AGD 06/07/2022 City of Wichita Falls
City Council Agenda
Stephen Santellana, Mayor :,akz8: a
Bobby Whiteley, Mayor Pro Tem/At Large ��, ° .r,
�., Michael Smith, District 1 s�¢
Larry Nelson, District 2 "� � '.� .
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Tim Brewer, District 4 � (�j �,
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T E X A S Steve Jackson, District 5 t» 'P BtrieSkie.Gokderk 0 ortoree5
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, June 7, 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: Pastor Chris Swinford
Faith Village Church of Christ
(b) Pledge of Allegiance
3. Presentations
(a) Employee of the month — Susan Kimes, Convention & Visitors Bureau
(b) Big Brothers Big Sisters Man Up and Mentor Month, Big Brothers Big
Sisters
(c) Wichita Falls Citizen's Academy Graduation
CONSENT AGENDA
4. Approval of minutes of the May 17, 2022, Regular Meeting of the Mayor and City
Council.
5. Receive Minutes
(a) Park Board, March 24, 2022
(b) Planning & Zoning, April 13, 2022
(c) Wichita Falls Economic Development Corporation, April 21, 2022
(d) Wichita Falls Economic Development Corporation, May 5, 2022
REGULAR AGENDA
6. Public Hearing & Ordinances
(a) Conduct a public hearing and take action on an ordinance annexing +/-
12.455 acres of land out of Block 3, League 2, Denton County School
Survey, Abstract Number 417, Wichita County, Texas, located at 6731
Southwest Parkway, at the request of the property owner; accepting the
Southwest Parkway/GVD Brook Hollow, LLC. Annexation Servicing Plan
Agreement for said tract under authority of Texas Local Government Code
Chapter 43; Subchapter C-3 — authority of municipalities to annex an area
on the request of owners; and rezoning (0.5 acres) and designating the tract
property (12.455 acres)zoning as Multi-Family Residential (MFR) and Land
Use Plan classification as High Density Residential (HDR)
i. Public Hearing
ii. Take Action
(b) Ordinance amending Chapter 22 Article III of Buildings and Building
Regulations to formally adopt the 2017 National Electric Code and removing
reference to the Board of Electrical Examiners and making grammatical and
semantic clarifications, and providing for codification
(c) Ordinance amending the Wichita Falls Regional Airport fiscal year 2022
budget in an amount of $34,965 for the purchase of a replacement Law
Enforcement vehicle
7. Resolutions
(a) Resolution suspending the June 17, 2022 effective date of Oncor Electric
Delivery Company's requested rate change to permit the City time to study
the request and to establish reasonable rates; approving cooperation with
the steering committee of cities served by Oncor to hire legal and consulting
services and to negotiate with the Company and direct any necessary
litigation and appeals; finding that the meeting at which this Resolution is
passed is open to the public as required by law; requiring notice of this
Resolution to the Company and legal counsel for the Steering Committee
(b) Resolution authorizing the City Manager to award bid and contract for the
2022 Alley Rehabilitation Project to Freeman Paving, LLC in the amount of
$355,198.00
(c) Resolution authorizing award of 28 bids to various vendors for the City's
annual supply of bulk chemicals for water and wastewater treatment
(d) Resolution authorizing the City Manager to execute a professional service
agreement with Mead & Hunt for the Lift Station 25 Odor Control Study
Project, in the amount of$85,220.00
(e) Resolution approving the programs and expenditures of the Wichita Falls
Economic Development Corporation (WFEDC/4A) by amending the budget
to include an up to $57,462.50 to Howmet Aerospace to support the
company's purchase of a new filtration system and the retention of 609
employees at their Wichita Falls operation
8. Other Council Matters
(a) Staff Reports
a. Update on Moving of Veteran's Plaza - Lake Wichita Revitalization
Committee/David Coleman & Blake Jurecek
b. Downtown Rezoning Update — Terry Floyd
(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 § 551.087,
to discuss or deliberate the offer of a financial or other incentive to a business
prospect that the City Council seeks to have, locate, stay, or expand in or
near the territory of the City of Wichita Falls and with which the City and/or
economic development corporations created by the City are conducting
economic development negotiations (including, but not limited to, economic
development update and Howmet Aerospace).
(b) 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
CITY COUNCIL AGENDA
PAGE 3 OF 4
Meetings Act (including, but not limited to, legal issues related to Lake
Ringgold).
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
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 1st day of June, 2022 at 5:00 o'clock p.m.
fi/q
City Clerk
CITY COUNCIL AGENDA
PAGE 4 OF 4
CITY COUNCIL AGENDA
June 7, 2022
ITEM/SUBJECT: Employee of the month.
INITIATING DEPT: Multi-Purpose Event Center
NAME: Susan Kimes
DEPARTMENT: MPEC and CVB
HIRE DATE: September 9, 2016
PRESENT POSITION: Marketing Manager
COMMENTARY: Presentation of the Employee of the Month Award (plaque, letter of
appreciation, dinner for two and check for $100).
® Director of Human Resources
® Budget Office Review
® City Attorney Review
® City Manager Approval
PAGE 1 OF 1 PAGES
AGENDA ITEM NO. 3.A
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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
Tim Brewer - Councilors
Jeff Browning -
Larry Nelson -
Michael Smith -
Darron Leiker - City Manager
Kinley Hegglund - City Attorney
Marie Balthrop - City Clerk
Absent: Bobby Whiteley, Mayor Pro Tem/At-Large, Steve Jackson, Councilor District 5.
Mayor Santellana called the meeting to order at 8:30 a.m.
Item 2a — Invocation
Pastor Bobby Gonzales, Southside Baptist Church, gave the invocation.
Item 2b — Pledge of Allegiance
Mayor Santellana led the Pledge of Allegiance.
Item 3-4— Consent Items
8:31 a.m.
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Agenda Item No.4.
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, Nelson, and Smith
Nays: None
Item 3 —Approval of minutes of the May 3, 2022, Regular Meeting of the Mayor and
City Council
Item 4 — Receive Minutes
(a) MPO-TAC, January 13, 2022
(b) Wichita Falls Economic Development Corporation (Amended), February 17, 2022
(c) Lake Wichita Revitalization Committee, April 12, 2022
Item 5a(i) — Public Hearing — Dangerous Buildings and Structures
8:32 a.m.
Mayor Santellana opened the public hearing at 8:32 a.m.
Terry Floyd, Director of Development Services, discussed the timeline and process for
notices sent to the property owners, and published in the newspaper. The following
properties were discussed:
414 Bonner, main structure — Date of notice February 20, 2020, taxes owed $1,809.31,
and water disconnected 05/02/2001 . No public comments.
2602 Buchanan, main structure — Date of notice October 29, 2021, taxes owed $255.43,
and water disconnected October 27, 2020 due to fire. No public comments.
600 Burnett, main structure — Date of notice October 13, 2021, taxes owed $637.41, and
water disconnected 09/02/2021. Ownership transferred and not updated at the Appraisal
District so this property will be removed so the new owners can be properly notified.
1711 Elizabeth, main structure — Date of notice February 27, 2020, no taxes owed, and
water disconnected April 3, 2018.
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Agenda Item No.4.
Ambroso Barboza, 3012 Pennsylvania Rd., addressed the Council and requested
additional time due to health issues. He has five individuals interested in purchasing the
property to either refurbish or demolish and all are aware of the City requirements. He
requested a ninety day extension.
Rita Miller, Code Enforcement and Housing Administrator, suggested that if the Council
granted an extension it be for ninety days from today, and noted that the work would need
to be completed by a licensed contractor. If sold, the new owners would need to obtain
a permit and make substantial progress within the ninety days.
505 N. MLK Jr., main structure— Date of notice October 29, 2021, taxes owed $2,304.55,
and water disconnected May 2, 2021. No public comments.
1903 Taylor, accessory structure only (also known as 2307 1/2 Ave. I) — Date of notice
September 23, 2020, no taxes owed, and water disconnected July 21, 2020, due to fire.
Vida Cooke, 1815 8th Street, requested to make this into a storage facility and stated she
has applied fora roofing permit. She would prefer to spend money to refurbish the building
instead of demolishing it.
Mrs. Miller stated the roofing permit is on hold pending the action taken today, stated that
more than the roof needed to be repaired since there is significant fire damage, and that
the work would need to be completed by a licensed contractor. Code Enforcement has
been receiving complaints on this property.
Wayne Smith, Building Official, discussed the requirements for a restoration permit,
repairs needed, and required inspections.
Councilor Brewer asked if the accessory structure was demolished would they be able to
rebuild it since there is a primary structure on the lot. Mr. Smith stated it depends on the
size and use of the lot and more research is required.
Mr. Leiker stated that a storage facility would be allowed, but if she wanted to have a
residence, she would be required to submit plans for evaluation.
Councilor Browning discussed the need for substantial improvement to the property within
ninety days if the restoration permit is granted. He expressed concerns that it has been
two years since the fire and no work has been completed.
Mayor Santellana asked Ms. Cooke if she understood the amount of structural work that
would have to be completed and she said she understood.
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Agenda Item No.4.
Councilor Nelson asked the square footage of the property, and staff stated it is 1902
square feet. He feels she can get the work completed with the funds she said she has
available. He feels everyone trying to improve their property should be given a chance.
Mr. Floyd noted that it has been two years since the fire and no work has been completed.
Mayor Santellana asked why no work has been completed within the past two years and
Ms. Cooke said she had financial issues but has sold some property.
Councilor Smith asked about a licensed contractor and Ms. Cooke stated that she is a
licensed contractor. Staff said it was acceptable for Ms. Cooke to work on her own
properties since she is a licensed and bonded contractor.
702 Warford, rear apartment — Date of notice September 23, 2020, no taxes owed, water
disconnected March 25, 2020, and fire damage July 16, 2020. Mr. Floyd noted that there
is an active demolition permit and requested this property stay on the list. No public
comments.
2006 10th Street, main structure — Date of notice February 24, 2020, taxes owed
$3,770.26, water disconnected December 10, 2014, and fire damage September 6, 2019.
No public comments.
Two additional citizens asked to speak regarding their properties and staff stated those
properties were removed from the list and owners were notified.
Mayor Santellana closed the public hearing at 9:05 a.m.
Item 5(a)(ii) — Ordinance 15-2022
9:06 a.m.
Ordinance finding certain buildings and/or structures to be dangerous; requiring property
owners to demolish said buildings and/or structures within thirty (30) days of the date of
this ordinance; declaring an emergency and immediate effective date
Moved by Councilor Smith to approve Ordinance 15-2022.
Motion seconded by Councilor Nelson.
Moved by Councilor Smith to amend the Ordinance to remove property at 600 Burnett
due to the property now having new ownership.
Motion seconded by Councilor Nelson and carried by the following vote:
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Agenda Item No.4.
Ayes: Mayor Santellana, Councilors Brewer, Browning, Nelson, and Smith
Nays: None
Councilor Smith moved to amend the Ordinance and allow ninety (90) days for the
restoration of 1711 Elizabeth.
Motion seconded by Councilor Brewer, and carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Nelson, and Smith
Nays: None
Moved by Councilor Smith to amend the Ordinance and allow ninety (90) days for
restoration of 1903 Taylor, aka 2307 1/ Ave I.
Motion seconded by Councilor Brewer and carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Nelson, and Smith
Nays: None
Motion to approve the main motion as amended carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Nelson, and Smith
Nays: None
Item 5b — Ordinance 16-2022
9:08 a.m.
Ordinance amending Chapter 54, Floods, Division III Flood Hazard Reduction Standards,
Sections 54-92 through 54-94 as provided herein to meet Community Rating System
(CRS) Class 8 requirements and providing codification.
Moved by Councilor Brewer to approve Ordinance 16-2022.
Motion seconded by Councilor Browning.
Teresa Rose, Deputy Director of Public Works, discussed the required changes to the
Ordinance to keep our Class 8 rating, the benefits of participating in the CRS, discounts
for citizens for flood insurance, and FEMA's changes to the flood insurance risk rating.
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Agenda Item No.4.
National Flood Awareness Week is March 13-19, 2022.
Motion carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Nelson, and Smith
Nays: None
Item 5c — Ordinance 17-2022
9:25 a.m.
Ordinance appropriating $13,463.76 to the Special Revenue Fund for additional direct
award grant revenue from the State of Texas for the Texas Department of Transportation
Selective Traffic Enforcement Program ("Click It or Ticket") Wave Grant for Fiscal Year
2022 and authorizing the City Manager to accept said funds.
Moved by Councilor Browning to approve Ordinance 17-2022.
Motion seconded by Councilor Smith and carried with the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Nelson, and Smith
Nays: None
Item 5d — Ordinance 18-2022
9:26 a.m.
Ordinance appropriating $13,463.76 to the Special Revenue Fund for additional direct
award grant revenue from the State of Texas for the Texas Department of Transportation
Selective Traffic Enforcement Program ("Operation Slowdown") Wave Grant for Fiscal
Year 2022 and authorizing the City Manager to accept said funds.
Moved by Councilor Brewer to approve Ordinance 18-2022.
Motion seconded by Councilor Browning and carried with the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Nelson, and Smith
Nays: None
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Agenda Item No.4.
Item 6a — Resolution 62-2022
9:28 a.m.
Resolution replacing Resolution 35-2022 and hereby authorizing the City Manager to
award bid and contract for the Lift Station No. 25 Roof Replacement Project to Felix
Salinas Group INC., doing business as Excel Construction Group, previously awarded in
Resolution 35-2022 to Excel Construction Group, LLC — Lubbock Division on March 15,
2022 in the amount of$26,775.00.
Moved by Councilor Browning to approve Resolution 62-2022.
Motion seconded by Councilor Smith.
Russell Schreiber, Director of Public Works, discussed the request from the contractor to
change the name on the contract to a different d.b.a. In the future, contracts will be
required to have a tax id number included to verify the legal name being used.
Motion carried with the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Nelson, and Smith
Nays: None
Item 6b — Resolution 63-2022
9:33 a.m.
Resolution to convey 19 Trustee parcels from the Wichita Falls ISD, Wichita County, and
City of Wichita Falls (Taxing Entities) and authorizing execution of the Quitclaim Deeds
to convey titles to City of Wichita Falls.
Moved by Councilor Brewer to approve Resolution 63-2022.
Motion seconded by Councilor Browning.
Pat Hoffman, Property/Lake Lot Administrator, discussed the following nineteen trustee
properties that are dedicated drainage ditches adjacent to City owned facilities that are
unable to be sold to the general public: 2109 Bluff, 2111 Bluff, 2118 Bluff, 2108 Burnett,
4240 Canyon Trails, 600 Elm, 604 Elm, 1012 Harlan, 2113 Roosevelt, 1000 Terral, 415
Wichita, 402 Woods, and 404 Woods. Wichita County Commissioner's Court and WFISD
School Board have both approved the conveyance of these properties to the City of
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Agenda Item No.4.
Wichita Falls. It was noted that the Public Works department is in favor of the transfer of
ownership, that all properties are undevelopable, and the City already maintains them.
Motion carried with the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Nelson, and Smith
Nays: None
Item 6c — Resolution 64-2022
9:38 a.m.
Resolution to accept the written offers as presented for 3 Trustee parcels and authorizing
execution of the Quitclaim Deeds to convey titles for 720 Star Ave., 1955 Perigo St., and
207 E. Washington St. to Samuel Majano.
Moved by Councilor Brewer to approve Resolution 64-2022.
Motion seconded by Councilor Browning and carried with the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Nelson, and Smith
Nays: None
Item 7 — Public Hearing — Proposed Adoption of 2017 National Electric Code (NEC)
as the City's electrical code
9:41 a.m.
Mayor Santellana opened the public hearing at 9:41 a.m.
Paul Menzies, Assistant City Manager, discussed the need to adopt the 2017 NEC since
the approved NEC in the Code of Ordinances and what we are enforcing are different.
He explained a previous legal opinion regarding state law language regarding the
automatic update of the electrical code without Council action, and how previous City staff
implemented two updated codes based upon this opinion. Current legal staff disagrees
with this opinion and we are taking the required steps to adopt the 2017 NEC. Mr.
Menzies discussed the timeline of postings and required notifications, and stated that plan
reviews and inspections are currently being held to the 2005 NEC standards until this
issue is resolved.
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Agenda Item No.4.
Terry Floyd, Director of Development Services, discussed the proposed adoption of the
2017 NEC, the dates of required postings, notifications sent to contractors, and the
purpose of the public hearing today. He discussed the proposed Ordinance which will
adopt the 2017 NEC, and update the Ordinance to delete any reference to the Board of
Electrical Examiners due to changes in state law and licensing requirements. All local
amendments to the NEC would carry forward in the proposed Ordinance, and Council will
consider approval at the June 7, 2022, meeting.
Councilor Browning discussed concerns with the removal of the Board of Electrical
Examiners, and replacing the board with Chief Building Official. He asked if the
Construction Board of Adjustment and Appeals (CBOA) would still be able to appeal the
NEC, and staff clarified that appeals would still go to the CBOA. Mr. Hegglund noted that
this is addressed in the proposed Ordinance in Sec. 22-403(b).
Michael Grassi, #7 Amber Valley, addressed the Council representing the North Texas
Homebuilders Association as the Government Affairs Liaison, and stated they are not in
favor of how this is being handled. The association feels that code adoptions should be
handled by the CBOA. He discussed the enforcement of the 2017 NEC while the 2005
NEC was in effect, and concerns with how that happened. Mr. Grassi stated that
contractors have been told in the past that the code had to be adopted in its entirety, but
he feels this should be discussed by the CBOA and a recommendation brought forward
to the Council. Mr. Grassi discussed LGC Chapter 214.214 which sets the 1999 NEC as
the state standard, discussed a town hall meeting held on February 22, 2022, regarding
the adoption of the 2020 NEC, provided a letter from the Texas Association of Builders
general counsel, discussed a stakeholders meeting held and discussed the requirements
of Sec. 214.217(f). He contends that the CBOA meets the requirements of LGC
214.217(f) and he believes this process should be stopped and sent back to the CBOA
for a recommendation.
