City within 60 days of the termination of this Agreement as described above as a sole remedy of the City, subject to any and all lawful offsets, settlements, deductions or credits to which Owner may be entitled. The parties acknowledge that actual damages in the event of default and termination would be speculative and difficult to determine. 5. Sale, Assignment or Lease of Property 5.1: The tax abatement provided for herein shall vest in the Owner upon completion of the real property and personal property additions and improvements described in Section 2.1, but, except as hereinafter provided, such tax abatement is not assignable to any new owner or lessee of all or any portion of the Premises without the prior written approval of the City, which approval will not be unreasonably withheld. Notwithstanding the foregoing, the tax abatement provided for herein shall be assignable without prior approval by the City: (i) to None, which has been pre-approved by the City, (ii) to any parent, affiliate, subsidiary or other entity in which the Owner has direct or indirect control, (iii) in connection with any sale of the Premises, or a portion thereof, which are then leased back (for a period at least equal to the remaining term of this Agreement) by the Owner or a parent, affiliate, subsidiary or other entity in which the Owner is in control, or(iv) in connection with the assignment of the WFEDC Performance Agreement, in accordance with the terms of the WFEDC Performance Agreement. For purposes of this Article 5, the term "control" means either: (i) the ownership of 50% or more of the beneficial or economic interest or voting power of the appropriate entity or (ii) the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of the controlled entity. 6. Miscellaneous Provisions Page 18 of 24 Agenda Item No. 8.a 6.1: All notices or other communications required or permitted by this Agreement shall be in writing and shall be deemed to be properly given when delivered personally to any of the hereinafter designated addressees or the named representatives thereof, or when mailed by prepaid certified mail, return receipt requested, addressed to such party at the respective addresses set forth below: If to the City: City Manager City of Wichita Falls P.O. Box 1431 Wichita Falls, TX 76307-1431 If to the Owner: Corey Wright, Manager Rise Properties, LLC 507 Myrtle Keller, Texas 76248 6.2: This Agreement was authorized by an order of the City Council adopted at its meeting on March 16, 2021, authorizing the Mayor to execute this Agreement on behalf of the City. 6.3: This Agreement was entered into by the Owner acting through the duly authorized manager of the Owner. 6.4: In the event any section, subsection, paragraph, sentence, phrase or word herein is held invalid, illegal or unconstitutional, the balance of this Agreement shall stand, shall be enforceable and shall be read as if the parties intended at all times to delete said invalid section, subsection, paragraph, sentence, phrase or word. 6.5: Any party hereto may request an estoppel certificate from another party hereto so long as the certificate is requested in connection with a bona fide business purpose. The certificate shall include, but not necessarily be limited to, statements that this Agreement is in full force and effect without default if such is the case, or specifying any defaults if that is not the case, the remaining term of this Agreement, the levels of tax abatement then in effect, and such other matters reasonably requested by the parties to receive the certificate. The party being requested to provide the estoppel certificate shall be required to provide the estoppel certificate to the requesting party within fifteen (15) business days. 6.6: The Owner, as a party to this Agreement, shall be deemed a proper and necessary party in any litigation questioning or challenging the validity of this Agreement or any part hereof or any of the underlying ordinances, resolutions, or City Council actions authorizing the same, and the Owner shall be entitled to intervene in any such litigation. 