AGD 04/19/2022 City of Wichita Falls
City Council Agenda
Stephen Santellana, Mayor ,; r ��
\--nil
Bobby Whiteley, Mayor Pro Tem/At Large --% '"" ... r
�.- Michael Smith, District 1 ^+ z :n,
Larry Nelson, District 2 �' .AO v
//' Jeff Browning, District 3 4r A "V*t . °a
l�i�� �? f:ft6, Tim Brewer, District 4 ` °��, t�r �,u,
TEXAS Steve Jackson, District 5 'o ' :-:. ''
Pte,5A e.4OYderkOfportorem5 '••' , "It-
Darron Leiker, City Manager
Kinley Hegglund, City Attorney
Marie Balthrop, City Clerk
Notice Of Regular Meeting Of The Mayor And City Council Of The City Of Wichita
Falls, Texas, To Be Held In The City Council Chambers, Memorial Auditorium, 1300
Seventh Street, Tuesday, April 19, 2022, Beginning At 8:30 A.M.
This meeting can be accessed and viewed at the following locations:
1. A livestream will be shown on the Spectrum/Time Warner Cable Channel 1300
2. A livestream will be shown on the City's Facebook page (City of Wichita Falls,
Texas Government) (https://www.facebook.com/CitvofWF)
3. 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: Reverend Angus Thompson
New Jerusalem Baptist Church
(b) Pledge of Allegiance
3. Presentations
(a) Proclamation — Downtown Development Founder's Day, Downtown
Development
(b) Proclamation - Operation Fresh Start, New Jerusalem Baptist Church/
Angus Thompson
CONSENT AGENDA
4. Approval of minutes of the April 5, 2022, Regular Meeting of the Mayor and City
Council.
5. Receive Minutes
(a) Wichita Falls 4B Sales Tax Corporation, January 6, 2022
(b) Lake Wichita Revitalization Committee, March 8, 2022
REGULAR AGENDA
6. Ordinances
Ordinance Amending Chapter 14 — Animals In Its Entirety, and providing for
codification
7. Resolutions
(a) Resolution authorizing the City Manager to enter into a Lease Agreement
with North Texas Vision of Wichita Falls, Inc. (Downtown Wichita Falls
Development) for management and operation of the Farmers Market
(b) Resolution authorizing the City Manager to award the Supervisory Control
and Data Acquisition (SCADA) Control System Project for the water
treatment system to Prime Controls, LP in the amount of$905,000.00
(c) Resolution authorizing award of bid for the City's estimated annual
requirement of Curb & Gutter ready mix to Diamond M Concrete in the
amount of $42,300.00; and Class S, Class A, Class C-C ready mix and
Flowable Fill to Falls Redimix, LLC in the amount of$442,400.00
(d) Resolution authorizing the City Manager to apply for and accept a Federal
Transit Administration Section 5339 Buses and Bus Facilities Program
Grant for the purchase of three (3) 35-foot, low-floor transit buses in an
amount of$1,539,870
(e) Resolution authorizing the purchase of 6105E John Deere tractor with a
Tiger triple flail mower through the BuyBoard Purchasing Cooperative from
Bane Machinery in the amount of$166,300.00
(f) Resolution approving the programs and expenditures of the Wichita Falls
4B Sales Tax Corporation Board of Directors and amending the budget to
include funding up to $150,000 to the City of Wichita Falls to purchase
additional livestock panels for use at the J.S. Bridwell Ag Center
8. Other Council Matters
a. Staff Reports
• Strategic Plan Update — Paul Menzies
CITY COUNCIL AGENDA
PAGE 2 OF 4
• ARPA Grant Update — Jessica Williams
b. Announcements concerning items of community interest from members of
the City Council. No action will be taken or discussed.
9. 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.
10. 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
(b) 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.
11.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
CITY COUNCIL AGENDA
PAGE 3 OF 4
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 13th day of April, 2022 at 3:25 o'clock p.m.
4VaAA..A...i B�
City Clerk
CITY COUNCIL AGENDA
PAGE 4 OF 4
City of Wichita Falls f-.-_4,P ,
City Council Meeting !' L
...,._. Minutes
141/c4
�j6 April 5, 2022 J [ 1, I f�v�y�N\, 7d �
dsra3
TEXAS f *
$/i&Ski 4o/den,Oppajfiu 7ie5 ,L.
Item 1 - Call to Order
The City Council of the City of Wichita Falls, Texas met in regular session at 8:30 a.m. on
the above date in the Council Chambers at Memorial Auditorium with the following
members present.
Stephen Santellana - Mayor
Bobby Whiteley - Mayor Pro Tem/At-Large
Tim Brewer - Councilors
Jeff Browning -
Steve Jackson -
Larry Nelson -
Michael Smith -
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
Pastor Craig Lile, Faith Baptist Church, gave the invocation.
Item 2b — Pledge of Allegiance
Mayor Santellana led the Pledge of Allegiance.
Item 3a — Proclamation — City View High School Boys Basketball
Page 1 of 10
Agenda Item No.4.
8:33 a.m.
Mayor Santellana read a proclamation proclaiming April 5, 2022, as City View Boys
Basketball Team Day in Wichita Falls, and recognized and heartily congratulated City
View High School on their 2021-2022 basketball season.
Item 3b — Proclamation — Hirschi High School Boys Basketball
8:38 a.m.
Mayor Santellana read a proclamation proclaiming April 5, 2022, as Hirschi High Huskies
Boys Basketball Team Day for their tireless efforts and achievements at the 2022 State
Championships, and wished them success in their future endeavors.
Item 3c — Proclamation — Christ Academy Girls Basketball
8:43 a.m.
Mayor Santellana read a proclamation proclaiming April 5, 2022, as Christ Academy Lady
Warriors Basketball Day in Wichita Falls, and formally recognized the 2021-2022 Lady
Warriors for their historically successful season, and the great sportsmanship
demonstrated across the State on and off basketball courts.
Item 3d — Proclamation — Christ Academy Boys Basketball
8:47 a.m.
Mayor Santellana read a proclamation proclaiming April 5, 2022, as Christ Academy Boys
Basketball Team Day in Wichita Falls, as we are all extremely proud of all of the students
on the team, their hard work, determination and team work. Congratulations to all for an
amazing season.
Item 3e — Employee of the Month — Robert Gunville, Traffic Engineering
8:52 a.m.
John Burrus, Director of Aviation, Traffic, and Transportation, recognized Robert Gunville
as the Employee of the Month for April 2022. Mayor Santellana congratulated Mr. Gunville
and presented him with a plaque, letter of appreciation, dinner for two, and check, and
thanked him for his service.
CITY COUNCIL MINUTES
April 5,2022
Page 2
Page 2 of 10
Agenda Item No.4.
Item 3f— Proclamation — Lemonade Day, Texoma Community Credit Union
8:59 a.m.
Mayor Santellana read a proclamation proclaiming April 23, 2022, as Lemonade Day in
Wichita Falls and encouraged citizens to help our young entrepreneurs have successful
lemonade stands.
Item 3q — Proclamation — Child Abuse Prevention Month, Texas Child Abuse
Prevention Committee
9:02 a.m.
Mayor Santellana read a proclamation proclaiming April 2022 as Child Abuse Prevention
Month in Wichita Falls and urged all citizens to recognize this month by dedicating
ourselves to improving the quality of life for all children and families.
Item 3h — Proclamation — National Public Safety Telecommunicator Week, Wichita
Falls Dispatchers
9:05 a.m.
Mayor Santellana read a proclamation proclaiming April 10-16, 2022, as Public Safety
Telecommunicator Week in the City of Wichita Falls. This week we honor the dedicated
service our Telecommunicators bring to this community and for their key role in preserving
public safety during a challenging year.
Item 3i — Presentation — Process for Grants, Wichita Falls Alliance for Arts and
Culture, Ann Arnold-Ogden
9:09 a.m.
Ann Arnold-Ogden thanked Councilor Nelson and Councilor Jackson for attending the
Charlye O. Farris exhibit opening at the Martin Luther King Center, and thanked all of the
Council for attending various Arts and Culture events over the last couple of weeks. Ms.
Arnold-Ogden discussed the process for Arts and Culture grants which are funded by the
Hotel Occupancy Tax. Their goal is to support programs that grow audiences and get
more people involved in supporting the arts. Grants for program or operating funding are
open to Arts and Culture programs, require matching funds, and applications are due this
week. Grant applications will be reviewed by an independent panel, and the budget
request will be submitted to the City by May 20, 2022. All organizations that receive a
CITY COUNCIL MINUTES
April 5,2022
Page 3
Page 3 of 10
Agenda Item No.4.
grant must credit the City of Wichita Falls on all promotional materials. Ms. Arnold-Ogden
discussed the estimated economic impact these funds have on the City of Wichita Falls.
They project an economic impact of approximately $8.6 million, and approximately
$330,000 in revenues, taxes, and fees in arts and culture spending generated from the
$50,000 the City provides for these grants.
Item 3j — Presentation of Annual Comprehensive Financial Report by Edgin,
Parkman, Fleming, and Fleming, PC
9:16 a.m.
Paul Fleming with Edgin, Parkman, Fleming, & Fleming, P.C. reviewed the
Comprehensive Annual Financial Report for fiscal year 2021 and stated that the financial
reports were accurately stated and there were no findings.
Item 4-6 — Consent Items
9:19 a.m.
Darron Leiker, City Manager, gave a briefing on the items listed under the Consent
Agenda.
Moved by Councilor Browning to approve the consent agenda.
Motion seconded by Councilor Smith and carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and
Whiteley
Nays: None
Item 4 — Approval of minutes of the March 15, 2022, Regular Meeting of the Mayor
and City Council
Item 5 — Resolution 42-2022
Resolution authorizing the repair of two raw water pumps for the Lake Kemp Pump Station
at Headquarters Road through the BuyBoard Purchasing Cooperative to Smith Pump Co.
Inc., in the amount of $135,100.00.
Item 6 — Receive Minutes
(a) Construction Board of Adjustment, October 24, 2014
CITY COUNCIL MINUTES
April 5,2022
Page 4
Page 4 of 10
Agenda Item No.4.
(b) Library Advisory Board, September 9, 2021
(c) Construction Board of Adjustment, January 6, 2022
(d) Wichita Falls-Wichita County Public Health Board, January 14, 2022
(e) Planning and Zoning Commission, February 9, 2022
(f) Landmark Commission, February 22, 2022
Item 7 — Ordinance 11-2022
9:20 a.m.
Ordinance making an appropriation to the Special Revenue Fund in the amount of
$5,000.00 for reimbursement funding from the Treasury Executive Office for Asset
Forfeiture (TEOAF) Reimbursement Program administered by the Office of the Secret
Service Administration.
Moved by Councilor Brewer to approve Ordinance 11-2022.
Motion seconded by Councilor Browning and carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and
Whiteley
Nays: None
Item 8a — Resolution 43-2022
9:22 a.m.
Resolution authorizing the City Manager to award bid and contract for the Lake Wichita
Revitalization (Veterans Memorial Plaza) to Marrs Patriot Construction, LLC in the
amount of $456,099.50.
Moved by Councilor Brewer to approve Resolution 43-2022.
Motion seconded by Councilor Browning.
Russell Schreiber, Director of Public Works, discussed the project and noted that it will
be funded completely by private donations. David Coleman, Chairman of the Lake
Wichita Revitalization Committee, discussed the memorial bricks and opportunities to
purchase additional bricks.
Motion carried by the following vote.
CITY COUNCIL MINUTES
April 5,2022
Page 5
Page 5 of 10
Agenda Item No.4.
Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and
Whiteley
Nays: None
Item 8b — Resolution 44-2022
9:27 a.m.
Resolution naming the new Lake Wichita Veterans Plaza the "Harry Patterson Veterans
Memorial Plaza."
No action was taken on this item, and it was referred to the Lake Wichita Revitalization
Committee for further discussion.
Item 8c — Resolution 45-2022
9:28 a.m.
Resolution authorizing the sale of 0.71 acres located at 3920 Lawrence Road, also known
as Lot 3, Block 214-A, Highland Addition, Wichita Falls, Wichita County, Texas.
Moved by Councilor Brewer to approve Resolution 45-2022
Motion seconded by Councilor Smith and carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and
Whiteley
Nays: None
Item 8d — Resolution 46-2022
9:34 a.m.
Resolution to accept the written offer as presented for 14 Trustee parcels and authorizing
execution of the Quitclaim Deeds to convey titles to Ela Sonnamaker, James Grant,
Michael Todaro, Samuel Majano, and Ruben Arias. Wichita County Commissioners Court
and the WFISD Board have already approved the bids as required by law.
Moved by Councilor Browning to approve Resolution 46-2022
Motion seconded by Councilor Jackson and carried by the following vote:
CITY COUNCIL MINUTES
April 5, 2022
PAGE 6 OF 10
Page 6 of 10
Agenda Item No.4.
Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and
Whiteley
Nays: None
Item 8e — Resolution 47-2022
9:37 a.m.
Resolution authorizing the sale of excess city owned property consisting of 0.01 Acres
Located at 2004 Windthorst Road to Texoma's Gujarati Cultural Society Inc. in the
amount of $875.
Moved by Councilor Browning to approve Resolution 47-2022
Motion seconded by Councilor Smith and carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and
Whiteley
Nays: None
Item 8f— Resolution 48-2022
9:40 a.m.
Resolution authorizing the purchase of decorative signal poles for Downtown
intersections through the Houston-Galveston Area Council (H-GAC) Purchasing
Cooperative from Consolidated Traffic Controls Inc.in the amount of $255,481 .
Moved by Councilor Brewer to approve Resolution 48-2022
Motion seconded by Councilor Smith and carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and
Whiteley
Nays: None
Item 8q — Resolution 49-2022
9:49 a.m.
CITY COUNCIL MINUTES
April 5, 2022
PAGE 7 OF 10
Page 7 of 10
Agenda Item No.4.
Resolution authorizing the purchase of one (1) 35-foot low floor diesel bus for the Public
Transportation Division off the State of Washington Contract to Gillig LLC in the amount
of $513,290.
Moved by Councilor Browning to approve Resolution 49-2022
Motion seconded by Councilor Smith.
Mr. Burrus noted that the bus will be paid for with Federal Transit Administration grant
funds with no local match.
Motion carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and
Whiteley
Nays: None
Item 9 — Announcements concerning items of community interest from members
of the City Council. No action will be taken or discussed.
9:53 a.m.
Councilor Nelson discussed concerns with the loss of recreation activities, and the loss
of tournaments at the sports complex, which has caused a loss of concession stand
revenues and jobs. He discussed the need to look at converting two of the fields to turf
since ball fields are shut down during rainy seasons. He discussed a new polling location
at 201 Madison and the need for additional registered voters. Mr. Leiker stated that
installing turf on the fields will be discussed at the next Council meeting, and there was
brief discussion regarding that project and the need for funding.
Councilor Whiteley discussed concerns he has received regarding the scooters
downtown, and concerns with scooter safety. He is not opposed to scooters, but would
like to address the issues since there are additional companies applying to have scooters
downtown. He gave a shout out to the MPEC staff for the Red River Wine Festival and
for all of their hard work. The Art Walk returns this Thursday night and he encouraged
everyone to attend. Councilor Whiteley asked if a study could be conducted regarding
open cuts in streets for water and sewer line replacement, and suggested a program to
replace full blocks of line as opposed to making multiple open cuts. Mr. Schreiber
discussed how line replacements are prioritized.
Councilor Smith thanked everyone for attending, and stated that it was great to see the
four basketball teams representing our City. He agreed with Councilor Whiteley regarding
the scooters and discussed concerns that he has received regarding scooters being
CITY COUNCIL MINUTES
April 5, 2022
PAGE 8 OF 10
Page 8 of 10
Agenda Item No.4.
driven down the middle of Scott Street and on sidewalks, and encouraged everyone to
follow the rules. He congratulated Pat Hoffman regarding the sale of trustee properties
and the large reduction in the amount of City owned trustee properties.
Councilor Brewer expressed thanks for the opportunity to attend the Police Officer's
Awards Ceremony, the Blood Institute ribbon cutting, the Vietnam Veterans Memorial Day
service, Community Champions Day with Meals on Wheels, and the Save Jane event at
Patsy's House. Mayor Santellana commented on the Save Jane event and the number
of children abused in our region that were represented by pinwheels at the event.
Councilor Jackson discussed the tragedy of child abuse and expressed thanks for the
Save Jane event at Patsy's House to raise awareness. He expressed the need for stricter
laws and punishment for child abuse and the senselessness of the crime. He was also
thankful for being able to attend the Vietnam Veterans Memorial Day event, and the Meals
on Wheels event, and encouraged citizens to volunteer to serve Meals on Wheels. He
thanked Hirschi, City View, and Christ Academy's teams for attending today.
Mayor Santellana thanked Councilors for their participation at all of the events during the
week and Councilor Nelson for covering an event for him on Saturday. He congratulated
all of the basketball teams recognized today, and noted that they are student athletes and
work hard on and off the court. He recognized Lindsay Barker for the MPEC being full of
events all weekend, they did a fantastic job with all of the events, and he received several
compliments from citizens. He attended a couple of meetings at SAFB where they
discussed positive things happening and positive things to come in Wichita Falls. He
noted we knew there would be some growing pains with the scooters but he feels that we
can address the concerns and keep the scooters downtown. Mayor Santellana thanked
Jana Schmader for texting him a picture of the dilapidated window on Scott Street that
MSU students painted.
Item 10 — Comments from the Public to Members of the City Council Concerning
Items That Are Not on the City Council Agenda
10:15 a.m.
There were no comments from citizens.
Item 11 — Executive Sessions
10:15 p.m.
No executive session was held.
CITY COUNCIL MINUTES
April 5, 2022
PAGE 9 OF 10
Page 9 of 10
Agenda Item No.4.
Item 12 —Adjourn
Mayor Santellana adjourned the meeting at 10:16 a.m.
PASSED AND APPROVED this 19th day of April 2022.
Stephen Santellana, Mayor
ATTEST:
Marie Balthrop, TRMC, MMC
City Clerk
CITY COUNCIL MINUTES
April 5, 2022
PAGE 10 OF 10
Page 10 of 10
Agenda Item No.4.
MINUTES OF THE
WICHITA FALLS 4B SALES TAX CORPORATION (4BSTC)
January 6,2022
Present:
Tony Fidelie,President § Members
Glenn Barham,Vice President §
Rick Hatcher, Secretary-Treasurer §
Dave Clark §
Darron Leiker §
Mayor Stephen Santeliana § Mayor and Council
R. Kinley Hegglund, Jr., City Attorney § City Staff
Blake Jurecek,Assistant City Manager §
Paul Menzies,Assistant City Manager §
Terry Floyd, Dir of Community Development §
Paige Lessor,Recording Secretary §
Jana Schmader § D\'FD
Syd Litteken § Picker's Universe
Will Kelly § Petroleum Building Wichita Falls LLC
(The Kate)
Absent:
Nick Schreiber § 4B Member
Michael Mills § 4B Member
1. Call to Order.
Tony Fidelie called the meeting to order at 3:01 p.m.
2. Approval of Minutes of 11/4/2021.
Rick Hatcher moved to approve the minutes. Seconded by Glenn Barham,the motion carried 4-0.
3. Financial Report
Paul Menzies gave a quick update. Sales tax receipts are in for the first month of the year,and they
are up over 12%. The bottom line of 4B's financials is $5,000,000 in unreserved funds for new
projects. This amount does consider everything related to the MPEC Conference Center& Hotel
Project.
No questions were asked, and no other administrative items were addressed with the Board.
4. Public hearing regarding a funding request from Kirk Laney, dba Picker's Universe LLC,
to renovate the existing building at 1000 Indiana downtown into a mixed-use retail and
restaurant establishment.
Mr. Fidelie opened the public hearing at 3.03 p.m.
Mr.Barham left the room,and Mr.Hegglund noted that the quorum was to"st.Mr.Barham returned,
and Mr. Fidelie resumed the hearing at 3:04 p.m.
Mr.Menzies explained that this project was approved by the Board and Council in late 2019. Mr.
Menzies said that he received a request for an extension shortly after the Board's last meeting,and
there had been significant progress made since 2019 when the project was approved.However,the
WF4BSTC Minutes Page 1 of 6
01 06 2022
Page 1 of 7
Agenda Item No.5.a
project has been delayed due to COVID19 and supply chain issues. The initial extension request
was for six months, but 11,o, agreement has expired since the request. Technically, the Board will
be approving the extensions, but since the first agreement has expired, there must be a new
agreement.
Mr.Menzies presented a slideshow of photos exhibiting the building progress,stated that six more
months would be needed to complete the project, and read the Chief Building Official's update
The update noted that construction would continue for several more months— additionally, the
third-floor dining room and kitchen area are at the roughing stage. The historical window
replacement is still pending,and the dining room and rooftop deck platform's rear fire escape has
not started. The second-floor bar is also in the roughing stage, the first floor has progressed to
finish out, but no finishes have been installed. The owners and contractors have requested that a
portion of the first floor,where the water massage tables are located,be inspected and allowed to
be occupied.Building inspections have provided a path that will lead to the occupancy of the space
as requested.
Mr.Menzies is satisfied with the progress made. He explained that all permits and inspections are
in line.He requested that if the Board approved the extension,it would just continue the$133,000
performance agreement for another six months for the fire suppression system The new approval
would not impact the budget because this amount is already accounted for in the budget.
Mr.Fidelie closed the public hearing at 3:08 p.m.
Mr.Syd Litteken with Picker's Universe appeared after the public hearing for this item was closed,
so Mr. Fidelie resumed this public hearing at 3:40 p.m.
Mr. Litteken gave an update on the progress of the construction. The elevator has been installed,
and most of the upstairs restaurant is complete.The metal ceiling being made in Canada is one of
the most significant items that has not been delivered.They have ordered the outdoor deck material
for the outside portion of the restaurant.The flooring has been installed on the first floor, and the
door to the parking lot has been opened. Mr. Litteken went on to describe the establishment. The
mediating floor or "half-story" will have a wine bar and a small quiet space for people to discuss
business and a special meeting room.The entire top floor will be divided into three or four different
quadrants with sliding walls, making it a conference center. There will be a full restaurant with
different daily menus.In addition,there will be a private room with an eating facility where people
can come and plug in their computers to do their homework or work in a quiet location rather than
somewhere noisy. There will be two or three water massage tables and an 8-foot by 6-foot
aquarium.
Mr. Fidelie asked if the large dining room is intended to hold club meetings, such as the Rotary
Club,and Mr. Litteken confirmed that thought process. He explained that it would be like a"new.
Luby's"with an outside restaurant.Mr Fidelie then asked if there would be a rooftop bar,and Mr.
Litteken stated that there would be a rooftop bar and outside dining on the roof.Mr.Fidelie asked
if the Picker's Universe antique store would remain on the first floor, where people would walk
through it to get to the restaurant. Mr Litteken explained that it would stay that way for the time
being. Mr. Litteken thanked the Board for the time extension and said that Covid had been "a
killer" for them this year. Mr. Litteken described how much Downtown has grown since the
Farmers Market renovation several years ago. He listed some of the newer establishments that
have opened Downtown, including The Karat, the ax bar, Half Pint, and the wine bars. He
explained that Wichita Falls natives that have moved away now look forward to visiting home
because there are new and exciting things to do Downtown.
Mr.Leiker asked if a six-month extension would be enough time,and Mr.Litteken said yes,it sure
would.
WF4BSTC Minutes Page 2 of 6
01 06 2022
Page 2 of 7
Agenda Item No.5.a
Mr. Fidelie closed the public hearing at 3:48 p.m.
5. Public hearing regarding a funding request from Will Kelty dba Petroleum Building Wichita
Falls LLC to assist in fire suppression system upgrades as part of the proposed renovations
at the existing building at 726 Scott Ave.downtown and consider the use of the Corporation-
owned Lindemann Parking Garage at 714 Indiana Ave,downtown.
Mr. Fidelie opened the public hearing at 3:08 p.m.
Mr. Menzies reintroduced Mr. Kelty to the Board and described Mr. Kelty's request to the Board.
Mr.Kelty's proposal includes renovating floors two through five and then floors six through ten in
two phases turning these floors into 160 to 170 residential apartment units. To support this $14
million project,Mr. Kelty has requested funding in the amount of$1,900,000 to upgrade the fire
suppression system in the building. Mr. Menzies explained that there were three prongs to Mr.
Kelty's request.The three prongs were the$i.000,000 assistance with the fire suppression system,
the total or partial use of the parking spaces in the Lindemann Parking Garage,and city and county
tax abatements Mr.Menzies reviewed with the Board that,at their direction, he worked with Mr.
Kelty and the City to clarify some things in regards to the tax abatement. Mr. Menzies explained
that he had had multiple conversations with Mr. Kelty and his financing team over the last couple
of months. They both understand the City's and County's perspectives on how the tax abatement
agreement would work. The City Council is scheduled to start the tax abatement process in a
couple of weeks. Mr. Menzies explained again that Mr. Kelty is before the Board to request
funding for the fire suppression system and the parking garage.
Mr.Fidelie asked Mr.Menzies and Mr.Kelty about the structure of the tax abatement agreement.
Mr. Menzies asked Mr. Hegglund to clarify the structure of the agreement. Mr. Hegglund
explained that the agreement would be the standard stairstep over ten years.
Mr. Kelty stated his name and address to make some additional comments to the Board. The
request has not changed since November.He reviewed with the Board that this project is a historic
tax credit project that involves many different players. All parties are still on board. Commerce
Bank will be the state tax credit purchaser,PNC Bank will be the federal tax credit purchaser,and
TransPecos Bank will lead a separate bridge and construction loan. Additionally, Mr. Kelty said
he has been working with the financial institutions and Kennedy Sutherland Law Firm to pull
everything together.
Mr.Kelty went on to give an update on the process. He stated that the appraisals are complete and
accepted by all entities,they have asked for an independent company to do the construction draws,
and they've already opened escrow. This means that they are waiting for the Board's decision. In
anticipation of the Board's decision, he explained he had people in the building cleaning out, \
getting rid of junk, and he has had a plumber trying to restore the plumbing work on the lower
floors. He has also had an elevator repairperson trying to modernize one of the elevators. He
explained that his goal is to complete the lower floors within the first 12 months and finish the
total project by 20 months.
Mr.Fidelie asked if Mr.Kelty's idea was to construct student housing still and collaborate with the
university. Mr. Kelty said yes, and after follow-up conversations with the university, he believes
the student enrollment will have increased by the time the lower floors are complete,making it an
appropriate time to open.
Mr. Fidelie asked for Mr. Kelty's thoughts on the time frame to complete the project. He asked if
24 months was still the magic number. Mr. Kelty stated his goal is to have the lower floors
complete in 10 months and the entire project finished in 18 months, but the historic tax credits
allow you to pick a period of 24 months. The project must be complete within 24 months of when
the funding is in place.
WF4BSTC Minutes Page 3 of 6
01 06 2022
Page 3 of 7
Agenda Item No.5.a
Mr. Fidelie asked one more question as to whether Mr. Kelty had any conversations with the
county judge or commissioners,or their staff about an abatement agreement.Mr.Kelly explained
that he spoke with county officials who explained that if the City adopted the agreement, the )
County would follow suit. Mr. Fidelie then asked Mr. Leiker if that was historically the pattern.
Mr. Leiker said that he did not recall a situation in which the County denied an abatement that a
company had asked to minor the City's. Mr. Leiker stated that the County has a formal tax
abatement policy and advised Mr. Kelty to check the policy.
Mr Menzies spoke up to explain the process. If the Board approves the project,the funding must
then be ratified by the City Council, and then the Council would initiate the tax abatement,which
is a four to six-week process.Therefore,when the Council considers the tax abatement,they would
also consider ratifying this piece of the project.