Mayor Santellana asked Mr. Hegglund if there is any reason the Council cannot move
forward with this process.
Mr. Hegglund stated that the Council can move forward, discussed LGC 214.217 and
stated that section (f) is under question due to the Board of Electrical Examiners being
mentioned in the current Code.
Mr. Grassi asked why the CBOA was included initially for the adoption of the 2020 NEC
and other codes, and not now for the 2017 NEC. He stated that this has been a
contentious discussion for a year, expressed concerns with staff not knowing state
statutes, concerns with information not being shared with management, and concerns
with being told that the NEC has to be adopted in full.
Mayor Santellana stated that Council is taking care of updates to the language in the
Code, and the CBOA still has the ability to make recommendations. He discussed the
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Agenda Item No.4.
importance of the CBOA as a board of professional licensed individuals, and discussed
the Council's responsibility to clean up the Ordinance.
Mr. Grassi noted that he does not have an issue with the cleanup of the wording of the
Ordinance, but feels the adoption of the NEC needs to go back to the CBOA to be
discussed. He discussed concerns with trust and misrepresentation, and suggested
rebuilding that trust by sending this back to the CBOA.
Mayor Santellana stated that trust needs to go both ways, and the responsibility of the
Council to address the issue since it has been brought to light.
Councilor Browning stated that this has been a learning process and he agrees with the
Mayor about moving forward, but also agrees that the CBOA should have a voice. He
feels meetings should be set to discuss the issues, and noted that they have been
meeting the 2017 NEC standards for some time and it needs to be adopted. Councilor
Browning stated that he has not received much feedback from electrical contractors
regarding the adoption of the 2017 NEC. He has reached out to union contractors and
they did not have concerns like they did when the 2020 NEC was being discussed.
Councilor Browning stated we all need to work together and find a way to move forward
together.
Mayor Santellana and staff discussed the recommendation to stay two cycles behind the
newest NEC to assist with the amendment process. There was brief discussion regarding
the local amendment process completed by the CBOA.
Mr. Grassi stated that he feels the Council should not vote on the NEC until it has gone
before the CBOA for recommendations. He discussed the expectation he has for staff,
issues with the previous building official, the need for staff to know state statutes, and the
lack of mutual respect that needs to be rebuilt.
Phillip Townsend, 4613 Misty Valley West, read section LGC 551.007 discussing the
requirements to allow public input, the ability of the Council to set limits, and the inability
to prohibit public criticism. He stated that denial of this right is subject to Texas Penal
Code Chapter 39.03. Mr. Townsend stated that he was born and raised in Wichita Falls,
attended High School in Wichita Falls, and is a licensed Architect with forty-two years of
experience in code application. He read a prepared statement regarding his experience,
his legal rights authorized by the state to give his expert opinion, and stated that limiting
this is official oppression. There was discussion regarding the time limits for public
comments, Mr. Townsend requested additional time to finish his statement, and Mayor
Santellana asked Mr. Townsend to wrap up his statement. Mr. Townsend discussed law
regarding charter adoption, and his opinion that former Council violated these laws. He
expressed concerns with the Ordinance requiring vacant structure registration, and
conflicts with Local Government Code. Mayor Santellana asked Mr. Townsend to stay
on topic. Mr. Townsend stated he is giving examples of how the council does not follow
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Agenda Item No.4.
state law. Mr. Townsend discussed the 1999 electrical code effective May 1, 2001, stated
that the Council adopted the 2005 code when they did not legally have the premise to do
so, and that LGC Chapter 214 states that the NEC applies to all construction after January
1, 2006, which he feels means the 1999 NEC applies. He stated his plans would not be
reviewed unless he had the current code on them, but admitted that he did not verify the
current adopted code with the Building Official. He accused the Council of being complicit
to violating law by making then subject to a law suit by citizens for making contractors be
compliant with something the Ordinance nor state law requires. Mr. Townsend stated
that he is against the adoption of the 2017 NEC by Council on June 7th. Mayor Santellana
asked Mr. Townsend to stop his comments and requested he send an email to Council
with any additional comments, or to request a separate meeting.
Councilor Nelson stated he polled several electricians and there is an approximate $3500
increase on a 1200 square foot home to meet the 2017 NEC vs. the 2005 NEC. His point
is that electricians can save money on every house by going back to the 2005 Code
standards.
Mr. Leiker stated that ultimately it is up to the Council to adopt the code they want,
discussed how building codes have safety measures built in, and asked that the Council
remember the safety of the public. He feels the process with the CBOA has worked in
the past and noted safety features that could be thrown out if we revert back to 2005 NEC
from 2017 NEC.
Mr. Grassi stated that the state legislature has set the minimum code requirements which
are safe, and he feels housing affordability should also be a consideration.
Mayor Santellana stated that he feels there is a balance between safety and cost.
Mayor Santellana closed the public hearing at 10:28 a.m.
Item 8—Discussion and public input regarding the future appropriation of the City's
approximately $29.1 million in allocated federal funds via the American Rescue
Plan Act (ARPA)
10:29 a.m.
Jessica Williams, Director of Finance/CFO, reviewed the ARPA Funds project lists, and
reminded the Council of the two grant categories for the approximately $29.1 million
allocated to the City of Wichita Falls. Ms. Williams discussed the need to have an intent
to move forward with some of the projects so it can be discussed at the June 14, 2022,
meeting, and discussed the time constraints to have the funds appropriated.
Mr. Leiker reiterated the need to have consensus, direction and intent.
CITY COUNCIL MINUTES
May 17, 2022
PAGE 11OF14
Page 11 of 14
Agenda Item No.4.
Blake Jurecek, Assistant City Manager, gave a presentation on the $12.5 million for the
full renovation of Memorial Auditorium, and clarified that it is not just a remodel of office
space. The renovation will also address, HVAC, ADA compliance, asbestos abatement,
public restrooms on whole floors, walls, ceilings, and flooring. He discussed
approximately $1 million from the general fund that will be invested into the building to
keep it viable for the next twenty plus years, and discussed venue tax funds that will be
used for renovations to the performance hall inside Memorial Auditorium. Mr. Jurecek
showed pictures of some of the issues that will be addressed, and clarified that there have
been upgrades and maintenance completed over the years, but some of the issues are
due to the age of the building.
Councilor Browning noted that this is an opportunity to update this facility since he does
not see us going out for a bond to construct a new facility. This project is one of his
favorites on the list.
Madeleine Calcote Garcia, 3211 Hollywood Ave., discussed information previously
provided to the Council and shared information from the annual meeting of the Texas
Association of Museums. The three main takeaways from that meeting were mission
statements aligned with national standards, economic impact of wellbeing, and power of
trust in the 21st century. She discussed the perceived value and return on investment of
museums based on follow-up surveys, and discussed the public trust of museums.
Ms. Williams noted that they are seeking feedback from the Council, and Mr. Leiker stated
that he has received quite a bit of feedback and Council seems to be in agreement with
the recommended project list. Ms. Williams noted that there are currently 725 responses
to the online survey and it is ongoing.
Councilor Browning asked about MPEC projects, and there was a brief discussion
regarding projects that are ARPA allowable and projects that will be funded through the
venue tax.
Councilor Smith stated that he supports all of the projects on the ARPA requirements list
and specifically the Memorial Auditorium renovation, the Arts Community
recommendation, and the assistance to non-profit organizations that support our
community. He noted some suggestions he has received that do not fit this list, but would
fall under our Capital Improvement Plan, discussed the need to look at the Parks Review
document during the budget process, and the need to fund the Lake Wichita parking lot
project.
Mr. Jurecek addressed the Parks plan and stated they are looking into funding a Parks
Master Plan.
CITY COUNCIL MINUTES
May 17, 2022
PAGE 12 OF 14
Page 12 of 14
Agenda Item No.4.
Item 9a — Staff Report — Backflow Prevention Program — Terry Floyd
10:53 a.m.
Terry Floyd, Director of Development Services, discussed the Backflow Prevention
Program, and desired improvements. He discussed how backflow can happen, concerns
with cross connection, and state laws regarding backflow prevention. Currently we have
a manual process and there is a need to move to an online system that will reduce staff
time and reduce the current fee. Mr. Floyd stated that staff proposed the fee be reduced
from $90 to $30, and he discussed the timeline of implementation.
Item 9b - Announcements concerning items of community interest from members
of the City Council. No action will be taken or discussed.
11:08 p.m.
Councilor Brewer thanked everyone for their support during the tragic time of the loss of
his daughter. He appreciates all of the food, cards, and flowers.
Councilor Smith discussed the Police Memorial Ceremony that many attended yesterday
and stated that it was a memorable event. He discussed questions and concerns he has
received regarding the use of the IPR system, and noted the amount of water put back
into our lakes from this system.
Councilor Browning reminded citizens that all of the Council's contact information is
available online, and he would appreciate the opportunity to address issues prior to a
council meeting.
Councilor Nelson thanked staff for the assistance with repairs to the railroad tracks, and
discussed the need for awareness so items can be brought to staff.
Mayor Santellana discussed the need to stick to the five minute rule on comments not to
limit the right to free speech, but stated it is important that they stay on topic.
Item 10 — Comments from the Public to Members of the City Council Concerning
Items That Are Not on the City Council Agenda
11:16 a.m.
There were no comments from the public.
CITY COUNCIL MINUTES
May 17, 2022
PAGE 13 OF 14
Page 13 of 14
Agenda Item No.4.
Item 11 — Executive Session
City Council adjourned into Executive Session at 11:16 p.m. in accordance with Texas
Government Code §551.074, regarding the Municipal Court Judge position.
City Council reconvened at 11:34 a.m.
Mayor Santellana reconvened in open session and announced that no votes or polls were
taken.
Item 12 —Adjourn
Mayor Santellana adjourned the meeting at 11:34 a.m.
PASSED AND APPROVED this 7th day of June 2022.
Stephen Santellana, Mayor
ATTEST:
Marie Balthrop, TRMC, MMC
City Clerk
CITY COUNCIL MINUTES
May 17, 2022
PAGE 14 OF 14
Page 14 of 14
Agenda Item No.4.
Wichita Falls Park Board Meeting
March 24, 2022
W.F. Recreation Center
600 11th Street
Time: 1:30pm
Presiding: Jim Heiman
Members Present: Thomas Taylor, Alan Donaldson, Larri Jacoby,
Dorcas Chasteen, Charlie Zamastil, Michael
Battaglino, Jessica Traw
Members Absent: Crystal Byrd, Sandy Fleming, Patrick Hearn
City Council Representative: Absent: Steve Jackson
Other: Scott McGee, Terry Points (Staff Liaison)
1. CALL TO ORDER:
Jim Heiman called the meeting to order at 1:30 p.m.
2. APPROVAL OF MINUTES:
The minutes from January 27, 2022 were put before the Board for approval.
Charlie Zamastil made the motion to approve the minutes and Larri Jean Jacoby
seconded the motion.
3. DEPARTMENTAL REPORT:
A. Recreation: Scott McGee
• Annual Fishing Rodeo was held, Saturday March 5. Over 250 kids
attended
• 50 Plus Zone member count is up to 200 visitors per day
• 50 Plus Zone Murder Mystery Dinner Theater will be March 24,
2022 Tickets are sold out
• Applicants for Summer Recreation Jobs are slowly coming in.
Recreation staff will be attending MSU job fair on April 5, 2022
• Spring Volleyball season kicked off. We have 10 Co-Ed teams
• Spring Softball season opened there are 26 teams signed up
• Spring Basketball registration is underway
• Sport Complex hosted the Flag Football World Championship
Series Regional Qualifier this past week there was 34 teams from
all over Texas, Louisiana and New Mexico competing
• Spring Concert series starts April 7, at the Farmers Market in
adjacent to Downtown Development Art Walk with The Wichita
Youth Symphony Orchestra
Page 1 of 2
Agenda Item No.5.a
B. Parks: Terry Points
• Rotary's new playground is complete and park sign was also
redone
• Crews are painting park restrooms, playgrounds, signs
• Parks Dept. is removing selected old equipment in parks
• Swinging Bridge will be closed Monday — Friday next week for
wood and fence replacement
• Removed all baskets at Lucy Park Disc Golf Course. WFDGA
helped install new baskets.
• Vietnam Memorial is getting new trees & sod. DAR ceremony is
March 29, 2022 @ 11:00am
• Removed large area of Junipers & planted sod near MPEC flag
pole area
• Applied for CDBG funds for Bridwell Park multi-purpose courts
including 6 basketball goals and 2 futsal ball goals ,
Baseball diamond, redoing dug outs, benches and fountain
• City Job Fair held in February parks hired 3 new employees, and
still short 16 employees
C. Circle Trail Updates:
• Concrete poured by Larry Marine Center at Lake Wichita for circle
trail will open up around March 28, 2022
• Michael Battaglino was appointed as the Park Board liaison for
the Lake Wichita Revitalization Committee.
4. Park Reviews Sub-Committee Update:
• A Final Report from the Park Review Sub-Committee was handed
out to the Park Board committee
5. Other Business, Announcements, Comments:
Signature: (74/‘
�nr
Jim eiman (1st Chair Person
Page 2 of 2
Agenda Item No.5.a
MINUTES
PLANNING & ZONING COMMISSION
April 13, 2022
PRESENT:
Michael Grassi ♦ Member
Blake Haney ♦ Member
Noros Martin ♦ Member
Anthony Vidmar ♦ Member
Mark McBurnett ♦ SAFB Liaison
Doug McCulloch ♦Alternate No.1
Steve Wood ♦Alternate No 2
Jeremy Woodward ♦Vice-Chair
Councilor Whiteley ♦Council Liaison
James McKechnie, Deputy City Attorney ♦City Staff
Fabian Medellin, ACIP, Planning Manager ♦City Staff
Christal Ashcraft, Development Services Admin. Assist. ♦City Staff
ABSENT:
David Cook ♦Chairman
Wayne Pharries ♦ Member
Steve Lane ♦ Member
Cayce Wendeborn ♦ Member
I. CALL TO ORDER
The meeting was called to order by Vice Chairman, Mr. Jeremy Woodward, at 2:00
p.m. Vice Chairman Woodward proceeded to make the following comments:
a. This meeting is being televised live on Channel 1300. It will be replayed at
2:00 p.m. daily including Saturday and Sunday until the next live meeting is
aired which will be the second Wednesday of next month at 2:00 p.m.
b. Motions made by the Commission members include all staff
recommendations and developmental requirements listed in the staff report.
Any deviations will be discussed on a case-by-case basis and voted on
accordingly.
c. Applicants and citizens who wish to address the Commission or answer
questions from the Commission members are asked to please speak into the
microphone at the podium. This meeting is being taped and there is no
microphone to record statements made from the audience.
d. Commission members, when speaking please remember to press the button
to turn on your microphone.
Page 1 of 2
Agenda Item No. 5.b
Planning and Zoning 2 April 13, 2022
e. Please silence all cell phones during the meeting. If it is necessary for you to
have a cell phone conversation during the meeting, please use the hallway
outside this room.
III. PUBLIC COMMENTS
Vice Chairman Woodward asked if there were any comments from the public. With
no response, Mr. Woodward closed public comments.
IV. APPROVAL OF MINUTES
Mr. Noros Martin made a motion to adopt the March 9, 2022, minutes. Mr. Michael
Grassi seconded the motion. The motion was passed unanimously, 7-0
VII. CONSENT AGENDA
Case P 22-09 Cherokee Industrial Park, Preliminary
Case P 22-10 Dilts Subdivision, Lots 1-9, Block 1
Chairman Woodward asked if anyone had an item to be moved to the regular
agenda. Nothing to be moved, Mr. Noros Martin made a motion to approve the
consent agenda. Mr. Steve Wood seconded the motion. Motion passed
unanimously, 7-0.
VIII. OTHER BUSINESS
Planning and Zoning Commission training with handouts and presentation.
IX. ADJOURN
Vice Chairman Woodward adjourn d the meeting at 2:34 p.m.
/irp2-
David Coo
hair �.C �,�ak �eewr�A Date
Si;-27/2L
Terry F y , irector of Development Services Date
Page 2 of 2
Agenda Item No. 5.b
MINUTES OF THE
WICHITA FALLS ECONOMIC DEVELOPMENT CORPORATION
April 21,2022
Present:
Leo Lane. President § WFEDC Members
David Toogood,Vice President §
Phyllis Cowling, Secretary-Treasurer §
Darron Leiker §
Brent Hillery §
Paul Menzies,Assistant City Manager § City Administration
Blake Jurecek,Assistant City Manager §
R. Kinky Hegglund,Jr., City Attorney §
Jessica Williams, Chief Financial Officer §
Terry Floyd,Director of Development Svcs
Chris Horgen, Public Information Officer §
Paige Lessor, Recording Secretary §
Henry Florsheim, President and CEO § WFCCI
David Leezer,V.P. Business Attraction §
Matt Anderson § Sherrill&Gibson,PLLC
Jana Schmader § Downtown Wichita Falls Development
1. Call to Order
Leo Lane called the meeting to order at 2:34 p.m.
2. Strategic Discussion—City's Downtown Rezoning Initiative.
Mr.Paul Menzies introduced Mr.Terry Floyd,Director of Development Services,to the Board and
provided a brief overview of the history of the City's downtown development initiative. In 2017, the City
Council put together a downtown steering committee of 11 members, including the mayor,city councilors,
downtown stakeholders, and 4B Corporation members. The committee members included Mayor
Santellana, Councilor Chenault, Councilor Brewer, Danny Ahem, Rick Hatcher, Cody Magafia, Scott
Poenitzch,Ripley Tate, Christy Whiteley, Dusty Potter, and Dave Clark. By 2018, several subcommittees
had formed to make recommendations to the full committee.