6.7: After the Owner has satisfied the conditions set forth in this Agreement, the tax abatement provided for herein shall continue for the duration of this Agreement and shall not be lost through force majeure events such as acts of God, fire, tornado, earthquake or other events or circumstances beyond the Owner's reasonable control. 6.8: This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. Venue for any action pursuant to this Agreement shall be in Page 19 of 24 Agenda Item No. 8.a a state district court in Wichita County, Texas. This Agreement is fully performable in Wichita County, Texas. 6.9: An executed copy of this Agreement in recordable form shall be recorded in the Real Property Records of Wichita County, Texas. 6.10: Other taxing units in which the Premises are located may join in the execution of this Agreement by executing a signatory page acknowledging the joinder of such taxing unit and granting tax abatement by such taxing unit in accordance with the terms and conditions hereof; an executed and acknowledged copy of each such signatory page shall be attached to this Agreement. 6.11: This Agreement may be executed in multiple counterparts, none of which must be signed by all of the parties hereto, but all of which, taken together, shall constitute one and the same agreement. [Signature Pages to Follow] Page 20 of 24 Agenda Item No. 8.a CITY OF WICHITA FALLS By: Stephen Santellana, Mayor ATTEST: By: Marie Balthrop, City Clerk Approved as to Form: By: R. Kinley Hegglund, Jr., City Attorney RISE PROPERTIES, LLC, a Texas corporation By Corey Wright, Manager Page 21 of 24 Agenda Item No. 8.a EXHIBIT A Real Property Description Lot Two (2), Tract One (1), Unit Three (3) Expressway East Industrial District (a Replat of Expressway East Industrial District, Tract 1, Unit 3)an addition to the City of Wichita Falls, Wichita County, Texas, according to the Plat in Volume 28, Pages 1025-1026, Wichita County Plat Records. Page 22 of 24 Agenda Item No. 9.A. EXHIBIT B ePAMLI C AIR- Fhrfrl MFoils,TX As al 12,11e20 I --Equipmaanl _.....J t3a1t Vern.k.4 1100103RltferlpColl Amount I012f.021} F'4 aa7-1`r,'=Ilflln i Sii:.em5 1,1E!Wee Plea!er 3 '12 mace 3r1].020 Scathes...!+,..'said Egi,kpftwil Faelory Cal Sr%Dowil Sielr44 er!SRC 111E32) $ 2r re11.211 3120 s'1J20 SCIIPh,:.e..:r.,...AIM eghipmerd Td)YC*IA Fc.*N'lt EIFBCU23.:sNN a 11'2O4.4) $ 34 211353 3120.5121) Sa+lthei.:v....aril Equrpmend TOYOIA Fcrtk4.0t 8'-BES15U 11Jd.1011115} S 28 96472 V202024 Scuehra:.'+.::.rrilep Equiipme,l TOYOTA.F aloft FIFBESIS&J tS141.1O 5.I S 28 6.tY2 44 4 202} Sc,xhr .:a...'°:9141 Equip'n+'l 5ciscer I fi 5 15.475113 504'2024 Stl:aelrr IF rad Out 11pa[rr litiOe rr 5 a 715 77 51107474. Scharff,' 08"Cold Glue Coatrr44ahries S 873577 5040711711. Scharff,' 35'Cold Gut.Coiner Mich ries S Si 3S77 5+7+2024 &harfrr 35'Ccii Glue Coats,Mach rim. S 8 725 77 94+2025 5 ha der 16-COM VIA.Colter WO nos 5 a 735 77 51024201 5ahaeFee 38-Cold Owe Gaiter malhi1$1 5 5 735 77 C41r2424 Canren ryg0o MC Fioce%net Lice!system $ G IMAM 5402420 Q.106OR.52,hslaILyark4 Pal cieter 5 52205.00 5Ir2020 CakR]pe Mrla!%Nark% Hand lime 5 2 SU A1I 8.4r2020 CSak Fbi r maw..iorks Hann!He S 210100 SMF2020 OiNrR.icr Undo Wu c 1.0.n.1 Far S 2.11010C atle21124 OAR:,ifn'Mt4 IWwhi FLAW in+ $ 2100A0 76.2021) JewellAuLarnaIw' MCA 5 1.250.$0 701112020 C+Yk R 3 Meta!%Varies 1'airtnrrittin.hear a9s0illite Beare? S rt MOM Orlf.0020 F'tra!ion 1 cahncaxsy 9Es!Cmp FTS 164hir4e/3 S aE9 873.00 7 27 r0023 Jewen Au!amahor Jewen Dien Madre S 539 203.71 W02020 Nlanhc Cor[oraSon CiSe Saapdr 3M 7p 3R(21 i Cd!61kr5 i lnree5 A E?.F(9'J1C 32747) 5 9 454/.00 F971711711. Ananhe Ccrpp.rarfen Cali Swaim 35170Ce3R(7.I raglan',"inlaid lL PO f5NJa 177043} $ ci R54.00 5.1170747O Seaehaa t ktd calla!Fquiprfmtel I3-$..-032e.10'AY'm 5 m!'ers[A.' $ 2 577 00 F11171707U Sc.ah'rai!I1duclrla9 Ftmihrnlarll l3S-AR-03245"Ai.r Rio-ivsidl $ MGM 80121262'4 Scaxheasl 17ustiial Equ ci no1 P5L-24-2N34 Llyhi.u"y 56II yi l.'01 5 1.5313.00 Or2812022 PcOden.iri Machine en NTZ 5e PElderr Due Maehne.34" 5 13.2e00.00 8':13.0217 [per.deref MaahlneCo. NTZ,5 P'ilCe:r-glue?baawl.3R}' S 13.740.011 9.1021124 Marti CarRxad"gn EA5I Y E1r a'v;t'K L-SEALE H $ 17 l'14.53 90102424 Allar4C C'xFxl,NNI EA5!SY EJY 12;U"K.