Mr.Hatcher asked Mr.Kelty if he had any backup plan if the Board or City did not approve 100%
of what he was asking. He wondered if there was any way to make the financing work if the tax
abatement or funding were not 100%. Mr. Kelty explained that there had been some unforeseen
challenges that he was able to work out with the bank, but it involved him bringing more money
to the table. He explained that it all comes down to,the project's viability, and it would not be
happening without the historic tax credits. He said that it is incredibly challenging to make the
project happen without the concessions that he is asking of the Board and City. He explained that
he tried many different ways to make it happen,including conventional financing,and the creditors
got cold feet.They did not want to be in this market. He explained,that he has adapted in the past
but feels like this is the end of the line.
Mr.Barham asked if the$1,000,000 loan for the fire suppression system was for the entire building
or just for the first construction phase. Mr. Kelty explained that it would need to be for the whole
building, but his goal is to have the suppression system on the lower levels in place first to get a
certificate of occupancy on those levels to start renting space. Mr.Kelty explained that the project
includes the complete fire suppression system and the booster pump replacement.
Dave Clark entered the meeting at 3:27 p.m.
Mr. Fidelie asked Mr. Kelty to talk about the many successes he has had Downtown. Mr. Kelty
explained that his background is in finding distressed properties, typically apartment complexes,
throughout Texas and restoring them. He described a project he completed in Houston,a 542 unit
building on 27 acres that was restored and had up to 95%occupancy within 18 months. Then he
spoke about a 242 unit building that he restored in Houston. He discussed his work on the Big
Blue building in Wichita Falls. He then discussed the City Center project located where the Eight
Street Coffee House was previously located. He turned the upper floor vacant offices into loft
apartments,typically 100%occupied.These projects have been quite successful in bringing people
downtown. He discussed how the Wichita Falls Brewing Company started. The first night he
visited Wichita Falls, he went into Iron Horse Pub and asked for a local beer.They told him there
was no local beer in Wichita Falls He met with a person on Craigslist who sold brewing
equipment, and then he connected with Matt, who is now the brewer of Wichita Falls Brewing
Company. Mr. Kelly bought the building that is now the brewing company to have the brewer
move into it.Now they make great beer, and they were voted best interior commercial design in
all of Texas in a recent publication. Mr. Fidelie talked about the successes and explained that Mr.
Kelly had brought many things to Downtown. Mr. Menzies mentioned the significant progress at
713 Indiana
Mr. Hegglund asked Mr. Kelty to explain how bringing people downtown will help expand
business opportunities in the downtown area. He explained that he thinks what drives people to
come to an area is whether they have a thriving downtown. He explained that he met with a
WF4BSTC Minutes Page 4 of 6
01.06 2022
Page 4 of 7
Agenda Item No.5.a
software developer choosing to open a business in either Wichita Falls or Amarillo.He ultimately
did not select Wichita Falls because its Downtown was not thriving. He also explained that he
plans to continue reaching out to MSU to collaborate on how to keep MSU students here once they
have graduated.His idea is to foster growth and community alongside the university and give MSU
graduates a career path locally. He believes bringing students, and more people Downtown will
help create a more vibrant downtown,attracting more businesses Downtown.
Mr. Fidelie closed the public hearing at 3:40 p.m.
6. Executive Session.
Mr. Fidelie adjourned the meeting into executive session at 3:48 p.m. pursuant to Texas
Government Code section 551.087. He announced the meeting back into regular session at 4:19
p.m.The subjects posted in the Notice of Meeting were deliberated,and no votes or further action
were taken on these items in executive session.
7., Consider a funding request from Kirk Laney, dba Picker's Universe LLC, to renovate the
existing building at 1000 Indiana downtown into a mixed-use retail and restaurant.
establishment.
Mr. Leiker motioned to approve the funding request from Kirk Laney dba Picker's Universe LLC,
to renovate the existing building at 1000 Indiana downtown into a mixed-use retail and restaurant
establishment under the same terms as the prior agreement approved by this Board with an
expiration period of six months. Seconded by Mr. Clark,the motion carried 5-0.
8. Consider a funding request from Will Kelty dba Petroleum Building Wichita Falls LLC to
assist in fire suppression system upgrades as part of the proposed renovations at the existing
building at 726 Scott Ave. downtown and consider the use of the Corporation-owned
Lindemann Parking Garage at 714 Indiana Ave,downtown.
Mr.Hegglund asked that if the Board decides to go forward,they adopt the following finding: 726
Scott Avenue, also known as The Petroleum Building, is located in the core area of Downtown
Wichita Falls, and that the redevelopment of Downtown and specifically this project is likely to
promote or develop new or expanded business enterprises in the City, Downtown and the City as
a whole.
Mr. Fidelie motioned to, first, adopt the finding Mr. Hegglund read into the record, and second,
that the Board approve funding of up to S1,017,192 for fire suppression system upgrades. Subject
to the following:
• The first stipulation is that 60% of those funds will be released when floors two through
five are complete,and the Certificate of Occupancy(CO) is issued.
• Second,the remaining 40%of those funds will be released when floors six through ten are
complete,.a CO is issued.and the floors are comprised of at least 150 apartment units.
Once the aforementioned projects are complete. and COs are issued prior to April 1, 2024, the
WF4BSTC will convey what is known as the Lindemann Parkin°Garage, located at 714 Indiana,
to Mr.Kelty, or a corporation owned by him, with the following stipulations:
• First, if Mr. Kelty, or his corporation. sells the garage. WF4BSTC will have the right of
first refusal in that transaction, and the purchase price to buy back the garage from. Mr.
Kelty,or his corporation,will be$10,000.
• Second,the garage will be conveyed to him upon the CO issued for at least 150 apartment
units in the building located at 726 Scott Avenue. also known as the Petroleum Building.
WF4BSTC Minutes Page 5 of 6
01 06 2022
Page 5 of 7
Agenda Item No.5.a
• Substantive details will be worked out between Mr. Kelty,the Board's legal counsel, Mr.
Hegglund, and Mr. Menzies.
Mr. Hegglund clarified that the transfer of the Lindemann Parking Garage would not be a
sale but instead be a no-cost transfer.
Mr. Hatcher asked if the parking garage would immediately go on the tax rolls. Mr.
Hegglund explained only at the point that the garage was deeded over to Mr. Kelty. Mr.
Fidelie explained that the issue would be subject to the appraisal district and Texas
Property Tax Code. So it would be either immediate or the following January
Seconded by Mr. Barham,the motion carried 4-1.
9. Adjourn.
Mr. Fidelie adjourned the meeting at 4:27 p.m.
Guy A. "Tony" Fklelie, Ji nI
ItVt,f1, Bair haWI , V.F.
WF4BSTC Minutes E'a2e 6 of 6
01.06.2022
Page 6 of 7
Agenda Item No.5.a
WICHITA FALLS 4B SALES TAX CORPORATION
BOARD OF DIRECTORS
CERTIFIED AGENDA
OF THE EXECUTIVE SESSION
January 6, 2022
At the beginning of the session, I announced a closed meeting began on January 6, 2022,
at 3:44 '' o'clock p.m., and the sections of Chapter 551 under which this meeting
was held were as follows and as otherwise described in the agenda of the Wichita Falls
4B Sales Tax Corporation.
Executive Session in accordance with TEXAS GOVERNMENT CODE §551.087,
to discuss or deliberate the offer of a financial or other incentive, including
modification to an existing agreement, for a business prospect that the
4BSTC seeks to have, locate, stay, or expand in or near the territory of the
City of Wichita Falls and with which the 4BSTC is conducting economic
development negotiations for creation and retention of primary jobs (as
defined by TEX. LOCAL GOV'T. CODE §501.002).
At the end of the session, I announced the date and time were January 6, 2022, at
v /9 o'clock p.m.
The subjects described above were deliberated, and no further action or votes were taken on
these subjects in executive session.
I, Tony Fidelie, President of the Wichita Falls 4B Sales Tax Corporation Board of Directors,
certify that the above is a certified agenda of the proceedings of the executive session of the
Wichita Falls 4B Sales Tax Corporation Board of Directors.
GUY A. "Toe' rIDELIE, VICE PRESIDENT
WICHITA FAL s 4B SALES TAX CORPORATION
Page 7 of 7
Agenda Item No.5.a
MINUTES
LAKE WICHITA REVITALIZATION COMMITTEE
March 8, 2022
PRESENT:
•Members
David Coleman, Chair
Tim Brewer, City Council Rep
Alicia Castillo, Gold Star Family
Matt Marrs
Sharon Roach
Alison Sanders
Rick Hernandez
Steve Garner
Blake Jurecek; Asst City Manager ■Staff
Robert Mauk, TP&W •Guests
Kathie Forehand-Chaddick
ABSENT: Eve Montgomery, John Strenski, Kendrick Jones, Ford Swanson
1. Call to Order: David called the meeting to order at 10:04 am and declared a quorum.
He informed the group that Crystal Byrd did not reply to him, so she is terminated from
the Committee. Also, Eve Montgomery submitted her resignation since she is moving to
Washington State. Replacement candidates will be on the March 15 City Council
agenda, for them to consider appointing two new Members, one of which will be the
designated Park Board representative.
2. Approval of Minutes: February meeting minutes were approved unanimously.
3. Project Updates:
3.a. Veteran's Plaza Project: David summarized the project funding status. The revised
construction cost estimate is $525,000 which makes the total estimate to complete the
project$618,750. Our total funds available is $708,000 so we are comfortable the project
can move forward, even in this climate of inflation.
A Pre-Bid meeting was held last week, it was well attended, and David passed out the
attendance roster. Bids will be opened on March 15, and David will attend, and initiate
the documents for the Community Foundation to cut a check for the low bid plus 10%,
plus $30,000 for the re-design. The April 5 City Council agenda will include two items:
One for City Council to consider awarding the construction contract, and the second for
them to consider formally naming the Veterans Plaza after Harry Patterson.
Regarding the design of the Plaza, Steve Garner will determine the wording on the brass
plaque to recognize donors. Up to three more brass plaques can be placed along the
walkway, and David asked the group to consider what (if anything)will be on the other
three plaques. David explained that we need to decide what artwork to include on the
back side of the four Gold Star Family monument panels, and after much discussion this
was decided unanimously:
March 8, 2022
Page 1 of 2
Agenda Item No.5.b
• Panel one: Alamo and Texas Flag (like sample#3)
• Panel two: Four silhouettes (like sample#6)
• Panel three: Iwo Jima Flag raising (standard design)
• Panel four: Folded Flag, POW/MIA, Cemetery(from samples 3&4)
David informed the group that Congressman Ronny Jackson has accepted our invitation
to be our guest speaker on November 11, to dedicate the Memorial and honor Veteran's
Day. Also, David stated that the members of American Legion Post 169 have asked if we
would be interested in moving the Eternal Flame monument from City Hall to the
Veteran's Plaza. The Committee had a generally positive response, but there are many
questions that must be answered, and the issue was tabled for possible future
consideration.
3.b. Lake Deepening: Rick asked whether a phased project could be considered, and
David replied that if an ACOE Section 1135 project was pursued, it would have to be
phased since the maximum project value is $12 million.
3.c. Kayak Launch Grant: Robert Mauk stated the contract is complete and is under
review at Texas Parks&Wildlife, and should be signed soon by both the City and
TP&W.
4. Discussion of Brick Sales and Fundraising Initiatives: David stated that we must
get all the paper brick orders entered into the Polar Engraving website system, and he
will set up a work session to get that done.
5. Other Business Matters: Kathie asked if we have considered dedicating a highway to
Gold Star Families. She will do some research into this, and David will contact Davis
Powell to find out how this is done.
5.a. Website Changes: On hold.
6. Adjournment: The meeting adjourned at 10:58 am.
94Pre
12 022
David Coleman, Chair D e
March 8, 2022
Page 2 of 2
Agenda Item No.5.b
CITY COUNCIL AGENDA
April 19, 2022
ITEM/SUBJECT: Ordinance Amending Chapter 14 — Animals in Its Entirety, and
providing for codification.
INITIATING DEPT: Health
STRATEGIC GOAL: Efficiently Deliver City Services
STRATEGIC OBJECTIVE: Practice Effective Governance
COMMENTARY:
The City's animal ordinance regulates the health, safety, and treatment of animals within
the City limits and was last revised by the City Council three years ago. Since that time,
staff has identified several issues related to state law and local preference that have
initiated the proposed changes to the ordinance. Both the Animal Shelter Advisory
Committee and the Board of Health reviewed and recommend to the City Council the
proposed revisions, as follows:
Sec 14-1 Definitions
• Enclosure - means an area sectioned off by a fence or wall secured on all sides
to prevent escape. This was in response to a recent court issue and the need to
ensure it was clear the enclosure was intended to prevent the escape of an animal.
Pg. (7)
• Owner - changed the days you may keep a stray animal from three to seven days.
Most citizens will hold onto a stray animal in an effort to find its owner rather to
bring it into the shelter. This gives them seven days to do so without being
considered the owner of an animal. Pg. (8)
• Performing animal and Performing animal exhibition - added a definition of a
performing animals and clarified the definition of a performing animal exhibition.
Pg. (8)
Sec 14-10 Owner Surrendered animals
• Added language that would require a valid government ID to be able to owner
surrender an animal. This is a current policy however there is a need for the
requirement to be in the ordinance to assist with better compliance. Pg. (13)
• Added language that would prevent an owner which surrenders an animal to the
shelter from adopting from the shelter for one year after the owner surrender.
The exceptions to this are if the animal is sick, elderly, or aggressive. Pg. (13)
PAGE 1 OF 55 PAGES
AGENDA ITEM NO. 6.
Sec 14-14 Animal Adoption policies
• Removed the requirement that all current animals in the home be microchipped
prior to adopting an animal. This has been a barrier to adoptions in the past three
years and, while it is ideal to have all animals microchipped, it shoudn't be a barrier
to adoptions. Pg. (14)
Section 14-17 (d) (2) Fees and Penalties
• Added language which clarifies that an individual who receives reduced or waived
fees is to complete the responsible owner program, and will be billed for the
reduced or waived fees and will be subject to receiving citations for failure to attend
the class. Pg. (16)
Section 14-71 License Required
• Language was added to require that owners provide proof of an animals current
city license when requested by an Animal Care Officer, and that the City license
would be renewed concurrent with a rabies vaccination. Pg. (17)
Section 14-154 Kennel Permit (b)
• Removed the requirement of kennels to ensure animals are microchipped prior to
boarding an animal. Pg. (25)
Section 14-157 Private Animal Shelter Permit (q)
• Added language which requires the shelter to require any person bringing in an
animal to provide a valid government ID and maintain that information. Pg. (27)
Section 14-333 (a) Dangerous dog license required
• Removed the requirement to register the dog with a National Registry for
dangerous dogs. This registry no longer exists. Pg. (40)
• Reduced the insurance requirement from $750,000 to $500,000. Individuals have
been unable to find the higher limits of insurance and this became a seemingly
impossible requirement to meet. Pg. (40)
Section 14-335 Declaration of a dangerous dog
• Added (d) to define a time limit in which an individual must obtain a license for a
dangerous dog. Pg. (41)
Section 14-370 Records required number (6)
• Added clarifying language to ensure we have a comprehensive list of the
information that will be gathered and stored. Pg. (43)
Section 14-373 The right of owner to reclaim; fee (al) (e) (f) (g)
PAGE 2 OF 55 PAGES
AGENDA ITEM NO. 6.
• Added language to agree with 14-7 in regards to individuals who received reduce
fees. Pg. (43)
• Added language which states the requirement to sterilize an animal will be waived
if they provide a note from the veterinarian that the procedure would jeopardize the
animal's health. Pg. (44)
• Added language which states if an animal is impounded for the second time and
has not been sterilized the owner will be required to prepay for the sterilization and
the animal will be held at the shelter and delivered to the vet for its appointment.
The owner will then pick the animal up from the veterinarian. Pg. (44)
• Removed spay and neuter from (g) as a 10-day requirement. Most veterinarians
have a longer than 10-day wait for a spay or neuter appointment. Pg. (44)
Sec 14-452 Food, water, shelter, shade. (1-a-1,2,3)
• Added language to strengthen this section by better defining what constitutes a
shelter, and appropriate bedding. Pg. (51)
An Animal Shelter Advisory Committee meeting was held on December 10, 2021. They
voted unanimously to approve the ordinance revision and to present them to Board of
Health.
A Board of Health meeting was held on January 14, 2022. They voted unanimously to
recommend the ordinance to Council for approval.
City staff as well as the Animal Shelter Advisory Committee and the Board of Health
recommend the attached ordinance to the City Council for approval.
® Director of Health
ASSOCIATED INFORMATION: Ordinance
® Budget Office Review
® City Attorney Review
® City Manager Approval
PAGE 3 OF 55 PAGES
AGENDA ITEM NO. 6.
Ordinance No.
Ordinance Amending Chapter 14 — Animals In Its Entirety, And
Providing For Codification.
WHEREAS, the Health District is the Regulatory Authority for the City of Wichita
Falls; and
WHEREAS, the Health District recommends revision of the existing Animal
ordinance to promote and protect the health and safety of all animals and citizens; and
WHEREAS, the City Council of the City of Wichita Falls desires to adopt an
Animal ordinance that promotes and protects the health and safety of all animals in the
community;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
1. Chapter 14 —Animals of the Code of Ordinances of the City of Wichita Falls is
hereby amended to read as follows:
Chapter 14 -ANIMALS[11
Footnotes:
--- (1) ---
State Law reference—Health and safety of animals, Texas Health and Safety Code § 821.001
et seq.; regulation of animals, Texas Health and Safety Code § 822.001 et seq.; rabies control.
Texas Health and Safety Code § 826.001 et seq.; dog and cat sterilization, Texas Health and
Safety Code § 828.001 et seq.; animal control officer training, Texas Health and Safety Code §
829.001 et seq.; cruelty to animals, Texas Penal Code §§ 42.09, 42.092; attack on assistance
animals, Texas Penal Code § 42.091; dogfighting, Texas Penal Code § 42.10.
ARTICLE I. - IN GENERAL
Sec. 14-1. - Definitions.
The following words, terms, and phrases when used in this chapter shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Abuse means to mistreat through intent or neglect any animal, fowl, livestock, or wildlife in a manner
that causes or is likely to cause stress or physical injury, as provided in Texas Penal Code §42.092, or as
otherwise stated in this chapter.
PAGE 4 OF 55 PAGES
AGENDA ITEM NO. 6.
Animal means any living organism of the Kingdom Animalia that breathes and feeds on organic
material. When used in this chapter the term "animal" includes, but is not limited to, dogs, cats, livestock,
fowl, vertebrates, fish, and hermit crabs.
Animal Care Officer(ACO) means an employee of the City of Wichita Falls, Texas,who is authorized
to enforce all State laws and City ordinances as they pertain to animals.
Animal Clinic means any private or public facility, either non-profit or for hire, that provides veterinary
services such as vaccinations and spay/neuter services for dogs and cats.
Animal foster home means any residence that is registered with a rescue for the purpose of
temporarily housing domestic animals in need of adoption into a permanent household. The foster home
must be inspected and approved by the rescue group and may be subject to inspection by Animal
Services Center staff at any time.
Animal foster home caregiver means a person who harbors fostered animals through an ASC
approved rescue group.
Animal Services Center(ASC) means the Wichita Falls Animal Services Center or other facility
designated by the city council as the municipal animal shelter to be used for the housing of any animal
impounded by an Animal Care Officer or any employee of the ASC.
At large means any animal, including fowl or livestock, not restrained by some physical means to the
premises of its owner or harborer/caretaker. An animal shall not be considered at large when held and
controlled by some person by means of a leash or chain of proper strength and length to control the
actions of the animal, fowl or livestock. An animal shall not be considered at large when participating in a
show, competition, or training program. A licensed cat meeting the requirements in Sec 14-297 or a cat
harbored as a member cat of a registered cat colony or a non-member feral cat shall not be considered at
large unless they are creating a public nuisance or unaltered.
Authorized veterinary clinic means a clinic that has been pre-approved by the health district to offer
for sale animal license tags to their clients.
Cat colony location means the location at which a feral cat caregiver provides food, water, or shelter
to feral cats in compliance with the cat colony guidelines herein.
Circus means a commercial variety show featuring animal acts for the public.
Commercial animal establishment means any pet store, petting zoo, grooming business, riding
school, stable, zoological park, circus, performing animal exhibition, or kennel.
Cruelly treated includes tortured; seriously overworked; abandoned; deprived of adequate food
water, care, or shelter; cruelly confined; or caused to fight with another animal.
Curtilage means any land or building immediately adjacent to a dwelling that is directly and intimately
connected with the habitation.
Dangerous animal.u}means an animal;other than a dog that the director determines to be a danger
to human life, health, or safety.
PAGE 5 OF 55 PAGES
AGENDA ITEM NO. 6.
Dangerous dog.- means a dog that makes an unprovoked attack on a person or animal that causes
bodily injury and occurs in a place other than the enclosure in which the dog is normally kept or was being
kept or commits unprovoked acts in a place other than the enclosure in which the dog is normally kept or
was being kept, and those acts cause a person to reasonably believe that the dog will attack and cause
bodily injury to that person or to another animal.
Director means the Health Director of the Wichita Falls-Wichita County Health District or his or her
designee.
Distance between structures means a straight line from the nearest point of the shed, stable, barn,
pen, enclosure, fence, or area in which the animal is contained to the nearest point of such actual
residence or building used for human habitation.
Ear tipping means the surgical removal of a quarter-inch from the top of a feral cat's left (or
occasionally right) ear by a licensed veterinarian while the cat is anesthetized for spaying/neutering for
the purpose of identifying a feral cat as having been evaluated, vaccinated, and spayed/neutered.
Enclosure means an area sectioned off by a fence or wall secured on all sides to prevent escape.
Equine means any animal found in the horse family, including but not limited to horses, donkeys, and
zebras.
Feral cat means any cat that is not socialized towards humans, is born in the wild,or is a formerly
owned cat that has been abandoned,or a cat that lives in the community that is not owned by humans,
and is sometimes referred to as a free-roaming or street cat.
Feral cat caregiver means a person who harbors feral cats in compliance with the permitted feral cat
management guidelines contained herein.
First offender means a person that has received a citation for an animal related offense occurring in
the city limits of Wichita Falls for the first time.
Fostered animal means an animal residing in a foster home registered and approved by an ASC
approved rescue group until its adoption into a permanent household.
Fowl includes chickens, turkeys, pheasants, quail, guineas, geese, ducks, peafowl, and other
domestic feathered creatures regardless of age or sex, except parakeets, canaries, or similar small-size
birds, or any exotic birds, such as parrots, provided they are continuously confined within the residence or
business of the owner/harborer.
Grooming means the hygienic care and cleaning of an animal, which includes but is not limited to
keeping a dog or cat's nails trimmed to an appropriate length and keeping hair and fur free of mats and
burrs. Hair shall be maintained in a manner allowing the animal to have a clear line of sight.
Grooming business means a commercial business establishment including a mobile grooming unit
where animals, for a fee, are bathed, clipped, or combed to enhance their aesthetic value, health, or both.
Harbor means to provide any animal, fowl, livestock, or wildlife with food, water, or shelter.
PAGE 6 OF 55 PAGES
AGENDA ITEM NO. 6.
Health district means the Wichita Falls-Wichita County Public Health District.
Impoundment means to take an animal into custody by a City of Wichita Falls ACO or other
employee of the ASC. Impoundment begins at the time any ACO or employee of the ASC takes control of
the animal.
In season means during the stage of estrus or heat.
Kennel means any lot, building, structure, enclosure, or premises used for commercial purposes
wherein one or more dogs and/or cats, 16 weeks of age or older, are kept or maintained for profit,
including animal daycare facilities and veterinary clinics/hospitals.
Livestock means a domestic animal generally used or raised on a farm for profit or use, including but
not limited to bovine, equine, sheep, goats, swine, or any other animal defined as livestock by the State
Agriculture Code, whether commonly domesticated or not.
Livestock production area means any parcel of land within the city limits in excess of 25 acres that is
used to raise livestock.
LRCA means local rabies control authority.
Member cat means a feral cat that is part of a permitted feral cat colony.
Microchip means an identifying integrated circuit device placed under the skin of an animal and
containing information regarding that animal, including the identity and address of the owner, which can
be read with a scanner capable of reading information from identifying integrated circuit devices.
Neutered means any male animal rendered incapable of breeding by castration.
Official notice means written notice delivered in person by an ACO or sent by certified mail, return
receipt requested, addressed to the last known address of the recipient by either an ACO or an ASC
designee.
Owner means a person who owns, keeps, shelters, maintains, feeds, harbors, or has temporary or
permanent custody of a domestic or prohibited animal, or who knowingly permits a domestic or prohibited
animal to remain on or about any premises over which that person has control. The term shall include a
person who harbored, fed, or sheltered the animal for seven three(74) consecutive days or more.
Performing animal means any animal which is used at, or for the purpose of any entertainment to
which the public are admitted.
Performing animal exhibition means any spectacle, display, act, or events other than rodeos in which
animals, fowl, livestock, or wildlife perform.
Permitted feral cat colony means five or more feral cats that live together in one territory, often near
food sources and shelter, under the supervision of a particular feral cat caregiver in compliance with the
permitted feral cat management guidelines contained herein.
PAGE 7 OF 55 PAGES
AGENDA ITEM NO. 6.
Pet store means any person, partnership, company, or corporation, whether operated separately or
in connection with another business enterprise, that buys or sells any species of animal.
Petting Zoo means a collection of animals for people to pet and feed.
Pot-bellied Pig means a Vietnamese pot bellied pig. Under no circumstances shall any swine be
considered a pot-bellied pig if its weight exceeds 125 lbs.
Private Animal Shelter means an establishment that provides a temporary home for dogs, cats, and
other animals that are offered for adoption or rescue. Municipal Shelters are excluded from this definition.
Prohibited Animal means:
(1) Any wild or exotic animal or any animal not normally born and raised in captivity including, but not
limited to the following:
a. Reptiles: venomous lizards, venomous snakes, crocodiles, alligators, caimans, and
gharial;
b. Mammals:
1. Felines (such as lions, tigers, bobcats,jaguars, leopards, and cougars), except
commonly domesticated cats;
2. Canines (such as wolves, dingoes, coyotes, foxes,.and jackals, and any hybrid
of a canine), except commonly domesticated dogs;
3. Mustelids (such as weasels, skunks, martins, minks, badgers, and otters) except
ferrets;
4. Procyonids (such as raccoons and coati);
5. Bears;
6. Marsupials (such as kangaroos, opossums, koala bears, wallabies, bandicoots,
and wombats);
7. Bats;
8. Sloths, anteaters, armadillo, and related species;
9. Elephants;
10. Primates (such as monkeys, chimpanzees, orangutans, and gorillas);
11. Rodents (such as beavers and porcupines), except commonly domesticated
rodents kept as pets including hamsters, gerbils, guinea pigs, rats, mice, and
chinchillas;
c. Amphibians: poisonous frogs.
(2) Does not include nonpoisonous reptiles or nonpoisonous amphibians.
(3) Does not include livestock, fowl,or normal household pets_-such as, but not limited to dogs, cats,
cockatiels, ferrets, hamsters, guinea pigs, gerbils, rabbits, fish, or small nonpoisonous reptiles,
snakes, or amphibians.
Public nuisance means any action or condition that has the potential to affect the health, safety, or
welfare of the public, including the following:
(1) Any animal, fowl, or livestock that molests, chases, or attacks passersby or passing vehicles;
(2) Any animal, fowl, or livestock that molests, chases, or attacks other animals;
(3) Any animal, fowl, or livestock that trespasses on school grounds;
(4) —Any animal, fowl, or livestock that is repeatedly at large (ie.eg., two (2) or more times per
36-month period) while being owned/harbored by the same person;
(5) Any animal, fowl, or livestock that damages or defiles private or public property;
PAGE 8 OF 55 PAGES
AGENDA ITEM NO. 6.
