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Min 08/07/2012 419 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building August 7, 2012 Item 1 The City Council of the City of Wichita Falls, Texas met in regular session on the above date in the Council Chambers of the Memorial Auditorium Building at 8:30 o'clock a.m., with the following members present. Glenn Barham - Mayor Michael Smith - Mayor Pro Tern Dorothy Roberts-Burns - Councilors Annetta Pope - Brian Hooker - Tim Ingle - Mary Ward - Darron Leiker - City Manager Miles Risley - City Attorney Lydia Ozuna - City Clerk Mayor Barham called the meeting to order. Item 2a Mike Rucker, Pastor of Bible Baptist Church gave the invocation. Item 2b Mayor Barham led in the Pledge of Allegiance. Item 3a Mayor proclaimed August 6-10, 2012 as "Health Center Week" in Wichita Falls. A representative from the Community Healthcare Center accepted the proclamation. Item 3b Mayor recognized Mr. Steve Raby, Police Department Community Service Officer II, as Employee of the Month for August 2012. Mayor presented Mr. Raby with a plaque, a letter of appreciation, restaurant tickets, and a check. Item 4 Randy West, Atmos Energy, 5808 Ashlyanne Circle, informed that August 11 will be "National 811 Call Before Digging" day. This is the first national media effort to reach a wide public audience about calling 811 before digging on any project. Call 48 hours in advance for respond to your requests. This is a free service and very important for everyone's safety. Luke Halsel, 9426 FM 2606, stated this was another safety issue that needs to be addressed. It is too dangerous to have hunting on the grazing land at Lake Arrowhead because there are residences in the very near proximity of the hunting. He asked Council to reconsider Tracts 2 and 3 by not leasing this land and disallow hunting, or limit the hunters. Mayor informed that this has not come before Council and they will take his request under consideration. 420 Item 4 continued Claudio Ramirez, 2401 McNiel, requested that Vehicle for Hire Ordinance be reviewed and updated, in particular the chauffeur section. It has been two years since this has been reviewed and needs attention. Mayor commented that his concerns would be addressed at the upcoming taxi committee meeting. Marion Stade, 20132 FM 1954, Holliday, expressed appreciation for allowing her students to tour City offices. Great paths but have problems with fences constricting sides and difficult to pass walkers/bicycle riders. Regarding the library, she is a homeschool parent and are high users, she requested a branch library or a mobile library on the other side of town. Suggested that instead of creating an impound lot that magnetic signs be used designating whether a person has insurance is documented or not. Item 5 Minutes of the July 17, 2012 Council meeting were approved as distributed. Items 6a—6e City Manager gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Roberts-Burns that the Consent Agenda be approved. Motion seconded by Councilor Ward and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hooker, Ingle, and Ward Nays: None Items 6a-6e Minutes of the following boards and commissions were received. (a) Planning & Zoning Commission, June 13, 2012. (b) Civil Service Commission, February 7, 2012. (c) MPO Transportation Policy Committee, April 25, 2012. (d) MPO Transportation Policy Committee, June 4, 2012. (e) MPO Technical Advisory Committee, June 11, 2012. Item 7a A public hearing was held for the FY 2012 Transit Grant for Capital, Planning and Operating Assistance for the Wichita Falls Transit System. Mayor declared the public hearing open. John Burrus informed that this was the second public hearing required by the Federal Transit Administration. He noted that this is 2012 money and we are ready to wrap up 2012, however, that gives you some idea of how much money we accumulate through Federal Transit Administration as well as how efficient we are with those funds; we are still operating off 2011 funds. Secondly, it shows a local match of$77,808 but that is to program the whole amount. You have already done most of that with your investment of$500,000 in your last budget season for the Travel Center Project. We anticipate for the local match for operations to be below $26,000. He gave an update on the Travel Center Project, informing that they did not receive a bus livability grant. The second option is to borrow $1 million from 4A, 4B, or General Fund and pay that back over a three year period. We can use 100% of federal dollars to pay that off as opposed to the traditional 80/20. Mayor called for comments. There being none Mayor declared the public hearing closed. 