-SEA'E H $ 12 91:.'53 901l24211 AtlanticCarpraeon EASTCY(7351 2'., .51-Rt;•KTl'-N*1EL S 11W8.53 901021120 AJtantcCarparahon EASTEYET35IPO SHRINK TUNNEL S 11.94.53 A'1e21211 <NO,Rdiia'SkirlWwh3 hinnl Line S 3.er)}-00 5(112024 OAR:,ijr WWI Wuits. H471111,tie $ 3.00000 91107474. talk Rdg*Waal LV'lref HAM rn $ 3.00000 90Il7070 t'Ira:inn T6ahnnlc ie t'yfi:ims. FTS kiladvne Toting E 12.100.88 801020I0 Oak.).E14i6lac FTS iiatlrirba Airing S 11.73442 901+2020 Dailey Elettis J1I1.14 Maohlne'Weil $ 11 793.03 12 2022 C.,*ilt dar Metal Wci ka 1'puma rAdt:kmhlr roe Amlcman;S1'rer 5 88 443.00 10.51124217 AJLlrlaecaapxaaon EF:TEY MINIM(4-SEALER.SIP ESA3i3i414ZC+76S41i 5 15 075.00 10.$12420 AJlanik Coop-xaxul A5TEY EILISCe1TK L-SE4LEA IS71.ESA]746K2h25G51 $ 15 57810 125f'32} AJtanbcCcapranlon F_a,$T(YE"_512-ViSHRwiKTUMSIEL IN:€7181r52200555i $ 12A!6A4 IO..r2420 AJ4lrlkCaaF>I5a1 EASTCY(73`12V1SHRIIKTL)FISIELfSkJ'El-181252240584' 5 124'!5.00 IO,11.12024 C.AincyCcnnhres+vx C:.`, n'.1:'!,?3.Yc.rkllal'r'rJ Central c(13 C7rS1:•UTYe347715i $ 111'0AOil ICo5r7n7. C;1erley cEerirsr+Faw GSV tr.. I. s.:.,lic rkllnel0 Clothed Cl,Sl_C145N"kire24779i31 $ 3 511004 1arx ioc AJ,Ianbc1:aapaeahorl voorr,tSM,.75t.8S iW*apptrrf25O%&CFII°Sman15C $ 11 'r3AG Lead-a Rarrp+ESB OM I70238,1.03201 125n022 Oak Ftdr Metal Vier s. ORI Mar it Shelf Sm Pka6lr 5 3 i44.00 18,21713212 OakK4pe Metal Wor(s ORIH old lore 5 3500.00 1[124.'2110 Q1k Reye WW1 Works ORIH and Urn. $ 3 UK.00 10150.2124 Q1iiR85l WWI'AI oft um Hand Lrr $ 3':110A0 10:'311f111¢12 Oak Pt4e Metal Work' 1]Ie1H and Lee 5 35013..00 10?3W1112A CYak Ft,*Wa!'lorAS OM SIrrvual CJIri!Yii'i witting%rm S 9'44[91 lesa 202d Gricy Ccrnprow!car +]FNC5{1 COS'IPRESSEDAIR 0RYER E13':SHi 1TJ312944) S 5 28500 IeaBi'244U Oak Rdgti Until MOO. 1)RIMar;aa!IInnrnflLamrnahnn Stand 341 $ 7 MJ11011I! 18,'u0.252U Martin Carparaurx' 368E1IX13A Csra Sra!nri5Na ?74L111 $ 6111000 IO.'3n.71i.11 Atlantic Caap.irum 3110003}.Cif a Sraklr 15Na 77.3471 $ 51!1001 1Cs'311.2Q213 AtlanticCo.rpxamn 3M180001.CageSralariSNia 2204) S 8m131300 1081121}20 NUnik Corpora nix. 3M0000A Case Sealerl5Nl 22051) S 8 a4800 I08812120 Man GcCeepxaaa' aM9044MCa'(15Seiler45N1a 22955) 5 504000 10125&2020 N41nhc Carp,;xama' aM9040A Cali Sealer15r1r 22057) 5 504000 ir:04,0202o AJ4lnikCc4`xecil 3m80CIAGseSealeriStiF 22068) 5 8A5C'.00 110400520 AJ1lnlr4 Lw-x64erl 9M50055(5 ease Sealer{Slit 215 1) 5 0 OS..00 PAGE 23 OF 24 PAGES AGENDA ITEM NO. 9A EXHIBIT B 12/30/202D Quincy Compressor CAST 50-125PSI/Modulating Control CSI_C(2)(SN:UTY307290) $ 15,594.00 3/19/2020 DATCO 6"DATCO hot roll adhesive application machine S 3,750.00 3/27/2020 New London Engineering M200-30"-10'0"Standard Duty Belt Conveyor S 3,586.00 3/27/2020 New London Engineering M200-30"-10'0"Standard Duty Belt Conveyor S 3,586.00 3/27/2020 New London Engineering M203-30"'-20'0"Standard Duty Bell Conveyor S 4,689D0 $ 1,762,176.28 I Furniture&Fixtures Date Vendor MemolDescription Amount 5/3/2020 Wilson Office Supply Office Furniture-PTX S 54,942.29 $ 54,842.29 I Leasehold Improvements Date Vendor Memo/Description Amount 2/27/2020 Webfire Communications Texas Plant-Upfit S 33,310.14 3/9/2020 Webfire Communications Texas Plant-Upfit S 3,991.18 5/12/2020 Webfire Communications Texas Plant-Upfit S 1,007.27 6/9/2020 WEB FIRE COMMUNICATION Texas Plant-Upfit S 433.00 6/9/2020 WEB FIRE COMMUNICATION Texas Plant-Upfit S 38,834.02 6/17/2020 DAILEY ELECTRIC,INC Texas Plant-Upfit S 243.56 6/17/2020 DAILEY ELECTRIC,INC Texas Plant-Upfit S 569.40 6/172020 DAILEY ELECTRIC,INC Texas Plant-Upfit S 1,224.33 6/172020 DAILEY ELECTRIC,INC Texas Plant-Upfit S 9,125.64 7/27/2020 Ferguson Veresh Inc. Texas Plant-Upfit S 1,039.35 9/1/202C DAILEY ELECTRIC,INC Daily Electric/TNT Signs-Upfit S 19,376.41 12/30/2020 Lydick.