(6) —Any animal, fowl, or livestock that barks, whines, howls, crows, or makes other noise in an
excessive or continuous fashion;
(7) Any dog or cat that is unconfined in season;
(8) —Any animal, fowl, or livestock that has been deemed a dangerous animal and not confined
as required by this chapter;
(9) —Fecal matter, garbage, or other organic wastes deposited, stored, discharged, or exposed
in such a way as to be a potential instrument or medium in disease transmission;
(10) A condition or place that is a breeding ground for flies;
(11) A collection of water in which mosquitoes are breeding;
(12) A place or condition harboring rats;
(13) An object, place, or condition that is a potential medium of disease transmission to humans;
(14) Any animal, fowl, or livestock which damages, soils, defiles, urinates, or defecates on private
property other than the owners;
(15) Providing food or water to a feral cat that is not associated with a permitted cat colony or a
nonmember feral cat;
(16) A place or condition that has the potential to produce obnoxious or foul odors.
Rabies means an acute viral disease of dogs, humans, and other mammalshumans and animals
affecting the central nervous system and usually transmitted throughlay the saliva of an infected animal by
a bitescratch or scratch .i4e.
Rescue group means an organization approved by the director or his or her designee whose mission
is to take unwanted, abandoned, abused, or stray animals and attempt to find them suitable homes.
Residence means any place of human habitation at any time, day, or night, including but not limited
to any residence, church, school, convalescent center, or nursing home.
Responsible pet owner program means the program conducted by ASC staff to provide education on
animal-related city ordinances and &State laws.
Restrained means any animal secured by a leash or lead held by the owner or responsible party or
physically confined within the property limits of its owner. Physical confinement must be appropriate in
height and strength to confine the animal(s) on the property. Invisible fencing, remote control collars, and
voice commands are not recognized as proper restraints for animals.
Riding school and stable means any place that has horses, ponies, donkeys, mules, or burros
available for hire, boarding, and/or riding instruction horses, ponies, donkeys, mules, or burros.
Sanitary means any condition of good order and cleanliness that discourages and limits disease
transmission.
Spayed means any female animal rendered incapable of being bred by removal of the ovaries.
Vaccination means an injection of a vaccine, including but not limited to rabies, which is approved by
the U.S. Department of Agriculture, Veterinary Biologics Division, State Veterinarian, and administered as
required by state law.
Veterinarian means any person duly licensed to practice veterinary medicine by the State Board of
Veterinary Examiners.
PAGE 9 OF 55 PAGES
AGENDA ITEM NO. 6.
Veterinary clinic/hospital means any establishment maintained and operated by a licensed
veterinarian for surgery and/or diagnosis and treatment of diseases and injuries of animals, fowl,
livestock, or wildlife including but not limited to a mobile or outpatient clinic.
Wild animal(wildlife) means any nondomestic creature (mammal, amphibian, reptile, or fowl) that is
of a species that is wild by nature and that can normally be found in the wild state and that is not naturally
tame or gentle but is of a wild nature or disposition; or that, because of its size, vicious nature and other
characteristics, would constitute a danger to human life or property, if not kept or maintained in a safe and
secure manner. Such creatures include, but are not limited to, all nonhuman primates and all forms of
venomous reptiles and nonvenomous snakes that will exceed a length of six feet when mature. Excluded
from this definition are hamsters, gerbils, ferrets, domesticated breeds of rabbits, guinea pigs, rats, mice,
newts, and salamanders.
Zoological park means any facility, other than a pet store or kennel, displaying or exhibiting one or
more species of animals, fowl, livestock, and wildlife, operated by a person or under the auspices of a
government agency or possessing an unrevoked municipal zoological park permit.
(Code 2001, § 14-1; Ord. No. 21-2009, § 1, 3-3-2009)
Sec. 14-2. - Incorporation by Reference.
Any reference made in this chapter to any other law, statute, code, ordinance, rule or regulation is
intended to incorporate such material as it presently exists and also any future amendments, changes,
revisions, repeals or recodifications of such material, unless otherwise expressly provided.
Sec. 14-3. -Violations; Penalties.
(a) Any violation, disobedience, omission, neglect, failure, or refusal to comply with the enforcement of
any of the provisions of this chapter shall be punishable by a fine not to exceed $2,000 for each
violation. Unless otherwise specifically stated in this chapter, any violation of this chapter that is
punishable by a fine that does not exceed $500 does not require a culpable mental state, and a
culpable mental state is hereby not required to prove any such offense. Unless otherwise specifically
stated in this chapter, any violation of this chapter that is punishable by a fine that exceeds $500 shall
require a culpable mental state as specified by§ 6.02(c) of the Texas Penal Code. Each day that a
violation is permitted to exist shall constitute a separate offense.
(b) If any person is found guilty of having violated any provision of this chapter, any permit held by such
person may be revoked as provided in this chapter.
Sec. 14-4. - Responsibility for enforcement; police powers.
The local rabies control authority, local health authority, the animal care officers and other authorized
employees of the health district shall have all of the powers and authority of peace officers to the extent
only, and no further, of enforcing state statutes and regulations, this chapter of the city ordinance and
other city ordinances relating to animals, fowl, livestock and wildlife. No person shall interfere in any
manner or give false information to the above-stated employees in the performance of their duties.
(Code 2001, § 14-2; Ord. No. 21-2009, § 1, 3-3-2009)
PAGE 10 OF 55 PAGES
AGENDA ITEM NO. 6.
Sec. 14-5. - Interference with duties.
(a) A person commits an offense if he prevents, interferes with, obstructs, or gives false information to
the above-stated individuals in the performance of their duties.
(b) -A person commits an offense if he fails to comply with any lawful order of the above-stated
individuals during the enforcement of this chapter or federal or state laws.
(c) A person commits an offense if he makes a claim of ownership for an animal that he knows is false.
(d) A person commits an offense if he makes a report of a violation of this chapter, or federal, or state law
that he knows to be false.
(e) A person commits an offense if he physically constrains the movement of any above-stated person or
their equipment or vehicle by placing any part of the person or person's property in the way of the
above-stated person's progress in the performance of their duties.
(f) A person commits an offense if he releases or causes an animal to be released after an Animal Care
Officer has impounded the animal.
Sec. 14-6. - Entry of private premises.
(a) If persons keeping animals, fowl, livestock or wildlife within the city, after request of the health district
or an ACO, refuse to permit access to the areas or places where such animals, fowl, livestock or
wildlife are kept, the ACO shall seek the necessary court authorization to enter the premises.
(b) If the ACO has reasonable suspicion to believe that the life of the animal may be in imminent danger,
the ACO may enter the curtilage of the premises to correct the threat to the animal's life so long as
damage to property can be avoided.
(c) An ACO who has probable cause to believe an animal is in immediate danger may remove the animal
from the situation by the quickest and most reasonable means available.
(d) For purposes of discharging the duties imposed by the provisions of this chapter or other applicable
laws, an ACO who has probable cause to believe an animal is in immediate danger may enter upon
private property to the full extent permitted by law.
(Code 2001, § 14-3; Ord. No. 21-2009, § 1, 3-3-2009)
Sec. 14-7. -Additional enforcement methods.
If any person is found guilty of cruelty to any animal, wildlife, fowl, or livestock under municipal, state
or federal law, his permit to own, keep, harbor, or have custody of such animal, fowl, wildlife, or livestock
shall be deemed automatically revoked and no new permit or license may be issued.
(Code 2001, § 14-4; Ord. No. 21-2009, § 1, 3-3-2009)
Sec. 14-8. - Keeping venomous reptiles.
It shall be unlawful for any person to breed, raise, keep, or have in his possession any venomous
reptile within the corporate city limits, except a venomous reptile kept by a permitted educational or
scientific institution. These institutions will be subject to initial approval and periodic inspections by the
director of health or his or her designee.
(Code 2001, § 14-5; Ord. No. 21-2009, § 1, 3-3-2009)
Sec. 14-9. - Disposal of deceased animals and livestock.
PAGE 11 OF 55 PAGES
AGENDA ITEM NO. 6.
(a) Deceased livestock shall be lawfully disposed of within 24 hours of discovery by or notification of the
responsible party. All costs associated with disposal shall be borne by the responsible party. The
responsible party will be determined by the health director or his or her designee.
(b) A reasonable disposal fee will be charged for the requested collection and disposal of each small
deceased animal, including dogs and cats. This fee shall be paid to the ASC.
(Code 2001, § 14-6; Ord. No. 21-2009, § 1, 3-3-2009)
Sec. 14-10. Owner surrendered animals.
(a) Individuals must show proof of ownership and valid government issued ID showing they live within the
Wichita Falls°city limits.
(b) Any owner wishing to relinquish an unwanted animal to an ACO or other authorized employee of the
ASC must schedule an appointment for an intake interview prior to bringing the animal to the shelter.
(c) Any owner wishing to relinquish an unwanted animal to an ACO or other employee of the ASC will be
charged a fee.
(c)(d) Any owner who surrenders an animal to Animal Services will be unable to adopt an animal from
the shelter for one year. Exceptions to this would include animals who are sick (not thriving), elderly,
and or aggressive.
Sec. 14-11. - Noise.
No person shall harbor any noisy animal, fowl, livestock, or wildlife of any kind that makes an
unreasonable disturbance to the peace of the occupants of an adjacent premises or the vicinity thereof,
including the making of unusual noises by howling, barking, or bawling.
(Code 2001, § 14-7; Ord. No. 21-2009, § 1, 3-3-2009)
Sec. 14-12. - Removal of waste.
The owner, caretaker, harborer, or possessor of every animal shall be responsible and required to
immediately and properly dispose of excreta deposited by the animal on public walks, recreation areas,
public, or private property.
(a) It shall be the responsibility of the owner or their appropriate representative of any multi-family living
complex to enforce or remove waste deposited by any animal being housed/harbored on such
property.
(b) An owner commits an offense if they:
(1) Knowingly allow the animal to enter or be present on private property or on property located
in a public place and fails to have in their possession materials or implements that, either
alone or in combination with each other, can be used to immediately and in a sanitary and
lawful manner both remove and dispose of any excreta the animal may deposit on the
property.
(2) Do not dispose of any excreta deposited on any property owned or possessed by that
person, caretaker, or possessor of any animal at a frequency of at least weekly or more often
as needed to prevent a public health nuisance.
(Code 2001, § 14-8; Ord. No. 21-2009, § 1, 3-3-2009)
PAGE 12 OF 55 PAGES
AGENDA ITEM NO. 6.
Sec. 14-13. - Shooting or catching wild birds.
(a) It shall be unlawful for any person to shoot, attempt to shoot, or kill with an air rifle, bow and arrow,
slingshot, firearm, or other means any wild bird within the city limits.
(b) It shall be unlawful for any person to or catch or attempt to or catch, by any means whatsoever, any
wild bird within the city unless such catching is first approved by the health director.
(Code 2001, § 14-9; Ord. No. 21-2009, § 1, 3-3-2009)
Sec. 14-14. -Animal adoption policies.
(a) An individual seeking to adopt an animal through the city's ASC must comply with the following
requirements:
(1) Applicants may not have a history of complaints of cruelty or neglect.
(2) Applicants may not have reclaimed their current animals, if any, from ASC more than once in
the previous 12-month period.
(3) All animals in the home must be spayed/neutered, microchipped, and current on vaccinations
and city licenses prior to the applicant being approved for adoption.
(4) Once an applicant has been approved by the ASC to adopt an animal, the applicant must
make and pre-pay for an appointment with the veterinarian of their choice to have the animal
spayed/neutered. Proof of the paid appointment must be submitted to the ASC prior to the
adoption of the animal.
(b) Once all of the requirements for adoption have been met, ASC staff will deliver the adopted animal to
the chosen veterinary clinic the morning of the spay/neuter appointment. ASC staff will microchip the
animal prior to the animal leaving the building and enter that information into the electronic records
system. While the animal is at the veterinary clinic being spayed/neutered, the animal will receive a
rabies vaccination administered by the veterinarian and paid for by the approved applicant. The
applicant may pick up the animal from the veterinary clinic after the animal has been spayed or
neutered, and all additional actions have been undertaken by ASC and the designated veterinarian.
(1) Proof of spay/neuter must be provided to the ASC no later than ten (10) days from the date of
the animal being spayed/neutered.
(2) Proof of rabies vaccination and city license must be returned to the ASC no later than ten
(10) days after the animal has been adopted.
(3) If the animal is deemed too young to be spayed/neutered, the adopter shall schedule and
prepay for a spay/neuter appointment at the veterinarian of their choice and bring in proof of
the appointment and paid services to the ASC prior to the animal leaving the shelter. It shall
be unlawful for a person who has adopted an animal from the city to fail to provide proof of
spay/neuter to the ASC within ninety (90) days after adoption.
(4) If the animal is under four months of age at the time of adoption, the puppy or kitten must
receive a rabies vaccination at approximately four months of age. ASC staff will approximate
age and timeline for rabies vaccine to be given. The adopter shall return the proof of
vaccination to ASC no later than ten days from the date that the animal receives the
vaccination. It shall be unlawful for a person who has adopted an animal from the city to fail
to provide proof of rabies vaccination to ASC within ninety (90) days after adoption.
(5) If a licensed veterinarian determines spay/neuter and/or vaccination would be detrimental to
the health of the adopted animal, documentation from the licensed veterinarian must be
submitted, and requirements will be waived.
PAGE 13 OF 55 PAGES
AGENDA ITEM NO. 6.
(6) If an animal is determined by a veterinarian to have a short-term medical issue detrimental to
the health of the animal and requires a delay in spay/neuter the adoption supervisor or their
designee shall communicate with potential adopter an agreement for care to include a
treatment plan from a veterinarian.
(7) If the adopter chooses to utilize a veterinarian located outside the City limits but within 30
miles of the ASC they will be assessed an additional fee to cover the cost of delivery of the
animal to the veterinarian.
(c) The Director of Health has the authority to waive or reduce adoption fees for special events or
promotions.
(d) Pets and Vets Program. Adoption fees for any animal available at the City of Wichita Falls Animal
Services Center will be waived for any U.S. Veteran who meets the following requirements:
(1) Veterans shall meet all other requirements for adoption, including the spay/neuter surgery at
the veterinarian of their choice, and
(2) Veterans shall present one of the following documents that pertain to their military service:
i. Veteran Identification Card;
ii. State Issued License with a Veteran Designation;
iii. Form DD214 Military Discharge Certificate;
iv. Honorable Discharge Certificate;
v. Letter from the U.S. Military Center; or
vi. Letter from the Department of Veterans Affairs Services and Benefits Program.
(3) If at any time, an adopter is unable to keep their animal, they can return the animal to the
ASC without penalty. If they chose to rehome the animal on their own, they must provide the
ASC the new owner's information within 14 days of the transfer of ownership and update the
microchip and license information.
(Ord. No. 10-2014, § 1, 3-18-2014; Ord. No. 23-2016, § 1, 6-19-2016)
Sec. 14-15. - Barn cat adoption program.
An individual seeking to adopt barn cats through the city's Animal Services Barn Cat Adoption Program
must comply with the following requirements in addition to the requirements of section 14-12:
(a) Barn cats must be adopted in pairs.
(b) Applicants must agree to provide a safe, permanent outdoor home with one or more areas of
weatherproof shelter, daily food, and water, and provide for any ongoing veterinary costs associated
with ownership prior to being permitted to adopt any barn cat.
(c) Applicants must provide an escape-proof room or enclosure for each cat for a minimum of a two-
week period after adoption to allow the barn cat to acclimate to its new location. This enclosure can
be a tack room, garage, coop, or XXL dog crate. Applicants must relocate each barn cat to the
enclosure immediately following pick up of the animal from the veterinarian in accordance with the
requirements of Sec.14-12 and keep the animal in the enclosure for the designated period.
(Ord. No. 10-2014, § 1, 3-18-2014)
Sec. 14-16. -Animal ownership.
PAGE 14 OF 55 PAGES
AGENDA ITEM NO. 6.
No person shall own, keep, maintain, or harbor five or more dogs and/or cats in aggregate per property
address, including any dwelling that is an extension of the address, without a special permit as set forth in
Aarticle III - Permits.
Sec. 14-17. - Responsible pet owner, the purpose of the program.
(a) The responsible pet owner program for pet owners established in this article is designed to reduce
the incidence of repeat offenders and educate participants about the responsibilities entailed in
owning a pet in an urban environment. The program stresses the "good neighbor" concept of
responsible pet ownership and gives participants information on the role of the ACO in the
community.
(b) Program established; availability to pet owners.
(1) Established. The responsible pet owner program shall be established by the Health District
and the ASC.
(2) Availability. The responsible pet owner program may be made available to all pet owners
residing within the territorial limits of the City of Wichita Falls, and shall be offered at the
discretion of the ASC based on availability.
(c) Eligibility.
(1) Any citizen residing within the city limits of Wichita Falls is eligible to participate in the
program based on space availability.
(2) OwnersOffenders may be mandated to participate in the responsible pet owner program at
the discretion of the health director or their designee.
(d) Fees and penalties.
(1) The fee for a first impoundment may be waived or reduced for ownerspersons demonstrating
financial need who sign up and successfully complete this class.
(2) Failure of an owneroffender or citizen who received reduced or waived fees to complete the
responsible pet program within 30 days may will-result in the issuance of a citations. Said
owner -will also be responsible for paying the difference between the impound fee and any
waived or reduced fee.
Sec 14-18. Duty to locate owners of loose dogs or cats.
A person commits an offense if he takes possession of an at large dog or cat within the city and
knowingly fails to make within 72 hours after taking possession, a reasonable effort to locate the owner
by:
(1) Calling the telephone number listed on the animal's tags.
(2) Taking the animal to ASC, a licensed veterinarian or other animal agency with a microchip
scanner to be scanned for a microchip, checked for a tattoo or other identification screening and
attempting to contact the owner if identified through the screening.
(3) Making a found report to ASC including contact information, description of the animal, and
location of where the animal was found.
Secs. 14-19-14-40. - Reserved.
ARTICLE II. - DOG AND CAT VACCINATION AND LICENSINGu
Footnotes:
--- (2) ---
PAGE 15 OF 55 PAGES
AGENDA ITEM NO. 6.
State Law reference—Registration of dogs and cats, Texas Health and Safety Code §826.031
et seq.; rabies control, Texas Health and Safety Code §826.001 et seq.
DIVISION 1. -GENERALLY
Sec. 14-41. -Vaccination required.
(a) No person shall own, possess, or harbor any dog or cat 16 weeks of age or older unless it has been
vaccinated against rabies in accordance with this section and state law.
(b) Rabies vaccination shall be repeated in accordance with state laws and regulations.
(c) The owner of any unvaccinated dog, cat, or ferret reclaimed from the ASC must purchase a rabies
voucher from the ASC before leaving the center. The owner will be required to have the animal
vaccinated within ten (10) days and proof of vaccination should be immediately returned to the ASC.
Failure to vaccinate the animal or provide a valid rabies vaccination certificate is a violation of the
local ordinance and State law and will result in a citation.
(d) Pet owners are required to provide proof of an animal's current rabies vaccination when requested by
an Animal Care Officer. Proof shall be shown by providing a valid copy of the animal's rabies
certificate provided by a licensed veterinarian. A rabies tag is not valid proof of a rabies vaccination.
(Code 2001, § 14-36; Ord. No. 21-2009, § 1, 3-3-2009)
State Law reference—Vaccination required Texas Health and Safety Code § 826.021, 826.022.
Secs. 14-42-14-70. - Reserved.
DIVISION 2. - DOG OR CAT LICENSE
Footnotes:
--- (3) ---
State Law reference—Registration of dogs and cats, Texas Health and Safety Code § 826.031
et seq.
Sec. 14-71. - License required.
No person shall own, possess, or harbor a dog or cat 16 weeks of age or over without obtaining a
license for each animal.
(a)Pet owners shall provide proof of an animal's current city license when requested by
an Animal Care Officer. Proof shall be provided by showing a current city license to the
officer, or providing a receipt from the veterinarian or authorized location where the license
was purchased.
(b)City license must be renewed and shall run concurrently with rabies vaccination.
(Code 2001, §14-66; Ord. No. 21-2009, §1, 3-3-2009)
Sec. 14-72. - License defenses.
It is a defense to prosecution under section 14-71 that:
PAGE 16 OF 55 PAGES
AGENDA ITEM NO. 6.
(a) The owner of the dog or cat resides outside the city limits of Wichita Falls;
(b) The cat is a member of a permitted feral cat colony or a permitted non-colony member;
(c) The dog or cat is a fostered animal; or
(d) The dog is a governmental agency police/fire dog.
(Code 2001, § 14-67; Ord. No. 21-2009, § 1, 3-3-2009; Ord. No. 19-2010, 4-6-2010)
Sec. 14-73. -Certificate of rabies vaccination required for license.
A valid certificate of rabies vaccination and license fee must be presented to obtain a license for a
dog or cat.
(Code 2001, § 14-68; Ord. No. 21-2009, § 1, 3-3-2009)
Sec. 14-74. - Right to inspect.
Animal Services Staff, upon presentation of proper credentials, may inspect the dog or cat and the
premises of the dog or cat to ensure compliance with this chapter as a condition for issuing and
maintaining a dog or cat license.
(Code 2001, § 14-69; Ord. No. 21-2009, § 1, 3-3-2009)
Sec. 14-75. -Certificate tag and fee for the license.
(a) The fee for the license shall be set by the health district and approved by the city council, and the fee
schedule will be posted at the ASC. Animal license tags are not transferable from one animal to
another. It shall be unlawful to alter a tag or to issue one without current rabies vaccination. If a tag is
lost, a duplicate tag may be issued by the health district, and a replacement fee charged.
{ }(a) The health district will monetarily compensate authorized veterinary clinics that participate in
selling animal licenses. Each authorized veterinary clinic shall submit the rabies certificate and tag
number monthly to the ASC. The ASC will invoice the veterinarian clinics monthly for each certificate
sold minus the set aside amount for selling the license.
(Code 2001, § 14-70; Ord. No. 21-2009, §1, 3-3-2009)
Sec. 14-76. - Denial of license.
(a) No dog or cat license shall be issued if the applicant falsifies information or fails to comply with any
section of this chapter.
(b) No dog or cat license shall be issued if the applicant has been convicted of inhumane or cruel
treatment to animals or has three or more convictions for violating any section of this chapter.
(Code 2001, § 14-71; Ord. No. 21-2009, § 1, 3-3-2009)
Sec. 14-77. - Issuance of license.
Upon approval of the application for a dog or cat license, a certificate and license tag will be issued.
The tag shall be of durable material, designed to be easily fastened or riveted to the animal's collar or
harness, and shall bear a number corresponding to the number on the certificate, showing the month and
year of expiration. The ASC shall maintain a record of identifying tag numbers.
PAGE 17 OF 55 PAGES
AGENDA ITEM NO. 6.
(Code 2001, § 14-72; Ord. No. 21-2009, § 1, 3-3-2009)
Sec. 14-78. -Wearing of tag.
Failure of a dog or cat to wear the license tag at all times shall be prima facie evidence that no
animal license has been issued and constitutes a violation of this section by the dog's owner, possessor,
or harborer and subjects the dog to impoundment by ASC.
(Code 2001, § 14-73; Ord. No. 21-2009, § 1, 3-3-2009)
Sec. 14-79 -Wearing of a Collar or Harness.
(a) It shall be unlawful for any dog owner to fail to provide the dog with a strong and serviceable collar or
harness to which a city license and rabies tag described under this section are securely attached. The
collar or harness with the city license must be worn at all times, except during the time the dog is:
(1) Performing at shows, obedience trials, tracking tests, field trials, schools, or other events
sanctioned and supervised by a recognized organization; or
(2) Is engaged in hunting or some other activity in which a collar might endanger the safety of the
dog.
(b) It shall be unlawful for any cat owner to fail to provide the cat with a collar or harness to which a
current city license and rabies tag described under this section are securely attached. The collar
provided for a cat may be a breakaway collar to prevent the strangulation of the animal. The collar
with the city license must be worn at all times. It is a defense to prosecution that a cat is permitted as
a member of a feral cat colony, a feral nonmember cat or a designated barn cat.
Sec. 14-80. - Suspension or revocation of license.
(a) If the person holding the dog or cat license refuses or fails to comply with this chapter or any law
governing the protection of animals, official notice shall be given of the intention to suspend the
license. The license shall be revoked if evidence shows the person is not in compliance within (7)
seven days after official notice is given.
(b) A dog or cat license is automatically revoked upon receipt of official notice for any one or more of the
following reasons:
(1) Impoundment by the city two or more times during a 36-month period.
(2) Two or more convictions of a person for violating any section of this chapter.
(3) Any combination of impoundments and convictions totaling two incidents.
(c) Notice as required in this section is properly served when it is delivered to the owner, caregiver,
harborer, or possessor of the animal; or when it is sent by registered or certified mail, return receipt
requested, to the last known address of the owner, caregiver, harborer, or possessor of the animal. A
copy of the notice shall be filed in the records of the regulatory authority.
(Code 2001, § 14-74; Ord. No. 21-2009, § 1, 3-3-2009)
Sec. 14-81. — Removal of unlicensed animal.
If a dog or cat is unlicensed due to non-issuance or revocation of the license after official notice, the
owner/harborer must either immediately rehome the animal or transfer possession of the animal to the
ASC, or it will be seized by and become the property of the ASC.
PAGE 18 OF 55 PAGES
AGENDA ITEM NO. 6.
(Code 2001, § 14-75; Ord. No. 21-2009, § 1, 3-3-2009)
Sec. 14-82. - Reapplication.
Persons with a denied or revoked dog or cat license shall wait at least 60 days before making
reapplication. The application will not be accepted unless the health director or his or her designee is
satisfied that there will be compliance with this chapter. The fee for reapplication shall be set by the health
district and approved by the city council. The fee schedule will be posted at the ASC.
(Code 2001, § 14-76; Ord. No. 21-2009, § 1, 3-3-2009)
Secs. 14-83—14-105. - Reserved.
ARTICLE III. - PERMITS
DIVISION 1. -GENERALLY
Sec. 14-106. - Enforcement.
This article shall be enforced by the Animal Services Division of the Wichita Falls —Wichita County
Public Health District. All permitted/registered parties are subject to annual inspections of animals,
facilities, or dwellings. Additional inspections may occur more frequently based on concerns or complaints
received by an ACO or other authorized employee of the health district.
(Code 2001, § 14-106; Ord. No. 21-2009, § 1, 3-3-2009)
Sec. 14-107. - Permit exemptions.
(a) Veterinary clinics, veterinary hospitals, and animal clinics. Veterinary clinics, veterinary hospitals,
animal clinics, and related practices of veterinary medicine shall be exempt from this article.
(b) Certain other facilities. Stock shows; sanctioned animal shows; slaughterhouses; rodeo arenas;
governmental agencies including public schools, laboratories, animal reclaim centers, and research
facilities approved by the ASC may be exempt from this article.
(Code 2001, § 14-107; Ord. No. 21-2009, § 1, 3-3-2009)
Sec. 14-108. - Keeping of permitted animals.
An owner, harborer, or caretaker of an animal is required to provide any animal in their care with humane
care and treatment as follows:
(a) Access to an adequate supply of fresh air.
(b) Access to fresh, clean, potable water.
(c) Access to species-specific food.
(d) Physical activity.
(e) Access to shelter and shade as defined in this chapter.
(f) Access to veterinary care as needed to prevent suffering.
(g) Access to grooming.
Sec. 14-109. Sanitation, odor, and vector control.
PAGE 19 OF 55 PAGES
AGENDA ITEM NO. 6.
Every owner, possessor, or harborer of animals, fowl, and livestock, shall comply with the following
regulations and sanitation requirements:
(a) Animal waste. Approved procedures for disposing of animal waste shall be provided. Animal
excreta should be disposed of at least weekly or more often as needed to prevent a public health
nuisance.