421 Item 7b ORDINANCE NO. 34-2012 Ordinance Appropriating $1,337,496 In Federal Public Transportation Funds And $328,943 In State Public Transportation Funds For The FY 2012 Section 5307 Transit System And Authorizing The City Manager To Execute All Documents Necessary To Accept Said Funds Moved by Councilor Roberts-Burns that Ordinance No. 34-2012 be passed. Motion seconded by Councilor Smith and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hooker, Ingle, and Ward Nays: None Item 8a A Second and Final Public Hearing was held To Receive Public Comments Concerning the Proposed PY 2012 Action Plan Of The Consolidated Plan To Allocate Community Development Block Grant (CDBG) Funds In The Amount Of$1,085,104, HOME Investment Partnership Program (HOME) Funds In The Amount Of$346,257, And Re-allocate$150,000 In PY 2011 CDBG Funds Mayor declared the public hearing open. Kevin Hugman informed that annually the City receives funding for CDBG and HOME Funds, both of which are reductions from previous years. He provided the requirements to be able to receive funding and the process. He informed that several organizations have submitted applications which the Council Subcommittee reviewed and made recommendations. Mr. Hugman enumerated the Subcommittee's recommendations. This is the second and last public hearing for these funds. Mark Masman, Christmas in Action Chief Operations Officer, expressed appreciation to Council for everything they do in assisting their organization. Mayor called for additional comments. There being none Mayor declared the public hearing closed. Item 8b RESOLUTION NO. 66-2012 Resolution Approving The PY 2012 Action Plan Of The Consolidated Plan To Allocate PY 2012 Community Development Block Grant (CDBG) Funds In The Amount Of $1,085,104, HOME Investment Partnership Program (HOME) Funds In The Amount Of $346,257, And Re-allocate $150,000 In PY 2011 CDBG Funds Received As Entitlement Grants From The U.S. Department Of Housing And Urban Development (HUD) Moved by Councilor Roberts-Burns that Resolution No. 66-2012 be passed. Motion seconded by Councilor Ward and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hooker, Ingle, and Ward Nays: None Item 9a ORDINANCE NO. 35-2012 Ordinance Of The City Council Of The City Of Wichita Falls Authorizing The Wichita County-City Of Wichita Falls, Texas Hospital Board To Convey 10 Tracts Of Land To United Regional Health Care System, Inc. Pursuant To Previously Approved Transactions; Conditioned Upon Compliance With Applicable Texas Health & Safety Code Provisions 422 Item 9a continued Moved by Councilor Ingle that Ordinance No. 35-2012 be passed. Motion seconded by Councilor Pope and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hooker, Ingle, and Ward Nays: None Item 9b ORDINANCE NO. 36-2012 Ordinance Authorizing The City Manager To Execute All Documents Necessary To Apply For And Accept Up To $5 Million In Federal Aviation Administration Grants For The Construction Of Phase I Parking Lot And Entry Road Facilities At Wichita Falls Municipal Airport And Appropriating Said Funds To The FAA Airport Improvement Grant 2012 Fund. Moved by Councilor Ward that Ordinance No. 36-2012 be passed. Motion seconded by Councilor Smith and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hooker, Ingle, and Ward Nays: None City Council recessed at 9:15 a.m. and reconvened at 9:35 a.m. Item 9c ORDINANCE NO. 37-2012 Ordinance Authorizing The City Manager To Execute All Documents Necessary To Apply For And Accept Up To $50,000 In Texas Department Of Transportation Aviation Division Routine Airport Maintenance Program (RAMP) Funds For FY 2013 Projects At Municipal Airport And Appropriating Said Funds And The City's Match Of$50,000 Into The Special Revenue Fund Moved by Councilor Ingle that Ordinance No. 37-2012 be passed. Motion seconded by Councilor Smith and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hooker, Ingle, and