-Hooks Roofing Co. Install roof drain retrofits on 10 roof drains 5 8,118.75 Building Improvements-Electrical work(Power for 12/30/2020 DAILEY ELECTRIC,INC equipment/parking lot) S 9,333.54 $ 126,606.59 $ 1,943,724.14 Total PAGE 24 OF 24 PAGES AGENDA ITEM NO. 9A CITY COUNCIL AGENDA March 16, 2021 ITEM/SUBJECT: Resolution authorizing continued participation with the Steering Committee of Cities served by Oncor; and authorizing the payment of six cents per capita to the Steering Committee to fund regulatory and legal proceedings and activities related to Oncor Electric Delivery Company, LLC. INITIATING DEPT: Legal STRATEGIC GOAL: Efficiently Deliver City Services STRATEGIC OBJECTIVE: Practice effective governance COMMENTARY: The City of Wichita Falls is a member of a 162-member city coalition known as the Steering Committee of Cities Served by Oncor (Steering Committee). The resolution approves the assessment of a six cent ($0.06) per capita fee to fund the activities of the Steering Committee. The Steering Committee undertakes activities on behalf of municipalities for which it needs funding support from its members. Municipalities have original jurisdiction over the electric distribution rates and services within the city. The Steering Committee has been in existence since the late 1980s. It took on a formal structure in the early 1990s. Empowered by city resolutions and funded by per capita assessments, the Steering Committee has been the primary public interest advocate before the Public Utility Commission, ERCOT, the courts, and the Legislature on electric utility regulation matters for over three decades. The Steering Committee is actively involved in rate cases, appeals, rulemakings, and legislative efforts impacting the rates charged by Oncor Electric Delivery Company, LLC within the City. Steering Committee representation is also strong at ERCOT. It is possible that additional efforts will be necessary on new issues that arise during the year, and it is important that the Steering Committee be able to fund its participation on behalf of its member cities. A per capita assessment has historically been used, and is a fair method for the members to bear the burdens associated with the benefits received from that membership. ® City Attorney ASSOCIATED INFORMATION: Resolution ® Budget Office Review ® City Attorney Review ®City Manager Approval PAGE 1 OF 3 PAGES AGENDA ITEM NO. 8.B Resolution No. Resolution authorizing continued participation with the Steering Committee of Cities served by Oncor; and authorizing the payment of six cents per capita to the Steering Committee to fund regulatory and legal proceedings and activities related to Oncor Electric Delivery Company, LLC WHEREAS, the City of Wichita Falls is a regulatory authority under the Public Utility Regulatory Act (PURA) and has exclusive original jurisdiction over the rates and services of Oncor Electric Delivery Company, LLC (Oncor) within the municipal boundaries of the city; and WHEREAS, the Steering Committee of Cities Served by Oncor (Steering Committee) has historically intervened in Oncor rate proceedings and electric utility related rulemakings to protect the interests of municipalities and electric customers residing within municipal boundaries; and WHEREAS, the Steering Committee is participating in Public Utility Commission dockets and projects, as well as court proceedings, and legislative activity, affecting transmission and distribution utility rates; and WHEREAS, the City is a member of the Steering Committee; and WHEREAS, the Steering Committee functions under the direction of an Executive Committee which sets an annual budget and directs interventions before state and federal agencies, courts and legislatures, subject to the right of any member to request and cause its party status to be withdrawn from such activities; and WHEREAS, the Steering Committee at its December 2020 meeting set a budget for 2021 that compels an assessment of six cents ($0.06) per capita; and WHEREAS, in order for the Steering Committee to continue its participation in these activities which affects the provision of electric utility service and the rates to be charged, it must assess its members for such costs. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: I. The City is authorized to continue its membership with the Steering Committee of Cities Served by Oncor to protect the interests of the City of Wichita Falls and protect the interests of the customers of Oncor Electric Delivery Company, LLC residing and conducting business within the City limits. PAGE 2 OF 3 PAGES AGENDA ITEM NO. 8.B II. The City is further authorized to pay its assessment to the Steering Committee of six cents ($0.06) per capita based on the population figures for the City shown in the latest TML Directory of City Officials. III. A copy of this Resolution and the assessment payment check made payable to "Steering Committee of Cities Served by Oncor"shall be sent to Brandi Stigler, Steering Committee of Cities Served by Oncor, c/o City Attorney's Office, Mail Stop 63-0300, 101 S. Mesquite St., Suite 300, Arlington, Texas 76010. PASSED AND APPROVED this the 16th day of March, 2021. M A Y OR ATTEST: City Clerk PAGE 3 OF 3 PAGES AGENDA ITEM NO. 8.B CITY COUNCIL AGENDA March 16, 2021 ITEM/SUBJECT: Resolution awarding bid and contract for the 2021 Water Budget Utility Improvements Project to Bowles Construction Co. in the amount of $1,415,632.00 and authorizing the City Manager to Execute pertinent documents. INITIATING DEPT: Public Works STRATEGIC GOAL: Provide Adequate Infrastructure STRATEGIC OBJECTIVE: Complete Public Improvements Projects COMMENTARY: On February 23, 2021, bids were opened for the 2021 Water Budget Utility Improvements Project. This project is generally described as the installation of new waterlines in various locations, various valve improvements, and associated work. The purpose of the project is to replace deteriorating cast iron and galvanized steel water mains, which have become a continual maintenance issue. The replacement of these lines will improve the water quality and reliability of the system in these areas and will allow fire protection to be installed in areas which previously had none. The budget for this project is $1,500,000. The bids received for this project including the Base Bid plus Additive Alternates No. 1 & No. 2 are as follows: COMPANY AMOUNT Bowles Construction Co. —Wichita Falls, TX $1,415,632.00 A & M Construction and Utilities, Inc. — Rowlett, TX $1,418,417.00 MH Civil Constructors, Inc. —Amarillo, TX $1,592,000.00 Construction of this project should require approximately 240 consecutive days to complete. Bowles Construction Co. has performed this work for the City in the past and therefore, staff recommends award of the contract to Bowles Construction Co. in the amount of $1,415,632.00, which includes the Base Bid and Additive Alternates No. 1 & No. 2 based on unit price quantities. ® Director, Public Works ASSOCIATED INFORMATION: Resolution , Bid Tab, Location Map ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 1 OF 7 PAGES AGENDA ITEM NO. 8.0 Resolution No. Resolution awarding bid and contract for the 2021 Water Budget Utility Improvements Project to Bowles Construction Co. in the amount of $1,415,632.00 and authorizing the City Manager to Execute pertinent documents WHEREAS, the City of Wichita Falls has advertised for bids for the 2021 Water Budget Utility Improvements Project; and, WHEREAS, it is found that the lowest responsible bidder is Bowles Construction Co. who made a unit price bid with an estimated total of$1 ,415,632.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The unit price bid for the 2021 Water Budget Utility Improvements Project is awarded to Bowles Construction Co., in an estimated total amount of$1 ,415,632.00, and the City Manager is authorized to execute a contract, in a form approved by the City Attorney, for the City with said Contractor for the construction of such project. PASSED AND APPROVED this the 16th day of March, 2021 . MAYOR ATTEST: City Clerk PAGE 2 OF 7 PAGES AGENDA ITEM NO. 8.0 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 u6 g .y m 2 m g .:i W ; N N rl W N W gg w 9 to xx ? C �'i 4 G �E � a Q F r r 0 w 2 © I., i!1 I., N ifa N to V. V.V. V.V. V}V. 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P vEN,lE E AVE F PEARL AVE " n _ AWE ti v Srl c JO f } OT HcWEGOR AVE Aro£ H I I 6 re AVE H vALSCH A'.£ °v£ I NEW WATER LINE REELER A'.£ AvE 4'4 r AEA E .. v£ k J — I . SHEET ' OF a PAGE 4 OF 7 PAGES AGENDA ITEM NO. 8.0 2021 WATER BUDGET IMPROVEMENT PROJECT CWF21-550-07 . INEW WALTER LINE ,, 1- m iSA ST I TULSA ST errK a _ I FLOOD ST _ _ NI d +f-++/•• a 6CNNER Sr • LAC F NCT TO SCALE u- +}, w — FIA1Li ST I K I m _11 " ' '' V 1r 1 1 in MAR1.