(b) Odor and vector control required. All persons keeping animals within the city limits shall keep all
premises, pens, or enclosures in such a manner as not to give off offensive odors or as to breed
or attract flies and other insects. All persons shall use some form of chemical control at
reasonable intervals to keep such premises free from flies, mosquitoes, ticks, fleas, and other
vectors.
Sec 14-110. -Cage sizes.
Every owner of an animal shall confine the animal in an enclosure sufficient to prevent it from
running at large. Such enclosure shall be of sufficient size to maintain the animal comfortably and in good
health. The animal must be able to stand, turn around, sit, and lie down in a natural position.
Sec. 14-111. - Inspection prerequisite to issuance of permit.
(a) An ACO shall be required to inspect the premises prior to issuing a permit required by this article.
ASC has the right to inspect the premises, including animals, livestock, and fowl at any time during
normal business hours. Inspection shall occur annually or more often based on any complaint or
concern received by the health director or his/her designee.
(b) All dogs, cats, and ferrets owned by the permit holder or residing at the permitted property must 19e
microchipped, have a current city license;and a current rabies vaccination certificate.
(c) If the person requesting a permit is not the owner of the property, written and notarized permission
must be obtained from the property owner, and a copy provided to the ASC with the initial application,
and annually thereafter with renewal.
(Code 2001, § 14-111; Ord. No. 21-2009, § 1, 3-3-2009)
Sec. 14-112. — Issuance, term, and application for renewal of permits.
(a) A permit required by this article shall be issued after approval of the application, inspection of
premises, and receipt of the fee. The permit shall be displayed in a prominent place on the premises.
The permit shall remain in effect for one calendar year from the date of issuance unless suspended or
revoked.
(b) Application for renewal of a permit and payment of the fee may be made one month prior to
expiration, but the effective date of the permit shall coincide with the expiring permit date, and the fee
will be for a full year from that date.
(c) Any reapplication fee that is not submitted by the due date will be subject to a late fee, and citations
may be issued for operating without a permit.
(Code 2001, § 14-112; Ord. No. 21-2009, § 1, 3-3-2009)
Sec. 14-113. - Reclassification and fee adjustment of permits.
PAGE 20 OF 55 PAGES
AGENDA ITEM NO. 6.
Any person who has a change of category under which a permit was issued pursuant to this article
shall be subject to reclassification, and appropriate adjustment of the permit fee will be made.
(Code 2001, § 14-113; Ord. No. 21-2009, § 1, 3-3-2009)
Sec. 14-114. - Denial of permit.
(a) No permit required by this article shall be issued if the applicant has:
(1) Withheld or falsified information on the application.
(2) Failed to comply with any section of this article.
(b) No permit required by this article shall be issued if the applicant has been:
(1) Convicted two or more times for violating any section or combination of sections of this
chapter.
(2) Been convicted of inhumane or cruel treatment to animals.
(Code 2001, § 14-114; Ord. No. 21-2009, § 1, 3-3-2009)
Sec. 14-115. - Reapplication period upon denial of the permit.
If a permit required by this article is denied, reapplication cannot be made for at least sixty (60) days.
Each reapplication shall be accompanied by a fee in addition to the permit fee. The reapplication fee is
nonrefundable.
(Code 2001, § 14-115; Ord. No. 21-2009, § 1, 3-3-2009)
Sec. 14-116. - Suspension of the permit.
(a) The health district may, upon official notice, suspend a permit issued pursuant to this article for the
following reasons:
(1) Animals are being deprived of necessary food, water, care, or shelter, as outlined in this
chapter.
(2) Animals are cruelly confined or treated inhumanely.
(3) Unsanitary conditions exist that create a medium for the transmission of disease to animals
or humans.
(4) Noncompliance with any section of this chapter.
(b) The health director or his or her designee has the right to take photographs and gather evidence on
the premises to document any of the reasons for suspension.
(c) No animal covered by the suspended permit shall be accepted or placed on the property after
suspension of the permit.
(Code 2001, § 14-116; Ord. No. 21-2009, § 1, 3-3-2009)
Sec. 14-117. - Lifting of suspension and reinstatement of permit.
If all violations and unsatisfactory conditions have been corrected within ten (10) days, the health
district may reinstate a suspended permit issued pursuant to this article after reinspection. A reinspection
PAGE 21 OF 55 PAGES
AGENDA ITEM NO. 6.
shall be made as soon as practical but not more than five (5) working days after receiving a written
request for such inspection by the person to whom the permit was issued.
(Code 2001, § 14-117; Ord. No. 21-2009, § 1, 3-3-2009)
Sec. 14-118. - Revocation of permit.
If no written request for reinspection has been received after ten (10) days from suspension of a
permit issued pursuant to this article, or if satisfactory corrections have not been made, the health district
shall give official notice that the permit shall be revoked after the expiration of five (5) calendar days. The
city is not liable to refund any part of the permit fee. No animal covered by the permit shall be on the
property during the time of suspension/revocation.
(Code 2001, § 14-118; Ord. No. 21-2009, § 1, 3-3-2009)
Sec. 14-119. - Reinstatement of the permit after revocation.
(a) No person who has had a permit pursuant to this article revoked may apply for a new permit for a
period of one (1) calendar year from the date of revocation. No permit shall be issued if the person
has been convicted of abuse to animals.
(b) If less than one (1) year after revocation, another owner applies for a permit at the same location
where a permit was revoked, the person whose name appears on the revoked permit may in no way
be associated with the new operation, including any financial interest, or the permit will be revoked
and legal action may be taken against both parties.
(c) If a permit is issued, the applying individual will be placed on a compliance plan with an increased
inspection schedule. A fee will be charged for each inspection.
(Code 2001, § 14-119; Ord. No. 21-2009, § 1, 3-3-2009)
Sec. 14-120. - Right to hearing
A person who has had a permit denied, suspended, or revoked shall be entitled to appeal the
decision as set forth in Article VIII of this chapter.
Sec. 14-121. Seizure warrant.
Failure to comply with any of these regulations or failure to obtain a permit may result in a seizure
warrant being obtained and all animals being removed from the property.
Secs. 14-122 - 14-149. - Reserved.
DIVISION 2. - COMMERCIAL ANIMAL ESTABLISHMENTS
Subdivision I. - In General
Sec. 14-150. - Permit required.
(a) No person shall operate a commercial animal establishment without first obtaining the necessary
permit in compliance with this article.
PAGE 22 OF 55 PAGES
AGENDA ITEM NO. 6.
(b) Commercial animal establishments seeking a permit and commercial permit holders are required to
meet all applicable general permit requirements as set out in this chapter, as well as any additional
requirements for their specific permit.
(c) The annual fee for these permits shall be set by the health district and approved by the city council.
The fee schedule will be posted at the ASC.
(Code 2001, § 14-146; Ord. No. 21-2009, § 1, 3-3-2009)
(Code 2001, § 14-147; Ord. No. 21-2009, § 1, 3-3-2009; Ord. No. 11-2014, § 2, 4-1-2014)
Sec. 14-151. -Separate enterprises.
Each commercial animal establishment, even though owned by the same person or group, is
considered a separate enterprise, and each must possess a permit. If the establishment moves to
another location or if there is a change of ownership, another application and fee for the permit are
required.
(Code 2001, § 14-148; Ord. No. 21-2009, § 1, 3-3-2009)
Sec. 14-152. - Fowl, rabbits, guinea pigs, or ferrets for commercial purposes.
(a) Where such fowl or animals are kept for sale or for any purpose other than domestic use or home
consumption, the owner, possessor, or harborer of any domestic fowl, rabbits, guinea pigs, or ferrets
shall meet the following requirements:
(1) Animals must be kept in batteries or coops arranged inside of buildings. Animals or fowl may
not roam in open pens on the ground.
(2) Sanitary conditions in the housing area must be maintained by removing all droppings from
such buildings, batteries, or coops at least once daily.
(3) Buildings, batteries, or coops must be disinfected and deodorized at least once each day.
(b) Any such building must be at least 50 feet from any residence other than the harborer's.
(Code 2001, § 14-419; Ord. No. 21-2009, § 1, 3-3-2009)
Sec. 14-153. Grooming Business Permit.
A grooming business permit shall be required for every person operating a business, including a
mobile business that provides grooming.
(a) Standard of care
(1) No animal shall be left unattended, whether restrained or unrestrained, while on a grooming
table, in a bathing area, or in the drying area.
(2) No animal shall be groomed without a valid rabies vaccination certificate.
(3) Animals shall be cared for and maintained to the minimum standards of Sec. 14-108
(4) There must be a process in place to sanitize and disinfect all equipment and cages. A copy of
this process must be made available to the ACO at the time of permit inspection and anytime
thereafter.
(b) Record keeping
(1) Each grooming business, including mobile businesses, shall keep and maintain records
regarding the animals cared for and the owner thereof. Such records shall include name,
PAGE 23 OF 55 PAGES
AGENDA ITEM NO. 6.
contact number, and address of the owner, as well as rabies vaccination certificate, services
provided, and the date such services were provided.
(2) Records for each animal shall be maintained for a minimum period of one (1) year from the
date of service.
(3) Records shall be made available to persons authorized by law to enforce the provisions of
this article.
(Code 2001, § 14-150; Ord. No. 21-2009, § 1, 3-3-2009)
Sec. 14-154. —Kennel permit.
A kennel permit shall be required for a commercial operation wherein one or more dogs and/or one
or more cats, 16 weeks of age or older, are kept or maintained for profit including animal daycare
facilities. Permit holders must meet the following requirements:
(a) A person permitted as a kennel operator may not accept any animal for boarding without first
confirming that the animal has a current rabies vaccination.
(b) If the owner of the kenneled animal resides within the city limits of Wichita Falls, the animal must
be microchipped and have a valid city license.
(c) Facilities/premises shall be of sufficient size with an adequate number of enclosures to accommodate
the number of animals being harbored. Each enclosure shall be of adequate type and size as defined
in Sec. 14-110.
(d) Food and potable water must be provided to each animal sufficient to maintain each in good health
and free of malnutrition and/or dehydration.
(e) The premises shall be kept in a sanitary condition and reasonably free of animal waste, parasites,
insects, and flies that could be harmful to the animal's health and/or to the health of the public.
(f) The premises shall be adequate to keep the animals from running at large and disturbing adjoining,
adjacent, or neighboring premises.
(g) The animals and the facility must be kept free of any odor that is offensive to a person of ordinary
sensibilities.
(h) The animals must be maintained in a manner that does not pose a danger to the health of any animal
or their caregiver.
(i) The animals must not cause noise that is offensive or disturbing to a person of ordinary sensibilities
on adjoining, adjacent, or neighboring premises.
(j) The premises must comply with all zoning, code, and health regulations.
(k) No person shall keep, possess, or maintain within the city limits a kennel within 300 feet of any
residence or habitation for human beings, other than the residence of the keeper, possessor, or
owner of such kennel.
(I) A kennel in existence and in operation on June 8, 1985, shall be allowed to remain in existence within
300 feet of any residence only so long as the place of business is continuously in operation from that
date, whether or not under the same permit.
(Code 2001, § 14-176; Ord. No. 21-2009, § 1, 3-3-2009) (Code 2001, § 14-178; Ord. No. 21-2009, § 1, 3-
3-2009)
Sec. 14-155. - Performing animals, petting zoos, circuses.
A permit shall be required for any establishment wishing to have any spectacle, display, act, or event
in which animals, fowl, livestock, or wildlife perform and/or interact with people who are allowed to pet and
feed the animals.
PAGE 24 OF 55 PAGES
AGENDA ITEM NO. 6.
(a) The owner of such commercial business shall meet the following requirements:
(1) Petting zoos and performing animal establishments must call and schedule a permit
inspection to be held within normal operating hours of the ASC. These permits will be valid
for one (1) year.
(2) Circuses must call the ASC no later than ten (10) days prior to the event and schedule a
permit inspection to be held within normal operating hours of the ASC. The permit will only be
valid for the current show dates scheduled.
(3) Must provide to the ASC a copy of a Certificate of Health for each qualifying animal from a
licensed veterinarian. The certificate must be dated within thirty(30) days for all animals
requiring a certificate.
(4) Must provide to the ASC a copy of an official report of a negative Equine Infectious Anemia
test (EIA or Coggins test) dated within the past twelve (12) months for any equine present.
(5) Must provide to the ASC a copy of the current rabies vaccination certificate for every animal
mandated by the state to be vaccinated against rabies.
(6) Must provide a copy of any required State or Federal permits needed for any animal on site.
(7) Failure to provide all required documentation will result in a permit not being issued.
(8) No performing animal exhibition or circus shall be permitted in which performing animals are
induced or encouraged to perform for entertainment through the use of chemical, mechanical,
electrical, or manual devices in a manner which will cause or is likely to cause stress,
physical injury, or suffering to the performing animal.
(9) All equipment used on a performing animal shall fit properly and shall be in good working
condition.
(b) Additional requirements for petting zoos, performing animals, and animal rides:
(1) Must have sanitization stations at both the entrance and exits.
(2) Must provide adequate shade for all animals.
(3) All animals must have fresh, potable water available at all times.
(4) Animals may not be overworked and shall have a designated shaded area to rest.
(Code 2001, § 14-387; Ord. No. 21-2009, § 1, 3-3-2009)
Sec. 14-156. - Pet store permit.
Any person, partnership, company, or corporation, whether operated separately or in connection with
another business enterprise, that buys or sells any species of animal is required to have a pet store
permit.
(a) Dogs and/or cats offered for sale or adoption must be from an approved rescue or shelter and
accompanied by a current rabies vaccination certificate. A pet store shall not be in possession of a
dog or cat that is less than eight (8) weeks old.
(b) A pet store shall not sell or offer for sale any animal that is un-weaned.
(c) A pet store shall not adopt or offer to adopt, sell or offer for sale any animal that is younger than the
minimum age listed below:
(1) 8 weeks for dogs and cats, or
(2) 10 weeks for rabbits, or
(3) 4 weeks for guinea pigs and hamsters, or
(4) 3 weeks for mice.
(d) Animals shall be cared for and maintained to the minimum standards of Sec. 14-452.
PAGE 25 OF 55 PAGES
AGENDA ITEM NO. 6.
(e) Must comply with all zoning, code compliance, and health regulations.
(f) Pet stores located in shopping centers or malls are subject to the following requirements:
(1) The pet store shall be in an enclosed area separated by walls from adjoining stores.
(2) The pet store shall not be located closer than 50 feet to any eating or drinking establishment.
(3) Air conditioner ducts removing air from the pet store must be directed outward and not
directly into another shop or the shopping center or mall.
(4) Any animal sold in the pet store must be carried from the shopping center or mall in a box,
crate, or appropriate container.
(Code 2001, § 14-150; Ord. No. 21-2009, § 1, 3-3-2009)
Sec. 14-157. - Private animal shelter permit.
(a) The facility/premises must be an adequate size for the number and type of animals to be kept.
(b) EnclosuresThe facilities/premises shall be of sufficient size as to allow animals to move about freely.
This shall apply to each animal kept.
(c) Cage size shall be in proportion to the size of the individual animal's height and weight.
(d) Shelters must check for ID, including microchips, tattoos, etc., at the time of intake and at points
throughout the stay including before adoption, transfer to another facility, and euthanasia.
(e) Shelters shall serve notice to identified owners of stray animals.
(f) Shelters shall provide public notice, appropriate to the community of stray animals entering the
shelter.
(g) Shelters shall be accessible to the public during business hours for the reclamation process.
(h) Records and data concerning key processes, information, and outcomes must be maintained by all
shelters and made available to the public upon request.
(i) Adequate food and potable water must be provided so that all animals kept shall be maintained in
good health and free of malnutrition and/or dehydration.
(j) The shelter premises shall be kept in a sanitary condition and reasonably free of animal waste,
parasites, insects, and flies that could be harmful to the animal's health and/or to the health of the
public.
(k) The shelter premises shall be adequate to keep the animals from running at large and disturbing
adjoining, adjacent, or neighboring premises.
(I) The animals and the facility must be kept free of odor that is offensive to a person of ordinary
sensibilities.
(m) AThe animals must be maintained in a manner that does not pose a danger to the health of any
animal or their caregiver.
(n) All animals should either be spayed/neutered prior to adoption, or the shelter shall have a lawful
process in place to ensure the spay/neuter occurs when the animal is of an appropriate age.
(o) The animals must not cause noise that is offensive or disturbing to a person of ordinary sensibilities
on adjoining, adjacent, or neighboring premises.
(p) The shelter must comply with all zoning, code, and health regulations.
(p)(q) People-bringing in animals must provide valid government ID, and the shelter shall maintain
this information in their designated system.
Sec. 14-158. -Stable/riding school permit.
(a) Stables/riding schools must meet all requirements of the livestock permit in Sec. 14-198.
(b) -Livestock kept for the purpose of a riding school or stable will be classified as such.
PAGE 26 OF 55 PAGES
AGENDA ITEM NO. 6.
(c) Stables/riding schools must maintain and provide records of a negative Equine Infectious Anemia test
(EIA or Coggins test) dated within twelve (12) months for each equine on the property.
Secs. 14-159 - 14-195. - Reserved.
DIVISION 3. - RESIDENTIAL PERMITS
Subdivision 1. In General
Sec.14— 196. — Permit required.
(a) No person shall own or harbor any of the following categories of animals that require a permit, without
first obtaining the necessary permit in compliance with this article.
(b) Persons seeking a permit and permit holders are required to meet all applicable general permit
requirements as set out in this chapter, as well as any additional requirements for each specific
permit.
(c) The annual fee for these permits shall be set by the health district and approved by the city council.
The fee schedule will be posted at the ASC.
Sec. 14-197. - Fowl permit.
(a) A fowl permit shall be required for any person owning, possessing, or harboring any fowl within the
city limits. An annual permit fee shall be set by the health district and approved by the city council.
The fee schedule will be posted at the ASC.
(b) Permit holders:
(1) Must ensure a 75-foot setback for any coop, pen, or housing utilized for fowl from any
residence excluding the residence of the owner or harborer of the fowl.
(2) Must maintain a minimum of 12 square feet of floor or ground area for each fowl.
(3) Must maintain any structure housing fowl by thoroughly cleaning the area at least weekly to
ensure there are no noxious and unpleasant odors emitted from the structure.
(4) Must ensure any structure used to house fowl is treated with an approved disinfectant at least
once every six(6) months to discourage insects, flies, ticks, mites, mosquitoes, and flies.
(c) No person shall:
(1) Keep any fowl within the city who does not possess a valid permit from the ASC.
(2) Own, possess, or harbor guineas, peafowl, or roosters.
(3) Keep any fowl in violation of any other section of this chapter.
(Code 2001, § 14-109; Ord. No. 21-2009, § 1, 3-3-2009)
Sec. 14-198. - Livestock permit.
(a) A livestock permit shall be required for any person keeping livestock within the city limits as allowed
by this chapter. The annual fee for the permit shall be set by the health district and approved by the
city council. The fee schedule will be posted at the ASC.
(b) -All livestock permits shall be renewed on an annual basis. The annual fee for the permit shall be set
by the health district and approved by the city council. The fee schedule will be posted at the ASC.
(c) No person shall keep any livestock within the city who does not possess a valid permit from the ASC.
PAGE 27 OF 55 PAGES
AGENDA ITEM NO. 6.
(d) It shall be unlawful for any person owning or having control over any livestock to keep livestock,
regardless of whether livestock is kept for personal use or for commercial purposes unless a livestock
permit has been obtained from the ASC.
(e) Setback required; minimum space required. No livestock shall be kept or maintained at a distance
closer than 200 feet from any residence located on property owned by another person. All such
livestock shall be maintained on a properly fenced parcel of land, providing a minimum of 600 square
feet of area for each head of livestock. Livestock shall have shelter and shade of reasonable size for
the number of livestock to be protected as provided in Sec. 14-452(1)(b).
(f) Odor, vector, and pest control required. Property housing livestock shall be kept free of offensive
odor, flies, rodents, and other pests.
(g) Manure container required. Each and every enclosure in or on which any livestock are kept shall have
a suitable manure container into which all manure shall be placed at least weekly or more often as
necessary. Each container shall be securely screened or otherwise protected from flies, rodents, and
other vermin and shall be cleaned out and disinfected at least weekly. Manure from containers shall
not be left in open stacks but shall be removed or buried in a manner so as not to create a public
health nuisance.
(h) It shall be unlawful for any person owning or having control over livestock to allow livestock to be at
large on public property, the property of another, or on harborer's own property with no physical
means of confinement.
(i) Livestock permits may be denied or revoked for the following reasons:
(1) Health or safety violations.
(2) Animal cruelty or neglect as defined in Sec. 42.09 Texas Penal Code.
(3) More than one citation for livestock-at-large within a permit year.
(4) Failure to obtain a livestock permit within ten (10) business days of placing livestock on
property within the city limits.
(j) If a livestock permit is denied or revoked, the applicant or permit holder will have ten (10) calendar
days from the date of denial, suspension, or revocation to remove all livestock from the city limits
before the livestock is subject to impoundment. Failure to renew the permit in accordance with this
ordinance shall presumptively be considered a revocation.
Sec 14-199. - Livestock production area.
Livestock production areas shall be exempt from the following requirements of this section: setback;
minimum space requirements; odor, vector, and pest control; and manure container requirements. All
other requirements of the ordinance shall be met.
Sec. 14-200. - Nonconforming use.
Any property issued a nonconforming use permit in operation on July 4, 1999, shall be allowed to
renew their permit annually only as long as the following conditions are met:
(a) The nonconforming use is not expanded by increasing the number and/or types of animals.
(b) The property does not change owners.
(c) The nonconforming use is continuous and not stopped for a period in excess of six (6) months.
(d) Existing structures are not extensively modified, changed, or relocated unless there is a need to
provide for the health and safety of the animals and/or the public, and remain in sound condition
except for routine maintenance and repair.
PAGE 28 OF 55 PAGES
AGENDA ITEM NO. 6.
(e) Local and State cleanliness and sanitation requirements are perpetually in compliance.
(Code 2001, § 14-110; Ord. No. 21-2009, § 1, 3-3-2009) (Code 2001, § 14-426; Ord. No. 21-2009, § 1, 3-
3-2009)
Sec. 14-201. - Pet fancier permit.
(a) A pet fancier permit shall be required for any person owning or harboring five or more animals unless
the animals are covered by another permit under this chapter.
(b) All animals must be spayed/neutered, current on rabies vaccination, licensed, and microchipped.
(1) An animal may be exempt from spay and neuter requirements upon proof of current proof of
registration with a recognized national show organization.
(c) The annual fee for the permit shall be set by the health district and approved by the city council. The
fee schedule will be posted at the ASC.
(d) A pet fancier permit may be denied for the following reasons:
(1) If the director or his or her designee makes a determination that the prospective pet fancier
does not have adequate property or facilities to ensure the animals do not disturb any
neighbors.
(2) Sanitation for the number of animals permitted is not appropriately and safely addressed.
(3) The owner has received two or more documented violations in the past twelve (12) months.
(4) The number of animals allowed will be based on adequate housing space as determined by
the size of animals being housed.
(Code 2001, § 14-206; Ord. No. 21-2009, § 1, 3-3-2009)
Sec. 14-202. - Project animal permit.
(a) School-age children enrolled in a public or private school which offers programs in which class
participants are required or allowed to raise project animals, livestock, or fowl for show or profit
purposes may apply for a permit to keep certain prohibited animals, livestock, or fowl for the school
project, even though the property may not be fully in compliance with the setback requirements of this
article. Those students are required to:
(1) Apply for an annual project animal permit. Permits will run concurrently with the school year.
(2) Pay the annual permit fee.
(3) Show proof of enrollment in one of the listed school programs.
(4) Agree to comply with cleanliness and sanitation requirements of this article and the State
Health and Safety code.
(5) Obtain the approval, in writing, of all property owners located within 200 feet of the property.
(6) Allow inspection of the animal, livestock, or fowl, as well as pens, facilities, and property
before issuance of the permit by ASC staff.
(b) Failure to comply with any of the requirements of this section will result in denial of the necessary
permit. Permits are nontransferable and are revoked upon either the student's graduation from high
school, dropping the class, or nonattendance by the student.
(Code 2001, § 14-425; Ord. No. 21-2009, § 1, 3-3-2009)
PAGE 29 OF 55 PAGES
AGENDA ITEM NO. 6.
Sec. 14-203. - Rabbit permit.
(a) A rabbit permit shall be required for any person owning, possessing, or harboring any rabbit kept
outside within the city limits.
(b) Permit holders:
(1) Must ensure a 50-foot setback for any cage or enclosure utilized for housing rabbits from any
residence excluding the residence of the owner or harborer of the rabbit.
(2) Must maintain cages and enclosures by cleaning weekly to ensure the area is free of waste
matter, insects, and odor.
(3) Must collect droppings at least weekly as necessary to prevent a public nuisance.
(4) Must ensure droppings are stored in an airtight container for disposal at least every seven (7)
days.
(5) Must ensure cages are constructed in such a manner as to provide adequate protection from
the environment and meet the requirements of Sec. 14-452.
(Code 2001, § 14-417; Ord. No. 21-2009, § 1, 3-3-2009)
Sec 14-204. -Swine permit.
(a) Definition. For the purposes of this section, the term "pot-bellied pig" shall mean a Vietnamese pot_
bellied pig;_ Uand under no circumstances shall any swine be considered a pot-bellied pig if its weight
exceeds 125 pounds. The owner must provide proof of weight obtained at a licensed veterinary clinic
and provide paperwork during any inspection.
(b) Restrictions. It shall be unlawful for any person to keep swine, pigs, pot-bellied pigs, or hogs in the
corporate city limits.
(1) Grandfather clause. Any person holding a valid swine permit on November 15, 2019, may
continue to own/harbor a pot-bellied pig until which time the animal either dies or ownership
is transferred out of the city limits of Wichita Falls. They must continue to meet all the
requirements as set out in this chapter.
(2)The following conditions must be met for any permit holder having a valid permit as of
November 15, 2019:
i. It shall be unlawful for any person to keep, harbor, or raise more than two pot-bellied
pigs in any one location within the city limits.
ii. All pot-bellied pigs shall be kept indoors at all times, other than times for evacuation
of waste material or during exercise periods. During the time the pig is permitted
outdoors, it shall be confined within the property limits of the owner, and the owner
shall be physically present outside with the pig.
iii. All pot-bellied pigs shall be spayed or neutered on or before the age of 12 weeks. No
adult pot-belliedpotbellied pig may be kept within the corporate city limits unless its
tusks have been surgically removed and the pig has been spayed or neutered.
iv. All pot-bellied pigs shall receive annual vaccinations for erysipelas. It shall be the
responsibility of the owner of the pig or the property owner to provide proof of
vaccination at the initial permit inspection and then annually at each permit
inspection. The vaccination certificate must be from a licensed veterinarian and
include the following information:
(a) Name and address of the owner.
(b) Description of the pig.
(c) Date of vaccination.
(d) Weight of the pig.
PAGE 30 OF 55 PAGES
AGENDA ITEM NO. 6.
(3)The annual permit fee shall be set by the health district and approved by the city council. The
fee schedule will be posted at the ASC.
(4) Landlord permission, as evidenced by a signed and notarized statement of the property
owner, must be obtained annually prior to the inspection in order to receive a permit for a pot-
bellied pig.
(c) Exceptions to this section shall be as follows:
(1) Veterinary facilities. Veterinary hospitals, clinics, and related practices of veterinary medicine
shall be exempt from this section.
(2) Other facilities. Stock shows; livestock auctions; slaughterhouses; public zoos; governmental
agencies including public schools, laboratories, certain school project animals, and research
facilities approved by the director of health may be exempt from this section.
(Code 2001, § 14-421; Ord. No. 21-2009, § 1, 3-3-2009)
Secs. 14-205 - 14-217. - Reserved.