The committee put together a 14-point plan,with one of the plan items being a proposed rezoning
or realignment of the downtown zoning districts based on recommendations from a hired consultant. After
delays due to Covid and city staffing levels,the City finally proposes carrying out that downtown plan.
Mr. Floyd addressed the Board and stated that Freese and Nichols created the 14-point plan,and it
encompassed three main areas: zoning,the development process, and economic development. Mr. Floyd
said that zoning realignment was the most high-impact item outlined in the plan that could be accomplished.
Mr.Floyd stated that a Property Maintenance Code and Vacant Structure Registry were added in December
2021.Both are high-impact items.Other things done to date are the zoning alignment for improved services
WFEDC Minutes 4/21/2022
Page 1 of 3
Page 1 of 3
Agenda Item No.5.c
downtown,the TIF4 Board has been activated,and the 4B improvement grants.The City applied for a grant
to do the Downtown Streetscapes Project and continues to pursue funding for that project.
As of today,there have been five meetings. There was a public forum at the MPEC in December,
and then communication with each zoning area was established.There are four different zoning categories
in the greater downtown area: River Development District, Central Business District, Light Industrial
District,and General Commercial District.Letters were mailed to individual property owners who will have
their underlying zoning changed,and the public information office worked with Downtown to help promote
the work. Meetings were held in March and April in the library, with approximately 10 to 15 property
owners in attendance. The sessions had substantive input, information and questions, and the attitude was
generally very favorable toward the proposed plan and how to move it forward.
Now the City will start to finalize the zoning amendments. Mr. Floyd presented a PowerPoint
presentation with a map of the current and future zoning in the greater downtown area. He explained that
there are 824 parcels downtown and described what specific zoning changes would be made. One hundred
eighty-three properties will have an underlying change. He explained that there might be some non-
conforming properties with this zoning realignment.If the use of the property ceases for a certain period of
time, it may lose its grandfathered non-conforming status,but there is an appeal process.
Mr. Floyd explained that the zoning ordinance section would be a table, which would allow
potential business owners and city staff to have a clear and concise definition of what different uses are
permitted. He told the Board that the draft information is available on a dedicated page on the City's
website.
Mr. Floyd gave a timeline of the implementation, stating that on June 7, he will provide the City
Council with an update. On June 8, a work session with the Planning and Zoning Commission will begin.
Then on July 13, the ordinance will be reviewed, considered, and recommended to be adopted by the
Council. On July 19,there will be another Council update that would potentially put the ordinance on the
August 2 Agenda for consideration and possible adoption. Once the ordinance passes,the City would start
notifying owners of its passing.
Mr.Floyd explained that this is not a change that will be immediate and will take time,but he thinks
the zoning aligns with the future of Downtown, allows for more uses,and clarifies those uses.
Mr.Lane asked if,for example,if a fabrication shop's zone changes,what would happen.Mr.Floyd
answered that nothing would happen for the entirety of that use.As long as the building and business are
active, a non-conforming business will be allowed to continue to operate. However, if that business were
to close and remain vacant for a certain amount of time, it would lose its non-conforming status. This
timeframe has not yet been decided. Currently, it is two years, but Mr. Floyd stated that the City feels that
one year is a good compromise.
Ms.Cowling asked if a business decided to sell to another entity that does the same type of work,
would that non-conforming status follow the business or go with the property. Mr. Floyd stated that the
status would go with the property. Regardless of who is occupying the space,as long as they are doing the
same type of work,the property will keep its non-conforming status.
Ms. Cowling then asked what the objective of the realignment was. Mr. Floyd explained that the
changes in Downtown are happening quickly, so as Downtown is reshaping organically?the rezoning will
help match that vision in the future.
3. Consent agenda
a. Approval of minutes(February 17,2022)
Mr. Leiker moved to amend a statement made by him, Ms. Cowling moved to correct the
spelling of her name, and Mr. Toogood moved to clarify that no discussion or action was taken
regarding Panda Biotech.Mr. Leiker moved to approve the minutes as amended. Seconded by Mr.
Toogood.the motion carried 5-0.
b. Financial Report
WFEDC Minutes 4/21/2022
Page 2 of 3
Page 2 of 3
Agenda Item No.5.c
Mr. Menzies stated that five months into the fiscal year, sales tax is running 16.5% above
last year. If this trend were to continue to year-end, there would be an extra one million dollars in
sales tax revenue that hadn't been budgeted. The WFEDC has a little more than $1,000,000 in
unencumbered funds.
4. Executive Sessions
Mr. Lane adjourned the meeting into executive session at 2:57 p.m. pursuant to Texas
Government Code §§ 551.087 and 551.071. He announced the meeting back into regular session
at 4:45 p.m. The subjects posted in the Notice of Meeting were deliberated, and no votes or further
actions were taken on the items in executive session.
5. Adjourned.
The meeting adjourned at 4:46 p.m.
Leo Lane, President
WFEDC Minutes 4/21/2022
Page 3 of 3
Page 3 of 3
Agenda Item No.5.c
MINUTES OF THE
WICHITA FALLS ECONOMIC DEVELOPMENT CORPORATION
May 5,2022
Present:
Leo Lane,President § WFEDC Members
David Toogood, Vice President §
Darron Leiker §
Brent Hillery §
Stephen Santeliana, Mayor § Mayor and Council
Bobby Whiteley, Councilor at Large §
Paul Menzies,Assistant City Manager § City Administration
Blake Jurecek,Assistant City Manager §
R.Kinley Hegglund,Jr.,City Attorney §
Jessica Williams, Chief Financial Officer §
Terry Floyd,Director of Development Svcs §
Chris Horgen,Public Information Officer §
Anndrea Harris,Social Media/Marketing Specialist §
Andie Kidd,PIO Administrative Clerk §
Paige Lessor,Recording Secretary §
Henry Florsheim,President and CEO § WFCCI
David Leezer,V.P. Business Attraction §
Matt Anderson § Sherrill&Gibson, PLLC
Absent §
Phyllis Cowling, Secretary-Treasurer § WFEDC Member
1. Call to Order
Leo Lane called the meeting to order at 2:31 p.m.
2. Approval of Minutes(April 21,2022)
Mr. Hillery moved to approve the minutes. Seconded by Mr.Leiker,the motion carried 4-0.
3. Discussion and possible action authorizing board president to execute a contract with Panda
Biotech,LLC regarding payment schedule
The Board adjourned into executive session.
4. Executive Session
Mr. Lane adjourned the meeting into executive session at 2:32 p.m. pursuant to Texas
WFEDC Minutes 5/5/2022
Page 1of2
Page 1 of 9
Agenda Item No.5.d
Government Code § 551.087. He announced the meeting back into regular session at 3:22
p.m. The subjects posted in the Notice of Meeting were deliberated, and no votes or further
actions were taken on the items in executive session.
5. Motions
Panda Biotech,LLC Extension Agreement.Mr.Leiker moved that the Board authorize President
Lane's signature on and ratification of the Extension Agreement between Panda Biotech,LLC and
WFEDC. Seconded by Mr.Toogood, motion carried 4-0. Extension Agreement attached.
6. Adjourned.
The meeting adjourned at 3:23 p.m.
Leo Lane, Prc-s d.,nt
DA.V i d `coon cool VP
WFEDC Minutes 5/5/2022
Page 2 of 2
Page 2 of 9
Agenda Item No.5.d
CERTIFICATE OF RATIFICATION AND APPROVAL
OF AMENDMENT AGREEMENT BY
WICHITA FALLS ECONOMIC DEVELOPMENT CORPORATION
THE UNDERSIGNED hereby certifies as follows:
1. I am the President of the Wichita Falls Economic Development Corporation, a Texas
development corporation ("WFEDC"). I have personal knowledge of the facts certified in
this Certificate ("Certificate") and the authority to execute it on behalf of the WFEDC.
2. On May 5, 2022, at a duly called meeting in accordance with applicable law, the Board of
the WFEDC voted to approve and ratify that certain Extension Agreement ("Agreement")
between the WFEDC, as Lender, and Panda Biotech, LLC, ("Panda"), a true and correct
copy of which is attached hereto as Exhibit A.
-FP
IN WITNESS WHEREOF, I have executed this Certificate this s day of May, 2022.
BY:
Leo Lane, President
Page 3 of 9
Agenda Item No.5.d
Exhibit A
[Begins Next Page]
4878-1974-4542,v 2
Page 4 of 9
Agenda Item No.5.d
EXTENSION AGREEMENT
This Extension Agreement ("Agreement") is made and entered into as of this 2' day of
May 2022 ("Effective Date"),subject to the conditions precedent set forth in Section 4 below,by
and between Panda Biotech,LLC,a Delaware limited liability company("Borrower")and Wichita
Falls Economic Development Corporation,a Texas development corporation ("Lender").
Recitals
A. Lender has loaned to Borrower, and Borrower has borrowed from Lender, the
amount of $1,000,000.00 ("Loan") in accordance with the terms of a certain Performance
Agreement between the Wichita Falls Economic Development Corporation and Panda Biotech,
LLC for Incentives to Create Primary Jobs at 8600 Central Freeway North in Wichita County,
Texas dated February 12, 2021 ("Performance Agreement")
B. The Loan is evidenced, in part, by a certain Purchase Money Promissory Note,
dated February 12,2021,executed by Borrower and payable to the order of the original Lender in
the original principal amount of$1,000,000.00 ("Note").
C. The Loan is secured by a certain Purchase Money Security Agreement ("Security
Agreement") dated February 12, 2021, granting Lender a first lien purchase money security
interest in specified items of equipment described therein.
D The original maturity date of the Note is August 6,2021. Since that date the parties
have informally extended epayment of the Note on a demand basis, including the accrual of
interest from and after January 1,2022 at the per annum rate of 5%.
E. On April 15,2022,Borrower made a payment of$50,000.00.
F. The Borrower and Lender agree that, as of May 1, 2022,the total unpaid balance
of the debt owing by Borrower to Lender under the Note is as follows:
Principal balance: $964,246.58
Accrued interest: S2,113 42
Lender's fees and expenses: S3,000.00
_Total S969,360.00
G. Borrower and Lender now wish to formalize their understandings as to an amended
maturity date in order to allow Borrower, directly or through its direct or indirect subsidiary,time
to complete the issuance and sale of bonds to finance business operations and expansion thereof
contemplated by the Performance Agreement ("Bond Issuance") It is understood that proceeds
of the Bond Issuance will be applied to repayment in full all debt owing to Lender in respect of
the Loan.
4859-5364-9438 v 2
Page 5 of 9
Agenda Item No.5.d
Terms of Agreement
Therefore, in consideration of the foregoing premises and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, Borrower and
Lender agree as follows:
1. Incorporation of Recitals. The foregoing recitals are acknowledged by the parties
to be true and correct and are incorporated by reference for all purposes
2. Defined Terms Capitalized terms not otherwise defined herein will have the
meaning set forth in the Performance Agreement,Note,and Security Agreement, as applicable.
3. Stipulation as to Balance Due• Borrower and Lender hereby stipulate and agree that,
as of May 1, 2022, the total unpaid balance of the debt owing by Borrower to Lender under the
Note is correctly stated in¶P of the Recitals and such total amounts are due and owing and is just,
due,owing,unpaid,and subject to no offsets, deductions, credits, charges, defenses, or claims of
any kind or character.
4. Conditions Precedent to Effectiveness. This effectiveness of this Agreement shall
be subject to the following terms and conditions, it being expressly agreed that(i)this Agreement
shall be and become effective as of the date hereof when and if the conditions precedent set forth
in clauses(a), (b) and(c)below shall have been satisfied and(ii)if such conditions precedent are
not satisfied in full on or before May 15, 2022, this Agreement shall be of no force or effect and
the obligations in respect of the Loan shall be immediately due and payable in full:
a. Execution• A counterpart of this Agreement shall be executed by Borrower
and delivered to Lender and a counterpart of this Agreement shall be
executed by Lender and delivered to Borrower(in each case email delivery
being sufficient)on or pnor to May 5,2022,with the express understanding
that this Agreement shall remain in all respects subject to the conditions
precedent set forth in this Section 4.
b. Amendment Payment. Borrower agrees to pay to Lender on or before May
15`i', 2022, the amount of $50,000.00 ("Amendment Payment"). The
Amendment Payment will be applied by Lender in the following manner:
Fees and expenses reimbursable to Lender S3,000.00
Accrued,unpaid interest on Note• $3,962.66
Reduction of principal balance of Note S43 03 7.34
c. Board Approval. This Agreement shall be approved and ratified by the
Board of Lender on or before May 15th,2022
5. Stipulation of Amounts Due after Amendment Payment. Borrower and Lender
hereby stipulate and agree that,assuming that the Amendment Payment is made in full on or before
Page 2 of 5
4859-3267-1006,v 7 4859-5364-9438 v 2
Page 6 of 9
Agenda Item No.5.d
May 15`h, 2022, after the application of the Amendment Payment the total unpaid balance of the
debt owing by Borrower to Lender under the Note will be as follows:
Principal balance: $918,209.24
Accrued interest: $0.00
Lender's fees and expenses: $0.00
Total $918,209,24
b. Month!} Payments. As further consideration for this Agreement and the extension
of maturity of the Loan, and as a condition to Lender's agreement herein,Borrower Agrees to pay
Lender $50,000.00 on or before the 15th day of each calendar month (a "Monthly Payment"),
commencing on June 15, 2022, and continuing until the Revised Maturity Date (defined below),
The Monthly Payments will be applied by Lender in the following manner. (a) first, to fees and
expenses reimbursable to Lender under the terms of the Note and Security Agreement; (b)then,to
accrued,unpaid interest on Note; and(c)then,to reduction of principal balance of Note.
7. Amendment ofMaturity Date. In consideration of and conditioned on the payment
of the conditions precedent specified in Section 4 and the timely payment of all Monthly Payments,
Lender agrees that the maturity of the Loan is hereby extended until the earlier (the ("Revised
Maturity Date") of (a) September 1, 2022; or (b) 7 days following the Borrowers receipt of
proceeds from the Bond Issuance. On the Revised Maturity Date all obligations under the Note
and Security Agreement shall be immediately due and payable in full without requirement for
notice or demand.
8. No Waiver by Lender Except to the extent expressly amended hereby, nothing in
this Agreement will be deemed to constitute a waiver by Lender of any right, remedy, claim,
demand, or cause of action that Lender now has or will acquire, or that has arisen or will arise,
under this Agreement,the Performance Agreement,the Note, and/or the Security Agreement.
9. Default by Borrower. Borrower agrees and stipulates that if Borrower breaches
any provision of this Agreement, the Note, or Security Agreement, Lender may immediately
proceed to enforce any right or remedy available to it for default in the payment of the Note,
without the necessity of giving Borrower (a) any notice of such default or(b) any period of tune
in which to cure such default that might otherwise be provided for under the Note, and/or the
Security Agreement,it being agreed that all such notices and cure period of every kind are hereby
waived and released,unless and until such time that Lender by further wntten agreement reinstates
the Note. Without limitation of the foregoing, Lender's right to enforcement will apply, without
notice to Borrower, if Borrower fails to—
a. Timely make the Amendment Payment and/or any Monthly Payment;or
b. Continue to comply with all other terms and conditions of the Note and
Security Agreement and allow no other defaults or events of default to occur
under the terms of the Performance Agreement.
Page 3 of 5
4859-3287-1006,v 7 ;5r,9-534,4-9438 v 2
Page 7 of 9
Agenda Item No.5.d
10. Tailing of Limitations Borrower hereby stipulates and agrees that, from the
Effective Date through the Revised Maturity Date,the statute of limitations governing enforcement
of the Note and the Loan Agreement will be and is hereby tolled, notwithstanding the original
maturity date of the Note. As a result of the foregoing,Borrower agrees that Lender will have the
full statutory limitations period in which to enforce its rights under the Note and Security
Agreement and that such statutory limitations period will begin to run on the day following the
Revised Maturity Date.
11. Reaffirmation. Borrower,hereby confirms and agrees that its liabilities under the
Note and Security Agreement are and will remain enforceable against Borrower in accordance
with their terms, are, and will continue to be, in full force and effect;will not be reduced,altered,
limited, or lessened; .ill be increased by and secure the fiall amount of the Note; and are hereby
confirmed, ratified, extended, and increased in all respects. Borrower stipulates and agrees that
this Agreement will not impair the Security Agreement or any liens or security interests securing
the Note; that such liens and security interests will not in any manner be waived, released, or
extinguished; and that such liens and security interests are hereby acknowledged to be valid and
subsisting and are hereby renewed and extended to secure payment of the Note and all other
obligations under the Performance Agreement.
12. Representations and Warranties. Borrower hereby reaffirms that, as of the
Effective Date of this Agreement, the representations and warranties of Borrower set forth in the
Security Agreement are true and correct on the date hereof as though made on and as of the date
of this Agreement. In addition,Borrower hereby represents and warrants to Lender as follows:
a. Each of the terms and conditions of the Performance Agreement,Note and
Security Agreement are in full force and effect, and there are no claims or
offsets against, or defenses or counterclaims to, Lender's enforcement of
the Note and/or Security Agreement;
b. This Agreement constitutes the legal, valid, and binding obligation of
Borrower and is enforceable against Borrower in accordance with its terms;
c. The consideration received and to be received by Borrower under this
Agreement is adequate and sufficient in all respects;and
d. This Agreement is being entered into by Borrower voluntarily, and
Borrower has relied on the advice of its independent legal counsel in
evaluating whether to enter into this Agreement.