Ward Nays: None Items 9d ORDINANCE NO. 38-2012 Ordinance Authorizing The City Manager To Execute All Documents Necessary To Apply For And Accept Up To $50,000 In Texas Department Of Transportation Aviation Division Routine Airport Maintenance Program (RAMP) Funds For FY 2013 Projects At Kickapoo Downtown Airport And Appropriating Said Funds And The City's Match Of$50,000 Into The Special Revenue Fund Moved by Councilor Roberts-Burns that Ordinance No. 38-2012 be passed. Motion seconded by Councilor Ward and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hooker, Ingle, and Ward Nays: None 423 Item 9e ORDINANCE NO. 39-2012 Ordinance Amending Table 6741 Of Appendix B, Zoning, Of The Code Of Ordinances Of The City Of Wichita Falls, To Modify Said Table And Add Note 10 Thereto To Allow An Institutional Sign Placed Within Residential And Limited Commercial Areas To Display A Message Using Electronic Light Impulses And Allow Up To Two Institutional Signs Per Street Frontage Moved by Councilor Roberts-Burns that Ordinance No. 39-2012 be passed. Motion seconded by Councilor Pope and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hooker, Ingle, and Ward Nays: None Mayor, on his behalf and citizen's behalf, thanked Marty Odom for all the work he did in taking care of a citizen's concern on Sheridan Street. Item 9f ORDINANCE NO. 40-2012 Ordinance Granting An Easement and Right-of-Way Across City Owned Property in Clay County Consisting of 30.441 Acres For The Oncor Riley-Krum West Electric Transmission Line Moved by Councilor Ingle that Ordinance No. 40-2012 be passed. Motion seconded by Councilor Pope and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hooker, Ingle, and Ward Nays: None Item 10a RESOLUTION NO. 67-2012 Resolution Awarding Bid For The Wichita River Flood Control Clearing Project, Phase II (CWF12-552-17) To Bowles Construction Company In An Estimated Total Amount Of$88,600 Moved by Councilor Roberts-Burns that Resolution No. 67-2012 be passed. Motion seconded by Councilor Ingle and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hooker, Ingle, and Ward Nays: None Item 10b RESOLUTION NO. 68-2012 Resolution Authorizing The City Manager To Execute Letters Of Agreement Between The Department Of The Army And The City Of Wichita Falls For The Lake Arrowhead And Lake Kickapoo Hydrographic Surveys Moved by Councilor Ward that Resolution No. 68-2012 be passed. 424 Item 10b continued Motion seconded by Councilor Ingle and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hooker, Ingle, and Ward Nays: None Item 10c RESOLUTION NO. 69-2012 Resolution Awarding the Bid For The Midwestern Parkway/Holliday Creek Bridge Repair Project (CWF12-100-18) To Gibson & Associates Inc. In An Estimated Amount Of$83,891 Moved by Councilor Roberts-Burns that Resolution No. 69-2012 be passed. Motion seconded by Councilor Pope and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hooker, Ingle, and Ward Nays: None Item 10d RESOLUTION NO. 70-2012 Resolution Supporting Applications To The Wichita Falls Economic Development Corporation and Wichita Falls 4B Sales Tax Corporation In The Amount Of$140,000 Annually Per Corporation For 20 Years, To Fund a Part of the Debt Service For Construction Of A New Municipal Airport Terminal Moved by Councilor Roberts-Burns that Resolution No. 70-2012 be passed. Motion seconded by Councilor Smith and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hooker, Ingle, and Ward Nays: None Item 10e RESOLUTION NO. 71-2012 Resolution Approving The Programs And Expenditures Of The Wichita Falls 4B Sales Tax Corporation Board Of Directors, To Include Wichita Falls Radio Control Club Aircraft Field Improvements In An Amount Up To $15,000. Moved by Councilor Pope that Resolution No. 71-2012 be passed. Motion seconded by Councilor Smith and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hooker, Ingle, and Ward Nays: None Item 10f RESOLUTION NO. 72-2012 Resolution Approving The Programs And Expenditures Of The Wichita Falls Economic Development Corporation (WFEDC) And Amending The Budget As Appropriate In The Total Amount Of$30,000 For Professional Services 425 Item 10f continued Moved by Councilor Roberts-Burns that Resolution No. 72-2012 be passed. Motion seconded by Councilor Ingle and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hooker, Ingle, and