DIVISION 4. — FERAL CAT MANAGEMENT
Sec. 14-218. - License or feral cat permit required for cats.
No person shall harbor any cat that is not either a licensed cat, is not covered by a feral cat permit or
which is not a non-member feral cat.
(Code 2001, § 14-207; Ord. No. 21-2009, § 1, 3-3-2009)
Sec. 14-219. -Application for permit to act as a feral cat caregiver.
(a) Application for a permit to act as a feral cat caregiver must be made to the health director or his or her
designee.
(b) Upon a determination by the health director or his or her designee that the prospective feral cat
caregiver and prospective cat colony location will meet the requirements in this division, the health
director will issue a permit to create and maintain a cat colony. Permits issued under this section are
valid for a period of one (1) year. The feral cat caregiver must either apply for renewal of the permit or
disband the colony upon expiration of the permit.
(c) The health director or his or her designee may deny a permit for a cat colony if the director deems
that the colony would be detrimental to the prospective member cats or the neighborhood in which
the colony is to be located.
(d) The health director is authorized to require an annual permit fee to accompany each application for a
permit.
(e) Permits are specific as to the individual permitted as the feral cat caregiver and the location of the
colony. Individuals wishing to transfer a cat colony to another caregiver or another location must
make an application for a new permit and pay a permit fee.
(Code 2001, § 14-208; Ord. No. 21-2009, § 1, 3-3-2009)
Sec. 14-220. - Required permissions for permitted cat colony.
(a) No permit shall be issued for a cat colony location until the prospective feral cat caregiver presents to
the health director written permission for a cat colony signed by every property owner, where a
PAGE 31 OF 55 PAGES
AGENDA ITEM NO. 6.
shared property line existse4c+s4 for the proposed location of the cat colony. Such permission is valid
for three (3) years or until the property is transferred to another party. Written permission must be
obtained any time permission expires due to length of time or transfer of property.
(b) In lieu of written permission from the property owner of a location, a prospective feral cat caregiver
may document an inability to determine or contact the property owner of that location. This
documentation shall include a copy of the property owners contact information on file with the county
appraisal district and a sworn affidavit detailing the manner and frequency of the attempts to locate or
contact the property owner by the prospective feral cat caregiver. The affidavit shall also swear that
the prospective feral cat caregiver has no reason to believe that the property owner in question is
opposed to the presence of a cat colony at the prospective cat colony location.
(c) A colony shall not be located on a sidewalk. Feral cat feeding locations may be in an alleyway, but
may not be placed in a manner as to obstruct the alleyway.
(d) The feral cat caregiver either must be the property owner of the cat colony location or have written
permission from the property owner of the location in order to obtain a permit for the desired location.
(Code 2001, § 14-209; Ord. No. 21-2009, § 1, 3-3-2009; Ord. No. 26-2009, § 1, 4-21-2009)
Sec. 14-221. -Creation of a cat colony.
It shall be the caregivers responsibility to ensure every member cat will be trapped and inspected by
a veterinarian for illness or injury within 120 days of granting of the cat colony permit. Any adult cat
determined to be in good health at the time of the initial trapping will be microchipped, vaccinated,
spayed/neutered, and subjected to ear tipping prior to its being returned to the cat colony. Any adult cat
determined to be injured or in poor health at the time of the initial trapping will be provided with veterinary
care sufficient to return it to good health, and then microchipped, vaccinated, spayed/neutered, and
subjected to ear tipping prior to its being returned to the cat colony. In the alternative, any adult cat
determined to be injured or in poor health at the time of the initial trapping may be fostered„adopted with
the acknowledgement;of any health condition and needed treatment or euthanized.
(Code 2001, § 14-210; Ord. No. 21-2009, § 1, 3-3-2009)
Sec. 14-222. - Maintenance of a cat colony.
(a) Feral cat caregivers are expected to follow the TVARM (trap, vaccinate, alter, return, and manage)
form of feral cat colony management guidelines.
(b) Member cats are to be provided with adequate food and potable water as defined by Sec. 14-452.
(c) Kittens found to be at a cat colony location will be trapped and removed from the colony by the feral
cat caregiver when the kittens are between eight (8) and sixteen (16) weeks of age. Removed kittens
are to be either domesticated and fostered in a foster home for adoption into permanent homes or
euthanized.
(d) A feral cat caregiver shall immediately trap and remove from the colony any sick or injured member
cat found to be at the colony location. A sick or injured member cat shall either be oit .er provided with
veterinary care sufficient to return it to good health prior to its being returned to the registered cat
colony, fostered, adopted, or euthanized.
(e) All member cats shall be vaccinated against rabies when trapped for any reason.
(f) A feral cat caregiver shall keep records for the registered cat colony, including a photograph,
documentation of sterilization, and rabies certificates for each member cat. These records will be
provided to the health director or his/her designee upon request.
PAGE 32 OF 55 PAGES
AGENDA ITEM NO. 6.
(g) A feral cat caregiver must use feeding strategies that do not attract wildlife (e.g., designated feeding
stations, distributing only the amount of food to be consumed by member cats.) All unfinished food
and trash shall be removed on a daily basis so as not to create a nuisance.
(h) The caregiver permit shall be posted and visible at all times.
(Code 2001, § 14-211; Ord. No. 21-2009, § 1, 3-3-2009)
Sec. 14-223. - Revocation of a permit to act as a feral cat caregiver to a cat colony.
(a) The health director may revoke the permit to act as a feral cat caregiver to a cat colony if there is
probable cause to believe that a cat colony does not comply with this division. The director shall send
written notice of revocation to the feral cat caregiver. Upon written notice of revocation by the director,
a feral cat caregiver shall have seven (7) calendar days from the date of the issuance of the notice to
file written appeal under Sec. 14-519 or disband the colony by trapping and relocating, adopting out,
or euthanizing the member cats. If a feral cat caregiver fails to disband the colony or file written
appeal within seven (7) days under Sec. 14-519, the director or his or her designee may authorize the
ASC to trap and impound the member cats, and the caregiver may be subject to citation.
(b) Notice as required in this section is properly served when it is delivered by hand to the feral cat
caregiver, or when it is sent by registered or certified mail, return receipt requested, to the last known
address of the feral cat caregiver. A copy of the notice shall be filed in the records of the health
director or his/her designee.
Sec 14-224. Feral non-colony member cat management.
(a) Must be comprised of 4 or fewer cats
(b) Must meet all above requirements with the exception of Sec. 14-220 (a) and (b).
(Code 2001, § 14-212; Ord. No. 21-2009, § 1, 3-3-2009)
Sec. 14-225. -Other laws to apply.
Nothing in this division shall be construed as excusing a cat colony location or a feral cat caregiver
from all other pertinent laws, including those prohibiting nuisances or disturbances.
(Code 2001, § 14-213; Ord. No. 21-2009, § 1, 3-3-2009)
Secs. 14-226 - 14-241. - Reserved.
DIVISION 5. -ANIMAL RESCUE GROUPS
Sec. 14-242. — Rescue group registration.
Any individual or organization that operates as a rescue group, or rescuer, must be registered with
the ASC.
(a) Rescue groups shall comply with the following requirements:
(1) Sign a written agreement provided by the ASC providing the address of their main office.
(2) Agree to spay/neuter and microchip all dogs, cats, and ferrets in the rescue program.
PAGE 33 OF 55 PAGES
AGENDA ITEM NO. 6.
(3) Have written processes in place to screen and place animals in foster homes. The process
shall be available upon request.
(4) Provide a list of registered foster homes to the ASC, including the name and address of each.
The list shall be updated anytime a foster is added or removed from the list.
(5) Ensure foster homes are in compliance with all city ordinances, including the number of
animals allowed, prior to placing them on the approved foster home list.
(b) No person shall house domestic animals for the purpose of foster care unless that person is
registered as a foster with an approved rescue group.
(Code 2001, § 14-215; Ord. No. 21-2009, § 1, 3-3-2009)
Sec. 14-243. Animal foster home requirements.
(a) Fostered animals are to be provided with adequate food, potable water, shelter, and shade as defined
by Sec. 14-452.
(b) The foster home must provide an area in which to segregate newly fostered animals until those
animals can be socialized with other animals living in the foster home.
(c) The number of animals allowed to be fostered at a location shall be based on adequate housing
space as determined by the size of animals being housed.
(d) All cats and kittens over the age of sixteen (16) weeks who are fostered animals must be vaccinated
against rabies.
(e) All dogs and puppies over the age of sixteen 16 weeks who are fostered animals must be vaccinated
against rabies.
(f) Foster caregivers shall obtain a city license for any animal remaining in the home for more than six
(6) months. A fostered animal remaining in the home for more than twelve (12) months will no longer
be considered a foster animal; such animals will be considered owned animals and owners will be
required to meet all obligations of ownership. Rescue groups may apply to the health director or their
designee for an extension of up to one (1) year.
(g) The foster home shall keep records for each fostered animal, including a rabies certificate and
documentation for the length of time the animal has been in the foster home. These records will be
provided to the health director or his/her designee upon request.
(h) The foster either shall either be the owner of the property where the foster home is located or have
notarized written permission of the owner of the property in order to participate as a foster home.
Written, notarized permission from a property owner must be provided annually or upon request of
the health director or his/her designee.
Sec.14-244. Foster home complaints.
(a) Foster homes shall consent to inspection of the premises by the ASC during regular business hours
in response to a complaint.
(b) The ASC officer who responds to a complaint at a registered foster home will inform the foster home
of the nature of the complaint.
(c) Failure to rectify any violations will result in the suspension of foster home designation until the
violations are corrected.
(d) The rescue group under which the foster home operates will be notified of any complaint and findings.
The rescue group will remove the foster home from their approved foster home list if any violations
are not remedied to the satisfaction of the health director or his/her designee.
PAGE 34 OF 55 PAGES
AGENDA ITEM NO. 6.
(Code 2001, § 14-216; Ord. No. 21-2009, § 1, 3-3-2009)
Sec. 14-245. -Other laws to apply.
Nothing in this division shall be construed as excusing an animal foster home or an animal foster
home caregiver from all other pertinent laws, including those prohibiting nuisances or disturbances.
(Code 2001, § 14-219; Ord. No. 21-2009, § 1, 3-3-2009)
Secs. 14-246 - 14-270. - Reserved.
DIVISION 6. - BREEDING, SALE, AND TRANSFER OF DOGS AND CATS
Sec. 14-271. - Litter permit.
(a) Any person whose female dog or cat of breeding age has a litter must either obtain a litter permit prior
to breeding or as soon as the owner becomes aware the animal is pregnant. The owner must show
proof of a health certificate by a licensed veterinarian dated within the past twelve (12) months. The
issuance of a permit authorizes the whelping of no more than one (1) litter per female dog or cat in
any twelve (12) month period. Each permit applicant shall be required to take the Responsible Pet
Owner course offered by the ASC as part of the permit application process.
(b) If, after notice, a person fails to obtain a permit, the ASC shall be authorized to impound the female
dog or cat and the litter in addition to any other available remedies outlined herein.
(c) The litter permit number shall be prominently displayed in all advertisements, notices, or displays of
the litter for offers to give away or sell any members of the litter.
(d) Instead of applying for a litter permit, an owner may choose to prepay for a spay surgery at the
veterinary clinic of their choice. The owner shall present a receipt of payment along with a scheduled
appointment to the ASC. The litter permit fee will be waived with proof of payment for sterilization and
scheduled appointment as it applies in accordance with this section only. The female must be spayed
within thirty(30) days after weaning the litter and the owner shall bring proof of the animal's
sterilization to ASC within thirty-five (35) days.
(e) It shall be illegal to sell or give away animals in parking lots, flea markets, temporary events, or in
places where the public generally gathers.
(f) The owner must maintain records of all animals given away or sold, including the name, address,
phone number, and date of transfer for all individuals to whom an animal is transferred. Records must
be maintained for one (1) year from date of transfer.
(g) A female may have no more than three (3) litters in her lifetime. The female must be spayed within
thirty(30) days after weaning her third litter.
(Ord. No. 11-2014, § 1, 4-1-2014)
Sec. 14-272. - Stud permit.
(a) Any person who owns or harbors a male dog or cat and wishes to breed this animal with any female
dog or cat must obtain a stud permit and furnish a copy of the permit to the owner of the female
animal prior to breeding. An applicant must show proof of a veterinary health certificate dated within
the past 12 months prior to obtaining a permit. Each permit applicant shall be required to take the
Responsible Pet Owner course offered by the ASC as part of the permit application process.
(b) A person commits an offense if he breeds a male animal without a permit or permits a male animal to
be bred with a female animal without receiving a copy of the valid stud permit for the male animal.
PAGE 35 OF 55 PAGES
AGENDA ITEM NO. 6.
(Ord. No. 11-2014, § 1, 4-1-2014)
Sec. 14-273. - Seller's permit.
(a) Any person who sells or offers for sale one or more puppies or kittens must obtain a seller's permit
prior to or within ten (10) business days of the litter's birth. Each seller's permit shall be valid for six
(6) months, and the issuance of a permit authorizes the breeding and sale of no more than one (1)
litter per female dog or cat in any twelve (12) month period. Each permit applicant shall be required to
take the Responsible Pet Owner course offered by ASC as part of the permit application process.
(b) The seller's permit number shall be prominently displayed in all advertisements, notices, or displays
for sale of the puppies or kittens.
(c) A seller's permit holder shall provide a purchaser a certificate of health from a veterinarian, for a
period of not less than two (2)weeks with a recommendation to have the animal examined by a
licensed veterinarian.
(d) The owner must maintain records of all animals given away#aincludinj the name, address, phone
number, and date of transfer for all individuals to whom an animal is transferred. Records must be
maintained for one (1) year from the date of transfer.
(e) If, after notice, a person fails to obtain a permit, the department shall be authorized to impound the
puppies or kittens in addition to any other available remedies.
(f) The animal owner may choose to prepay for a spay surgery at the veterinary clinic of their choice.
The owner shall present proof of payment and appointment date to the ASC. The female must be
spayed within thirty(30) days of weaning the litter, and the owner shall bring proof within thirty-five
(35) days of the animal's sterilization to the ASC. Upon proof of sterilization payment and
appointment, the seller's permit fee will be waived as it applies in accordance with this section only.
(g) It shall be illegal to sell or give away animals in parking lots, flea markets, temporary events, or in
places where the public generally gathers_
(h) A female may have no more than three (3) litters in her lifetime. The female must be spayed within
thirty(30) days of weaning her third litter.
(Ord. No. 11-2014, § 1, 4-1-2014)
Sec. 14-274. - Prohibiting the transfer of unweaned dogs or cats.
(a) It shall be unlawful for any person to transfer or offer to transfer any puppy or kitten under the age of
eight (8) weeks unless the puppy or kitten is transferred to:
(1) Animal services;
(2) Any tax-exempt nonprofit organization founded for the purpose of providing humane
sanctuary or shelter for abandoned or unwanted animals; or
(3) Any recognized rescue organization that is currently approved by the ASC.
(b) It shall be a defense to prosecution that the puppy or kitten was transferred with its mother.
(Ord. No. 11-2014, § 1, 4-1-2014)
Sec.14-275. - Private animal sales.
PAGE 36 OF 55 PAGES
AGENDA ITEM NO. 6.
The following requirements apply to all dogs, cats, and/or ferrets over the age of six(6) months offered for
sale:
(a) No owner or person shall advertise, display, transfer ownership, or offer to transfer ownership of any
dog, cat, or ferret over the age of six (6) months of age that is not sterilized, implanted with a
microchip, and currently vaccinated-against rabies.
(b) The sterilization requirement in subsection (a) shall not apply if the owner can provide proof that the
animal meets one or more of the following conditions:
(1) The animal is registered with a national dog registry or is a sporting dog, livestock dog,
working dog, performance dog, or the owner is a member of a national breed club, local
breed or performance club, or sporting or hunting club. The owner must show proof of an
annual veterinary health certificate.
(2) The animal is a professionally trained police/fire animal.
(c) The seller must provide proof of sterilization and vaccination to the new owner at time of sale of the
animal.
(d) All dogs, cats, or ferrets must be restrained in a manner to prevent animal bite exposure to humans
and/or other animals.
(e) It shall be illegal to sell or give away animals in parking lots, at temporary events, or in places
where the public generally gathers including flea markets.
Secs. 14-276—14-296. - Reserved.
ARTICLE IV. -ANIMAL CONTROL
DIVISION 1. - GENERALLY
Sec. 14-297. - Running at large.
(a) The running at large of animals, including fowl or livestock, within the city is prohibited. No owner,
possessor, or harborer shall allow the animal, fowl, or livestock to run at large. All animals, including
fowl or livestock, must be restrained by some physical means. An animal, fowl, or livestock shall not
be considered at large when held and controlled by a person by means of a rope, leash, or chain or
as defined under the term "at large" in Sec. 14-1.
(b) The prohibition against an animal running at large shall not apply to a cat harbored as a member cat
of a permitted cat colony or a non-member feral cat.
(c) The prohibition against any animal running at large shall not apply to any cat that is allowed outside
the confines of the owner/harborer's residence so long as the cat:
(1) Is wearing a collar,
(2) Has a current rabies vaccination certificate,
(3) Is spayed/neutered,
(4) Has a current city license, and
(5) Is microchipped.
(d) If the cat meets all qualifications in (c) and the cat has been declared a public nuisance, as defined by
Sec. 14-1, it may be restricted to inside the owner's dwelling by the health director or his/her
designee. Failure to follow any of these restrictions constitutes a violation of this section.
(e) Any animal found at large will be required to be spayed/neutered whether impounded by an ACO or
returned to the owner. The owner will be required to show proof of spay/neuter to Animal Services at
time of reclaim or no later than one (1) day of notification that animal was at large. If the animal is not
spayed/neutered when found to be at large, the animal will be required to be spayed/neutered in
compliance with Sec. 14-373.
PAGE 37 OF 55 PAGES
AGENDA ITEM NO. 6.
(1) Sterilization under this section may be waived for the first at-large occurrence if the owner
can show current proof of registration with a recognized national show organization.
(Code 2001, § 14-236; Ord. No. 21-2009, § 1, 3-3-2009)
Sec. 14-298. - Public nuisance.
Any animal, fowl, livestock, or wildlife that creates a public nuisance as defined in Sec. 14-1 is in
violation of this chapter and is subject to impoundment and owner/harborer may be subject to citation.
(Code 2001, § 14-237; Ord. No. 21-2009, § 1, 3-3-2009)
Secs. 14-299 —14-329. - Reserved.
DIVISION 2. - DANGEROUS DOGS1I
Footnotes:
--- (4) ---
State Law reference—Dangerous dogs, Texas Health and Safety Code § 822.001 et seq.
Sec. 14-330. - Definitions.
The following words, terms, and phrases, when used in this division, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Dangerous dog means any dog:
(1) Which makes an unprovoked attack on a person or a domesticated animal that causes bodily
injury and occurs in a place other than an enclosure in which the dog was being kept, and
that was reasonably certain to prevent the dog from leaving the enclosure on its own; or
(2) Which commits unprovoked acts in a place other than an enclosure in which the dog is being
kept, and that was reasonably certain to prevent the dog from leaving the enclosure on its
own, and those acts cause a person to reasonably believe that the dog will attack and cause
bodily injury to a person or a domesticated animal.
(3) Owned or harbored primarily or in part for the purpose of dogfighting, or trained for
dogfighting.
(Code 2001, § 14-266; Ord. No. 21-2009, § 1, 3-3-2009)
Sec. 14-331. - Exemptions.
(a) No dog shall be deemed dangerous if the bite, injury, or damage was sustained by a person who at
the time was committing a willful trespass upon the premises occupied by the owner or harborer of
the dog or by a person who has tormented, cruelly treated, or abused the dog.
(b) No dog shall be deemed dangerous if the bite or injury to another animal occurred as a result of the
other animal entering the enclosure where the animal lives.
(c) Dogs under control of the Police Department or other proper governmental agency are exempt from
this division.
(Code 2001, § 14-267; Ord. No. 21-2009, § 1, 3-3-2009)
PAGE 38 OF 55 PAGES
AGENDA ITEM NO. 6.
Sec. 14-332. - Penalty.
Any person violating any section of this division upon conviction shall be punished as provided in city
ordinance Sec. 1-14. An owner of an animal that without provocation bites or injures a person or animal
shall be strictly liable for the harm caused by such animal.
(Code 2001, § 14-268; Ord. No. 21-2009, § 1, 3-3-2009)
Sec. 14-333. - Dangerous dog license required.
Any person owning a dangerous dog must obtain a dangerous dog license annually. A written
application for such license shall be made to the ASC and shall include the applicant's name and
address, a description of the animal, proof of current rabies vaccination, and the payment of a fee set by
the health district and approved by the city council, which shall be posted at the ASC. The license shall be
valid for one year from the date the license is obtained.
(a) Before the license is issued, the owner must also comply with the following requirements:
(1) Have the dog spayed/neutered or provide documentation from a veterinary clinic stating the
dog is spayed/neutered,
(2) Provide proof the dog has been implanted with a microchip,
(3) Register the dog for its life with the National Registry for dangerous dogs and present proof of
registration,
('1)(3) The owner of a dangerous dog must be at least eighteen (18) years old, and
(5)(4) Not later than ten (10) days after a person learns that the person is the owner of a
dangerous dog as defined in this division, the person shall obtain liability insurance coverage
of at least$500750,000.00 to cover damages resulting from an attack by the dangerous dog
causing bodily injury to a person, and the person shall provide proof annually of the required
liability insurance coverage to the ASC.
(b) If the owner is not the property owner where the dangerous dog is to be located, the owner must have
written and notarized permission from the property owner to have a dangerous dog at that location
(Code 2001, § 14-269; Ord. No. 21-2009, § 1, 3-3-2009)
Sec. 14-334. - Investigation of complaints.
If the ASC receives a complaint that a dog is dangerous and the complainant provides a sworn
statement with particulars concerning the complaint, a thorough investigation shall be made. If it is
determined by the health director or his/her designee that an animal is dangerous and presents a
substantial danger to the public health, safety, and welfare of the community, the owner shall be notified
that a dangerous dog determination has been made.
(Code 2001, § 14-271; Ord. No. 21-2009, § 1, 3-3-2009)
Sec. 14-335. - Declaration of dangerous dog.
(a) The owner or harborer may voluntarily declare that a dog is dangerous and apply for a dangerous
dog license, or the health director or his/her designee acting on information it has received may
declare a dog dangerous after a thorough investigation.
(b) An animal declared dangerous due to a human or animal attack shall be impounded immediately, and
its owner promptly notified.
PAGE 39 OF 55 PAGES
AGENDA ITEM NO. 6.
(c) The owner of a dog declared to be dangerous shall have the right to file a written appeal of the
determination as outlined by Texas Health and Safety Code Ch. 822, Sec. D. If the determination of
the health director is overturned, the impoundment and other fees shall be paid prior to release.
(c)(d) A dangerous dog license shall be obtained no later than the 15th day after the person learns that
they are an owner of a dangerous dog.
(Code 2001, § 14-270; Ord. No. 21-2009, § 1, 3-3-2009)
Sec. 14-336. - Destruction.
(a) Any dog determined to be dangerous by the health district may be humanely euthanized if:
(1) Written appeal pursuant to Texas Health and Safety Code Ch. 822, Sec. D is not made by
the animal's owner within the allowed time period; or
(2) The owner of such animal fails or refuses to humanely euthanize the animal as requested by
official notice or order of the court.
(b) Notice as required in this section is properly served when it is hand-delivered to the owner, caregiver,
or possessor of the animal, or when it is sent by registered or certified mail, return receipt requested,
to the last known address of the owner, caregiver, or possessor of the animal. A copy of the notice
shall be filed in the records of the regulatory authority.
(c) It shall be unlawful to refuse to relinquish a dangerous animal for destruction within one (1) day of
notification as provided in this section. Any person refusing to relinquish a dog declared dangerous
will be subject to penalties for each day of refusal.
(Code 2001, § 14-272; Ord. No. 21-2009, § 1, 3-3-2009)
Sec. 14-337. -Seizure warrant.
If the harborer, owner, or caretaker of a dog declared dangerous refuses to release such animal to
the ACO, it shall be the duty of the ACO to obtain a seizure warrant for the seizure of the animal.
(Code 2001, § 14-273; Ord. No. 21-2009, § 1, 3-3-2009)
Sec. 14-338. - Confinement.
(a) It shall be the responsibility of the owner or harborer of a dangerous dog to securely confine such
animal. A dangerous dog shall be confined in a covered enclosure with walls and/or fencing of at
least six(6) feet in height and otherwise designed to prevent escape by the dog. The enclosure must
be securely locked at all times and must be confined within a 6-foot property perimeter fence that is
sturdy and in good repair.
(b) It shall be unlawful for a dangerous dog to be outside the dwelling of the owner or outside the
enclosure unless it is necessary for the owner to obtain veterinary care for the dangerous dog or to
comply with directions of the health district. In such event, the dangerous dog shall be securely
restrained with a leather or nylon leash, muzzled, and shall be under direct control and supervision of
the owner or harborer or humanely caged. Unless confined or restrained under conditions stated in
this subsection, the dangerous dog shall be considered at large and subject to immediate
impoundment and immediate license revocation, as well as any other applicable penalties of this
division.
PAGE 40 OF 55 PAGES
AGENDA ITEM NO. 6.
(c) The owner of a dangerous dog must notify the LRCA at any time the dog will be leaving the property
for any reason. The owner must also notify the LRCA when the animal is returned to their property.
The owner must also notify their veterinarian of the dangerous dog determination prior to any
veterinarian visit.
(d) A dog deemed dangerous shall not be allowed in public places such as a dog park, pet store, or other
public areas where dogs are allowed.
(e) A dangerous dog may not be sold, given away, or change owners. In lieu of transfer of ownership of
any type, the animal must be relinquished to the ASC or a veterinarian for humane euthanasia.
(f) If the owner changes addresses, they must notify the LRCA ten (10) days prior to the move so an
inspection can be scheduled at the new address and the license transferred. Failure to comply will be
grounds for revocation of the license.
(Code 2001, § 14-274; Ord. No. 21-2009, § 1, 3-3-2009)
Sec. 14-339. —Sign Required.
The owner or harborer of a dangerous dog shall display a sign on the premises warning that there is
a dangerous dog on the premises. The sign shall be visible and capable of being read from a public
street, highway, or alleyway on any side of the property.
(Code 2001, § 14-275; Ord. No. 61-2004, § 1, 8-2-2004)
Sec. 14-340. - Inspections.
An inspection of the dangerous dog and the premises on which it resides shall be made twice a year
and at any other time deemed necessary by the health district.
Sec. 14-341. - Failure to comply.
Failure of an owner to comply with any part of this chapter shall be cause for revocation of the
dangerous dog license, and the ASC shall seek a seizure warrant for the removal and humane
euthanasia of the animal.
(Code 2001, § 14-276; Ord. No. 21-2009, § 1, 3-3-2009)
Secs. 14-342—14-368. - Reserved.
DIVISION 3. - IMPOUNDMENT
Sec. 14-369. - Facilities authorized.
(a) The city council shall select and establish a suitable animal shelter for impounding all animals, fowl,
livestock, and wildlife by the health district.
(b) The health director or his or her designee is the designated caretaker of every animal as of the date
of intake.
(c) Immediately upon intake, the director or his or her designee, as the designated caretaker, is
authorized to provide each appropriately aged animal with core immunizations and parasite
treatment.
(Code 2001, § 14-306; Ord. No. 21-2009, § 1, 3-3-2009; Ord. No. 52-2018, § 1, 10-2-2018)
PAGE 41 OF 55 PAGES
AGENDA ITEM NO. 6.
Sec. 14-370. - Records required.