�NI ST a W I '. JUARF? ST I I 2. i ca • • „}, # aaa. HFLLI-I ST ,...5,‘.5,M1 ddd 'I I I w I. WATER urt 'SULLIVAN - 14UPPhAEVE ST PARWCSE ST ' o ROSE ST >" I 11 I I III . 5.',.. J h7 PECAN ST _ .I I I Ff1KlTI I • ELM 5- a a c 175 sI a • S - • g. * {� < WALNUT ST • 1° E wi b < `'may Uy, *, V. „ _ _ - JALOM{k ST 0 st HEVe.EZA Sr s ' I , q' �� '" o�` Y •1 DALL AS Sr - f, 0 D&LAS ST I 6a : x 240' V L4E REPLNCEWENT F- Kell-. Sr s 1 I FT Vr0'RTH Sr_ e Qax Lr+21 — -. _ 0 r- V..40 p= wAC6 ST '� NEW WATER LINES II I LALW5TON S- a ' S4: E. n T x u .rS 3 6 . 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ELLIOTT ST 1�' VAL'�E PENT _ (ADDJALT /2) I II I SHEET A OF 4 PAGE 7 OF 7 PAGES AGENDA ITEM NO. 8.0 CITY COUNCIL AGENDA March 16, 2021 ITEM/SUBJECT: Resolution authorizing the City Manager to enter into a Crossing Surface Installation Agreement with Burlington Northern Santa Fe Railway Company for the upgrade of the 7th Street railroad crossing in the amount of $385,530.00. INITIATING DEPT: Public Works STRATEGIC GOAL: Provide Adequate Infrastructure STRATEGEIC OBJECTIVES: Complete signature public improvements COMMENTARY: In late 2020, staff began working with BNSF for the upgrade of the 7th Street crossing. The crossing has not been upgraded in years and has become extremely rough and difficult to cross. Traffic must proceed at an extremely slow speed to safely cross the 9 sets of railroad tracks. Staff worked with BNSF to find a solution to upgrade and improve the crossing. BNSF has an agreement for partnership with governmental entities requesting upgrades to crossings. The Crossing Surface Installation Agreement is attached for reference. This agreement is a 50/50 cost share between the City and BNSF for the replacement of 8 track crossings. The City's portion is $385,530.00. This funding is available in the annual street maintenance account. All planking work will be completed within BNSF right-of-way by their contractors. The work is planned to occur this Summer. The cost share is only for the concrete planking across each set of tracks. The City will coordinate the replacement of asphalt between the outer edges of the new concrete planking right after BNSF's work. Staff's plan is to negotiate a change order with the asphalt contractor as part of the 2021 Asphalt Street Rehab Project for this work. The cost of the asphalt paving will be solely the responsibility of the City. Staff recommends approval of the resolution. ® Director, Public Works ASSOCIATED INFORMATION: Resolution, Location Image, Crossing Installation Agreement ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 1 OF 8 PAGES AGENDA ITEM NO. 8.D Resolution No. Resolution authorizing the City Manager to enter into a Crossing Surface Installation Agreement with Burlington Northern Santa Fe Railway Company for the upgrade of the 7th Street railroad crossing in the amount of$385,530.00 WHEREAS, the City of Wichita Falls requested to partner with Burlington Northern Santa Fe Railway Company for the upgrade of the 7th Street railroad crossing; and WHEREAS, the agreement is a 50/50 cost sharing between the City of Wichita Falls and Burlington Northern Santa Fe Railway Company for an amount of$385,530.00 to be paid by the City of Wichita Falls. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is authorized to enter into a Crossing Surface Installation Agreement with Burlington Northern Santa Fe Railway Company for the upgrade of the 7th Street railroad crossing in the amount of$385,530.00. PASSED AND APPROVED this the 16th day of March, 2021 . MAYOR ATTEST: City Clerk PAGE 2 OF 8 PAGES AGENDA ITEM NO. 8.D Lookingeast across the 7th Street crossing .. • A ..µ ._ ■ . It a .. , r ,,,,,v, te PAGE 3 OF 8 PAGES AGENDA ITEM NO. 8.D CROSSING SURFACE LNSTALLATION AGREE\IE NT FORM D10& BNSF File N o.: BF10017835 !file Post 114.23 Line Segment 485 U.S.DOT Number 274983N Red River Valley Subdivision This Crossing Surface Installation.Agreement(hereinafter called this'Agreement— is entered into effective as of March 3,2021,by and between the CITY OF WICHITAFALLS,TEXAS(hereinafter calle±L "AGENCY') and BNSF Railway Company(hereinafter called "BNSF). WHEREAS,BNSF operates a freight transportation system by rail with operations throughout the United States and Canada; and WHEREAS_AGENCY desires to replace the existing concrete crossing surfaces at 1TH STREET with a new concrete crossing surfaces; NOW. 