The continuing validity in all respects of the representations and warranties by Borrower
set forth in this Agreement will be a condition precedent to the performance by Lender of its
obligations and agreements under this Agreement If any of the foregoing representations and
warranties by Borrower should, at any time, prove to be inaccurate in any respect, Lender shall
have rights of enforcement as set forth in Section 9.
Page 4 of 5
4859-3267-1006,v 7 4859-5364-9438 v 2
Page 8 of 9
Agenda Item No.5.d
i
13. Miscellaneous
a. Parties Bound. This Agreement will be binding on and inure to the benefit
of Borrower.Lender.and their respective permitted successors and assigns,subject only to
the conditions to effectiveness set forth in Section 4.
b. Counterparts. This Agreement will be executed in any number of original
or facsimile counterparts, all of which taken together will constitute one and the same
instrument,and any of the parties hereto may execute this Agreement by signing any such
counterpart.
c. Governing Law. This Agreement will be deemed to be a contract under
the laws of the state of Texas and for all purposes will be governed by, and construed in
accordance with,the laws of Texas and the applicable laws of the United States of America
This Agreement has been entered into in Wichita County,Texas,and shall be performable
for all purposes in Wichita County, Texas. Courts within the State of Texas will have
jurisdiction over any and all disputes arising under or pertaining to this Agreement, and
venue in any such dispute will be in the county or judicial district of the Lender's principal
place of business.
PANDA BIOTECH,LLC, WICHITA FALLS ECONOMIC
a Delaware limited liability company DEVELOPMENT CORPORATION,
a Texas development corporation
By: e vir\ By: 4' .dt '
Robert`ATV'. Carter, Chairman Leo Lane; President
Page 5 of 5
4859-3267-1006,v 7 4859-5364-9438 v 2
Page 9 of 9
Agenda Item No.5.d
CITY COUNCIL AGENDA
June 7, 2022
ITEM/SUBJECT: Conduct a public hearing and take action on an ordinance annexing
+/- 12.455 acres of land out of Block 3, League 2, Denton County
School Survey, Abstract Number 417, Wichita County, Texas,
located at 6731 Southwest Parkway, at the request of the property
owner; accepting the Southwest Parkway/GVD Brook Hollow, LLC.
Annexation Servicing Plan Agreement for said tract under authority
of Texas Local Government Code Chapter 43; Subchapter C-3 —
authority of municipalities to annex an area on the request of owners;
and rezoning (0.5 acres) and designating the tract property (12.455
acres) zoning as Multi-Family Residential (MFR) and Land Use Plan
classification as High Density Residential (HDR).
INITIATING DEPT: Development Services/Planning Division
STRATEGIC GOAL: Accelerate Economic Growth
STRATEGIC OBJECTIVE: n/a
COMMENTARY:
• Jan. 17, 2022 — Coordination with developer, landowner, architect, engineer and
City development review team regarding proposed residential complex.
• March 9, 2022 — Staff held a follow-up meeting with developer, architect and
engineer regarding next steps to initiate project and annexation of property.
• April 13, 2022 - Notarized petition for annexation/processing fee submitted by GVD
Real Estate Development and Construction LLC. on behalf of Earth Homes, Inc.
• April 26, 2022 — Property for rezoning case and petitioned annexation posted with
notice for public hearing.
• April 26, 2022 - Draft annexation service plan distributed to department directors.
• May 11, 2022 — GVD Brook Hollow, LLC., project developer, records warranty
deed purchasing the subject tract plus 0.5 acres from Earth Homes, Inc.
• May 11, 2022 — Planning & Zoning Commission conducts annexation zoning and
rezoning public hearings; recommends City Council zone to Multi-Family (MFR)
and change Land Use Plan to High Density Residential if annexed into city limits.
• May 13, 2022 — Departmental response deadline for revisions to the draft
Annexation Service Plan; revisions for various municipal services incorporated.
• May 18, 2022 — Written notice of proposed annexation mailed to school districts,
public entities and special districts in the area proposed for annexation.
• May 19, 2022 - Annexation service plan agreement sent to landowner/developer.
May 22, 2022 - Notice of City Council public hearing published in TRN.
• May 23, 2022 — Notice of City Council public hearing posted on City's website.
• June 7, 2022 — City Council conducts public hearing and considers ordinance for
petitioned annexation and rezoning/land use amendment.
PAGE 1 OF 25 PAGES
AGENDA ITEM NO. 6.A
Summary
The property owner proposes to construct a 216-unit apartment complex on a 13± acre
site on Southwest Parkway just south of Seymour Hwy. Approximately 12.5 acres is
currently outside of the City limits, and the property owner has requested annexation into
the corporate limits of Wichita Falls to access City utilities. Additionally, the owner has
requested the rezoning of an approximate one-half acre tract from single-family
residential to multi-family residential in order to access the site from Southwest Parkway.
As such, the proposed ordinance would (1) annex the 12.5-acre tract into the City limits,
(2) zone the 12.5-acre tract for multi-family use, and (3) rezone the 0.5-acre tract from
single-family residential to multi-family residential.
BACKGROUND:
City staff received a voluntary petition for annexation from GVD Brook Hollow, LLC. on
behalf of then owner Earth Homes, Inc. for approximately 12.455+/- acres along
Southwest Parkway situated south of Kell Freeway, referenced as 6731 Southwest
Parkway and located within the Wichita Falls Independent School District (WFISD).
This voluntary annexation would allow for future development as the tract is slated for a
market-rate apartment complex with on-site amenities for tenants. The developer is
proposing a 216-unit multi-family development for the site with nine (9) buildings,
clubhouse, dog park, pool/cabana area and playground. The property will contain a mix
of one (1) and two (2) bedroom apartment units.
City departments were notified of this annexation request and asked to respond with their
respective service abilities. No objections from city departments were received regarding
the Southwest Parkway/GVD Brook Hollow, LLC. Annexation Municipal Service Plan.
If the voluntary petitioned annexation is approved, it would expand the City's corporate
limits but not the Extra Territorial Jurisdiction (ETJ) boundary.
PROPOSED ZONING DESIGNATION
The ordinance also proposes a rezoning (0.5 acres) and a new zoning designation for the
requested annexation tract (12.455 acres) which aligns with the new owner's plans for
the development of an apartment complex. The Planning Commission unanimously
recommended these two zoning actions at their May 11, 2022 meeting. These included
an annexation rezoning (12.455 acres) and a rezoning of land already in city limits (0.5
acres) all to Multi-Family Residential (MFR) and amendment to the Land Use Plan (LUP)
classification to High Density Residential (HDR).
These zoning designations are consistent for a large-scale residential development with
higher densities. There was one (1) letter of opposition regarding the rezone that was
submitted from a surrounding property owner. The concern largely centered around traffic
concerns with the new development. There was also one (1) response in favor of the
rezone.
STAFF RECOMMENDATION:
Approval of proposed Ordinance that would:
PAGE 2 OF 25 PAGES
AGENDA ITEM NO. 6.A
1. Voluntary annexation of 12.455 acres, the land tract referenced as 6731 Southwest
Parkway, into the corporate limits of Wichita Falls; and
2. Provide a zoning designation of MFR and Land Use Plan classification of HDR;
and
3. Rezone 0.5 acres currently in the city limits at 6731 Southwest Parkway to MFR
and amend the Land Use Plan classification to HDR for this portion of the property
® Assistant City Manager ® Development Services Director
ASSOCIATED INFORMATION: Attachment A — Location Map; Attachment B — Site
Photos; Attachment C — Zoning and Land Use Map; Attachment D — Multi-Family
Residential (MFR) Zoning District Uses; Attachment E — Planning & Zoning Commission
Minute Excerpt; Ordinance; Exhibit 'A' — Field Notes; Exhibit 'B' — Requested Annexation
Area Map; Exhibit `C'—Zoning Map: Annexation Tract; Exhibit `D'— Land Use: Annexation
Tract; Exhibit `E' — Rezoning Map: 6731 Southwest Pkwy; Exhibit 'F' — Land Use
Amendment: 6731 Southwest Pkwy; and Exhibit `G' - Southwest Parkway/GVD Brook
Hollow, LLC. —Annexation Service Plan Agreement.
® Budget Office Review:
® City Attorney Review:
® City Manager Approval
PAGE 3 OF 25 PAGES
AGENDA ITEM NO. 6.A
ATTACHMENT A — Location Map
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PAGE 4 OF 25 PAGES
AGENDA ITEM NO. 6.A
ATTACHMENT B — Site Photos Tract Proposed for Annexation Also
Referenced as 6731 Southwest Parkway
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AGENDA ITEM NO. 6.A
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PAGE 6 OF 25 PAGES
AGENDA ITEM NO. 6.A
ATTACHMENT C — cont.
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6731 Southwest Parkway Legend
Zoning and Land Use Map _ Subject Rezone Area zoning
CITY OF MCI II-A-ALLS,PLANNING DIVIS ON
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DATE PRODUCED.25 A.iI2022 Parcels
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PAGE 7 OF 25 PAGES
AGENDA ITEM NO. 6.A
ATTACHMENT D — Multi-Family Residential (MFR) Zoning District Uses
The following uses are permitted subject to submittal of a site plan and review by
the Planning Division.
Residential uses:
Dwelling, duplex or two-family
Dwelling, single-family detached
Group homes
Bed and breakfast homestay
Boardinghouse
Condominiums, residential
Dwelling, multifamily, up to 25 units per acre
Dwelling, zero lot line single-family, subject to the provisions of section 5200
Fraternity and sorority houses
Townhouse, subject to the provisions of section 5300
Civic uses:
Day care centers, limited
Day care centers, commercial
Library, public
Park
Private recreational areas, limited
Public safety services
Religious assembly
School, primary and secondary
Utility service
Oil drilling, subject to the provisions of appendix A, Subdivision and Development
Regulations, section 6.4 Oil and Gas Well, as amended
The following uses are permitted following approval by the Planning and Zoning
Commission for a Conditional Use Permit:
Residential uses:
Dwelling, multifamily, exceeding 25 units per acre.
Manufactured homes, subject to the provisions of section 5600.
Personal care home.
Civic uses:
Convalescent services
Residential care facility
PAGE 8 OF 25 PAGES
AGENDA ITEM NO. 6.A
ATTACHMENT E — Planning & Zoning Commission Minute Excerpt
DRAFT MINUTES
PLANNING & ZONING COMMISSION
May 11, 2022
PRESENT:
Michael Grassi • Member
Blake Haney • Member
Noros Martin • Member
Steve Lane • Member
Mark McBurnett •SAFB Liaison
Doug McCulloch •Alternate No.1
Wayne Pharries • Member
Anthony Vidmar • Member
Jeremy Woodward •Vice-Chair
Councilor Whiteley •Council Liaison
James McKechnie, Deputy City Attorney •City Staff
Fabian Medellin, ACIP, Planning Manager ♦City Staff
Christal Ashcraft, Development Services Admin. Assist. •City Staff
Cedric Hu, Planning Technician •City Staff
ABSENT:
David Cook •Chairman
Cayce Wendeborn • Member
Steve Wood •Alternate No.2
Case R 22-01 & R 22-02 — 6731 Southwest Parkway:
Consideration to recommend a permanent zoning designation of Multi-Family
Residential (MFR) and a Land Use Plan classification of High Density Residential
for a petitioned annexation at (12.455 acres out of Block 3, League 2, Denton
County School Survey Abstract Number 417 Wichita County, Texas)
Applicant: Gene Dixon, GVD Brook Hollow, LLC.
Owner: Earth Homes Inc.
Vice-Chairman Woodward opened the public hearing at 2:54pm and stated staff had two
separate petitions but would be presenting together and voting on them separately. Mr.
Medellin presented the case, showed the site plan to the Commission and stated GVD is
proposing to acquire 13 acres of land from Earth Homes, Inc. located on Southwest
Parkway, south of Kell Freeway. The proposal for the land is to build a 216-unit multi-
family development, consisting of 9, 3-story structures, and clubhouse.
When staff meet with the property owners and design team one item that stood out was
not all the property was located inside the City of Wichita Falls. Only the access drive
along Southwest Parkway is within city limits, the 12 1/2 acres beyond that is outside in the
unincorporated Wichita County. In order to offer access to city utilities, the property must
PAGE 9 OF 25 PAGES
AGENDA ITEM NO. 6.A
be annexed into the City of Wichita Falls. Staff, trying to be as efficient as possible, are
proposing the recommendation of a zoning designation for the portion of land to be
annexed. Typically, when a property is annexed, there is a temporary zoning classification
assigned of Single Family-1. In this first petition, staff would like to present the annexation
ordinance with a permanent zoning of Multi-Family Residential (MFR). The annexation
petition is scheduled to go before the City Council on June 7th, 2022 and staff would like
to seek out the Commission's recommendation to accompany that annexation petition.
The second petition is for the portion that lies within City limits, which does have a zoning
designation of Single Family-2 (SF-2) and land use specification of Low Density
Residential. Staff feels that a Multi-Family Residential (MFR) zoning district with a High
Density Residential Land Use would meet the developments needs and protect the
residents from any potential future developments. The second petition is request the
Commission recommend the re-zoning from Single Family-2 (SF-2) residential to Multi-
Family Residential (MFR) and amend the Land Use Plan from Low Density Residential
to High Density Residential.
The subject property is currently undeveloped and surrounded by residential uses and
undeveloped land. Mr. Medellin stated staff notified 7 property owners within 200ft. of the
subject property with 1 response in favor and 1 response in opposition. Staff recommends
approval of the proposed rezoning request of+/- 0.545 acres at 6731 Southwest Parkway
to Multi-Family Residential (MFR), and amend the Land Use Plan designation to High
Density Residential.
If approved, the applicant is subject to all other zoning and building code regulations for
commercial-related projects. Adhering to the zoning requirements may help lessen the
potential impact on the abutting and adjacent residential neighborhood and include but
are not limited to the following:
1. Prior to issuance of a Certificate of Occupancy, the new development must
submit plans for review, approval, and inspection prior to beginning
operations.
2. All outdoor lighting (Zoning Ordinance - Section 4650) must be directed
away from the residential areas north, south and east of the property.
3. Parking sufficient to meet the needs of the development per the standards
of Section 6200.
4. Increased setback requirements for non-residential uses adjacent to single
family uses as outlined in Section 4600.
5. Landscaping shall be provided to meet the needs requirements of Section
6800.
Vice Chairman Woodward called for a motion to approve the case. Mr. Martin made a
motion to approve with Mr. Vidmar seconding the motion. Mr. Woodward asked if the
applicant was present and wished to make a presentation. Mr. Mark Leon of Cross
Architects gave a background in the design teams previous builds and specifications on
the proposed complex and amenities.
PAGE 10 OF 25 PAGES
AGENDA ITEM NO. 6.A
Case R 22-02 — Annexation — 6731 Southwest Parkway
Mr. Woodward called for a vote on the petitioned request to recommend a zoning
designation of Multi-Family Residential (MFR) and a Land Use Plan classification of High
Density Residential (HDR) for a petitioned annexation at 6731 Southwest Parkway.
(12.455 acres out of Block 3, League 2, Denton County School Survey Abstract Number
417 Wichita County, Texas).
Vice Chair Woodward asked if there were any comments from the public and then from
the Commission. Vote passed unanimously 8-0.
Case R 22-01 — Rezone — 6731 Southwest Parkway
Request to rezone +/- .545 acres of land located at 6731 Southwest Pkwy (0.545
acres out of Block 3, League 2, Denton County School Survey Abstract Number 417
Wichita County, Texas)from Single Family 2 (SF-2)to Multi-Family Residential (MFR)
zoning district and amend the Land Use Plan from Low Density Residential to High
Density Residential to allow for a 216-unit multi-family development.
Vice Chairman Woodward opened the public hearing at 2:55 pm. The applicant was
present but gave no further presentation. Mr. Woodward closed the public hearing at
2:55pm. Mr. Pharries made a motion to recommend the rezone at 6731 Southwest
Parkway. Mr. Grassi seconded the motion, the vote passed 8-0.
PAGE 11 OF 25 PAGES
AGENDA ITEM NO. 6.A
Ordinance No.
Ordinance annexing +/- 12.455 acres of land out of Block 3, League 2,
Denton County School Survey, Abstract Number 417, Wichita County,
Texas, located at 6731 Southwest Parkway, at the request of the property
owner; accepting the Southwest Parkway/GVD Brook Hollow, LLC.
Annexation Servicing Plan Agreement for said tract under authority of Texas
Local Government Code Chapter 43; Subchapter C-3 — authority of
municipalities to annex an area on the request of owners; and rezoning (0.5
acres) and designating the tract property (12.455 acres) zoning as Multi-
Family Residential (MFR) and Land Use Plan classification as High-Density
Residential (HDR).
WHEREAS, the Planning Division received a request for petitioned annexation on
April 13, 2022; and,
WHEREAS, the Planning and Zoning Commission considered a proposed
rezoning and zoning designation for the requested property for annexation at its May 11,
2022, meeting, and voted to recommend approval of the request; and
WHEREAS, the governing body, Wichita Falls City Council, heard arguments for
and against the petition on June 7, 2022 and granted the petition for annexation by area
landowners; and,
WHEREAS, City departments have reviewed such annexation request and find
that such annexation would not burden City resources in providing service(s); and,
WHEREAS, the City Council has determined that such annexation is in the public
interest.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
1. A tract of land being 12.455 acres described in Field Notes herein included
as Exhibit "A" and as shown on the map included as Exhibit "B", is hereby annexed into
the City of Wichita Falls.
2. The annexation will not expand the City of Wichita Falls Extraterritorial
Jurisdiction (ETJ) area.
3. The City Council further directs the City Clerk to file a certified and true copy
of this ordinance together with a copy or duplicate of the petition for annexation in the
office of the Wichita County Clerk, Wichita County after its passage as required by law.