The ASC shall keep records of the following:
(1) The description of all animals, fowl, livestock, and wildlife impounded by the health district;
(2) The date of impoundment;
(3) The date of reclaim;
(4) The date of transfer to rescue, adoption, or euthanasia;
(5) The amount realized for the reclaim or adoption of each animal, fowl, or livestock; and
(6) The name, address, birthdate, government issued ID number, and phone number of the
adopter, owner, person reclaiming the animal(s), personcitizen who is dropping off a stray, or
any other person that interacts with the City of Wichita Falls Animal Services.
(Code 2001, § 14-307; Ord. No. 21-2009, § 1, 3-3-2009)
Sec. 14-371. -Citation.
All animals, fowl, or livestock at large are subject to impoundment. In addition to or in lieu of
impounding an at-large animal, fowl, or livestock, an ACO may issue the known owner of the animal, fowl,
or livestock a citation that will constitute a notice of violation. The citation shall be forwarded to the city
attorney for review and potential prosecution.
(Code 2001, § 14-308; Ord. No. 21-2009, § 1, 3-3-2009)
Sec. 14-372. -The right of entry on private property.
If an animal, fowl, livestock, or wildlife is observed at large on private property, the ACO may enter
the property in accordance with applicable law for the purpose of emergency impoundment or seizure of
the animal, fowl, livestock, or wildlife; the issuance of a citation; or both.
(Code 2001, § 14-309; Ord. No. 21-2009, § 1, 3-3-2009)
Sec. 14-373. -The right of owner to reclaim; fee.
(a) The owner of any animal, fowl, or livestock impounded in accordance with this division shall have the
right to reclaim the animal, fowl, or livestock upon showing satisfactory proof of ownership and paying
the appropriate impoundment fee set by the health district and approved by the city council. The fee
schedule will be posted at the ASC.
(1) The fee for a first impoundment may be waived or reduced for persons demonstrating
financial need who successfully complete the responsible pet owner program.
(1)(2) If the owner does not successfully complete the responsible pet owner proqram, they
may be issued citations and will be responsible for payinq the difference between the
impound fee and any waived or reduced fee. that was reduced or waived.
(b) An owner or his designee who reclaims an animal six(6) months of age or older from impound shall
provide proof that the animal has been spayed/neutered prior to the release of the animal. If proof
that the animal is spayed/neutered is not provided, the owner shall pay for the cost of
spaying/neutering the animal and present proof of payment as well as a scheduled appointment to
the ASC prior to the release of the animal. The animal shall be spayed/neutered within twenty (20)
PAGE 42 OF 55 PAGES
AGENDA ITEM NO. 6.
days of release, and the owner shall bring proof of the animal's sterilization to animal services
immediately after sterilization.
(c) Sterilization under this section may be postponed for a period greater than thirty(30) days, but not
more than ninety(90) days, after release in cases of female animals in season, pregnant, or animals
younger than 6 months of age. The owner must provide proof of pre-payment and a scheduled
spay/neuter appointment to the ASC prior to the release of the animal.
(d) Sterilization under this section may be waived for the first impoundment upon proof of current
registration with a recognized national show organization.National Dog Registery.
(e) Sterilization is not required for an animal that has not been previously impounded with the city if the
release is made to an owner who provides proof that(1)-a licensed veterinarian has issued a signed,
written opinion that sterilization would jeopardize the animal's health, or (2)the animal is registered
with a national dog registry and ham not been previously impounded with the ty
(d)(f) If upon a second impoundment the animal remains unsterilized, prior to reclamation the owner
shall pay all applicable reclaim fees and schedule a spay/neuter appointment for the animal at the
owner's expense. Animal Services will hold the animal until the appointment and transport the animal
to the veterinarian. The owner shall be responsible for picking the animal up from the veterinarian
after the sterilization procedure.
{e}(g) It shall be unlawful for a person reclaimingdeeming an animal under this section to fail to provide
proof of rabies vaccination and spay/neuter, if applicable, within ten (10) days of the release of the
animal if required to do so by this section.
(Code 2001, § 14-310; Ord. No. 21-2009, § 1, 3-3-2009; Ord. No. 11-2014, § 3, 4-1-2014)
Sec. 14-374. - Proof of vaccination and license required for dogs and cats.
(a) The owner of any impounded dog or cat sixteen (16) weeks of age or older shall, at the time of
reclamation, show proof of current rabies vaccination or, if unable to show such proof, shall be
required to purchase a rabies voucher and prepay for a city license. The owner shall be required to
provide proof of rabies vaccination within ten (10) days after the release from the ASC, at which time
a city license will be issued. If the animal has a current rabies vaccination, the owner must purchase a
city license if unable to show proof of a current license.
(b) The owner of any impounded ferret must show proof of current rabies vaccination.
(Code 2001, § 14-311; Ord. No. 21-2009, § 1, 3-3-2009)
Sec. 14-375. — Reclamation of wildlife.
No wildlife shall be subject to reclamation from impoundment.
(Code 2001, § 14-312; Ord. No. 21-2009, § 1, 3-3-2009)
Sec. 14-376. - Detention time.
ASC staff shall keep all dogs/cats who either are wearing a collar, tag, or implanted with a microchip
or are otherwise deemed by ASC staff to have a presumptive owner for a period of five (5) working days
PAGE 43 OF 55 PAGES
AGENDA ITEM NO. 6.
from the date of impoundment. All dogs/cats without a collar, tags, microchip, or not otherwise deemed as
owned will be held for a period of three (3) working days from the date of impoundment.
(Code 2001, § 14-313; Ord. No. 21-2009, § 1, 3-3-2009)
Sec. 14-377. - Livestock.
(a) Impoundment for running at large. The ACO shall impound livestock with a known owner found to be
running at large within the city limits. Livestock at large with no known owner will be considered estray
and be the responsibility of the Sheriff's office as required by State Law.
(b) Reclamation;fee. The owner of livestock impounded as provided in subsection (a) of this section may
reclaim the livestock by providing proof of ownership and paying all expenses, including any fee
associated with the capture of the animal, boarding fee, impound fee, and any other expenses
incurred by the ASC.
(c) Adoption/transfer of livestock. Livestock will be held for five (5) working days past the date of
impoundment at which time they will be available for adoption or transfer to an appropriate rescue
group.
(Code 2001, § 14-314; Ord. No. 21-2009, § 1, 3-3-2009)
Sec. 14-378. - Fowl.
No owner, possessor, or harborer of chickens, turkeys, or other fowl shall allow the fowl to run at
large within the city limits. Fowl running at large shall be impounded by the ASC. The owner of any fowl
impounded may redeem such by paying any applicable impound and boarding fees incurred during the
impoundment period.
(Code 2001, § 14-315; Ord. No. 21-2009, § 1, 3-3-2009)
Sec. 14-379. - Any other animal.
No owner, possessor, or harborer of any other animal shall allow the animal to run at large within the
city limits. Any animal running at large shall be impounded by the ASC. The owner of any animal
impounded may reclaim the animal by paying any applicable impound and boarding fees incurred during
the impoundment period.
Sec. 14-380. -Trapping.
(a) Any ACO is authorized to employ the use of humane cage traps for the purpose of capturing animals,
at their discretion, including sick/injured animals, animals under rabies investigation, abandoned
animals, and stray dogs.
(b) Residents of the city wishing to trap unwanted animals may do so with the use of humane cage traps.
The ASC's trapping guidelines and State law shall be followed. Permission to trap must be obtained
in writing from the ASC. As part of the agreement, the ASC will require permission to enter the
property to remove the trap and any trapped animal(s). The following guidelines shall be followed
while actively trapping:
(1) Traps may be obtained from the ASC; however, a deposit is required and limited traps are
available.
(2) Traps shall be monitored daily.
PAGE 44 OF 55 PAGES
AGENDA ITEM NO. 6.
(3) ASC shall be notified prior to 3 p.m. any time an animal is found to be trapped.
(4) Traps shall be covered at all times.
(5) Traps shall be placed in a protected area safe from harsh elements or danger. Traps may be
placed in an attic, shed, garage, or under a safe structure, but shall be removed from these
areas prior to an ACO servicing the trap. Traps shall not be placed in direct sunlight.
(c) Trapping is prohibited at the following times:
(1) When the temperature is below 45°;
(2) When the temperature is above 80°;
(3) During inclement weather; and/or
(4) On weekends or City of Wichita Falls recognized holidays.
(Code 2001, § 14-316; Ord. No. 21-2009, § 1, 3-3-2009)
Sec. 14-381. - Euthanasia.
(a) Any animal, fowl, or livestock impounded or found at large within the city may be humanely
euthanized upon determination:
(1) By the health director or his or her designee or a local veterinarian that it has been injured or
is sick and in such state that recovery is seriously in doubt, or
(2) That it is sick and endangers the health of other animals or persons.
(b) Euthanasia shall be performed humanely by injection of a lethal drug or other means as approved by
state law.
(c) All wildlife known to be a high-risk rabies carrier will be humanely euthanized.
(Code 2001, § 14-317; Ord. No. 21-2009, § 1, 3-3-2009; Ord. No. 32-2016, § 1, 9-6-2016)
Sec. 14-382. -Transfer of ownership after a period of detention.
(a) Detention period. It shall be the duty of the health director or his or her designee to hold all
impounded animals with a microchip, collar, rabies vaccination tag, ID tag, or a Wichita Falls city
license tag attached to the collar for a detention period of five (5) days, excluding Sundays and city
designated holidays, after the date of impoundment. All impounded animals without a collar,
microchip, rabies vaccination tag, ID tag, or a Wichita Falls city license tag attached to the collar will
be held for a detention period of three (3) days, excluding Sundays and city designated holidays, after
the date of impoundment.
(b) Transfer of ownership. After the period of detention has ended, title and sole ownership of the animal
will be transferred to the health director or his or her designee. Title to the animal is considered
vested in the health director or his or her designee for purposes of passing good title, free and clear
of all claims. When ownership is transferred to the health director or his or her designee, title and sole
ownership of the animal transfers to the health director or his or her designee, and the animal
becomes the sole property of the health director or his or her designee. The animal becomes subject
to disposition by transfer of ownership, euthanasia, or adoption as the health director or his or her
designee deems appropriate once ownership is transferred.
(c) Eligibility for transfer of ownership, euthanasia, or adoption. Once ownership of an animal is
transferred to the health director or his or her designee, the animal will be eligible for transfer of
ownership, euthanasia, or adoption, and subject to disposition as the health director or his or her
designee sees fit.
(d) Quarantined animals. This section does not apply to quarantined animals that are suspected of
having rabies or that have been quarantined because the animal bit or scratched a person.
PAGE 45 OF 55 PAGES
AGENDA ITEM NO. 6.
Ownership of quarantined animals will be transferred to the health director one day after the date that
quarantine has ended excluding Sundays and City designated Holidays if they have not been
redeemed or reclaimed by the original owner.
(e) Animals seized by court order. This section does not apply to animals that have been impounded
pursuant to seizure warrants because the animal is dangerous and caused injury to a person or has
been cruelly treated or abandoned. Title shall transfer to the health director or his or her designee one
(1) day, excluding Sundays and city designated holidays, after the date of the hearing on the seizure
warrant if the animals have not been reclaimed pursuant to a court order allowing the animal's owner
to maintain ownership and good title to the animal. If the rightful owner has not reclaimed the animal
obtained pursuant to a seizure warrant within ten (10) days, excluding Sundays and city designated
holidays, after the date of the hearing to determine whether the animal has been cruelly treated or
abandoned, ownership of the animal will transfer to the health director or his or her designee.
(f) Immediate transfer of ownership. This section does not preclude a person from transferring
ownership to the health director or his or her designee per written instrument. Any animals to which
an owner has transferred ownership to the health director or his or her designee via written
instrument will be eligible for transfer of ownership, euthanasia, or adoption immediately and subject
to disposition as the health director or his or her designee sees fit.
(g) Reclamation after impoundment. The person entitled to the possession of any animal delivered to the
ASC shall be entitled to have the animal delivered to him or her upon presentation of satisfactory
evidence of ownership, as evidenced by the following:
(1) A license issued pursuant to this chapter;
(2) A microchip indicating ownership of the animal;
(3) Receipt for purchase or adoption of the animal;
(4) Records from a veterinarian showing vaccinations administered within the previous twelve
(12) months;
(5) Receipts for payment to a veterinarian or commercial pet service facility for services rendered
to the animal within the past twelve (12) months;
(6) Photographic or videographic records showing the animal and individual asserting ownership
at home or in other environments; or
(7) A signed and notarized affidavit in which the owner of the animal attests that the animal is his
or her property.
(Ord. No. 32-2016, § 2, 9-6-2016)
Secs. 14-383—14-403. - Reserved.
DIVISION 4. -ANIMAL SHELTER ADVISORY COMMITTEE
Sec. 14-404. -Creation.
There is hereby created an Animal Shelter Advisory Committee.
(Code 2001, § 14-321; Ord. No. 21-2009, § 1, 3-3-2009)
Sec. 14-405. - Representation.
The Animal Shelter Advisory Committee (ASAC) shall be composed of five (5) persons with the
following qualifications: one veterinarian; one animal welfare organization representative; one city official,
designated as the LRCA of Wichita Falls, as mandated by the Texas Health and Safety Code § 826.017;
one person whose duties include the daily operation of an animal shelter; and one citizen representing
the general public.
PAGE 46 OF 55 PAGES
AGENDA ITEM NO. 6.
(Code 2001, § 14-322; Ord. No. 21-2009, § 1, 3-3-2009)
Sec. 14-406. -The term of office; meetings.
The LRCA of Wichita Falls and the member whose duties include the daily operation of an animal
shelter shall serve an indefinite term. The veterinarian appointed to the committee shall serve a term of
two (2) years, the animal welfare organization representative shall serve a term of two (2) years, and the
citizen representing the public shall serve a term of two (2) years. All terms expire on December 31. The
committee shall meet at least three (3)times each year.
(Code 2001, § 14-323; Ord. No. 21-2009, § 1, 3-3-2009; Ord. No. 01-2017, 1-3-2017)
Sec. 14-407. - Duties.
The ASAC shall perform the following duties:
(1) Assist the city in an advisory capacity in complying with the terms of Texas Health and Safety
Code Ch. 823, as amended; and
(2) Assist the city in an advisory capacity in establishing procedures applicable to the city's ASC
as follows:
(a) To ensure that the ASC shall separate all animals in its custody at all times by species,
sex(if known), if the animals are not related to one another, by size;
(b) To ensure that the ASC will not confine healthy animals with sick, injured, or diseased
animals;
(c) To ensure that the city, at least once a year, employs a veterinarian to inspect the ASC to
determine that such facility complies with the requirements of Texas Health and Safety
Code Ch. 823, as amended. The veterinarian shall file copies of his report with the
person operating the ASC and with the Texas Department of State Health Services on
forms prescribed by the Texas Department of State Health Services; and
(d) To ensure that the shelter operator or contractor maintains the necessary records
required under Texas Health and Safety Code §823.003(e), as amended.
(Code 2001, § 14-324; Ord. No. 21-2009, § 1, 3-3-2009)
Secs. 14-408—14-427. - Reserved.
ARTICLE V. - RABIES CONTROLu
Footnotes:
--- (5) ---
State Law reference—Rabies control, Texas Health, and Safety Code § 826.001 et seq.
Sec. 14-428. - Reporting rabid animals, livestock, and wildlife.
It shall be the duty of every animal or livestock owner or harborer, veterinarian, physician, or any
person to report to the Local Rabies Control Authority (LRCA) or their designee all cases of rabies with
which he comes in contact or to which his attention has been directed. This report shall be made
immediately upon diagnosis or suspicion of a case of rabies.
PAGE 47 OF 55 PAGES
AGENDA ITEM NO. 6.
(Code 2001, § 14-346; Ord. No. 21-2009, § 1, 3-3-2009)
Sec. 14-429. - Reporting rabies exposure.
Every physician or other medical practitioners who treats a person or persons for any animal bite or
scratch, or any person having knowledge of an animal bite or scratch shall immediately report the bite or
scratch to the LRCA or their designee. The report should include the following information:
(a) Date and time the bite or scratch occurred;
(b) Name, age, and sex of the injured person;
(c) Any and all treatment received, if known; and
(d) Any other information as may be required by the LRCA or their designee.
(Code 2001, § 14-347; Ord. No. 21-2009, § 1, 3-3-2009)
Sec. 14-430. -Quarantine of animals, livestock exhibiting symptoms.
Any animal or livestock that has symptoms of rabies as verified by a veterinarian shall at once be
placed under rabies quarantine by the LRCA, or tested in accordance with the Department of State
Health Services rules.
(Code 2001, § 14-348; Ord. No. 21-2009, § 1, 3-3-2009)
Sec. 14-431. -Quarantine and redemption of biting or attacking animals or livestock.
(a) If any person alleges that an animal or livestock has bitten, scratched, or otherwise attacked a person
within the city limits in a manner that caused a break in the skin of the person, he shall report the
incident to the LRCA or their designee. It shall be the duty of the owner to deliver the animal or
livestock for quarantine purposes either immediately or the next business day if the bite occurs after
normal operating hours.
(b) Quarantine shall take place either at the ASC or at a local veterinary hospital for a period of at least
ten (10) days (240 hours from the time of the incident).
(c) Home quarantine shall only be allowed on a limited basis after all available options have been
exhausted. All criteria for home quarantine as mandated by the LRCA must be met and approval
received from the LRCA.
(d) Impoundment at any approved facility for rabies quarantine purposes shall be at the expense of the
owner of the impounded animal or livestock. No animal or livestock confined for quarantine purposes
under this article shall be released to any person until all vaccinations required under Sec. 14-41
have been paid for and scheduled with a licensed veterinarian.
(e) Any owner or harborer of an animal or livestock that has bitten or scratched a person within the city
who fails to turn over the animal for quarantine, or refuses to allow the quarantine of the animal or
livestock pursuant to this section, or attempts to interfere with impoundment, shall be guilty of a class
c misdemeanor punishable by a fine set out under the provisions of this article. Each day of refusal
constitutes a separate and individual violation. Violators will receive a citation for each day the animal
is not quarantined.
(f) Unvaccinated animals shall not be vaccinated against rabies during the ten (10) day (240 hours)
observation period; however, animals may be treated for unrelated medical problems diagnosed by a
veterinarian.
PAGE 48 OF 55 PAGES
AGENDA ITEM NO. 6.
(g) Animals requiring quarantine must be spayed/neutered within twenty (20) days after being released
from quarantine. The owner must schedule and provide proof of an appointment and prepayment
prior to picking the animal up from quarantine.
(Code 2001, § 14-349; Ord. No. 21-2009, § 1, 3-3-2009)
Sec. 14-432. Veterinary care while quarantined.
The following measures shall be followed for an animal under quarantine that is not showing signs of
rabies and requires treatment or unrelated medical care from a veterinarian:
(a) The veterinary hospital/clinic shall be contacted and notified of the incoming animal and quarantine
status.
(b) The ACO shall follow all veterinary hospital/clinic rules and/or policies regarding quarantine animals
coming into the facility.
(c) The animal shall remain quarantined and away from other animals at all times.
(d) The ACO shall be responsible for safe transport to and from the veterinary hospital/clinic.
(e) The owner is responsible for meeting the ACO at the veterinary hospital/clinic and paying for all
associated veterinary care.
Sec. 14-433. -Seizure warrant.
It shall be the duty of the LRCA or their designee to obtain a seizure warrant for the seizure and
quarantine of an animal that has bitten or scratched a person or animal if the harborer refuses to release
the animal for quarantine.
(Code 2001, § 14-350; Ord. No. 21-2009, § 1, 3-3-2009)
Sec. 14-434. -Citywide quarantine.
(a) Animals in public restricted. It shall be unlawful for any person to allow any animal to be takcn,
whcthcr rcstraincd or not, into any public placc during a period of citywidc quarantinc.
(a) Conditions warranting. A citywide quarantine may be invoked by the local health authority for a period
of 30 days after an investigation determines an immediate threat of rabies exists.
(b) Animals in public restricted. It shall be unlawful for any person to allow any animal to be taken,
whether restrained or not, into any public place during a period of citywide quarantine.
(c) Extension of time. Additional positive cases of rabies that occur during a period of citywide quarantine
may be grounds for an extension of the quarantine period for a reasonable period of time.
(Code 2001, § 14-351; Ord. No. 21-2009, § 1, 3-3-2009)
Sec. 14-435. -Animals or livestock bitten or attacked by suspected rabid animals.
PAGE 49 OF 55 PAGES
AGENDA ITEM NO. 6.
Unvaccinated animals or livestock bitten or attacked by another animal or wildlife suspected of being
rabid shall either be destroyed or isolated at the sole expense of the owner for a period of time as
determined from the date of exposure in accordance with state law.
(Code 2001, § 14-352; Ord. No. 21-2009, § 1, 3-3-2009)
Secs. 14-436 —14-451. - Reserved.
ARTICLE VI. - CRUELTY TO ANIMALSL1
Footnotes:
--- (6) ---
State Law reference—Treatment and disposition of animals, Texas Health and Safety Code §
821.001 et seq.; cruelty to animals, Texas Penal Code § 42.09.
Sec. 14-452. - Food, water, shelter, and shade.
No owner shall fail to provide their animals, fowl, or livestock with sufficient good and wholesome
food and water; adequate shelter, shade, and protection from the weather; adequate space; humane care
and treatment; and reasonable veterinary care as needed to prevent suffering. All persons owning,
possessing, or harboring animals, fowl, or livestock shall comply with the following requirements:
(1) Shelter and shade. Shelter and shade shall be provided as follows:
(a) Animals. Animals shall be provided with access to shelter constructed of materials sufficient
to allow them to remain dry and protected from the elements-. The shelter shall
be free of-debris or other materials that could endanger the animal
1) Shelters shall be fully enclosed on three sides_;TheTh. structure shall have a solid
attached roof with no gaps,-shall be roofed, and shall have a solid floor attached to
the structure. The fourth side of the shelter shall contain the entrance to the
shelter. Such entrance shall be flexible to allow the animal's entry and exit and sturdy
enough to block entry of wind„- rain, hail, sleet, snow, subfreezing temperatures,
and any other elements deemed detrimental to the animal's health or-well being.
2) The shelter shall be small enough to retain the animal's body heat and large enough
to allow the animal to stand and turn comfortably. The enclosure shall be structurally
sound and in good repair.
3) Clean and dry Bbedding that does not retain moisture shall be provided in the form
of straw or hay. Materials such as blankets, sheets, and towels shall not be
considered adequate bedding_
4) —A suitable method shall be provided to eliminate excess water from the shelter area.
445)Shade. In addition to the shelter, Ecither natural or artificial shade with adequate
ventilation shall be provided to protect the entire animal from direct sunlight at all
times of the day.
{a3(b) Livestock. Livestock shall be provided with access to shelter to allow them to remain dry
during rain and snow and protected from severe weather. Such shelter shall have three solid
sides and a roof. It shall be structurally sound and in good repair to protect the livestock from
injury. Such shelter will provide a minimum amount of space sufficient to accommodate all
livestock confined within the shelter, as provided in Sec. 14-198(e). Either natural or artificial
shade shall be provided to protect livestock from direct sunlight. If shade is provided by the
PAGE 50 OF 55 PAGES
AGENDA ITEM NO. 6.
enclosure, allowance shall be made for adequate ventilation. A suitable method shall be
provided to eliminate excess water from the shelter area.
(2) Chaining and tethering animals.
(a) It shall be unlawful to keep an animal or livestock on a chain or rope placed in a manner that
makes it possible for the animal to become entangled with the restraints of other animals or
livestock or with any other objects.
(b) It shall be unlawful to attach a collar or harness to an animal that chokes or pinches the
animal unless a rope or tether is attached to the collar and is being held by a person.
(c) It shall be unlawful for any animal to be attached to a chain or tether that weighs ten percent
or more of the animal's body weight.
(d) It shall be unlawful to stake a cat outside on a leash, tether, chain, or similar apparatus.
(e) It shall be unlawful to restrain an animal outside with a chain or tether unless:
i. A person is holding the chain or tether; or
ii. The dog's owner or handler remains outside within clear view of the animal and
within 50 feet of the animal throughout the period of restraint.
(Code 2001, § 14-381; Ord. No. 21-2009, § 1, 3-3-2009; Ord. No. 44-2011, § 1, 8-16-2011; Ord. No. 13-
2013, § 1(14-381), 3-19-2013; Ord. No. 14-2016, § 1, 6-7-2016)
Sec. 14-453. - Inhumane treatment.
(a) No person shall beat; cruelly treat; torment; mentally abuse; overload; overdrive; overwork; kill;
torture; mutilate; maim; or perform, cause to be performed, or permit to be performed any other act of
cruelty upon any animal, wildlife, fowl, or livestock.
(b) A person commits an offense if either through their action or omission, they allow any of the following:
(1) No person other than a licensed veterinarian shall crop the ears, dock the tail, remove the
dewclaws, or perform any surgery on any animal, wildlife, fowl, or livestock, excluding
livestock castration and dehorning. Transfer ownership or otherwise physically remove from
its mother any dog, cat, ferret, or rabbit less than eight (8) weeks old, or any other animal that
is not yet weaned except as advised by a licensed veterinarian.
(2) Abandons any animal that he or she has possession or ownership of at the ASC, or at any
other place of business, on public property, or with any person that has not consented or has
revoked consent to be responsible for the care of the animal.
(3) Fails to reclaim any animal that he owns from the ASC or any person who had temporary
possession of the animal.
(4) Causes or allows an animal to remain in its own waste or excrement.
(5) Owns or has care, custody, or control of an animal having an infestation of ticks, fleas, or
other parasites without having the animal treated by a veterinarian or following a proper
commercially available treatment regimen for the infestation.
(6) Owns or has care, custody, or control of an animal having an obvious or diagnosed illness,
injury, or communicable illness transmittable to animals or humans without having the animal
treated by a veterinarian or following a proper treatment regimen for the injury or illness.
(7) Fails to provide basic grooming for an animal.
(8) Causes,allows,or trains an animal to fight another animal or possesses animal fighting
paraphernalia or training equipment.
(9) Fails to provide an animal owned by him or under his care, custody, or control with the
necessities of life including adequate food; potable water; sanitary conditions; shelter or
PAGE 51 OF 55 PAGES
AGENDA ITEM NO. 6.
protection from the heat, cold, and other environmental conditions; or other circumstances
that may cause bodily injury, serious bodily injury, or death of the animal.
(10)Teases,taunts,or provokes an aggressive reaction from an animal.
(Code 2001, § 14-382; Ord. No. 21-2009, § 1, 3-3-2009)
Sec. 14-454. -Abandonment of animals; release of wildlife.
(a) Abandonment means to leave an animal without human supervision, unattended, and/or without
adequate provisions necessary for maintenance of life for an unspecified amount of time or fails to
reclaim any animal that he/she owns from the ASC or any person who has temporary possession of
the animal.
(b) It shall be unlawful for any person to abandon or turn any animal, excluding wildlife, loose within the
city limits.
(c) It shall be unlawful for any person to abandon any animal that he/she has possession or ownership of
at the ASC and/or any other place of business, on public property, or with any person that has not
consented, or has revoked consent to be responsible for the care of the animal.
(d) It shall be considered abandonment and is unlawful for any person to relinquish any animal to the
ASC staff while withholding information regarding ownership or falsifying information.
(e) It shall be unlawful for any person having custody of any wildlife to abandon such wildlife that is
incapable of surviving on its own in the environment into which it is released.
(Code 2001, § 14-383; Ord. No. 21-2009, § 1, 3-3-2009)
Sec. 14-455. - Giving animals as prizes or inducements; artificially colored baby fowl or animals.
(a) No person shall give away any live animal, reptile, fowl, livestock, or wildlife as a prize for or
inducement to enter any contest, game, or other competition; an inducement to enter a place of
amusement; or as an incentive to enter into any business agreement whereby the offer is for the
purpose of attracting trade.
(b) No chick, duckling, gosling, rabbit, or hamster that has been dyed or otherwise colored artificially shall
be sold or offered for sale; offered or given as a prize, premium, or advertising device; or displayed in
the city.