'THEREFORE, in consideration of the mutual covenants and agreements of the parties contained herein,the receipt and sufficiency of which is hereby acknowledged the parties agree as follows: 1. BNSF Work. The Company will install seven (7) new concrete crossing surfaces for a width of48 feet on the Irack Numbers 31045_ 3105, 3104, 3103, 3102, 3101, and 3199 and will install one (1)new concrete crossing surface for a width of 56 feet on Track Number 3121_ The new crossing surface will adequately cover all vehicular driving lanes at 7111 STREET. A crossing layout sheet showing the surface installations is attached to this Agreement and marked as Exhibit A. The Company will perform all necessary track upgrades to accommodate the new crossing surfaces. i_ Payment; Invoicing. Upon execution of this Agreement by both parties hereto, Company will order materials and upon completion of installing the new concrete crossing surface will send Agency an invoice detailing the total amount owed by Agenc"for the new(Tossing suffices.Agency agrees to pay Company fifty percent(50%) of the actual total cost for the new crossing surface. The railroad cost estimate is attached to this Agreement and marked as Exhibit B.Agency's estimated total cost for the new crossing surfaces at 7.19 STREET is three hundred eighty-five thousand five hundred thirty and No1100 Dollars (S385,530.00). 3. Maintenance of the Crossing Surface. After installation of the new crossing surface is completed BNSF will maintain,at its own cost and expense, the crossing surface, against normal wear and tear, in a satisfactory manner for the expected life of the crossing surface. Notwithstanding the preceding sentence, BNSF shall be entitled to receive any contribution toward the cost of such maintenance made available by reason of any existing or future laws, ordinances, regulations, orders, grants, or other means or sources. 4. Vehicular Traffic during Installation. The AGENCY shall provide, at its own cost and expense_ all necessary barricades_ lights or traffic control devices for detouring vehicular traffic at the ] Th STREET crossing during installation of the new crossing surfaces. PAGE 4 OF 8 PAGES AGENDA ITEM NO. 8.D 5. Drainage. The AGENCY agrees to allow BNSF to drain water from the 71H STREET crossing area into existing AGENCY storm sewers, if such storm sewers are av'i!Able. Drain pipes and filter fabric necessary-for such drainage will be furnished and installed by BNSF. 6_ Roadway Surfacing W-ark and Maintenance. The AGENCY agrees to provide,at its sole cost and expense_asphalt on both roadway approaches to the new crossing surfaces at 7111 STREET, including the areas bets}een the tracks.The roadway approaches must be constructed level with the top of rail of the finished crossing surface_The AGENCY will maintain at its own cost and expense,the roadway approaches up to and against the edge of concrete crossing panels on the track. 7. Term. This Agreement begins on the effective date set forth above and remains in effect until completion of all work contemplated in this Agreement and AGENCY'S payment of the amounts set forth in Section 2 above. [REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] [SIGNATURE PAGE TO FOLLOW] PAGE 5 OF 8 PAGES AGENDA ITEM NO. 8.D IN WITNESS WE:EREOF, the parties hereto have caused this Agreement to be executed and attested by its duly qualified and authorized officials as of the day and year first written above. AGENCY: City-of Wichita Falls,Texas By: Darron Leiker- Cit}y Manager All Invoices to be sent ta: City of Wichita Falls At Darron Led€er City Manager P.O. Box 1431 Wichita Falls, TX 76307 Office: 940-761-7404 Fax: 940-761-8833 Email: Darron.leiker: wi.chitafallstx.gov [REMAINDER OF THIS PAGE LEFT IIN 1d=l TTIONAILY BL.5LNK] (AGENCY Signature Page for 7th Street Croscing Surface Installation Agreement; PAGE 6 OF 8 PAGES AGENDA ITEM NO. 8.D RNSF Railway C:oinp nv: By: Craig Ra,minsea ..A.VP Engineering Service,,. & Strictures [PtiE,PrIA NDER OF THIS PAGE LEFI IN 1.LNTIONALLY BLA.ICK] (BNSF Signature Page for -b Street—Cros7Ung Surface Iu 5tallatiou Agreement) PAGE 7 OF 8 PAGES AGENDA ITEM NO. 8.D 0 ,k a' o 2 EXHIBIT F\H' \ r' I- E p z � a� o iii, .0 - im / . : 0,, '..1 '4. ..