Ward Nays: None Item 10q RESOLUTION NO. 73-2012 Resolution Authorizing and Approving the Appointment of A Member to the Board of Directors of the Nortex Housing Finance Corporation for a five-year term to expire August 1, 2017 Moved by Councilor Roberts-Burns that Resolution No. 73-2012 be passed inserting the name of Michael Smith in the blank, reappointing him to the Nortex Housing Finance Corporation for a five year term to expire August 1, 2017. Motion seconded by Councilor Pope and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hooker, and Ward Nays: None Item 11 a There were no Staff reports. Item 11 b Council members brought up the following matters. Councilor Michael Smith: a) Continue to pursue water reuse. b) Letter to the TRN Editor contained false information. In the August 3 edition the writer wrote that we have added a new fee storm water fee; it is not new it has been there for years; in another letter it was written that water City bill receipts are used for the Water Park—that is a lie. He asked the newspaper to check these things out before printing; give us a break. Folks, contact the City about your concerns and they will be addressed or you will be given the answer. Give us a chance to answer your questions before you write TRN c) As we approach Stage 3 of the Drought Plan, we need to look at the City's investment on the trees; we need to have a plan as we enter Stage 3. d) He corrected a mistake he made regarding tax rate over the last 5-10 years. In 10 years we have had three tax rate increases for a total of$0.0 3.2 cents. Inflation at that time was 23%, and our tax rate increase in those ten years has been a 5.57% increase. This is an indication of how we have watched your taxpayer money. This is not a spend thrift organization; we want to run the City as effectively and as well as we can, but there comes a time when we do have to raise taxes. We cannot function if you hold the line forever; you have to invest in infrastructure, in the future. Sometimes prices go up and sometimes tax rates have to go up; we hold it to the bare minimum. e) Several activities coming up this month - Hotter'N Hell Hundred, Ranch Roundup. Councilor Timothy Ingle: a) Thanked senior staff for their thoughtful and well thought out plans and programs; has enjoyed the discussions. b) Reviewed the Polycom Corp economic strength report that TRN wrote about a week ago. Copy of his comments are on file in the Office of the City Clerk c) He will ask for support individually from Council members to place on the next Council agenda an item directing City staff to prepare a request for proposals to obtain consultant services for the development of a comprehensive economic development plan. 426 Item 11b continued Mayor Glenn Barham: a) Agreed with Councilor Smith that there are a lot of good activities coming up in our community, Knife Show this week, Ranch Roundup, Hotter'N Hell Hundred, and Falls Fest. Item 12 City Council went into Executive Session at 10:59 a.m. in accordance with Texas Government Code § 551.071, § 551.072, § 551.074 and § 551.087. City Council reconvened at 12:39 p.m. Mayor announced that no votes or polls were taken during Executive Session. Item 13 City Council adjourned at 12:40 p.m. PASSED AND APPROVED this 21s' day of August 2012. Glenn Barham, Mayor ATTEST: Lydia Ozuna, City Clerk City of Wichita Falls City Council Agenda Glenn Barham, Mayor Dorothy Roberts-Burns, At Large Michael Smith, Mayor Pro Tern Annetta Pope-Dotson, District 2 4 • •L �!� Brian Hooker, District 3 °mac Tim Ingle, District 4 T E X A S Mary Ward, District 5 B/u'Ski 7.*dew 0yferttWrles ' -- Damon Leiker, City Manager Miles Risley, City Attorney Lydia Ozuna, City Clerk Notice Of Regular Meeting Of The Mayor And City Council Of The City Of Wichita Falls, Texas, To Be Held In The City Council Chambers, Memorial Auditorium, 1300 Seventh Street, Tuesday, August 7, 2012 Beginning At 8:30 A.M. Item # Bill # 1. Call To Order 2. (a) Invocation: Mike Rucker, Pastor Bible Baptist Church (b) Pledge Of Allegiance 3. Presentations (a) Proclamation — Health Center Week— Community Healthcare Center (b) Employee of the Month — Steve Raby, Police Department 4. Comments From The Public To Members Of The City Council Concerning Items That Are Not On The City Council Agenda. People Wishing To Address The Council Should Sign Up Prior To The Meeting Commencing. A Five Minute Time Frame Will Be Adhered To For Those Addressing Their Concerns. 