4. That Block 3, League 2, Denton County School Survey, Abstract Number
417, referenced at 6731 Southwest Parkway, Wichita County, Texas, as depicted on the
attached map incorporated in this ordinance as Exhibits "C" and "E", is hereby zoned for
PAGE 12 OF 25 PAGES
AGENDA ITEM NO. 6.A
Multi-Family Residential (MFR) uses.
5. The area on the Land Use Map, as depicted on the attached maps
incorporated in this ordinance as Exhibits "D" and "F" is hereby classified for High Density
Residential (HDR) uses.
6. The Annexation Service Plan Agreement outlining services to be provided
is included as Exhibit `G' in this ordinance.
PASSED AND APPROVED this the 7th day of June, 2022.
MAYOR
ATTEST:
City Clerk
PAGE 13 OF 25 PAGES
AGENDA ITEM NO. 6.A
Exhibit 'A' - Field Notes
EX Hi T
12.455 ACRES OUT OF THE
E hN ION COUNTY
SCHOOL SURVEY
ABSTRACT NUMBER 417
WICHITA COUNTY, TEXAS
1512R E NTW DESCRIPTION
BEING a Lr:s_.�'rano]L-:oA Rlosk 3,League Z.benlpnCht,an 5chaol Survey.gab%tr3rt Number 4L.7. Wdirhiti<c:arty.Tend,and 8ei;g a port o.a
a'a loan Of hind dew toed by died to Fartl',Homes, r,.as rricr.+414 under Occur-ncni r'ter 201.61755a Records,W ch:ra(cur Iy,
Texas, IO.P k.W C" rhe!Lthleci aracs [wing true prar'ocularty dost,ribed by notes and saa,rnds ern falc+,as„ :rrar:n;;;, ,ased an 5iaca Bible
Ccsordinata Sa,,rse a.Texas Ncrth Contra Tema 147C2)Hatt'Ank6rKaet PAiIwm al 19C•3;NAC lIIj,
eEGI JN i1JG al a .eetal pet;fourd for ehe n-orheart carnet cP sago fa.rh lames i,aci a10 tl,e P't,t n described tract:
THENCE 5uurh.rh2 degrees 14 rnir5rler 17 aenunds East wnh iTe east Iroc of said Eanh biomes trart,paasInd b rc7rlllerrkreerrram r.Qnner thereof,
carllrauing and passing a aauthwrr re•e1C.a'it comer the,-col a,n0{d,nttnurg far•a Ewa!eniante nt 1,17].5R iget Sete 113 inch rater r" a•:k cap
ssarrtiprrl'99ARTC1tJ C:lir4}r•.'°f nnfrin..hLer La led"caprwd rota:set"I, from 1.9101.a 5(I toady reaar fm.nd ler tar eaaie-nmasc rc.rf'an,Iss;order of
raid Earth Hcrw•.s e101,bea-a Nan[ 9L dagraes 3g1 mrules 42 snIONIs East,a drstancp 0117221 font,said rti-.L being Ihr a
newo•,areti curse to the kit,haying a radws of 2.197'I I feet with a dell,aarwg,e of L3 degrees r„ltei 1$secards,whose r;ho•d hears Sauch
7C degrees]9 reirwt's 14!et Drell W¢fl_.gd•ste•-ILeaf 5]5 41 len!
TIFEIIC" ak7i'g tali:runrtan'1a-1 rurly;p the Irr..,and tners.th Tht Anterior of 5010 Earth 11crnes trace,1n 3,'L te'aRLi of 5,]5 fi)Iea° CO:y canrx°d
•wide x1;
Thtrved tlerh 73 rIglltees 49 manures.17 ieLi.5ads Wei( through the-inter tar of gad Farah Isnrnes track a dl4lem,e oa'`7G4.45 error*c a rapped
+elar+se:it IN-7arlh line Snereui;
THENCE w 1h:hr north ling tar atad Carlin Horne.;star"..the forkowing calk
1„ranrth GE doper.; I rc•mutes'c aecanei s;iiI.d des:aacc E2 I k15 feet 10 capped ra her i?]:
hearth dsegra,4I S"m rtiuLes 45 seccslljS Ease,a distance co'17066 feel to a Lappad rather Net;
3 harlh R]drr$rt.%eg routes it rxe•°d+;,Fart a dn./are at :74 72 loot,renarrrng,a the POiNT:SF 6EGINNI tJG I-id e•,Llosmg i 1 155 Keel
I 5d2,.43 square teat]al and,ndre of ens;
SUP rt",)R'SCdRTIr!crag
ti-1.1..0 certalr that I, Icahn Ft_liartan RI, ;R4 c.: gd -al Land 5111u0yor or:he 5satq pI TgXpi,Kaye orepasrd NlalS map from an actr_al
wrvey or.tins,Found,and that rh•5 map Co-re a reprewc-nrs char%uvey msdr by me.Cr under MY nine Vl oleo°Supenlsice,
Sate Of DialJh ap Apia Thy 2012
•
ElHh HOMER MUCH t
n'Ft.9arrrr^Ill,R'ISA f737 ...r 6737.....E
aWw - Wr°swF erarbe.r,..+;:sn' ,m n`4 rr° ww lkti.vr
PAGE 14 OF 25 PAGES
AGENDA ITEM NO. 6.A
Exhibit '13' - Requested Ann4eGxNaat.i,(:)nAR:::.,,,M5ap
r.•=- . - ..-- .
i
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. • 0.6-4"e'l L I DEED ToCL•LII:I.IJO4 WinirFACOJNTi,Ts 1 1
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• l..1',..;,:..ti C(1111.,E Ni B.41.:BER 1
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ic pi.)
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PROPOSED ANNEXATION
12.455 A09 S '_. _•. _ ._ avr ANC94
5.42,.52 SQUAR.E FEET N ki)
/
POPOIne4 CW
fl2 4.) 4...1• TH I-MOVIES oNo; zik emr411-I Emus EhEe ./.
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- ' EXHIBIT °B1
,i, p.
g- NOTE. 12.45. "...CR 1.7.:S OUT C Iq: THE .--
°;'4 Dev.riti.arA 6,E,,ALd col The Mace
Plar•I Ce.o.o•C••.k yr44err..144,gi. DEN'T ON COUNTY .,„„p. .../liVi •
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'IE 3 V
SCHOOL. SURVEY
,f NeCh C trtil,a','2c,e Irl N2:1 .tEnitryr
NI0I-.1%4II`-e'llcP'-:nAhnm or 1913 ABSTRACT i',..L1 tYl DER 4 17 '," ;—. =---.A.1 1
VV
SUM.Itctcr r.'I olFCII „
1\44...4,..
. CHITA COUNTY. TEXAS . 1
''t' 5-S ',Lin .1.• •X.r J71•C xz• 4,'• :*I'.. „•:)......./
2:...P.'.4MT Clr,4,1:14.-,,,,,.. 11, - E,.....re,11,..,,,.7 ?ror.._ir.coriu V1;121%0307 ^....1,,,fra
PAGE 15 OF 25 PAGES
AGENDA ITEM NO. 6.A
Exhibit 'C'
Requested Zoning for Annexation Tract
Commercial %(%a --Lt-..
ti � 1 ,�
T
1.
'' = Jl'. , General • i
Commer- ■
.... ..........„...„... s.........ls....A.Y3. 1.,, C i i I
Lightindustria1 .. " ,
Residential Mixed ' L,'ri /-C)xiFY•nR
Use s. #
•,i f •
y -DAV
w} i O
* ti q Family
.E Single ]�Family
s ** L
l
Proposed rune of la i
Multi•Family ResiclenEial ma^` y 4
D.
. art. ,'. -g /
•
IQ')t cuSTE=1i DR , \ ,
J
OS fEMONT;R17 ..
witmai
d 345 090 1,380 Feet
R 22-0 .- ®1 Fcnirrg Iicundary zoning
6731 Southwest Parkway -Annexation Zone Area Single Family 2
Zoning Map subjectpwpBr.N. - Res.iderklial Mixed Use
P a;,rls General Commercial
City Limits Miff Light Industrial
,.m..
.r. n L ..II Wichita Falls
PAGE 16 OF 25 PAGES
AGENDA ITEM NO. 6.A
Exhibit `IY
Requested Land Use for Annexation Tract
th;
latrlaR
i !LI 'ILS
.• . 0'4'
PX:
letaraja
Commercial
L
..,. 0.1
C. I. " 1 _111111 i I I
tr
AO( 0 ti, —0.XLEY-DR—
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er
ig:I;nd14.u0.44st10ri.a0‘l-"4
ce'1','l:-•-* 00'1111.°: , X
0 /--'''''''''i-------A--i---
W1
DAiVI n s T
f, -: / //
7 nd
I i gqr,
SpacTi-%
,
nf. ro
Proposed Lend lite 7-
co
to High Density Residential
c\N°-
ci-- SXCU5IER DR/ ' 'Pk
,
„ ,
...
.4'. ( C.IC
Ae....„\\\
144°DR • .Q.-
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16.11011h 4.-•4% CI. . . ... -
'At ak
'4111iLOSFMONI r,RD, ,411
IIIIIII
--..% i
t.l. 3.3.5 670 1.340 '%'42 Et t
R 22-02
6731 Southwest Parkway - Annexation Legend
Land Use Map =stabled Property
i....pPROD.,CEC BY :44.re.,IL. i:::::4 Prgposed Land 1.1.F..e
ONIX PROLAXECI.2.110onitOZZ
..,. ''' '' `i
I Land Use Plan Boundary city Limits
—•—,..,,..., ..,,
— - -11
M.I.11•V&I IN o re I ma,a ....-. .... . ....
...- .,..........•,.......„ ...,, 10.... v . ,p.•.. . II•••••
0 Am mll sp.m..NW..•••Fr,....s....nen s...1,a.r1.“....m. MN wean., Ramat& t_..1 Wilk Fii s
PAGE 17 OF 25 PAGES
AGENDA ITEM NO. 6.A
Exhibit `E'
Rezoning Map for 6731 Southwest Parkway
aaD54
--A, '� Sd:S �:ti 67E6 ---OXi_EV•DR-
----
1m 5 .} �`
f VJt S..r 13F I V
▪ - 25 23 21 19
▪ _ \\761.r 676E
Lu t
u� ` I 4416 � 1 6 53 ? E7EO 4445
. Y2 �S ��f 6747 '� 6744 LEM. 4509 i
1� 5*. 3 iC .i■-:m: 67425616* I 0., 6745 4,024, 4 1 • 4 4505
y v'♦ r * asuo15U5
a..** 6743 6739 4�i09
-
4511 6764 I r
2.Ea4 I
Er41 6734 b512 1
Proposed Rezone from €729 2.— y -,
4a19 iELRC15EdR—
Single Family-2 to 'ti
Multi y-Family Residential 673E J
^ � 6'04 6707 4E06
. ■ . 6733 j'I 15��
:6W/11,1/i.://766 it \' LE2E
E2=
■
4
Outside '▪ Sin le Filrh` EJ:
City amY - ti
4-537
•
Limits
• 4541
■
■
6563
.
'
,I 6712 , '.
v
14H—
a$ l l 6b4 }
r .1EE 7:3 6701 1 l I I I l I I I l °-'-
C. 14D 28D 56D Feel 6711 :ray _- • k` 6Ed4 '
R 2-01
6731 Southwest Parkway Legend
Rezone Map i,V,1 Rezone Area
ory of wcr,rra FSLL9 FLb.nn•40 lame,aw ■ ■
4P°O"OEC E' "die"° i__�__:_,l,
Zoning Boundary
DATE Pe C.JCED?C iirAr2
- ...-,...,,.ti�.r.tea.-.-�,M.---- ,.,..-... Pa noels
"l ;....Zr. i = .• .i l.r�r�.i
PAGE 18 OF 25 PAGES
AGENDA ITEM NO. 6.A
Exhibit 'F'
Land Use Amendment Map for 6731 Southwest Parkway
4406 4417 , L
4415 � '4 i=-14, ', r,.56 It_ — DX_E4 DF-
6757 . -= I Y
441@ x f _i S -43E.
�r d I 25 I 2: 21 4 7
6755 'I, __`1 4444
4412 ' 4a24
..x — t Y_ r=
* ' Lu 6 4418 ', '1 6753 6i50 44AG 4445
.. .. g - \ \ 4 i
* 2 6747 , 6744 4500
.f'=', .. ..x ,, ,,, 6742 '''.—\ .dS� 6618
* 3 1 6745
t
'.*: 6743 6738 ��
■
! • 4S@6 -1,1
• 4502
•
■ 6741 6734 4512
4511 6704 451:14
•
Proposed Land Use change \
4518 —MELROSE DR-0
from Low Density Residential
to High Density Residentialc., 67D4 6707 450E
an
--W '•.y 6733 db�
v/:;//:yy-,.,/,,-,„/A ..,,,,
■
�
I 52= 451a
7.
E7CD
■
,
Low .,
Outside •
■ e n s i y5', 45.37
City ▪ Residential kti
Limits ■ 1• 1 . I 4541
', 1
•
i 11
•
6.560
■
4
v.#
* 6705 6;04 5702 6700 6E56
*** ILoT08 671@
* 6714 '
w C� ' — °65@
6703
I I I ii
iI I 14 I I I 67G9 6i07'i, 5705 !I 6701
Ebd4
G 14D 28C 56C Few: 6711 `
R 22-01
6731 Southwest Parkway Legend
Land Use Map m Subject Rezone Area
Can'OF wCHITAFAu_S FL hrom3[remoa
rwwrerDucvc Efa 2.12dk"° Z` 1:;Proposed Land Use
CATE PPo-yw eED 2C W F a.x2
.- .-,..�..�--....�.a.=-,--d..r-_.�...- Land Use Plan Boundary
�.rrr.r.......-Y�ti.... ......r wi_ Ni•wrr+�.ir,rrrrr Parcels
PAGE 19 OF 25 PAGES
AGENDA ITEM NO. 6.A
Exhibit `G'
Southwest Parkway/GVD Brook Hollow, LLC. — Annexation Service Plan Agreement
Aki„a4a
T E A S
/ '5ftw 4o dept C a •tue
City of Wichita Falls
ANNEXATION SERVICE PLAN
AGREEMENT
Southwest Parkway/GVD Brook Hollow, LLC.
May 2022
PAGE 20 OF 25 PAGES
AGENDA ITEM NO. 6.A
INTRODUCTION
On April 13, 2022 a representative of GVD Real Estate Development and Construction
LLC., submitted a petition for annexation (Exhibits A and B) on behalf of existing
landowner Earth Homes, Inc., President R.J. Wachsman. As of May 11, 2022 a Warranty
Deed (Exhibit C) verifies GVD Brook Hollow, LLC., future developer, had purchased the
tract land from Earth Homes, Inc. The request for owner initiated annexation includes +/-
12.455 acres out of a 56.13-acre tract. The partial tract of land is situated in Wichita
County and referenced as Block 3, League 2, Denton County School Survey Abstract
Number 417 in the general vicinity west of Southwest Parkway and south of Kell Freeway
commonly referenced as 6731 Southwest Parkway.
Pursuant to Chapter 43 of the Texas Local Government Code, the City of Wichita Falls
coordinated with each department and put together the Southwest Parkway/GVD Brook
Hollow, LLC. Petitioned Annexation Service Plan Agreement for future delivery of
municipal services to an area that may be annexed by the City of Wichita Falls, at the
request of the landowner, and will be considered on June 7th, of 2022 by City Council at
a public hearing.
The following municipal service agreement outlines each service the municipality (City of
Wichita Falls) will provide either on the effective date of the owner-requested annexation
adoption or to become effective at such time as outlined in a schedule of service.
Reference to `applicant' shall relate to the landowner/developer (GVD Brook Hollow,
LLC.) for the petitioned annexation. Future municipal services outlined in this agreement
are for a land tract subject to petitioned annexation by the City of Wichita Falls, Texas
slated for consideration by the governing body on June 7th, 2022 and referenced in
Attachment A — General Vicinity Map and Exhibits A and B. The City of Wichita Falls is
not required to provide services not included in this petitioned annexation municipal
services agreement.
PAGE 21 OF 25 PAGES
AGENDA ITEM NO. 6.A
SOUTHWEST PARKWAY/GVD BROOK HOLLOW, LLC.
PETITIONED ANNEXATION SERVICE PLAN AGREEMENT
SERVICES TO BE PROVIDED
Police
This area will be served using the same standards for response, together with
investigative services as provided to other areas of the City.
Fire
This area will be served using the same operational standards for response, investigation
and code compliance as provided to other areas of the city.
Parks
1. Open park areas for picnicking will be available to any future residents of the
annexed area on the same basis as residents presently residing within the City
limits.
2. Services provided will be identical to those provided to persons living in other areas
of the City.
Engineering Services
Engineering services will be limited to the review of development plans, issuance of
permits as required in the development phase, and the inspection of the installation of
water mains, sanitary sewer mains and lift stations improvements, storm sewers, and the
paving of streets, drive approaches, sidewalks and alleys.
Library
Library services identical to those services to persons living in other areas of the City will
be provided to the annexation area.
Maintenance of Streets and Roads
Maintenance of streets and roads shall be on a level comparable to that provided for other
areas of the City with similar roads, equivalent population densities, degrees and nature
of development, traffic patterns, and other factors influencing street maintenance.
PAGE 22 OF 25 PAGES
AGENDA ITEM NO. 6.A
Traffic Services
Dependent on development demands, the City deems it necessary based on the Manual
on Uniform Traffic Control Devices (MUTCD) standards from the U.S. Federal Highway
Administration for street lights, pavement markings, traffic signals, traffic signs, including
street name, warning, and regulatory signs, will be installed, and maintained by the City
of Wichita Falls Traffic Department. In addition, traffic counts and other related studies
will follow the same procedures and guidelines practiced within the City.