* ' 'In ''''''';',4 0/1,1111111:7 .44...4e .. ' • • . 411: r'Yor It .i' r' o. p' x - s I 4T! / . .0". \ s '.'.1 I 4::71 i I 1,114 1 ilit'" .::4'.. PAGE 8 OF 8 PAGES AGENDA ITEM NO. 8.D CITY COUNCIL AGENDA March 16, 2021 ITEM/SUBJECT: Appointments to Boards and Commissions INITIATING DEPT: City Clerk STRATEGIC GOAL: N/A STRATEGIC OBJECTIVE: N/A COMMENTARY: Due to scheduling conflicts, Dan Leslie, Planning and Zoning Commission Liaison to the Landmark Commission needs to be replaced, and there are four applicants for this position. Due to the same conflict, staff has requested that Mr. Leslie be moved from Place 7 on the Planning and Zoning Commission to Place 11, Alternate 2, and Michael Grassi be moved from Place 11 Alternate 2, to Place 7. The TIF #3 Board has had two vacancies with no applicants for quite some time. We received one application and staff recommends appointing Whitney McCullar to Place 2. **Appointments to Landmark, Planning and Zoning, and TIF #3 can all be discussed in executive session. ® City Clerk ASSOCIATED INFORMATION: Member Rosters ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 1 OF 4 PAGES AGENDA ITEM NO. 12. LANDMARK COMMISSION PLACE NAME APPOINTED EXPIRATION QUALIFICATIONS DISTRICT 1 Andy Lee 02/15/2011 12/31/2021 Licensed Real Estate 1 12/04/2012 Broker or Appraiser 12/01/2015 12/18/2018 2 Joel Hartmangruber 12/03/2019 12/31/2020 Architect in Training 1 12/15/2020 12/31/2023 3 Jane! Ponder Smith 12/03/2019 12/31/2022 Member of Residential 1 Historic District 4 John Dickinson 10/04/2016 12/31/2022 At-Large 4 12/03/2019 5 Vacant 12/31/2022 P&Z Commission Member 6 Marcela Trice 12/04/2018 12/31/2021 Licensed Architect 3 7 Christy Graham, Chair 12/01/2015 12/31/2021 At-Large 1 12/18/2018 8 Nadine McKown 09/17/2019 12/31/2021 Wichita County 3 Heritage Society 9 Michele Derr, Vice Chair 12/03/2013 12/31/2022 Member of 1 12/06/2016 Commercial Historic 12/03/2019 District PAGE 2 OF 4 PAGES AGENDA ITEM NO. 12. PLANNING AND ZONING COMMISSION PLACE NAME APPOINTED EXPIRATION QUALIFICATIONS DISTRICT 1 Jack Browne 12/01/2015 12/31/2020 5 07/19/2016 12/31/2022 12/06/2016 12/04/2018 12/15/2020 2 Blake Haney 12/06/2016 12/31/2021 3 11/07/2017 12/03/2019 3 Cayce Wendeborn 01/19/2016 12/31/2021 4 11/07/2017 12/03/2019 4 Anthony Inman 12/03/2013 12/31/2020 3 12/02/2014 12/31/2022 12/06/2016 12/04/2018 12/15/2020 5 Noros Martin 12/03/2019 12/31/2021 1 6 Jeremy Woodward 02/19/2019 12/31/2019 Moved from Alt 1 4 12/03/2019 12/31/2022 12/15/2020 12/15/2020 7 Dan Leslie 12/18/2018 12/31/2021 Move to Place 11 4 12/03/2019 term to expire 12/31/2022 8 Steve Lane 10/04/2016 12/31/2020 Moved from Alt. 4 12/15/2020 12/31/2022 02/19/2019 9 David (Carl)Cook 05/09/2018 12/31/2020 Moved from Alt. 4 12/15/2020 12/31/2022 12/18/2018 10 Wayne Pharries 12/15/2020 12/31/2021 Alternate 1 11 Michael Grassi 09/03/2019 12/31/2020 Alternate 2 4 12/15/2020 12/31/2022 Move to Place 7, term to expire 12/31/2021 12 Mark McBurnett 01/19/2016 12/31/2021 SAFB Ex Officio 1 11/07/2017 12/03/2019 PAGE 3 OF 4 PAGES AGENDA ITEM NO. 12. TAX INCREMENT FINANCING DISTRICT, REINVESTMENT ZONE #3 PLACE NAME APPOINTED EXPIRATION QUALIFICATIONS DISTRICT 1 Gail Natale 12/04/2012 12/31/2020 City of Wichita Falls 12/02/2014 12/31/2022 12/06/2016 12/04/2018 12/15/2020 2 Vacant 12/31/2019 City of Wichita Falls 3 Vacant 12/31/2019 City of Wichita Falls 4 Kenneth Haney, Chair 09/01/2009 12/31/2020 City of Wichita Falls 12/07/2010 12/31/2022 12/04/2012 12/02/2014 12/06/2016 12/04/2018 12/15/2020 I 5 Rick Orr 09/01/2009 12/31/2021 City of Wichita Falls 12/06/2011 12/03/2013 12/01/2015 11/07/2017 07/07/2020 6 Ronnie Williams 12/09/2019 12/31/2021 Wichita County 7 Commissioner Barry Mahler 05/31/2011 12/31/2022 Wichita County 12/17/2012 12/02/2014 12/27/2016 11/13/2018 12/07/2020 PAGE 4 OF 4 PAGES AGENDA ITEM NO. 12.