5. Approval Of Minutes Of The July 17, 2012 Regular Meeting Of The Mayor And City Council CONSENT AGENDA 6. Receive Minutes (a) Planning & Zoning Commission, June 13, 2012 (b) Civil Service Commission, February 7, 2012 (c) MPO Transportation Policy Committee, April 25, 2012 (d) MPO Transportation Policy Committee, June 4, 2012 (e) MPO Technical Advisory Committee, June 11, 2012 REGULAR AGENDA 7. (a) Public Hearing For The FY 2012 Transit Grant For Capital, Planning And Operating Assistance For The Wichita Falls Transit System (b) Ordinance Appropriating $1,337,496 In Federal Public #99 Transportation Funds And $328,943 In State Public Transportation Funds For The FY 2012 Section 5307 Transit System And Authorizing The City Manager To Execute All Documents Necessary To Accept Said Funds 8. (a) Second and Final Public Hearing To Receive Public Comments Concerning The Proposed PY 2012 Action Plan Of The Consolidated Plan To Allocate Community Development Block Grant (CDBG) Funds In The Amount Of $1,085,104, HOME Investment Partnership Program (HOME) Funds In The Amount Of $346,257, And Re-allocate $150,000 In PY 2011 CDBG Funds (b) Resolution Approving The PY 2012 Action Plan Of The #100 Consolidated Plan To Allocate Community Development Block Grant (CDBG) Funds In The Amount Of $1,085,104, HOME Investment Partnership Program (HOME) Funds In The Amount Of $346,257, And Re- allocate $150,000 In PY 2011 CDBG Funds 9. Ordinances (a) Ordinance Authorizing The Wichita County-City Of #101 Wichita Falls, Texas Hospital Board To Convey 10 Tracts Of Land To United Regional Health Care System, Inc. Pursuant To Previously Approved Transactions; Conditioned Upon Compliance With Applicable Texas Health & Safety Code Provisions (b) Ordinance Authorizing The City Manager To Execute All #102 Documents Necessary To Apply For And Accept Up To $5 Million In Federal Aviation Administration Grants For The Construction Of Phase I Parking Lot And Entry Road Facilities At Wichita Falls Municipal Airport And Appropriating Said Funds To The FAA Airport Improvement Grant 2012 Fund CITY COUNCIL AGENDA PAGE 2 OF 6 (c) Ordinance Authorizing The City Manager To Execute All #103 Documents Necessary to Apply for and Accept Up To $50,000 In Texas Department Of Transportation Aviation Division Routine Airport Maintenance Program (RAMP) Funds For FY 2013 Projects At Municipal Airport And Appropriating Said Funds And The City's Match Of $50,000 Into The Special Revenue Fund (d) Ordinance Authorizing The City Manager To Execute All #104 Documents Necessary To Apply For And Accept Up To $50,000 In Texas Department Of Transportation Aviation Division Routine Airport Maintenance Program (RAMP) Funds For FY 2013 Projects At Kickapoo Downtown Airport And Appropriating Said Funds And The City's Match Of$50,000 Into The Special Revenue Fund (e) Ordinance Amending Table 6741 of Appendix B, Zoning, #105 of the Code of Ordinances of the City of Wichita Falls, to modify said Table and add Note 10 thereto To Allow An Institutional Sign Placed Within Residential And Limited Commercial Areas To Display A Message Using Electronic Light Impulses And Allow Up To Two Institutional Signs Per Street Frontage (f) Ordinance Granting An Easement and Right-of-Way #106 Across City Owned Property in Clay County Consisting of 30.441 Acres For The Oncor Riley-Krum West Electric Transmission Line 10. Resolutions (a) Resolution Awarding Bid For The Wichita River Flood #107 Control Clearing Project, Phase II (CWF12-552-17) To Bowles Construction Company In An Estimated Total Amount Of$88,600 (b) Resolution Authorizing The City Manager To Execute #108 Letters Of Agreement Between The Department Of The Army And The City Of Wichita Falls For Both Lake Arrowhead And Lake Kickapoo Hydrographic Surveys at a total cost to the City of approximately $42,759 CITY COUNCIL AGENDA PAGE 3 OF 6 (c) Resolution Awarding The Bid For The Midwestern #109 Parkway/Holliday Creek Bridge Repair Project (CWF12- 100-18) To Gibson & Associates Inc. In An Estimated Amount Of$83,891 (d) Resolution Supporting Applications To The Wichita Falls #110 Economic Development