Solid Waste Collection
1. For any future residential development that may occur in the area, the City will
supply curbside automated service by extending our current automated collection
service routing. The collection of solid waste from the individual properties and
containers shall be made in accordance with usual department scheduling and
rates.
2. Commercial solid waste collection services will be provided to any business
located in the annexed area under the same rate, procedures and regulations as
presently provided for any business customer within the City, upon request.
3. The use of the City's solid waste collection facilities and transfer station(s) will be
available to any future residents of the newly annexed area, and on the same basis
as those residents living within the City limits.
4. The City is the sole provider of residential and commercial solid waste collection
and disposal.
Schedule of Timing for Solid Waste Collection and Transfer Station Services
The property will be served at the same rate as available to other City residential
customers for refuse collection and transfer station services upon completion of all final
platting requirements.
Water and Sanitary Sewer Facilities
Maintenance
1. Maintenance of water facilities will include those facilities installed by the City or
installed according to City standards and specifications.
2. Sanitary Sewer will be in accordance with individual application of septic systems
where applicable, which shall be the responsibility of the property owner or tenant.
The City will maintain facilities installed by the City or installed according to City
standards and specifications.
PAGE 23 OF 25 PAGES
AGENDA ITEM NO. 6.A
Development
1. Additional extensions of a water system shall be at the expense of the "applicant"
as per Chapter 106, Article VI and the Comprehensive Subdivision Ordinance of
the Code of Ordinances of the City of Wichita Falls.
2. Sanitary sewer extensions shall be at the expense of the "applicant" in accordance
with Chapter 106, Article VI and the Comprehensive Subdivision Ordinance of the
Code of Ordinances of the City of Wichita Falls.
Schedule of Timing for Provision of Water and Sanitary Sewer Service
The property will be served by City Water and Sanitary Sewer services and may be
connected to these utilities upon completion of all final platting requirements.
Planning and Zoning Services
1. Planning and zoning services will be provided immediately upon annexation. In
addition to the protection of property values through the enforcement of zoning and
subdivision regulation, other services including the processing of applications for
zoning change and site plan review will be provided by existing City staff.
2. Rezoning of properties will be handled in accordance with existing City procedures.
Existing use of properties in conflict with permitted uses shall be deemed
nonconforming, and shall continue to operate in accordance with Section 6100 of
the Zoning Ordinance.
Building Inspection Services
Inspection services, including the review of building plans, the issuance of permits and
the inspection of all buildings, plumbing, mechanical, and electrical work to ensure
compliance with City codes and ordinances, will be provided by Building Inspection
personnel.
Environmental Health and Code Enforcement Services
1. Complaints of ordinance violation or other code violations within the area will be
answered and investigated by existing personnel.
2. Animal control services will be provided to those areas within the annexed area
using existing personnel and equipment.
3. Vector control services will be provided to those areas within the annexed area
using existing personnel and equipment.
PAGE 24 OF 25 PAGES
AGENDA ITEM NO. 6.A
Miscellaneous Services
General mun cipal adrrrnistratio.r, and adrinislrati\•e se";"I []I v,i'ii be .,.allable
to the annexed area I:ec ;nninc with the effective date of r_;inr:x.;iI on
CITY of WICHITA FALLS
By:
Darron Leiker
City Manager
tVO Brook Hollow" LIC.
By: 111. C.1).
Jr.
I. anag r:cj Vr>rnjer
CITY of WICHITA FALLS
APPROVED as =u FORM. ATTEST:
Kinley Hec;gIUnd Marie B Ithrop
City Attorney City Clerk
PAGE 25 OF 25 PAGES
AGENDA ITEM NO. 6.A
CITY COUNCIL AGENDA
June 7, 2022
ITEM/SUBJECT: Ordinance amending Chapter 22 Article III of Buildings and Building
Regulations to formally adopt the 2017 National Electric Code and
removing reference to the Board of Electrical Examiners and making
grammatical and semantic clarifications, and providing for
codification.
INITIATING DEPT: Development Services
STRATEGIC GOAL: Efficiently Deliver City Services
STRATEGIC OBJECTIVE: Practice Effective Governance
BACKGROUND:
• May 12, 2022 — City publishes notice of NEC on City website
• May 16, 2022 — Notification sent to City contractor list (5,000+ contractors) of
Public Hearing and Council consideration date
• May 17, 2022—City Council conducts Public Hearing regarding the proposed 2017
NEC adoption
• June 7, 2022 — City Council considers proposed ordinance adoption for 2017 NEC
The attached ordinance formally adopts the 2017 National Electric Code (NEC) and
strikes/amends references to the City's Board of Electrical Examiners. This board was
recently ended by City Council due to changes in State of Texas licensure requirements.
A public hearing was held at the May 17, 2022, City Council meeting in advance of the
formal consideration of adoption by the City Council. Additionally, the 21-day notice
regarding the proposed ordinance for the proposed adoption of the 2017 NEC was
published on the homepage of the City website on May 12, 2022. A copy of the Ordinance
as proposed was also included in the notification. Recent State legislation requires this
publication and a notice of the public hearing be held in advance of any formal adoption
of building codes.
The 2017 NEC has been the accepted standard by the construction community over the
past five (5)- plus years, and has been the standard that has been enforced by staff. The
proposed ordinance and its associated revisions, if approved as recommended by staff,
will formally codify the 2017 NEC as the electric code for the City. No changes are being
proposed to any local electrical code amendments as currently codified in City
ordinances.
Additionally, the proposed amended Ordinance revises the current language in Chapter
22, Article III, to remove reference to a local Board of Electrical Examiners. This is a board
PAGE 1 OF 44 PAGES
AGENDA ITEM NO. 6.B
that was established in Ordinance many years ago, but is no longer needed for local
electrical contractor licensure and review, as those duties are now a function of Building
Inspections Divisions and/or the Construction Board of Appeals.
RECOMMENDATION:
Staff recommends the City Council approve the ordinance as amended and outlined in
the item.
® Director of Development Services ® Assistant City Manager
ASSOCIATED INFORMATION: Ordinance
® Budget Office Review
® City Attorney Review
® City Manager Approval
PAGE 2 OF 44 PAGES
AGENDA ITEM NO. 6.B
Ordinance No.
Ordinance amending Chapter 22 Article III of Buildings and Building
Regulations to formally adopt the 2017 National Electric Code and
removing reference to the Board of Electrical Examiners and making
grammatical and semantic clarifications, and providing for codification
WHEREAS, City Staff has identified that previous understanding of adoption of the
National Electric Code was not codified formally in City Ordinances; and,
WHEREAS, after receiving and reviewing the error, the City Council is moving
forward with the formal adoption of the 2017 version of the National Electric Code (NEC)
and all local amendments as previously approved; and,
WHEREAS, the City Council finds that a public hearing was held by the City Council
on May 17, 2022 in which people were encouraged to discussed, and did discuss, the
proposed adoption of the 2017 NEC; and,
Whereas, the City Council finds that the City of Wichita Falls has published notice
of this proposed action to adopt the 2017 NEC conspicuously on its internet website for
over 21 days prior to this action; and,
Whereas, the City Council finds that the City of Wichita Falls sent out electronic
communications to approximately 5,000 local contractors and builders letting them know of
the proposed action to adopt the 2017 NEC; and,
WHEREAS, the City Council finds that the Construction Board of Adjustment and
Appeals decided to take no actions as to the adoption of an updated version of the NEC
during their meeting on March 23, 2022; and,
WHEREAS, the City Council has approved additional ordinance language to remove
references to the local Board of Electrical Examiners so as to remove any confusion in the
roles and duties of staff and the Construction Board of Appeals and Adjustments;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
1. The following amendments to Article III of Chapter 22 of the City's Code of
Ordinances, Buildings and Building Regulations, to formally adopt the 2017 National
Electric Code and existing local amendments.
ARTICLE III. ELECTRICITY
DIVISION 1. GENERALLY
Sec. 22-56. Declaration of policy.
PAGE 3 OF 44 PAGES
AGENDA ITEM NO.
The Board of Electrical Examiners Chief Building Official has determined that there
is a need to update and modernize those sections of this Code that establish the city
electrical code and provide for the board of examiners, and it is in the best interest of the
health and safety of the city's citizens that such sections of this Code be kept current with
modern electrical codes and regulations.
Sec. 22-57. Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Apprentice electrician must be at least 16 years of age and be engaged in the
process of learning and assisting in the installation of electrical work under the supervision
of a registered master electrician.
Board. The city Board of Elcctrical Examincrs
Chief Building Official. The officer charged with the administration and enforcement
of this code or his designee.
Code. The city electrical code.
Direct supervision. The review and inspection of all electrical work done by a
supervisor, who shall be either a registered journeyman electrician, master electrician, or
industrial electrician, and who shall be actually present at the job site at all times while
electrical work is in progress.
Electrical maintenance work. The keeping in safe repair and operating condition of
any and all electrical installations, apparatuses and equipment within or without any
building or structure or located in or upon any lot or premises within the city.
Electrical work:
(1) All wiring, circuits, fixtures, appurtenances and appliances for the supply of
electrical power, for all personal, domestic and commercial purposes in and about buildings
or other structures where persons live, work or assemble; all wiring, circuits, fixtures,
appurtenances and appliances outside such buildings or structure connecting the building
with the source of electricity;
(2) The installation, repair and maintenance of all wiring, circuits, fixtures,
appurtenances and appliances in and about buildings or structures where persons live,
work or assemble, for a supply of electricity; and
(3) All other activities, including demolition of structures where energized circuits
exist, installations or measures incidental to the distribution or electrical energy which are
covered, regulated or in any fashion controlled by the specific section of this article.
PAGE 4 OF 44 PAGES
AGENDA ITEM NO.
Engineer. A person who is registered to practice engineering in the state and is
actively engaged in electrical design or consulting services within the state.
Graduate engineer. A person who holds a degree in electrical engineering from any
accredited college or university.
Industrial electrician. Any person licensed by the state as an industrial electrician.
Inspector. The electrical inspector or his designated representative, qualified in
electrical code inspections, who shall have the duty of inspecting any and all electrical work
for electrical code compliance.
Job site. The specific premises or installation described in the electrical permit under
which electrical work is being performed.
Journeyman electrician. Any person licensed by the state as a journeyman
electrician.
Maintenance electrician. A person with at least two years' experience in the electrical
trade who is a full-time employee of a company or business and whose duty it is to maintain
the existing electrical system, including all fixtures and appurtenances contained in a
building, structure, lot or premises owned or operated by his employer.
Master electrician. Any person licensed by the state as a master electrician.
N.E.C.. The National Electrical Code, as adopted by the city in section 22-401,
compiled by the National Fire Protection Association.
Sign. Any physical device, panel or installation attached to or located on a building,
premises or structure, used to display any message or communicate any thought or idea
and which uses electrical current for its intended operation.
Secs. 22-58-22-85. Reserved.
DIVISION 2. ADMINISTRATION
Subdivision I. In General
Secs. 22-86-22-110. Reserved.
Subdivision II. Electrical Inspector
Sec. 22-111. Office established.
(a) There is established within the Building and Code Administration Division of
the Community Development Department, under the direction of the Chief Building Official,
PAGE 5 OF 44 PAGES
AGENDA ITEM NO.
the office of electrical inspector. The electrical inspector and assistants shall be charged
with the enforcement of this article under the direct administration of the building and code
administrator.
(b) The electrical inspector and assistants shall be appointed by the building and
code adi-st4; Chief Building Official with the approval of the city manager City
Manager. Appointment and removal of the electrical inspector or assistant electrical
inspectors shall be in accordance with the requirements of this article and the city's
personnel rules and regulations.
(c) The electrical inspector shall possess adequate supervisory and administrative
abilities as are required for the performance of duties and shall have a thorough knowledge
of current approved methods and practices relating to the electrical code adopted in this
article and electrical installations. The electrical inspector shall have at least five years'
experience as a journeyman or master electrician in the practice of his trade or as an
electrical inspector. In lieu of such experience, the electrical inspector may possess
equivalent qualifications as approved by the building and codc administrator Chief Building
Official.
(d) Assistant electrical inspectors shall be knowledgeable in current and approved
methods and practices relating to the electrical code adopted in this article and electrical
installations. They shall have at least two years' experience as a master or journeyman
electrician in the practice of their trade. In lieu of such experience, an assistant electrical
inspector may possess equivalent qualifications as approved by the building and code
administrator.
(e) An applicant for the position of electrical inspector or assistant electrical
inspector shall be required to pass a written examination for journeyman electrician prior to
employment or shall have passed such examination within five years prior to such
application.
Sec. 22-112. Enforcement duties.
It shall be the duty of the electrical inspector to enforce the provisions of the city
electrical code and to discharge the responsibilities assigned to him by this article.
Sec. 22-113. Identification cards.
The electrical inspectors shall have identification cards in their possession at all times when
engaged in the enforcement of this article.
Sec. 22-114. Delegation of duties.
It shall be the duty of the electrical inspector to enforce this article; however, the
electrical inspector is authorized to designate qualified employees serving under his
direction and control to assist in the discharge of such duty.
PAGE 6 OF 44 PAGES
AGENDA ITEM NO.
Sec. 22-115. Conflict of interest.
No person discharging the duties of electrical inspector under this article shall be an
employer or employee of or have any pecuniary interest, direct or indirect, in any business,
firm, company or association engaged in any phase of electrical work within the city.
Sec. 22-116. Right of entry; interference with entry.
(a) Whenever necessary to make an inspection to enforce any of the sections of
this article, or whenever the electrical inspector has reasonable cause to believe that there
exists in any building or upon any premises any condition or electrical code violation which
makes such building or premises unsafe, dangerous or hazardous, the electrical inspector
may enter such building or premises at all reasonable times to inspect the building or
premises or to perform any duty imposed upon the electrical inspector by this article.
However, if such building or premises is occupied, he shall first present proper credentials
and request entry; if such building or premises is unoccupied, he shall first make a
reasonable effort to locate the owner or other person having charge or control of the
building or premises and request entry. If such entry is refused, the electrical inspector shall
have recourse to every remedy provided by law to secure entry.
(b) When the electrical inspector shall have first obtained a proper inspection
warrant or other remedy provided by law to secure entry, no owner or occupant or any other
person having charge, care or control of any building or premises shall fail or neglect, after
proper request is made as provided in this section, to promptly permit entry therein by the
electrical inspector for the purpose of inspection and examination pursuant to this article.
Sec. 22-117. Notice of violation.
When the electrical inspector observes or if it comes to his attention that any
electrical work is installed contrary to or in violation of this article, it shall be his duty to
immediately notify the responsible master electrician, industrial electrician, other permitted
electricians or the owner or occupant of the premises to immediately correct such
installation or cease work on the entire installation until the violation is corrected.
Secs. 22-118-22-145. Reserved.
Subdivision 111 Board of Electrical Examiners
Sec. 22-146. Created.
Thcrc is crcatcd a Board of Elcctrical Examincrs for thc city to bc appointcd by thc
city council. The administration of the appeal and registration provisions of thc city cicctrical
codc shall bc vcstcd in thc board.
Sec. 22-147. Membership.
without compcnsat+ee— hosc mcmbcrs shall includc two master electricians, one
PAGE 7 OF 44 PAGES
AGENDA ITEM NO.
journeyman electrician, one member who is an employee of the local electric utility
company, onc mcmbcr who shall bc a rcprcscntativc of industry, onc mcmbcr who shall
thc cicctrical contracting industry for monctary gain.
Sec. 22 148. Terms of office; officers; removal; vacancies.
(a) All appointmcnts of mcmbcrs to thc Board of Elcctrical Examincrs shall bc
terms. Terms shall be staggered and shall end on July 31 . Members shall serve until thcir
succcssors arc appointcd.
(b) Thc chairperson and vicc chairperson shall bc cicctcd by thc mcmbcrs of
thc board annually. Whcn good causc cxists, a mcmbcr may bc rcmovcd by thc city
be replaced by the council.
Sec. 22-149. Supplies.
Thc city shall providc thc Board of Elcctrical Examincrs with proper books of rccord,
Sec. 22-150. Quorum.
Any four of thc scvcn mcmbcrs of thc board of cicctrical cxamincrs shall constitutc
number is spccifically rcquircd by othcr scctions-ef +s article.
Sec. 22-151. Rules, policies.
(a) The Board of Electrical Examiners is directed to adopt such policies and
promulgatc such rules and rcgulations, not inconsistcnt with this articic and thc Chartcr
and thc city cicctrical cods, as it may find nocossary to expedite the enforcement and
administration of such dutics as arc in this articic delegated to thc board. All policies,
rulcs and rcgulations which shall bc adopted by thc board shall bc reduced to writing and
rcasonablc timcs.
(b) All mastcr cicctricians and industrial cicctricians rcgistcrcd as providcd
under this article shall be notified in writing of any changes to such rules and regulations.
Sec. 22-152. Recommendation for improvement of electrical code.
Thc Board of Elcctrical Examiners is dircctcd to submit to thc city council its writtcn
adopted in this article.
Sec. 22-153. Powers and duties.
Thc cicctrical inspcctor shall act as thc secretary of thc Board of Elcctrical
Examiners with the power and d ity to:
(1) Kccp and maintain a full rccord of all procccdings of thc board.
{2) Administer oaths in hearings held bcforc thc board conccrning thc granting,
PAGE 8 OF 44 PAGES
AGENDA ITEM NO.
dcnying, suspcnsion or rcvocation of a rcgistration, rcqucstcd or issucd, pursuant to this
articic.
{3) Ccrtify all official acts of thc board.
('1) Issi ie si ibpoenas for attendance of wi sses and produn n of books
�'7����c�aupvcrta-s-rv-rcrcc c�-�rrcr
and papers at all hearings before the board concerning the granting denying
o
suspension or revocation of a registration, requested or issued, pursuant -is
articic.