(Code 2001, § 14-384; Ord. No. 21-2009, § 1, 3-3-2009)
Sec. 14-456. -The duty of a motor vehicle operator to report accidents involving animals, fowl, or
livestock.
Any person who, as the operator of a motor vehicle within the city, strikes any animal, fowl, or
livestock shall stop at once, render such assistance as may be practicable, and report the accident to an
appropriate law enforcement agency or the ASC.
(Code 2001, § 14-385; Ord. No. 21-2009, § 1, 3-3-2009)
Sec. 14-457. - Exposing poisonous substances or traps.
(a) No person shall expose any known poisonous substance, whether mixed with food or not, so that the
poison shall be likely to be eaten by an animal, fowl, livestock, wildlife, or person. This subsection is
PAGE 52 OF 55 PAGES
AGENDA ITEM NO. 6.
not intended to prohibit the prudent use on one's own property of herbicides, insecticides, or common
rodent control materials (e.g., rat poisons) mixed only with a vegetable substance.
(b) No person shall expose an open-jaw-type trap, leg hold trap, snare trap, or any type trap able or likely
to cause physical harm or injury to any animal, fowl, livestock, wildlife, or person.
(Code 2001, § 14-386; Ord. No. 21-2009, § 1, 3-3-2009)
Sec. 14-458. - Confining animals to motor vehicles.
(a) No animal shall be confined within a motor vehicle at any location under such conditions as may
endanger the health or well-being of the animal, including, but not limited to, dangerous temperature;
lack of food, water or attention; or confinement with a dangerous animal. Endangered health may be
demonstrated by but not limited to the animal's excessive drooling, panting, lethargic behavior,
collapse, vomiting, or convulsions. It is presumed that an animal's health, safety, or welfare is
endangered when the animal is confined in a parked or standing vehicle for a period of five (5) or
more minutes when the ambient outside air temperature measures above 85°F or below 35°F.
(b) If an animal is left in the open bed or flat-bed of a vehicle while the vehicle is parked, the owner or
possessor of the animal and/or the driver of the vehicle is responsible for providing adequate
ventilation, water, shelter, and shade as needed to prevent endangering the health or well-being of
the animal.
(c) Any ACO or peace officer is authorized to remove any animal from a motor vehicle at any location
when he reasonably believes it is confined in violation of subsection (a) of this section. Any animal so
removed shall be delivered to the ASC. The removing officer shall leave written notice of removal and
delivery, including their name, in a conspicuous, secure location on or within the vehicle.
(Code 2001, § 14-388; Ord. No. 21-2009, § 1, 3-3-2009)
Secs. 14-459-14-486. - Reserved.
ARTICLE VII. - CARE OF ANIMALS
Sec. 14-487. -Sanitation; odor and vector control; cage sizes.
Every owner, possessor, or harborer of animals, fowl, and livestock shall comply with the following
regulations and sanitation requirements:
(a) Animal waste. Animal waste shall be disposed of on a daily basis.
(b) Odor and vector control required. All persons keeping animals within the city limits shall keep the
premises upon which the animals are kept clean and free from noxious and unpleasant odors and
shall use some form of chemical control at reasonable intervals to keep the premises free from flies,
mosquitoes, ticks, fleas, and other vectors.
(c) Cage Size. An owner, possessor, or harborer of an animal shall confine the animal in an enclosure
sufficient to prevent its running at large. Such enclosure shall be of sufficient size to maintain the
animal comfortably and in good health. The animal must be able to stand, turn around, sit, and lie
down in a natural position.
(Code 2001, § 14-416; Ord. No. 21-2009, § 1, 3-3-2009)
Sec. 14-488. -Storage of feed.
All feed provided for animals shall be kept in a rat-proof, fly-proof container.
PAGE 53 OF 55 PAGES
AGENDA ITEM NO. 6.
(Code 2001, § 14-424; Ord. No. 21-2009, § 1, 3-3-2009)
Sec. 14-489. - Keeping of wildlife.
No person shall keep or permit to be kept on his premises any wild animal. This section shall not be
construed to apply to approved zoological parks, performing animal exhibitions, circuses, animals kept for
treatment in a facility operated by a veterinarian, or animals used for research or teaching purposes by a
licensed hospital or nonprofit university, college providing a degree program, wildlife education center, or
wildlife rehabilitators and their subpermit holders.
(Code 2001, § 14-422; Ord. No. 21-2009, § 1, 3-3-2009)
Secs. 14-490 —14-517. - Reserved.
ARTICLE VIII. -ANIMAL HEARINGS
Sec. 14-518. - Right to hearing.
The following determinations may be appealed under the procedures in this article:
(a) Denial of any permit applied for under this chapter; and
(b) Revocation of any permit applied for under this chapter.
(Code 2001, § 14-451; Ord. No. 21-2009, § 1, 3-3-2009)
Sec. 14-519. - Notice of right and request for hearing.
Any determination that results in the right to a hearing under Sec. 14-518 must be given in writing as
an official notice to the owner, caregiver, or possessor of the animal.
(a) Such writing must provide the owner, caregiver, or possessor of the animal with notice of the right to
a hearing and instructions on the procedure for requesting a hearing.
(b) A written request for a hearing must be filed with the health director within five (5) days of receiving
written notice of the determination.
(c) The owner, caregiver, or possessor of the animal shall be granted a hearing within ten (10) days of
receipt of a request for a hearing.
(d) If no request for a hearing is received by the director within five (5) days of receipt of the written
notice of the determination by the owner, caregiver, or possessor of the animal, the determination will
be considered sustained and shall become final.
(e) Notice as required in this section is properly served when it is hand-delivered to the owner, caregiver,
or possessor of the animal, or when it is sent by registered or certified mail, return receipt requested,
to the last known address of the owner, caregiver, or possessor of the animal. A copy of the notice
shall be filed in the records of the regulatory authority.
(Code 2001, § 14-452; Ord. No. 21-2009, § 1, 3-3-2009)
PAGE 54 OF 55 PAGES
AGENDA ITEM NO. 6.
Sec. 14-520. - Representation.
The owner, harborer, or other relevant party may choose to represent himself at the hearing or be
represented by a licensed attorney, retained at his own expense.
(Code 2001, § 14-453; Ord. No. 21-2009, § 1, 3-3-2009)
Sec 14-521. -Conduct of hearing.
The health director or his or her designee shall conduct the hearings provided for in this article at a
time and place designated by the health director. Based upon the recorded evidence of such hearing, the
health director or designee shall make final findings of fact and shall sustain, modify, or rescind any notice
or order considered in the hearing. A written report of the hearing decision shall be furnished to the
owner, caregiver, or possessor of the animal by the health district. If the outcome of the hearing allows for
the re-issuance of a license, a reapplication fee shall be assessed at the discretion of the health director.
(Code 2001, § 14-454; Ord. No. 21-2009, § 1, 3-3-2009)
PASSED AND APPROVED this the 19th day of April 2022.
MAYOR
ATTEST:
City Clerk
PAGE 55 OF 55 PAGES
AGENDA ITEM NO. 6.
CITY COUNCIL AGENDA
April 19, 2022
ITEM/SUBJECT: Resolution authorizing the City Manager to enter into a Lease
Agreement with North Texas Vision of Wichita Falls, Inc. (Downtown
Wichita Falls Development) for management and operation of the
Farmers Market.
INITIATING DEPT: Legal
STRATEGIC GOAL: Redevelop Downtown
STRATEGIC OBJECTIVE: Establish Public/Private Partnerships, Enhance Focus on
Culture, Arts, and Entertainment Venues
COMMENTARY: In May 2012, the City and North Texas Vision of Wichita Falls, Inc. also
known as Downtown Wichita Falls Development (DWFD) entered into a lease agreement for
DWFD to take over management, operations and minor maintenance of the Farmers Market.
Prior to that arrangement, the City managed the facility exclusively for a produce market.
Over the last ten years, the DWFD Inc. has continued to lease the market to area farmers,
but also has expanded its use into special event rentals. The 5-year term of that lease
expires April 30, 2022, and it is recommended that an additional 5-year term be approved.
Significant provisions of the proposed lease agreement are:
• Term of the agreement is for five (5) years, commencing May 1, 2022 and expiring
April 30, 2027, with the agreement automatically renewing for additional five-year
terms. The agreement can be terminated by either party with a 90-day notice;
• Rental fees have been established (Attachment C) and may be modified by the City
Manager provided City Manager gives Tenant 90 days written notice of any
modifications;
• The Tenant is responsible for management, operation, minor maintenance, marketing
and promotion of the facility;
• The Tenant is responsible for all utilities.
• The City and Tenant agree to split all revenue 50/50 as outlined more fully in clause
1.B.c. of the Contract.
Staff recommends approval of the proposed lease agreement.
® City Attorney
ASSOCIATED INFORMATION: Resolution and Lease Agreement attached.
® Budget Office Review
® City Attorney Review
® City Manager Approval
PAGE 1 OF 12 PAGES
AGENDA ITEM NO. 7.A
Resolution No.
Resolution authorizing the City Manager to enter into a Lease Agreement
with North Texas Vision of Wichita Falls, Inc. (Downtown Wichita Falls
Development) for management and operation of the Farmers Market
WHEREAS, the City owns a Municipal Produce Market located at 713 Ohio Avenue,
commonly referred to as the Farmers Market; and,
WHEREAS, the City and North Texas Vision of Wichita Falls, Inc. agree that
management and operation of the Farmers Market by Downtown Wichita Falls Development
(DWFD) will serve to better market, promote and enhance the operation of the Farmers
Market; and,
WHEREAS, the City and North Texas Vision of Wichita Falls also believe that a
vibrant Farmers Market will also serve to bring more visitors to downtown and thereby help to
reinvigorate the downtown Wichita Falls area; and,
WHEREAS, the City has leased the Farmers Market to the North Texas Vision of
Wichita Falls for the past ten years and found that relationship to be successful; and,
WHEREAS, the City Council of Wichita Falls and the North Texas Vision of Wichita
Falls desire to enter into an additional five-year lease agreement for operations and
management of the Farmers Market.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
The City Manager is authorized to execute a Lease Agreement with North Texas
Vision of Wichita Falls, Inc. for the management, operations, and minor maintenance of the
Farmers Market in a form approved by the City Attorney, a draft copy of the lease is attached
to this resolution.
PASSED AND APPROVED this the 19th day of April, 2022.
MAYOR
ATTEST:
City Clerk
PAGE 2 OF 12 PAGES
AGENDA ITEM NO. 7.A
LEASE AGREEMENT
THIS LEASE AGREEMENT is made and entered into this day of April, 2022, by and
beM en the City of Wichita Falls, hereinafter referred to as the "..ANDLORD," and North Texas
Vision of Wichita. Falls Inc. a 501(c)(B) corporation organized and operating under the laws of
the State of Texas, hereinafter referred to as the "TENANT."
WITNESSETH
WHEREAS,the Landlord owns certain cultural, historical, or architecturally significant real
property hereinafter described; and
WHEREAS, the Tenant desires to utilize the property for uses that would benefit the City
and the downtown Wichita Falls area;
NOW, THEREFORE, in consideration of the mutual promises and agreements of the
Landlord and Tenant, it is understood and agreed by and between the Landlord and Tenant as
follows:
1. Obligations of the Landlord:
A. The Landlord hereby leases to the Tenant pursuant to the terms of this Agreement, a
portion of certain real property located in the City of Wichita Falls, Texas, hereafter
called the FARMERS MARKET, OR THE PREMISES. and described as follows:
a. 713 Ohio Avenue. Wichita Falls, TX 76301
B. The term of this Lease shall commence May 1, 2022, and continue through April 30,
2027. This Agreement may be automatically renewed at the end of each term for an
additional 5-year term. Either Landlord or Tenant may terminate, without cause, the
tenancy by giving the other 90 days' written notice of an intention to terminate the
Agreement.
a. Annual rent payment to the City of Wichita Falls: 51 .00 per year.
b. Rental fees for producers and dealers shall be established on Attachment C and
may be modified by the City Manager provided City Manager gives Tenant 90 days
written notice of any medi=ications,
c. Landlord and —enant agree to share the profits of the Farmers Mar°°{et as outlined
herein. Landlord will be given 50% cf Net Profits and veil be paid on a quarterly
basis. Net Profits is determined as Gross Receipts minus Allowed Expenses.
1. Gross Receipts means receipts from stall rentals and all other business
corducted on or from the leased premises by Tenant, including income such
as food truck rentals, whether these rentals are evidenced by check, credit,
charge account, exchange, or otherwise.
2. Allowed Expenses are limited to premises utilities, repairs made pursuant to
section 3,A., marketing (not to exceed $500 per quarter), and required
insurance_ Salaries and management fees are excluded.
Page 1 cf 10
2D22 ease Agreement
PAGE 3 OF 12 PAGES
AGENDA ITEM NO. 7.A
d. During the term of this Lease Agreement, the City of Wichita Falls shall provide the
Farmers Market with routine police and fire protection. Said police and fire protection
will be the same type and level of protection provided to comparable properties within
the City of Wichita Falls.
2. Obligations of the Tenant:
A. Use of Premises. Tenant shall use the Premises for the purpose of operating a retail
produce market for the sale of produce and related products directly to consumers.
Tenant agrees to continuously and diligently operate a produce market during the
market season on the Premises in accordance with the guidelines of the City of Wichita
Falls.
a. The Farmers Market shall be operated and maintained by the Tenant in an efficient
and economical manner. The Tenant shall preserve the same in good repair and
order for the duration of this Lease Agreement. The Tenant's programs and
operations shall at all times reflect, support, promote and educate the public about
the agricultural heritage of north-central Texas. This provision shall be a covenant
by Tenant, and any breach thereof, at the option of the Landlord and after notice
by the Landlord, shall be cause for the termination of this Lease Agreement.
b. Special Events: Tenant may use the Premises for other promotional events as
listed in Attachment A, Prior written consent of Landlord must be obtained for any
other use not specifically listed.
B. Tenant shall comply with all governmental laws, ordinances, and regulations
applicable to the use of the Premises and shall promptly comply with all governmental
orders and directives for the correction. prevention, and abatement of nuisances in or
upon, or connected with the Premises, all at Tenant's sole expense. Tenant is
responsible for the collection, filing, and paying of any sales taxes that may be
assessed on their productions. Tenant is responsible for any state or local health
permits required.
C. No additions or alterations to the Premises may be made by the Tenant or placed on
the Premises by the Tenant during the term of the Lease Agreement, except with the
prior written consent of Landlord. Any repairs as a result of the negligence or
intentional act of the Tenant or any employee, agent, invitee, or patron of the Tenant,
shall be promptly made by the Tenant in a good workmanlike manner.
D. Tenant shall maintain the Premises in good repair, condition, and cleanliness at
Tenant's solo expense. Tenant shall be responsible for all trash removal from the
leased space on a daily basis. Landlord shall provide adequate dumpsters and
collection as agreed upon with Tenant. Tenant also agrees to remove all produce on
the site at the end of each day. Tenant shall not permit overnight sleeping, camping,
cooking, etc. unless written approval of the Landlord is obtained in advance and is
related to a special event or cooking demonstration.
E. Tenant accepts the Premises in an "As Is - Where IS" condition. Landlord makes no
warranty either expressed or implied of the Premises, including, but not limited to,
Page 2 ci 10
2D22 ease Agreement
PAGE 4 OF 12 PAGES
AGENDA ITEM NO. 7.A
structure, plumbing, or surface conditions. Notwithstanding the above, Tenant shall
annual'y provide Landlord with requests for major repair items in accordance with
General Provisions paragraph 3. (B).
F. The Tenant's representatve will procure and keep in effect during the term hereof a
public liability and property damage insurance for the benefit of Tenant and Landlord
in the amo..int of at least 5200,000 for damages resulting to one person and $500,000
for damages resulting from one casualty. and $100.000 property damage resulting
from any one occurrence. Tenan: shall provide Landlord ar'or to the commencement
date proof of insurance eertficate showing these minimum amounts. Additionally.
Tenant agrees to procure product liability insurance and keep it in effect during the
term of this Lease Agreement for the benefit of Tenant and Landlord in the amount of
$500,000_ Landlord shall be named an additional insured on all insurance policies
obtained by the Tenant.
G. Any prior oral or written agreement or understanding between the parties v41rich has
not been expressly stated in this Lease Agreement is hereby deemed to be waived,
not part of this Lease Agreement, and no longer of any force or effect.
3. General Provisions:
A Tenant will be responsible for the costs of marketing, promotion. minor repairs (less
than 5400 per month), maintenance, utilities, and any other costs incidental to the
operation of a farmers market.
B. Annually, prior to March 1 . Tenant will provide Landlord with Tenant's requests for
capital expenditures or innnrcvennents that may be desired for the upcoming fiscal year
(October 1 througn September 30). Tenant may submit additional written request in
any given fiscal year for capital expenditures or improvements in said fiscal year which
must be approved by Landlord in writing at its sole discretion_
C. Reports_Tenant shall furnish to Landlord quarterly reports, which showthe total gross
receipts_and a list of Allowed Expenses for the previous period and year to date.
Tenant agrees to prepare and maintain adequate records, which will show gross
receipts,for a period of not less than 12 months following the end of each lease period.
Landlord and authorized representatives of Landlord have the right to examine the
records of Tenant during regular business hours. These receipts will be used for
tracking purposes and used to maintain and improve the quality of the market.
D. For any claim resulting from the condition of the Premises not brought to the attention
of the Landlord by Tenant pursuant to provision 2(E) of this Agreement, Tenant
releases Landlord from all claims for loss of life, personal injury, or darr..ge to the
property or business sustained by Tenant or any person claiming through Tenant
resulting from any fire, accident, occurrence or condition in or upon the premises or
any adjacent property owned by Landlord, including, but not limited to, such claims
resulting from:
a. Defect in or failure of plumbing, electrical wiring, water pipes, railing, or walks;
b. Any equipment being out of repair:
c. The bursting, leaking, or running of any drain or any other pipe in or about the
Premises,
Page 3 cE 10
2D22 ease Agreement
PAGE 5 OF 12 PAGES
AGENDA ITEM NO. 7.A
d. The backing up of any sewer pipe:
e. Water, wind. snow, or ice coming through the roof of the structure above the
Premises;
f. Broken glass:
g. Any act or omission of another Tenant, invitee, or other occupant-- and
h. Any act or omission of Landlord, or of its principals, agents_ servants, or
employees, unless caused solely by the negligence of Landlord.
E. The Tenant shall use and operate the Premises in a careful, safe, and reasonable
manner. It shall not use or permit the Premises to be used for any purpose prohibited
by the laws of the United States of America, the State of Texas, or the charter or
ordinances of the City of Wichita Falls and the County of Wichita. It shall not use or
keep any substance or material in or about the Premises which would endanger the
Premises or vitiate the validity of any insurance upon the structure or increase the
hazard of any risk.
F. The Tenant shall not assign or transfer its rights under this Lease Agreement either in
whole or in part without obtaining the prior written consent of the Landlord. Tenant is
authorized to issue License Agreements,approved by Landlord, to entities authorized
by Landlord.
G. The Tenant shall indemnify, defend and hold the Landlord harmless against all
damages, losses, claims, demands, costs, and expenses (including without
limitation, attorneys fees, and court costs) and liabilities of any kind or nature
whatsoever, including injury or damage to persons or property, sustained or
claimed to have been sustained by anyone whomsoever by reason of the
operation, use or occupancy of the Farmers Market by Tenant, whether such use
is authorized by this Lease Agreement or not, or by any act or omission of
Tenant or any of its officers, agents, employees, independent contractors, or
patrons, and Tenant shall pay for any and all damages to the property of the
Landlord, or toss or theft of such property done or caused by such persons. The
insurance coverage specified herein constitutes a minimum requirement which shall
in no way lessen or limit the liability of the Tenant under the terms of this Lease
Agreement. The Tenant shall procure and maintain at its own cost and expense any
additional kinds and amounts of insurance that, in its own judgment, may be necessary
for its protection and the protection of the Premises.
H. All personal property of any kind or description whatsoever, either placed upon or
currently upon the Premises, shall be at the Tenant's sole risk. The Landlord shall not
be held liable for any damage to or loss of such personal property or damage or loss
suffered by the employees, guests, or invitees of the Tenant from any source, including
bursting, overflowing, or leaking of water, sewer, or steam pipes or from heating or
plumbing fixtures, or from gases or odors, or caused in any other manner whatsoever,
except in the case of the gross negligence or willful misconduct of the Landlord.
I. The Tenant agrees to deliver and surrender possession of the Premises to the
Landlord upon the expiration, cancellation, or termination of the Lease Agreement;
The Premises shall be delivered clean and in good repair excepting only ordinary,
normal wear and tear.
Page 4 cE 10
2::22 _ease Agreement
PAGE 6 OF 12 PAGES
AGENDA ITEM NO. 7.A
J. No waiver or any breach of any one or more of the conditions or covenants of this
Lease Agreement by either party shall be deemed to imply or constitute a waiver of
any succeeding or other breach hereunder_
K. The parties hereto acknowledge and agree that in entering into this Lease Agreement
they have not relied upon any statements, representations, agreements, or warranties,
except such as are expressed herein, and that no amendment or modification of this
Lease Agreement shall be valid or bindiigg L.nless in writing alc executed by the parties
hereto in the same manner as the execution of this Lease Agreement.
L. All notices required to be given to the Landlord shall be given by certified or registered
mail at the following address:
City Manager
PO Box 1431
Wichita Falls, TX 76307
All notices required to be given to the Tenant hereunder shall be given by certified or
registered mail at the 'ollovring address:
Executive Director
Dawrtcvwn Wichita Falls Development, Inc.
813 Eighth Street,#1 OD
Wichita Falls, TX 76301
M. The Landlord shall warrant and defend the Tenant in the enjoyment and peaceful
possession of the Premises during the term of the Lease Agreement
N. Nothing in this Lease Agreement shall either obligate or prevent the Landlord from
contributing money and/or manpower as the Landlord may from time to time, in its sole
and absolute discretion, deem necessary for the proper operation, maintenance, and
continued development of the Farmers Market.
O. Landlord shall have, at all times, a valid security interest to secure payment of all
rentals and other sums of money becoming due under this Lease Agreement from
Tenant and to secure payment of any damages or loss that Landlord may suffer by
reason of the breach by Tenant of any covenant, Agreement, or condition contained
in this Lease, upon all goods,wares, equipment,fixtures, furniture, and other personal
property of Tenant which is now on the Premises or which is placed on the Premises
at some later date, and all proceeds from them. The property shall not be removed
from the Premises without the prior consent of Landlord and until all arrearages in rent
and all other sums of money then payable to Landlord under this Lease Agreement
shall have boon paid and discharged, and all the covenants, agreements, and
conductions of this Lease Agreement have been fully complied with and pelormed by
Tenant.
a. Upon the occurrence of an event of default by Tenant Landlord may, in addition
to any other remedies provided in this Lease Agreement or by law, after giving
reasonable notice of the intent to take possession, enter upon the Premises and
take possession of any and all goods, wares, equipment, fixtures, furniture, and
other personal property of Tenant situated on the Premises, without liability for
Page 5 ct 10
2D22 ease Agreement
PAGE 7 OF 12 PAGES
AGENDA ITEM NO. 7.A
trespass or conversion, and the Landlord may sell the same at publ c or private
so o yfth or without having such property at the sale, after giving Tenant
reasonable notice of the time and place of any public sa c o. of 'h-e time after whici
any private sale is to be trade, Landlord or its assigns may purcnabe any items to
be said at such a sale unless they are prohibited frcni doing so by
b. Unless otherwise provided by law, and without intending to excIL.de any other
manner o` givirg Tenant reasonable notice, the requirerreit of reasonable notice
shall be met if such notice is g ven at least 30 days 'before the time of sale. The
proceeds from any such d sposition, less any and aL expenses connected with :he
taking of possession, holding, and selling of the property, including reasonable
attorney's fees and other costs, shall be applied as a credit against .hc
ildebtedness secured by the security interest grafted in this section. Any surplus
shall ae paid to Tenant or as otherwise required by law, and Tenant shall
immediately pay any deficiencies to Landlord. Upon request by Landlord, Tenant
agrees to execute and delver to Landlord a financial statement in a form sufficient
to perfect the security interest of Landlord in the aforementioned property and
proceeds under the provisions Of the Uniform Commeraial Code in force in the
State of Texas, fie stat.itary lien for rent is not v.nived, the security interest
granted in this ar,icle being n addition, and supplemcn:ary. to that lien.
P. Any provision of this Lease Agreement to the contrary notwithstanding this Lease
Agreement shall not be censtrLed or deemed to be or c•eate either a partnership or
joint venture between the _andlord and Tenant.
Q. Sec Attachment 'B'for additional provisions or exclusions.
4. Attorneys Fees and Other Expenses:
If any action at law or in equity is necessary to enforce this Agreement, each party agrees
to pay its own attorney fees and will not seek to recover its attorney fees from the other
pa'ty. Parties acknowledge that pursuant to Tex. Local Govt. Code 271.i53(a)(3), the
total amount of money awarded in an adjudication brought against a governmental entity
for breach of a contract under this statute includes reasonable and necessary attorneys'
fees that are equitable and just. Tenant expressly waives any such statutory rights to
recover attorneys' fees as outlined in 271,153(a)(3).
5. Immunity Retained:
Tenant understands this is not an agreement to provide goods or services to Landlord
under Tex, Local Gov't Code 271 ,151, As such, Parties understand and agree this
Agreement does not waive immunity against Landlord under Tex. Local Gov't Code
27'i,1' 2,
In the event it is determined by a court of competent jurisdiction This is an ag reeme it where
a good or service is provided by Tenant to Landlord Tenant expressly waives any and all
rights granted to Tenant under Tex, .Local Gov't Code §271 151-154 such that Landlord
retains its governmental immunity from suit.
9cSo- 10
2C22 Lease Ag eerr'e"7t
PAGE 8 OF 12 PAGES
AGENDA ITEM NO. 7.A
B. Entire Agreement and Modification:
This Lease constitutes the entire Agreement between Landlord and Tenant and may be
modified or amended only by a written document duly executed by both Landlord and
Tenant.
7. Governing Law:
This Lease shall be governed by and construed in accordance with the laws of the State
of Texas. All legal actions to improve or continue this Lease shall be instituted in the courts
of VVichita County, Texas. if any provision hereof is invalid or unenforceable. then the
remainder of this Lease shall not be affected thereby and shall remain in full force and
effect.
8. Governmental Function:
All parties agree that this Agreement is one that pertains solely to a governmental function
taken by or on behalf of Landlord.Al] parties expressly agree that Landlord is not engaging
in any propriety functions.
SIGNED this day of 2022.
CITY OF WICHITA FALLS NORTH TEXAS VISION OF
VVICHITA FALLS, INC.
By By:
Darron Leiker
City Manager Title:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Page 7 c; 10
2C22 Lease Agreement
PAGE 9 OF 12 PAGES
AGENDA ITEM NO. 7.A
ATTACHMENT A
Authorized Special Events
1. St. Patrick's Day Festival
2. Cajun Fest
3. City Lights
4. Artwalk
5. Other Special Event Rentals as long as they do not conflict with the primary purpose of
Farmers Market Produce Sales.
f'<v b 6v; 10
".,::a"e ri e t
PAGE 10 OF 12 PAGES
AGENDA ITEM NO. 7.A
ATTACHMENT B
Additional Provisions and Exclusions
1 , Tenant shall comply with the provisions of the City Code of Ordinances. Part II,
Chapter 94. Article V "Municipal Produce Market.,,
2, Tenant shall fulfill the duties of the Market Manager as prescribed in the City Code
of Ordinances.