Corporation and Wichita Falls 4B Sales Tax Corporation In The Amount Of $140,000 Annually Per Corporation For 20 Years, To Fund a Part of the Debt Service For Construction Of A New Municipal Airport Terminal (e) Resolution Approving The Programs And Expenditures #111 Of The Wichita Falls 4B Sales Tax Corporation Board Of Directors, To Include Wichita Falls Radio Control Club Aircraft Field Improvements In An Amount Up To $15,000 (f) Resolution Approving The Programs And Expenditures #112 Of The Wichita Falls Economic Development Corporation (WFEDC) And Amending The Budget As Appropriate In The Total Amount Of $30,000 For Professional Services (g) Resolution Authorizing and Approving the Appointment #113 of A Member to the Board of Directors of the Nortex Housing Finance Corporation for a five-year term to expire August 1, 2017 11. Other Council Matters (a) Staff Council Discussion (b) Discussion Of Items Of Concern To Members Of The City Council. 12. Executive Sessions: (a) Executive Session in accordance with Texas Government Code § 551.071, consultation with attorney on matter involving pending or contemplated litigation or other matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Texas Open Meetings Act (including, but not limited to, legal issues related to property adjacent to existing and planned water supply infrastructure, traffic engineering, and economic development projects). CITY COUNCIL AGENDA PAGE 4OF6 (b) Executive Session in accordance with Texas Government Code § 551.072, to deliberate the purchase, exchange, lease, or value of real property interests due to the fact that deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third party (including, but not limited to, the purchase, exchange, lease, or value of property interests in the vicinity of property adjacent to existing and planned water supply infrastructure). (c) 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 Nortex Housing Finance Corporation) (d) 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 issues update). 13. Adjourn Wheelchair or handicapped accessibility to the meeting is possible by using the handicapped parking spaces and ramp located off the east parking lot on the 6th Street entrance nearest the Council chambers. There are additional handicapped parking spaces and ramp on 7th Street at the main building entrance. Spanish language interpreters, deaf interpreters, Braille copies or any other special needs will be provided to any person requesting a special service with at least 24 hours notice. Please call the City Clerk's Office at 761-7409. Wireless Listening System devices are available at the City Manager's reception area or you may call 761-7404 for inquiries. Every item on this agenda shall be considered a public hearing. Regardless of the agenda heading under which any item is listed, any word or phrase of any item listed on this agenda shall be considered a subject for consideration for purposes of the Texas Open Meetings Act and other relevant law, and City Council may deliberate and vote upon any such subject and resolutions related thereto. Resolutions, ordinances, and other actions concerning any word, phrase, or other subject may be voted upon, regardless of any language of limitation found in this agenda or any document referring to such action. Any penal ordinance, development regulation or charter provision of the City of Wichita Falls or item which is funded by the current or next proposed City of Wichita Falls budget, including, without limitation, any street, water pipe, sewer, drainage structure, department, employee, contract or real property interest of the City of Wichita Falls, may be discussed and deliberated, and the subject is hereby defined as such without further notice. Any item on this agenda may be discussed in executive session if authorized by CITY COUNCIL AGENDA PAGE50F6 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. Inclusion of a specified item in an executive session notice on this agenda constitutes an opinion of the City Attorney that said item may be discussed in executive session. CERTIFICATION I certify that the above notice of meeting was posted on the bulletin board at Memorial Auditorium, Wichita Falls, Texas on the day of 2012 at o'clock (a.m.)(p.m.). City Clerk CITY COUNCIL AGENDA PAGE 6 OF 6