(5) To to �eeTnrt rreq ies� by trhre board ass the board in Ise II forms
up to datc with thc provisions of thc cicctrical codc.
Sec. 22 154. Registration.
(a) A person liccnscd by thc statc as an cicctrical contractor or cicctrical sign
contractor who sccks to perform cicctrical work in thc city shall rcgistcr his statc liccnsc
with thc Building and Codc Administration Division prior to work bcing donc.
(b) Upon registrat n state-l-i-Gesean electric ntr cto.rype orm
cicctrical work in thc city, providcd such work is within thc scopc of his statc liccnsc and
city ordinanccs.
Sec. 22 155. Interpretation of electrical code.
(aa) When r per apn� eras e �mTa in a G an-Ge �n � tio n /1�3
`"f f o
word, clausc, scntcncc, paragraph or othcr provision containcd in thc city cicctrical codc.
Whcn a qucstion arising by appcal is actcd upon by thc board, such action shall bc by a
majority vote of the board hcaring thc appcal, and the board's decision in cach case shall
bc rcduccd to writing and filcd in thc officc of thc cicctrical inspcctor. �,,,
s
{b) Ea�ec Tendered--by t ueG n (a) of
this scction shall be final, subjcct, howcvcr, to such rcmcdy as any aggricvcd party might
havc at law or in cquity.
(c) Any dccision rcndcrcd by thc board in accordancc with this scction may bc
modificd or rcvokcd whcn thc board ;ds that fasts and circumstanccs warrant such
,
or rcvokcs a prior dccision of thc board madc undcr this scction shall not bccomc
effective until ten days after the decision of thc board has bccn filcd in thc officc of thc
cicctrical inspcctor, unlcss spccifically ordcrcd to thc contrary by thc board.
(d) This section shall never by construed as granting any lcgislativc powcr to thc
board, such powcr bcing cxclusivcly in thc city council.
(e) A copy of any decision of thc board rcndcrcd undcr this scction shall bc
mailed to every registered master electrician or industrial electrician within the city
affcctcd by such dccision and to any othcr person dcsignatcd by thc board to rcccivc thc
dccision.
Sec. 22 156. Procedure for conduct of hearings.
When a public hca -is authorized or required to be held by the Board of Electrical
Examincrs, thc following proccdurcs shall bc followcd:
PAGE 9 OF 44 PAGES
AGENDA ITEM NO.
(1) A rccord of thc cntirc procccdings shall bc madc by tapc rccording or by any
othcr mcans of permancnt rccording dctcrmincd to be appropriatc by the board.
(2) In addii �tterecor � proce inn ma�rade bby th board any per o
app ring before the board may, at his expcnse, have the proceeding recorded by
a duly ccrtificd court rcportcr. Whcn a court reporter is employed, the person
cmploying the rcportcr shall furnish a transcript of thc h wring as produccd by thc
rcportcr to thc board at no cost to thc board.
(3) The board may grant a continuance of a hea-ri #or good cap shown
{'l) The chairperson of the board or the board's secretary shall havc thc powcr
to administer oaths or affirmations at any hearing cond acted by the board
{5) Noticc of any hcaring hcld by thc board shall bc scnt to any person affcctcd
by certified moil rota irn receipt req jested and shall be in si bstantially the
o
following form:
NOTICE OF HEARING
TO (Namc)
ADDRESS
"You arc hcrcby notificd that a hcaring will be hcld bcforc the City
ofof\n/iichitaa Falls Board of EIec lExa Ters at ti e
day of , 20 at the hour of o'clock .m.
Thc subjcct mattcr of thc hcaring is as follows:
You may be prcscnt at thc hcaring and may rcprcscnt yoursclf or
bc rcprcscntcd by lcgal counscl of your choicc.
Yoi i magi present any relevant evidence on yoi it behalf concerning
thc subjcct mattcr of thc hcaring and will bc givcn thc full
opportunity to cross cxaminc all witncsscs offcring cvidcncc
against you.
You may request the issuance of subpoenas to compcl thc
attendance of witnesses and the production of books, documents,
papers or other matters by filing a written request for such
subpocna with thc Sccrctary of thc Board."
(6) Thc sccrctary of thc board shall issuc all subpocnas rcqucstcd in writing by
any party to a h ring bcforc thc board. It shall, howcvcr, bc thc obligation of thc
rcqucsting party to furnish to thc sccrctary of thc board all necessary information
for thc proper icuancc of any subpocna.
{7) Thc board itsclf, in addition to any party to a hcaring hcld by thc board, may,
by motion, rcqucst a subpocna to bc issucd to compcl thc attcndancc of any
witness or the production of books, papers, documents or other things in the
intcrcst of fairncss.
{8) Thc sccrctary of thc board shall not issuc any subpocna whcn thc
PAGE 10 OF 44 PAGES
AGENDA ITEM NO.
rcqucsting party fails to providc thc ncccssary information to thc sccrctary for its
i-suancc.
(9) Thc right to cross cxamination shall bc allowcd to all partics to a hcaring
hcld bcforc thc board.
(10) Thc right to bc rcprcscntcd by lcgal counscl shall bc cxtcndcd to all parties
to a hcaring bcforc thc board.
(11) Thc right to call a witncss on his bchalf shall bc cxtcndcd to all parties to a
hcaring bcforc this board.
(12) In cvcry casc whcrc thc subjcct matter of the hearing before the board is
thc suspcnsion or rcvocation of thc rcgistration of any statc liccnscc, thc burdcn of
proof shall be upon the person commencing such action.
(13) During a hcaring held before the board an„ member of the board shall
have the right to direct any question to cithcr party to such hcaring.
(1'l) Oral evil alull be-taken onl i on oath or affirma n of ti-t�P"vi ss
offcring such cvidcncc.
(15) Any rcicvant cvidcncc may bc admittcd if it is thc typc of cvidcncc on which
rcsponsiblc persons arc accustomcd to rcly in thc conduct of scrious affairs,
rcgardlcss of thc cxistcncc of any common law or statutory rulc which might makc
improper thc admicion of such cvidcncc ovcr objcction in civil actions in courts of
competent jurisdiction in this state.
(16) Thc board shall havc in mind that it is conducting an administrativc hcaring
and, consistent with this section, may adopt any rules necessary to conduct such
hcaring hcld bcforc it.
(17) The board shall render its decision in writing within fivc day.. of thc
conclusion of any hcaring hcld bcforc it.
Subdivision I-V III. Permits
Sec. 22466146. Required.
(a) It shall be unlawful for any person to undertake any electrical work within the
city without having obtained a permit authorizing the person to undertake such work.
(b) There shall only be one electrical permit issued or outstanding at the same
time for any electrical work undertaken at any job site within the city. However, the electrical
inspector shall be authorized to issue two or more permits for a job site when the electrical
work to be undertaken at a job site is to be done in separate phases and the electrician
applying for the permit is to be responsible for one or more phases of the electrical work,
but not the total work required for completion of the job.
(c) When a master electrician has obtained a permit to undertake electrical work
and the electrician is seeking to undertake less than the total electrical work at a job site,
the following requirements apply:
PAGE 11 OF 44 PAGES
AGENDA ITEM NO.
(1) The master electrician shall, prior to the issuance of such permit, supply
to the electrical inspector drawings, diagrams or plans which show the exact
scope of the work to be undertaken.
(2) The master electrician shall be solely responsible for all electrical work
to be undertaken by such electrician at the job site.
(3) The master electrician who has obtained a permit to do electrical work
at a job site when such work is a phase or part of the total work, but less than
the total work required at the job site, shall do only such work at the job site
authorized by his permit.
(4) When there is more than one electrical permit issued for a job site within
the city, where two or more master electricians are working on different parts
or phases of the electrical work at such site, it shall be the joint responsibility
of all such electricians so permitted to see that the individual work undertaken
is compatible with all other electrical work undertaken at the job site and in
conformity with the approved plans for the job and this article.
(5) When two or more master electricians have performed phases or work
at a job site, the electrical inspector shall make one final electrical inspection
at the job site, which shall cover all electrical work undertaken or done at the
job site, and shall not pass the work unless all electrical work undertaken at
the job site is found to comply with this article.
(d) The electrical inspector shall issue only one electrical permit per job site for
the same or identical work with the following exceptions:
(1) When the master electrician has failed to complete the work, and such
fact is communicated by the general contractor or property owner.
(2) When the electrical inspector is notified in writing by the master
electrician that his contract for the electrical work is no longer in effect.
(3) When the electrical inspector has been notified in writing by the general
contractor permitted at the job site that the master electrician originally
permitted to do the work at the job site has been replaced with a new
electrician.
(e) When the electrical inspector determines that a new permit will be issued, the
person requiring such permit shall pay the full fee for the permit, and no refund shall ever
be made on the original permit issued.
(f) The electrical inspector is authorized to require any other type of evidence from
the general contractor or master electrician which he deems necessary prior to the
issuance of a new electrical permit.
PAGE 12 OF 44 PAGES
AGENDA ITEM NO.
(g) The issuance of a new permit under this section shall release the first permitted
electrician of any responsibility for compliance with this article for work completed by such
electrician, and the new permitted electrician shall be responsible for compliance with this
article for the entire job site.
(h) The clectrical inspector Chief Building Official shall require the owner, general
contractor or subcontractor or other interested person to execute an indemnity agreement
agreeing to hold harmless and defend the city and building and codc administrator Chief
Building Official from any and all liability which may be alleged as a result of the issuance
of a new electrical permit under this section and to require such agreement to be secured
by bonds and insurance deemed appropriate unless a release is signed by all parties.
Sec. 22487 147. Exemptions.
(a) No permit shall be required for a registered electrician or a homeowner to
undertake minor electrical work, which by way of illustration and not limitation is as follows:
(1) Repairing flush and snap switches.
(2) Replacing fuses.
(3) Changing lamp sockets and receptacles.
(4) Replacing neon tubing in or on an existing sign erected in compliance
with this article.
(5) Changing lamp or ballast.
(b) No permit shall be required to attach or repair electrical wiring or install service
to electrical apparatuses or equipment which are a part of a refrigeration, heating or air
conditioning system or unit or any motor unit driving other equipment. Nothing in this
subsection shall be construed as allowing any person to install new electrical wiring to or
in a building or premises in order to install any of the equipment listed in this subsection,
and this section shall be construed to allow a person to connect to existing wiring only.
(c) No permit shall be required, after original installation and inspection, to change
an electrical fixture or repair or replace an electrical fixture unless the work will require a
change in the size of the wiring supplying current to such fixture.
Sec. 22484 148. Classification.
The following types of permits for electrical work may be issued by the c,ectrical
inspector Chief Building Official:
PAGE 13 OF 44 PAGES
AGENDA ITEM NO.
(1) General electrical permit. A general electrical permit shall only be issued to a
master electrician and shall authorize the electrician to perform any type of electrical work
at a specific job site for which his registration qualifies.
(2) Homeowner's permit.
a. A homeowner's electrical permit shall only be issued to a person who
owns and resides in a single-family home and may be used by such
homeowner to do electrical work on the premises used by the homeowner as
his residence. The electrical inspector shall be authorized to require proof of
ownership and residence for any permit issued under this subsection.
b. Exception. A homeowner's permit shall not include any electrical
installation for a swimming pool, hot tub or spa, and all such electrical work
shall only be allowed by a general electrical permit issued to a master
electrician.
(3) In-house electrical permit. An in-house electrical permit shall only be issued to
a person registered as an industrial electrician, and shall authorize such electrician to
perform any type of electrical work for his employer for which his registration qualifies. No
permit issued to an industrial electrician shall ever authorize such electrician to perform any
electrical work for any person other than the employer of such electrician and upon the
buildings, grounds or equipment owned or leased by such employer.
Sec. 2248.9 149. Applications.
Application forms for any type of electrical permit authorized by ccction 22 188
section 22-148 shall be obtained from the clectrical inspector Chief Building Official and
shall be fully completed by the individual seeking the permit and returned to the electrical
inspector. The clectrical inspector Chief Building Official shall not issue the permit
requested if he finds any of the following:
(1) The proposed electrical work does not comply with this article.
(2) Plans and specifications for the work to be done under the requested permit
are insufficient to allow the electrical inspector to determine if the work proposed to
be done under the requested permit complies with this article.
(3) The individual is seeking a permit to perform electrical work which he is not
qualified to perform under the registration issued to such person by the board of
electrical examiners.
(4) If for a homeowner's permit, the individual applying therefor is not the owner
and resident of the premises for which the permit is sought.
(5) If for a homeowner's permit, the individual seeking the permit has failed to
PAGE 14 OF 44 PAGES
AGENDA ITEM NO.
demonstrate a working knowledge of this article.
(6) The individual seeking the permit has failed to furnish the certificate of
insurance required by section 22-349, or such insurance has been canceled or
reduced in coverage. This defect may be cured by compliance with the terms of
section 22-349.
Sec. 224-90 150. Plans and specifications required.
(a) Two sets of electrical plans and specifications may be required by the aectrical
inspector Chief Building Official prior to the issuance of a permit for the following electrical
work:
(1) All new construction for which a building permit is required in
accordance with this Code.
(2) All alterations to existing buildings or structures for which a building
permit is required in accordance with this Code.
(b) In addition to subsection (a) of this section, the aectrical inspector Chief
Building Official may require two sets of electrical plans and specifications when, in the
opinion of the Chief Building Official, such plans and specifications are necessary for the
cicctrical inspcctor Chief Building Official to determine if the proposed electrical work to be
undertaken, if a permit is issued, will comply with this article.
(c) When plans and specifications are required by this section, they shall contain
the following information:
(1) The size of the feeders and subfeeders and their length when there are
more than four branch circuits.
(2) All current connected device locations.
(3) All circuitry to panels.
(4) All panels and the service entrance must be sized on the plans.
(d) In addition to the requirements set forth in subsection (c) of this section, the
electrical inspector may require the calculations for the plans prior to the issuance of a
permit.
(e) The plans required by this section shall be sealed or certified as follows:
(1) All commercial building plans shall bear the seal of an electrical
engineer or a certification by a master electrician or industrial electrician that
the plans are approved by him. However, all plans must bear the seal of an
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AGENDA ITEM NO.
engineer licensed to practice in the state when required by the Texas
Occupations Code.
(2) All other plans shall be approved and bear the seal or certification of
any one of the following persons:
a. An engineer licensed by the state.
b. A registered master electrician who is contracted for the job.
c. A homeowner who is performing electrical work on his own
residence.
(3) Notwithstanding anything contained in this subsection to the contrary,
a registered industrial electrician may certify plans for electrical work for his
employer, if such plans do not require the seal of a licensed engineer in this
state pursuant to the Texas Occupations Code.
Sec. 22491- 151. Issuance; contents.
(a) When the electrical permit fee, as established by separate ordinance, is paid
and all other applicable sections of this article are complied with, the clectrical inspector
Chief Building Official shall issue the permit requested.
(b) The permit shall specify the following:
(1) The type of permit issued.
(2) The proposed work to be done.
(3) The location of the job site.
(4) The name and address of the registered electrician receiving the permit
or, if a homeowner, his name and address.
(5) The name and address of any company, firm, business, partnership or
corporation with whom the registered electrician is an officer, employee or
partner.
(6) The date of issuance and the signature of the electrical inspector.
(7) The signature of the electrician or homeowner receiving the permit and
responsible for electrical code compliance.
Sec. 22- 152. Temporary installations.
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AGENDA ITEM NO.
(a) The clectrical inspector Chief Building Official is authorized, in addition to other
permits allowed by this article, to issue temporary permits for a period of time not to exceed
90 days. All electrical work undertaken under a temporary permit shall nonetheless comply
with all other sections of this article, unless the electrician seeking such temporary permit
shall prove to the cicctrical inspcctor Chief Building Official that a lesser standard will
provide a safe installation for the period of time the permit is enforced.
(b) Upon the expiration of the time set forth in any temporary permit issued in
accordance with this section, the person obtaining such permit will do the following:
(1) Apply for and secure a regular permit for electrical work to either
complete the temporary work or bring such work into full compliance with this
article; or
(2) Remove all such temporary electrical work installed or undertaken
under the temporary permit issued and restore the building or premises to full
code compliance.
Sec. 22 193 153. Ready-built homes.
Where buildings are constructed in lumberyards or on premises other than where
the building is on a permanent foundation and where such building is to be moved into and
located within the city limits, wiring installation shall be made by an insured and registered
master electrician in conformity with this article, and permits shall be applied for.
Sec. 22-1-94154. Emergency work necessitating new wiring.
If an emergency occurs necessitating immediate new wiring or repairs to electrical
wiring at a time when the office of the Building and Code Administration is closed, the work
may be carried out without first obtaining a permit. Thereafter, a written application shall be
submitted to the Building and Code Administration for a permit during the next day that
such office is open. Before the permit shall be issued, all requirements for its issuance must
be complied with.
Secs. 22-1 155-22-220. Reserved.
Subdivision V IV. Inspections
Sec. 22-221. Required.
All electrical work for which a permit has been issued in accordance with this article
shall be inspected by the electrical inspector for compliance with this article. The electrical
inspector in discharging this duty shall make the following inspections:
(1) Rough-in inspection. The registered electrician or homeowner who has
secured the permit for electrical work shall be responsible for notification to
the Building and Code Administration that the electrical work is ready for a
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AGENDA ITEM NO.
rough-in inspection at such time that all raceways, panel board cabinets,
service equipment, outlet boxes, junction boxes, conduit, conductors and
conductor splices are installed and ready for visible inspection. The electrical
inspector shall refuse to make any rough-in inspection when the electrical
work has been covered from view.