Page 9 cE 10
2D22 ease Agreement
PAGE 11 OF 12 PAGES
AGENDA ITEM NO. 7.A
ATTACHMENT
Rental Fees for Producers and Dealers
Stall Fees:
Farmers: 520.00
Non-Farmers: 525.00
Food Truck Fee — Parked On Site or within a street closure permitted area (Off the
Street):
$25 00
Late Fee — to be charged in addition to the base fee if paid after Thursday, at 5:00 p.m.:
$1000
2C22 yeeme 7t
PAGE 12 OF 12 PAGES
AGENDA ITEM NO. 7.A
CITY COUNCIL AGENDA
April 19, 2022
ITEM/SUBJECT: Resolution authorizing the City Manager to award the Supervisory
Control and Data Acquisition (SCADA) Control System Project for
the water treatment system to Prime Controls, L.P. in the amount of
$905,000.00.
INITIATING DEPT: Public Works
STRATEGIC GOAL: Provide Quality Infrastructure
STRATEGIC OBJECTIVE: Enhance focus on Long-Term Street and Utility
Infrastructure Needs
COMMENTARY: The Supervisory Control and Data Acquisition (SCADA) control
system for both the water treatment plants is absolutely essential for the operations of our
water treatment plants as well as the raw water pump stations and the distribution system.
The current SCADA system that was installed in 2008 has become outdated and very
unreliable. It is actually still operating under the Windows XP platform from the late 1990's.
Portions, or all of the system goes down on a frequent basis leaving operators in the
"dark" as to the status of all the equipment, chemical feed system, monitoring equipment,
pumps, and distribution storage tanks, forcing the plant operators to operate blindly until
the system can be re-booted and brought back on line. The system has outlived its useful
life and replacement equipment and patches for the software are no longer available.
Therefore, on August 17, 2021 , Council approved an engineering design agreement with
Black & Veatch Engineering to design a new SCADA system. The new SCADA system
will replace and upgrade the existing SCADA software, servers, and work stations at both
Jasper and the Cypress Water Treatment Plants. It also includes the creation of a
microwave link between the Jasper WTP and Cypress WTP for better operational control
and sharing of information for regulatory reporting. Lastly, the project will include replacing
the dial-up modem link between Lake Arrowhead and Cypress WTP for better
communications and more operational control over the raw water pump station.
Staff received two bids for the project on April 5, 2022 and they are as follows:
• Prime Controls LP $905,000.00
• RLC Controls, Inc. $1,143,594.38
Prime Controls is a capable SCADA contractor and has performed maintenance work on
the existing SCADA system for the City and are familiar with the operations of the water
treatment plant. Therefore, based on their experience and firsthand knowledge of the
City's water treatment plants, staff and our consulting engineer recommend award of the
PAGE 1 OF 6 PAGES
AGENDA ITEM NO. 7.B
project to Prime Controls LP. Funding for the project will be provided from American
Rescue Plan Act (ARPA) funds. The work for the new upgrade to the SCADA system will
take 500 days.
® Director, Public Works
ASSOCIATED INFORMATION: Resolution , Bid Tab, Engineering Services Agreement
® Budget Office Review
® City Attorney Review
® City Manager Approval
PAGE 2 OF 6 PAGES
AGENDA ITEM NO. 7.B
Resolution No.
Resolution authorizing the City Manager to award the Supervisory
Control and Data Acquisition (SCADA) Control System Project for the
water treatment system to Prime Controls, L.P. in the amount of
$905,000.00
WHEREAS, the City of Wichita Falls operates and maintains a potable water
treatment and distribution system.
WHEREAS, the Supervisory Control and Data Acquisition (SCADA)control system
is a critical component for the operation of the water treatment system and has outlived
its useful life and is in need of replacement.
WHEREAS, the City of Wichita Falls received 2 bids for the project and Prime
Controls, L.P. was found to be qualified to complete the work for the replacement of the
SCADA system for the water treatment system.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The City Manager is authorized to execute the contract with Prime Controls, L.P.
in the amount of $905,000.00 to replace the SCADA control system for the water
treatment system.
PASSED AND APPROVED this the 19th day of April, 2022.
MAYOR
ATTEST:
City Clerk
PAGE 3 OF 6 PAGES
AGENDA ITEM NO. 7.B
BID TABULATION
PROJECT:CITY OF WICHITA FALLS WTP
SCADA IMPROVEMENTS CWF22-233-12
BID DATE:04/0 5/2022
Prime Controls. LP RLC Controls, Inc
CONTRACTOR: EST. Lewisville,TX McKinney.TX
ITEM DESCRIPTION QUANT.UNIT BID BID
1 Project Lump Sum 1 LS $904,000.00 $1,143,594.38
2 Fall Protection Equipment 1 LS $1,000.00 $0.00
TOTAL BASE BID $905,000.00 $1,143,594.38
PAGE 4 OF 6 PAGES
AGENDA ITEM NO. 7.B
Black&Veatch Corporation
Row BLACK &V E AT H 5420 LBJ Freeway,Suite 400,Dallas,TX 75240 USA
v.1 469-513-3190 E Si IvaEA@bnr.com
April 7, 2022
City of Wichita Fails WTP SCADA Improvements Project
1300 7th Street B&V Project 410157
Wichita Falls,TX 76301 B&V File 14.4100
Attention: Ms.Teresa Rose, P.E.
Deputy Director of Public Works
Subject! Recommendation of Award for Contract CFW77-233.12
The bid opening for the City of Wichita falls WTP SCADA Improvements Project was conducted on
Tuesday April 5, 2022. A total of two (2) Bids were received and are tabulated below:
Bidders Listed Lowest to Highest Bid Amount) Base Bid Amount(Items No_1&2)
1. Prime Controls, L.P. 5905,000.00
2. RLC Controls, Inc. $1,143,594.38
The Engineers Opinion of Probable Construction Cost for the Base Bid items was$946,550.The bid
spread between the 2 bids received (26 percent difference)is indicative of a competitive bidding
environment. It is our opinion that the bids received are reasonable for the work to be performed. Only
4 potential bidders could have submitted a bid due to pre-qualifications.
As indicated above,Prime Controls, L.P.submitted the lowest Base Bid in the amount of 5905,000.00.
The Base Bid consisted of two Bid items.We have reviewed the costs presented for each of the two Bid
Items that make up the Base Bid and feel the costs presented are reasonable.
We have previous satisfactory working experience with Prime Controls, L.P. in several projects across
the State of Texas.We understand The City of Wichita Falls has been satisfied with Prime Controls,L.P.
performance on the projects Prime Controls, L.P. had done for the city. It is our opinion that Prime
Controls, L_P_ is capable of satisfactorily performing the work under this contract_
We recommend that the City of Wichita Falls award the WTP SCADA improvements Project to Prime
Controls, L_P_with a Contract Amount of 5905,000.00_
If there are any questions or if you wish to further discuss our recommendation,please do not hesitate
to contact us.
Building a World of Difference:
PAGE 5 OF 6 PAGES
AGENDA ITEM NO. 7.B
April 7,2022 I Page 2
Regards,
BLACK&VEATCH CORPORATION
Black&Veatch Corporation—Registration F-258
`2r
Eudomar A. Silva, P.E.
Prcject Manager
cc. Mr. Russell Schreiber,P.E.,City of Wichita Falls
PAGE 6 OF 6 PAGES
AGENDA ITEM NO. 7.B
CITY COUNCIL AGENDA
April 19, 2022
ITEM/SUBJECT: Resolution authorizing award of bid for the City's estimated annual
requirement of Curb & Gutter ready mix to Diamond M Investments
dba Diamond M Concrete in the amount of$42,300.00; and Class S,
Class A, Class C-C ready mix and Flowable Fill to Blue Quill Trucking,
LLC dba Falls Redimix, LLC in the amount of$442,400.00.
INITIATING DEPT: Public Works
STRATEGIC GOAL: Efficiently Deliver City Services
STRATEGIC OBJECTIVE: N/A
COMMENTARY: Bids were opened March 25, 2022 for the purchase of the City's
estimated annual requirement of ready mix concrete and flowable fill. The primary user is
the Street Division; however, other City departments will also have requirements
throughout the year.
Bids are requested by line item for five (5) different types of concrete mix allowing bidders
to bid all or specific items depending on their ability to provide the product. Two (2)
responses were received (bid tabulation attached).
Staff recommends award of bid for the city's estimated annual requirement of Curb &
Gutter ready mix to Diamond M Concrete in the amount of$42,300.00; and Class S, Class
A, Class C-C and Flowable Fill ready mix to Falls Redimix, LLC in the amount of
$442,400.00.
Product is ordered by various departments on an as needed basis.
Staff recommends approval of the resolution.
® Director, Public Works
ASSOCIATED INFORMATION: Resolution , Bid Tab
® Budget Office Review
® City Attorney Review
® City Manager Approval
PAGE 1 OF 3 PAGES
AGENDA ITEM NO. 7.0
Resolution No.
Resolution authorizing the award of bid for the City's estimated annual
requirement of Curb & Gutter ready mix to Diamond M Investments
dba Diamond M Concrete in the amount of $42,300.00; and Class S,
Class A, Class C-C ready mix and Flowable Fill to Blue Quill Trucking,
LLC dba Falls Redimix, LLC in the amount of$442,400.00
WHEREAS, the City of Wichita Falls advertised and requested bids for the City's
estimated annual requirement of ready mix concrete and flowable fill; and,
WHEREAS, bids were received and publicly opened on March 25, 2022; and,
WHEREAS, the City Council desires to purchase ready mix concrete and flowable
fill for use by various city departments during the next twelve-month period.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
Authorization is granted to award the bid for the city's estimated annual
requirement of Curb & Gutter ready mix to Diamond M Investments dba Diamond M
Concrete in the amount of $42,300.00; and Class S, Class A, Class C-C ready mix and
Flowable Fill to Blue Quill Trucking, LLC dba Falls Redimix, LLC in the amount of
$442,400.00.
PASSED AND APPROVED this the 19th day of April, 2022.
MAYOR
ATTEST:
City Clerk
PAGE 2 OF 3 PAGES
AGENDA ITEM NO. 7.0
cA U
w l'
(7
❑ 8 g o a O
w
�� g 8 d co
6 v 4 4 LL w
a H O H
N
g g Cr) Q
a w
ri o o z
a❑ fV 8 0 0 Z
N Q
O g
U 2 0 8 g
ll w- N N O
V
1- w
J w [w7 [7 W -I Y
� a R R x w ~
I a
�
8 8e
dr o o e o e o o e Q 3
j i- ti m } O, , ti m -
VV
FFFF0 !9 N !9 N 4, N V
w
e 6 8 j
Ii CI Pi 3
N an a 4T
W WW -J 8
w w gR
uT
t`, 16 SS S E 8 88 8 il 1 �Z S
w on., s § s sus a c §
ro oO '-Y S S V, a q} ap�� E
C[ 4 0 w N w N w I. 1 4
} 8 8 8 Li
Q z 8 O;r1 Edi ry Ory
n
N N N N
0 7
a
m 2 0m▪ „ a a cam '
H 0 � d 8 8 8 0 8 8 8 i g ,d 8
c c ri d d d d
a x 6I• T0 8R R5 0 PE 8 $ 6 o g
} a 4) N W N a 4.
Ll m m c
r a oca
r o
7 - 0 7
N N M
T 8
N 0
rf r r V 8
Ci
d 8 S S S
y II a a a y A2 CY w g 4u g g $ g g $ s e g
EC) I- ' A' 4 44 ! g r ;
a iT w N w N N N a w
a 8. g'R S a •
o
2 2 2
F F U
2 2 a
N a 0
II
5 g N 0 $8.8 $ 50 e ❑ Y $O�
• my 8 off rA 55 2 c]m O F5
N W a w a w
S G
G r µµ
2 e 2
. N .
a Z f- f- H qW G
❑ 0 X w J W 0
2
Z Qcew Q Q N
= 0
I 8=
a U U y U
5 la_R a"i
CITY COUNCIL AGENDA
April 19, 2022
ITEM/SUBJECT: Resolution authorizing the City Manager to apply for and accept a
Federal Transit Administration Section 5339 Buses and Bus
Facilities Program Grant for the purchase of three (3) 35-foot, low-
floor transit buses in an amount of$1,539,870.
INITIATING DEPT: Aviation, Traffic, & Transportation
STRATEGIC GOAL: Efficiently Deliver City Services
STRATEGIC OBJECTIVE: Practice Effective Governance
COMMENTARY: On March 7, 2022, Wichita Falls Transit Administration staff
received notification of a Federal Transit Administration's (FTA) competitive funding
opportunity entitled "Buses and Bus Facilities" Section 5339 grant program. The Buses
and Bus Facilities program is a $372 million initiative that will make funds available to
public transit providers to finance capital projects to replace, rehabilitate, and purchase
buses and related equipment.
Staff recommends that three additional buses be purchased to replace 2010 model year
transit units that have exceeded 500,000 miles of service. The projected price of a new
35-foot, low-floor bus is now $513,290. Subsequently, the total cost of this project will be
$1,539,870.
Selected projects will be identified by the FTA this summer. If awarded a Bus and Bus
Facilities grant, staff will begin the bid process to select a potential vendor to supply three
35-foot, low-floor buses. It is also anticipated that the successful bidder would be formally
selected by the end of this year. Given staff's experience with low-floor buses previously
purchased, it is further anticipated that the City of Wichita Falls would not receive delivery
of the buses until early 2024. With the use of Transportation Development Credits from
the Texas Department of Transportation, no local match funds will be required for the
purchase of these replacement buses. As a result, it is anticipated that a successful grant
will pay for 100% of the cost of these three buses.
Staff recommends approval of the resolution to pursue and apply for this funding with the
amount requested of$1,539,870 or 100% of the total project cost.
® Director, Aviation, Traffic, & Transportation
ASSOCIATED INFORMATION: Resolution
® Budget Office Review
PAGE 1 OF 3 PAGES
AGENDA ITEM NO. 7.D
® City Attorney Review
® City Manager Approval
PAGE 2 OF 3 PAGES
AGENDA ITEM NO. 7.D
Resolution No.
Resolution authorizing the City Manager to apply for and accept a
Federal Transit Administration Section 5339 Buses and Bus Facilities
Program Grant for the purchase of three (3) 35-foot, low-floor transit
buses in an amount of$1,539,870
WHEREAS, the City of Wichita Falls has identified the need to replace three 35-
foot, low-floor, heavy duty buses; and
WHEREAS, funding for this project may be available through the Federal Transit
Administration under the Buses and Bus Facilities Section 5339 program; and
WHEREAS, the City of Wichita Falls is an identified recipient to receive Section
5339 funding.
WHEREAS, the City of Wichita Falls may apply for TxDOT Transportation
Development Credits to seek 100% funding for this capital purchase to offset local match
requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The City Manager is hereby authorized to apply for and accept a Buses and Bus
Facilities Section 5339 grant in the amount of $1,539,870 from the Federal Transit
Administration for the purchase of three 35-foot, low-floor transit buses.
PASSED AND APPROVED this the 19th day of April, 2022.
MAYOR
ATTEST:
City Clerk
PAGE 3 OF 3 PAGES
AGENDA ITEM NO. 7.D
CITY COUNCIL AGENDA
April 19, 2022
ITEM/SUBJECT: Resolution authorizing the purchase of 6105E John Deere tractor
with a Tiger triple flail mower through the BuyBoard Purchasing
Cooperative from Bane Machinery Fort Worth, LP in the amount of
$166,300.00.
INITIATING DEPT: Aviation, Traffic, & Transportation
STRATEGIC GOAL: Efficiently Deliver City Services
STRATEGIC OBJECTIVE: Practice Effective Government
COMMENTARY: The City Council approved approximately$1.8 million in the FY 2022
budget for capital vehicle replacement. As part of that equipment package, a replacement
tractor and flail mower was included. The unit will be purchased from Bane Machinery in
the amount of$166,300.00 through the BuyBoard Purchasing Cooperative.
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 a John Deere 6105E tractor with a Tiger triple flail
mower through the BuyBoard Purchasing Cooperative from Bane Machinery in the
amount of $166,300.00. This unit will replace a similar John Deere triple flail mower
tractor purchased in 2000 with over 5,500 hours on it. The unit will be used to maintain
mowing as part of the stormwater drainage program.
Budgeted Cost: $140,000.00
Actual Cost: $166,300.00
Budget Shortfall: $26,300.00
Savings from other capital purchases earlier in the fiscal year will correct the shortfall in
the FY 22 budgeted funding for these accessories.
® Director of Aviation, Traffic & Transportation ® Purchasing
ASSOCIATED INFORMATION: Resolution ; BuyBoard documentation
® Budget Office Review
® City Attorney Review
® City Manager Approval
PAGE 1 OF 4 PAGES
AGENDA ITEM NO. 7.E
re t�
rkif
• moor
PF
"=a 4 •
trI
�. ♦ ar
a a �
my�
PAGE 2 OF 4 PAGES
AGENDA ITEM NO. 7.E
Resolution No.
Resolution authorizing the purchase of 6105E John Deere tractor with
a Tiger triple flail mower through the BuyBoard Purchasing
Cooperative from Bane Machinery Fort Worth, LP in the amount of
$166,300.00
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 Bane Machinery is offering a 6105E John
Deere tractor with a Tiger triple flail mower 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 a 6105E
John Deere tractor with a Tiger triple flail mower through the BuyBoard Purchasing
Cooperative from Bane Machinery Fort Worth, LP in the amount of$166,300.00.
PASSED AND APPROVED this the 19th day of April, 2022.
MAYOR
ATTEST:
City Clerk
PAGE 3 OF 4 PAGES
AGENDA ITEM NO. 7.E
w l Bane Machinery fart Worth.L.P. Telephone:S17-e17-5894
IBA E P a fax T7359 Toll Free 1-800-501-2263
Fort'.wrrth Txzht77-o69e Fax tit-232-3382 Oale 43-2t*-21122
MACHINERYQUOTE GOOD FOR 30 DAYS
Contact Wade Ledraey Ph:rne 940-631-5549
Company Croy or+AMU Fps Fax
Address 2160 Seymour Rory Emai wade-looneyC wichitatalls.gov
City lAriChita Fats Ce
Stettinlp x 't c i re'rows 6_'.'_'_`;F_ c:; ..TPA _e 7'1-20.
Purchase Orders Weed to be submitted to:
Tier Corporation
301 rr Loth Name
Sioux Felts,South Dakota 57107
Manufaceirer Tiger
Muriel T3F-HEST4 Tripp Flail
Serial No. New
Equipped With: 110*Rear Flail Mower
Combo Drag Beam Traclnr Mount Kit and Multi-Valve Cable Control system,
McwOr Hydraulic Orion System,MOwor Hydraulic Coolwg System,Front&Roar Guards,Trawl Safety Lock
Added Options; 75'Right&Left Side-Standard Cutter Head
Mc need on John Deere 6105E
Cab unit with► OJIFM radio&CO Player
4-Wheel Driv&12x12 Powertieyerse ur11h Cab&Aur Conditioning
Suyboard Sales Price $166,300.00
SEr^,-I"
SHIP VIA:SANE TRUCK Approximate Delivery:Nowemberit7ecember
TIE Rrr:Sxtpr,DTDNS
All Panes Are F 013,Sliming Pont 8 Cra raa:it c de Applicable Taxes C.li.txannc
Pnoea?ee Suhiect To Change WepartNetre Machines Are Subiect 7 ailabil t7
Tares Are Subec'To Change As Lain rtequres,W4houi Notice
We great/appreca7e/cur business
Pease feel ripe to cenlati r0 with any quesrigrit.
Sincerely. 6r3IgBoard.Approved Vendor
Brant eilAmekier
214-4 -2225 Cell
PAGE 4 OF 4 PAGES
AGENDA ITEM NO. 7.E
CITY COUNCIL AGENDA
April 19, 2022
ITEM/SUBJECT: Resolution approving the programs and expenditures of the Wichita
Falls 4B Sales Tax Corporation Board of Directors and amending the
budget to include funding up to $150,000 to the City of Wichita Falls
to purchase additional livestock panels for use at the J.S. Bridwell Ag
Center.
INITIATING DEPT: City Manager's Office
STRATEGIC GOAL: Redevelop Downtown
STRATEGIC OBJECTIVE: Pursue Public/Private Partnerships
COMMENTARY: TEXAS LOCAL GOVERNMENT CODE § 501.073(a) provides "The
corporation's authorizing unit will approve all programs and expenditures of a corporation
and annually review any financial statements of the corporation."
Timeline
• April 7, 2022 — Corporation Board conducts public hearing and approves request;
• April 19, 2022 — City Council to consider approving budget amendment facilitating
project.
At its April 7, 2022 meeting, the Type B Board approved funding of the City's request for
an amount not to exceed $150,000 to purchase additional livestock panels for use at the
J.S. Bridwell Ag Center. The request from the City to the Board is attached, below, and
staff will be available at the meeting to provide additional information and to answer any
questions.
Photos below show the existing panels and their condition, as well as an example of the
proposed new pens.
Staff recommends approval of the resolution.
® Assistant City Manager
ASSOCIATED INFORMATION: Resolution, Pictures
® Budget Review
® City Attorney Review
® City Manager Approval
PAGE 1 OF 6 PAGES
AGENDA ITEM NO.7.F
cp W
w
QCl- O
z
I� '. -. Kfl �. j a ,* CO
lire x
1 _ Q
am ' I
(9
. , ii, ,}, ..: i, ,:. . .., ..z-7,-1..rj„,.;.:7:- .—:21- : -:.". ...---=—_--- ---.7,_-____"------7--_ —__2_-:
•
➢ 4 _ .4_-_-__--- _....„...„7"
, , $ ': _,
• tI " I .y
�/ � f�
f • .
1'r S; �s� -m�
R i
i _
1 i •
i
r
� i I
# Nl•
jl •
•
MI t �11777�r
iv
•
4 I
1 iJ1
ii ° 11 �1A il ;
Jai,ll —wa 77YI,II A'•
•
_ '' t. ..,
'', _ ,.,---- , ^ ' . gx-:,,,,,.\v...,,:."1,,,! .frW:", ,-. _ ..0,-
q _ v� t .ME 41 tir j.
\f' —
k�
t
r
b ....•
l
>r i -�4 111
11
t' I i
\ ..
' - .- ''' 4+1 J, - . ..._..7.47_:-^ -t,' . . `.
' .j y _ T`jy I �ry` •
�y
-
Wichita Falls Type B Sales Tax Corporation
April 7, 2022
ITEM!SUBJECT: Public hearing and consideration of a funding request from the City
of Wichita Falls to replace the livestock panels used at the J.S.
Bridwell Ag Center_
ATTACHMENTS: photos. 3 bids
STRATEGIC GOAL: Redevelop Downtown
STRATEGIC OBJECTIVE: Enhance focus on culture, arts, and entertainment
Staff Summary:
Timeline
• April 7, 2022—Corporation Board to consider funding request:
• April 19, 2022 — If request approved by Board, City Council to consider ratifying
budget amendment facilitating project.
On October 1, 2021, the City of Wichita Falls brought the management of all MPEC
facilities in-house. Over the last six months, the Director, Ag Manager, and Event and
Operations Manager identified a list of maintenance projects, safety projects. and facility
equipment needs for the Ag Center. The current in-house inventory of 5ft. hog, goat; and
sheep panels can make approximately 300 pens total. Staff believes the current inventory
are the original panels purchased when the building opened. As such, the panels have
begun to rust and the wood splinter and fall apart (see photos).Also,the current pens do
not have gates, which means to enter a pen, the individual must hop over the top of the
panel to access their livestock_
In addition to the deteriorating condition of the panels, some Ag events have grown in
size and need for pens to the extent that the MPEC can no longer accommodate the
event with the current inventory. This results in a potential loss in hotel occupancy tax
revenues if the MPEC loses events clue to a lack of equipment.
Included are pictures of the current panels and three quotes for enough panels to build
an additional 300 pens total.
If the funding request were to be approved. City staff recommends the purchase of the
Priefert panels for a total cost of 148,837.40. The panels are a lighter metal, which
means they are easier to load-in and out and set-up and the pen will include a bow gale
for easy access to the livestock.
City staff recommends the Board open the public hearing ,and consider the request
PAGE 3 OF 6 PAGES
AGENDA ITEM NO. 7.F
1
f , .
go J
duir f
, N
dk i a 5w N L� •' N,' y ,- Bit,J 0. A _�.,.- ._.. - * ..-.....
ilk
0
s
,.�meµ." +
4, .01 r'
yy
t4d
CI"
s
�** .;4• ems- r": 4/
+ ° .
jwM ram. ` �a a.� �.
• '
,.0�i arc'
ri
¢Ph
•
•
' dM "
,..,, �.°
!'�
.. �-
'' ,, • ar y, P
•
n "
PAGE 4 OF 6 PAGES
AGENDA ITEM NO. 7.F
....
.
Li... •
„,. . „
...
1, i . ,..,•.1,.,.. . ii 0
i.•
' 7.'-' 1",,., i l'• ' ,,ji ,611 - s 'pr., I
litil•"'"- •:. t, 11 r
. "
_
A
t:::: j, :1, I ', ,1 I. l' ill ,4 114' : : i II j 1 I I 1
1 ' , 0:
' 'l' . ' . .. ' 1 I 11 ' ' ' ' ' '
, , ,j I, I , , : ij i :
, j I .
1
'I , ,:41 rj 1 1 : r'' ' I' '"I' 1 1,
I
..„.,,, -114', r I
',:r. '101.''''''-• "4'" "''''' . .
.,..
LI
•
• - ,,
-,0 ' " '' ' - -" ;,• '!'''..:7•''',,•,,•'"",-' ... t• •
' ' - ''. ''''''' . '''A;;"", 'i,•%." - " ' ' ' '
,A.•;:, " •• ' " ., •"'''''.'•";•"' -
' '' """'"" i•'` 0
.,'lira r.,..: 1 -,• ;; :, '" ' .''7,," "
•
...";i4( ';„,.`•
-± .
'IP . :, ,..4"• . • -
,.- . ,e4, ' .‘41.- r' -'• It'''. ,... .i - 4.- .i'' .' Is''..i.,:::,,4 '.., •-
• .„,'' '' ', ' . • ''°' ,„ ... • , ' ' ''.,v. .. ., ',.,'„'1'7,411 ''.;,,,.7.,.'.-'4",,' . 0.,, '4 '''.—s .--;:, , 4...'". -„, 1"a:
- .,•.":„.,,...t..-1),'•t•J.*,,c,'",.` . '..,:,.... V' —,.......- ,,, .,'„,...".L... . , - ,'... -
It - '..;7 ;'.'' '''- -T 1. '.- .r, -
it. ''.,-, . . .-,,,,, ' • . ' -..... ''. .. • 0 ? .4.:' * IC,''''' .4.: let. agi.' ''.- ,i,.../,. ' " - :-. ' '' . --•7
PAGE 5 OF 6 PAGES
AGENDA ITEM NO. 7.F
Resolution No.
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 $150,000 to the City of Wichita
Falls to purchase livestock panels for use at the J.S. Bridwell Ag
Center
WHEREAS, Texas Local Gov't. Code § 501.073(a) provides "The corporation's
authorizing unit will approve all programs and expenditures of a corporation and annually
review any financial statements of the corporation;" and,
WHEREAS, on April 7, 2022, the Wichita Falls Type B Sales Tax Corporation
approved the project listed below and as stated in its agenda.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
1. The Wichita Falls Type B Sales Tax Corporation's approval and funding of the
following programs and expenditures, in a total amount not to exceed $150,000 as
described below and in said corporation's agenda, is approved:
An amount up to $150,000 to the City of Wichita Falls to purchase
livestock panels for use at the J.S. Bridwell Ag Center.
2. The current fiscal year budget of the Type B Sales Tax Corporation is amended
to provide for the aforementioned expenditures and changes thereto.
PASSED AND APPROVED this the 19th day of April, 2022.
MAYOR
ATTEST:
City Clerk
PAGE 6 OF 6 PAGES
AGENDA ITEM NO.7.F