(2) Final inspection. The registered electrician or homeowner who has
secured the permit for electrical work shall be responsible for notification to
the Building and Code Administration that the electrical work is ready for a
final inspection. Electrical work shall be considered ready for final inspection
when such work has passed all prior inspections made by the electrical
inspector, or when such work has been corrected to comply with this article
where a violation has been found to exist upon prior inspection, and where
the electrical work has been completed in accordance to plans and
specifications by the registered electrician or homeowner who has secured
the permit. The electrical inspector shall have the option of requiring the
presence of the permitted electrician or journeyman in charge of the work at
any final inspection.
(3) Additional inspections. In addition to the inspection required to be made
by the electrical inspector under subsections (1) and (2) of this section, such
inspector is further required to make any and all additional inspections he
shall deem necessary to ensure that all electrical work undertaken or existing
in the city is in compliance with this article.
(4) Sign inspections. The master electrician securing a permit for electrical
work in connection with any sign to be installed within the city shall be
responsible for notification to the electrical inspector that the electrical work,
for which the permit is issued, is ready for inspection. Electrical work
necessary for installation or erection of a sign shall be considered ready for
inspection when all work necessary for its installation or erection has been
completed by the person holding the permit. The electrical inspector shall
have the authority to require a sign to be opened or uncovered when
necessary to complete the inspection required by this subsection.
Sec. 22-222. Request for inspections.
(a) Every registered electrician or homeowner securing a permit under this article
to undertake electrical work shall be responsible for notifying the electrical inspector of any
requested inspection. The electrical inspector shall complete such inspection within 24
working hours after receipt of the notice requesting such inspection.
(b) A request for inspection may be made in writing or by telephone and shall
contain or specify the following information:
(1) The address where the work is located.
(2) The permit number if requested by the electrical inspector.
(3) The electrical contractor's name and address or the name of the
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AGENDA ITEM NO.
homeowner.
(4) The type of inspection requested, which shall be as follows:
E 1 Construction tap
E2 Rough in (before work is covered)
E3 Final (all work complete, power on)
E4 Reinspection (when work is rejected)
E5 Courtesy inspection (to discuss or plan work)
E6 Electrical system safety check (before power is connected or occupancy
change to existing service)
E9 Temporary power on (to power system before final inspection. If the
structure is occupied or code violations are noted, the electrical
inspector may request immediate disconnect of service to the electrical
utility)
Sec. 22-223. Procedure for identifying results.
The electrical inspector, after completing any inspection required or authorized by
this article, shall identify the results of such inspection in the following manner:
(1) If the electrical inspector determines upon inspection that the electrical work
inspected complies in every respect with this article, he shall attach or affix, at a
visible and accessible point, a notice which will signify that the work has been
inspected and was found to be in compliance with this article. The notice shall be
signed by the inspector making the inspection, shall be dated, shall set forth the
address of the job site where the inspection was made, and shall authorize the
electrician or homeowner to continue with the work.
(2) If the electrical inspector determines upon inspection that the electrical work
inspected does not comply with this article, he shall attach or affix, at a visible and
accessible point, a notice which will signify that the work has been inspected and
was found not to comply with this article. The notice shall be signed by the inspector,
shall be dated, shall contain a statement that the work has not passed the inspection,
and shall contain a warning that it is a violation of this article to proceed with the
electrical work until such work has passed inspection, and that a reinspection fee
will be paid before reinspection. The inspector shall also note on the back of the
notice the violation of this article discovered during his inspection and any other
information deemed relevant.
(3) When the electrical inspector is requested to make a final inspection on any
electrical work, he shall determine at such inspection if the electrical work complies
with this article and is ready to be connected to a source of electrical current. If the
electrical inspector approves and passes the work inspected, he shall attach or affix,
at a visible and accessible point, a notice which shall signify that the work has been
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AGENDA ITEM NO.
inspected and found to be in compliance with this article, and is ready to be
connected to a source of electrical current. The notice shall be signed by the
inspector, shall be dated, shall set forth the address of the job site, and upon
issuance, the inspector shall notify the utility company to provide service to the site
in accordance with section 22-224.
(4) For minor violations of this article where electrical work will remain open to
view, the electrical inspector may issue a notice of approval with notations of minor
violations. Such notice shall be attached or affixed at a visible and accessible point
of the work. The notice will signify that the work has been inspected and minor
violations of this article were discovered upon inspection. Any registered electrician
or homeowner who has received a notice of approval with minor violations shall
make all necessary corrections to the electrical work found to be a minor violation of
this article prior to the next inspection by the electrical inspector or within ten days
after receipt of the notice, whichever period is the shortest period of time. The notice
shall be signed by the inspector, shall be dated, shall set forth the location of the job
site and shall point out the items of work that must be corrected. If the registered
electrician or homeowner has failed to make corrections to electrical work as listed
on the notice within the time period in this subsection, the inspector shall issue a
rejection notice following the procedures set forth in subsection (b) of this section to
such electrician or homeowner.
Sec. 22-224. Clearance to connect electrical service.
(a) It shall be unlawful for any person to connect, reconnect or cause connection
or reconnection of electrical service to any building, structure, installation, construction tap,
sign or outdoor lighting system without a clearance from the electrical inspector except a
registered master electrician connecting service in an emergency, as allowed in section 22-
154.
(b) No electric utility company furnishing electric service within the city shall
furnish electric service in any of the following cases until authorization to connect has been
secured from the electrical inspector:
(1) New service to any new building, structure, tent, installation, sign or
outdoor lighting.
(2) Electrical service has been terminated due to the alteration or repair of
any building, structure, installation, sign, premises or outdoor lighting.
(3) Electrical service has been terminated due to fire, flood, windstorm,
earthquake, explosion or any other similar disaster to any building, structure,
installation, sign, premises or outdoor lighting.
(4) Electrical service has been terminated due to unsafe electrical
conditions existing at or in any building, structure, installation, sign, premises
PAGE 20 OF 44 PAGES
AGENDA ITEM NO.
or outdoor lighting, and the utility has been made aware of such fact by the
electrical inspector.
(5) Electrical service has been discontinued or there has been a change of
occupants to any building or premises, except private residences and
apartments where service is carried over for a continuing occupancy.
Secs. 22-225-22-254. Reserved.
Subdivision VI-V. Fees
Sec. 22-255. Permit and inspection fees.
(a) A fee shall be assessed for each permit required by this article. Such fee shall
be established by separate ordinance. All permit fees shall be paid upon application for the
permit.
(b) When any electrical work is commenced within the city and no permit as
required by this article has been issued prior to the commencement of such work, the fee
for issuance of the required permit may be charged and assessed at twice the amount
required by separate ordinance. This subsection shall not, however, apply when the
electrical work has been undertaken as an emergency in accordance with section 22-154.
(c) Permit fees as established by separate ordinance shall not be assessed for
permits involving work for any of the following:
(1) School districts within the city limits.
(2) The city.
(3) The county.
(d) When a permit has been issued and the electrical work has been inspected
by the electrical inspector, and such inspector determines upon inspection that the
electrical work failed to comply with this article and issues a rejection notice for such work
pursuant to section 22-223(b), a reinspection fee shall be charged, as established by
separate ordinance.
Sec. 22-256. Fee adjustments.
All fees and charges as established and set forth by separate ordinance are and
shall be subject to adjustment in accordance with this Code.
Secs. 22-257-22-285. Reserved.
DIVISION 3. ELECTRICAL CONTRACTORS
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AGENDA ITEM NO.
Subdivision I. In General
Secs. 22-286-22-345. Reserved.
Subdivision II. Licenses
Sec. 22-346. Required.
(a) It shall be unlawful for any person to do or undertake to do any electrical work
within the city unless licensed by the state to perform such work in accordance with this
article, except where a person is performing electrical work for a class of business that is
exempt from this article as set forth in section 22-404, or the person is a homeowner
performing electrical work or wiring on his own residence and is exempt from this article as
set forth in section 22-404.
(b) It shall be unlawful for any person to engage in or carry on, directly or indirectly,
or to advertise or to hold himself out as engaging in or carrying on electrical work or to
perform any act as a master electrician, industrial electrician, journeyman electrician,
maintenance electrician, master sign electrician, journeyman sign electrician, residential
wireman, or apprentice electrician, as defined within this article, without first obtaining an
appropriate license from the state.
(c) In addition to any license required in this section, any person who shall engage
in the business of electrical contracting shall, prior to making contracts or subletting the
contracts, obtain a registration, referred to as an "electrical contractor registration." Such
electrical contractor registration shall be issued by Building and Code Administration,
contingent upon compliance with the applicable sections of this article and the following:
(1) The business for which the registration is issued shall be owned by or
have in its employment at least one registered master electrician, and such
master electrician shall be designated on the registration application as
responsible for the daily supervision of all electrical work of the business so
registered.
(2) Such designated master electrician's name, address and telephone
number shall be provided to the Building and Code Administration upon
application for the electrical contractor registration.
(3) Such master electrician shall make himself available during the normal
working hours of the Building and Code Administration in order to meet with
the electrical inspector either at the job site or at the inspector's office
regarding any electrical work performed by that business. When such
designated master electrician may be unavailable, such as in cases of
emergency, illness, or absence from the city, the electrical inspector may
allow the business to designate an alternate master or journeyman electrician
PAGE 22 OF 44 PAGES
AGENDA ITEM NO.
as the city contact during such period of absence.
(4) At any time the designated master electrician's registration is
suspended, revoked, or expires, or such master electrician leaves the
employment of the business so registered under this subsection, the electrical
contractor registration shall become null and void until such master electrician
registration has been reinstated or another master electrician has been
designated by the business.
(5) An electrical contractor's registration shall expire on December 31 and
may be renewed thereafter.
(6) A fee shall be charged for each electrical contractor registration, issued
in accordance with the fee established by separate ordinance.
(7) No permits shall be issued to any master electrician whose contractor's
registration is not current.
(d) A master electrician or industrial electrician shall not use his registration to
obtain electrical permits issued under this article for any other class of electrician who is
not a full-time employee of the master electrician's or industrial electrician's company and
under his direct supervision and control. Business records of the electrical contractor may
be required by the board of electrical examiners to substantiate the master's involvement
with the business.
Sec. 22-347. Unlawful work; false claims.
(a) It shall be unlawful for any registered electrician to perform or hold himself out
as being able to perform any type or class of electrical work not expressly included under
coverage of his registration.
(b) It shall be unlawful for any person to advertise or to hold out or to state to the
public or to any customer, either directly or indirectly, that any electrical work or installation
complies with the city electrical code unless such work has in fact been inspected and
approved by the electrical inspector.
(c) It shall be unlawful for any person or the owner, agent or occupant of any
premises to aid or abet an electrical contractor in the violation of this article or connive in
its violation.
Sec. 22-348. Unregistered electricians.
It shall be unlawful for any registered electrician to allow any unregistered electrician
or unregistered apprentice to work at any job site or electrical installation project under his
control or supervision.
PAGE 23 OF 44 PAGES
AGENDA ITEM NO.
Sec. 22-349. Fee and insurance requirements.
(a) Each :ueec,. fi l applicant for any class of registration provided for by this articic
chall pay a fcc to thc sccrctary of thc Board of Elcctrical Examincrs in thc amount sct forth
any electrical work within the city until such timc as thc fcc has bccn paid. The fcc rcquircd
chall be paid to thc sccrctary, who shall pay such fcc ovcr to thc city's gcncral fund.
(a) Any person engaged in the electrical contracting business in the corporate city
limits shall obtain and have in full force and effect a policy of liability insurance, insuring
against claims or actions for personal injuries or property damage occurring or claiming to
have occurred upon or growing out of engaging in the electrical contracting business with
limits as prescribed by state licensing requirements. A current certificate of insurance
meeting or exceeding these limits must be on file in the electrical inspector Building and
Code Administration's office prior to the issuance of any permit. The insurance coverage
shall include a provision that if such coverage is canceled or reduced, the insurance carrier
shall notify the electrical inspector Chief Building Official at least ten days prior to such
cancellation or reduction in coverage.
(b) No electrical permit shall be issued to any master electrician until such time as
the certificate of insurance required in subsection (b)of this section is filed with the clectrical
inspcctor Chief Building Official.
(c) It shall not be necessary, however, for a master electrician to furnish a
certificate of insurance as required by this section if such electrician does not actively
engage in the electrical business as a master electrician and files with the c ectrical
inspector Chief Building Official a letter so stating. A master electrician may engage in his
electrical business at any time by so advising the Chief Building Official in writing and
furnishing the required insurance certificate.
(d) The requirements of this section shall not apply to the following:
(1) A homeowner seeking a homeowner's permit to do work on his own
residence.
(2) An industrial electrician seeking an in-house electrical permit as
provided in section 22-148(3) to do work outlined by such permit.
Sec. 22-350. Possession.
The holder of any electrical registration shall, when on the job site of any electrical
installation, have in his immediate possession a wallet-size identification of such
registration. The registrant shall, upon request, present such registration for identification
to the electrical inspector or any of his deputies. In addition to the identification requirement
in this section, each master electrician and industrial electrician shall cause to be posted in
PAGE 24 OF 44 PAGES
AGENDA ITEM NO.
a prominent place at his place of business or employment the certificate of qualification
which is issued by the secretary at the time his registration is issued.
Sec. 22-351. Business address.
(a) Every master electrician and industrial electrician shall file with the c,ectrical
inspector Chief Building Official a written statement setting forth the current business
address and phone number of such electrician. It shall be the responsibility of the electrician
to advise the electrical inspector of any changes to the information required in this
subsection.
(b) The clectrical inspector Chief Building Official shall not issue any permit
required by this article to any master electrician or industrial electrician who has not
complied with this section.
Sec. 22-352. Transferability.
Any electrical registration issued in accordance with this article shall be
nontransferable.
Sec. 22-353. Employment of journeyman or apprentice.
(a) Every master electrician or industrial electrician shall be responsible for and
exercise supervision and control over every journeyman electrician or apprentice electrician
performing work upon any job site for which the master electrician or industrial electrician
has secured a permit in accordance with this article. Consistent with the responsibility of
the master electrician or industrial electrician to exercise supervision and control over
journeyman electricians and apprentices, no master electrician or industrial electrician shall
use the services of a journeyman electrician or apprentice on any job who is not a full-time
employee of the same company as the master electrician or industrial electrician.
(b) The cicctrical inspcctor Chief Building Official may require the master
electrician or industrial electrician to produce payroll records, quarterly federal withholding
reports, or other information to verify the employee relationship.
Sec. 22-354. Supervision of journeyman electrician.
It shall be a violation of this article and an additional reason for revocation or
suspension of a journeyman's registration if a journeyman electrician is found to be
undertaking or engaged in performing electrical work when a permit for such work has not
been issued to the master electrician or industrial electrician who is employed on a full-time
basis by the same company as the journeyman electrician.
Sec. 22-355. Notification of employment.
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AGENDA ITEM NO.
(a) The holder of a journeyman electrician registration shall notify the c,ectrical
inspcctor Chief Building Official in writing if the holder of such a registration changes places
of employment. The notice shall contain the name, address and telephone number of the
new employer, together with the date of new employment.
(b) The holder of a maintenance electrician registration shall follow the same
procedure as set forth in subsection (a) of this section if he changes places of employment.
(c) The holder of an industrial electrician registration shall follow the same
procedure as set forth in subsection (a) of this section if he changes places of employment.
(d) The notification required by this section shall be made to the c,ectrical
inspector Chief Building Official no later than ten days after the commencement of new
em ployment.
Sec. 22-356. Supervision of apprentice electrician.
No class of registered electrician shall have more than three apprentice electricians
working under his direct supervision and control.
Sec. 22-357. Expiration and renewal.
(a) Each electrician's registration issued under this article shall expire at 12:00
midnight on December 31 of each year.
(b) Every holder of any class of registration issued in accordance with this article
may make written application for renewal of his registration; however, such application shall
be filed with the c,ectrical inspector Chief Building Official prior to the expiration of his
current registration.
(c) Application forms for renewal of any registration issued in accordance with this
article shall be furnished by the c,ectrical inspector Chief Building Official.
(d) A fee shall be charged for each renewal registration issued in accordance with
the schedule of fees established by separate ordinance.
(e) The cicctrical inspcctor Chief Building Official shall refuse to renew any
registration issued in accordance with this article where the applicant for renewal thereof
fails to maintain his license through the state, complete the required application, maintain
insurance as required, and tender the fees for renewal.
Sec. 22-358. Vehicle and other identification.
(a) Each vehicle used in the business of electrical contracting work in the city shall
be properly identified by the placement of a sign or lettering on such vehicle. The sign shall
PAGE 26 OF 44 PAGES
AGENDA ITEM NO.
display the name of the person doing business, and the lettering for such sign shall be at
least two inches in height in contrasting colors. These signs shall be placed on both front
doors of each vehicle or on both upper side panels of each van.
(b) In addition to subsection (a) of this section, all trucks or other vehicles used by
any master electrician shall also have, placed upon the left-hand side of such vehicle, the
registration number of the master electrician, in numbers a minimum height of two inches
in size. These numbers shall be placed above the door signs or included as part of the sign.
(c) Every master electrician shall include his registration number on all printed or
written advertising used or employed by such electrician.
Sec. 22-359. Procedure for revocation or suspension.
��ne Bo Ele+tri Ex orc a i-s-i uthoriied e♦th to-su enrl
proper causc as set forth in section 22 360.
(b) Thc board shall follow thc following proccdurcs in cxcrcising thc powcrs sct
forth in subscction (a) of this scction:
(1) Whcn thc board is to dctcrminc whcthcr or not an cicctrician'
rcgistration is to be suspcndcd or rcvokcd, thc board shall procccd upon a
sworn affidavit of thc cicctrical inspcctor or upon the sworn affidavit of any
person aggricvcd by thc action of such cicctrician. Thc affidavit shall sct
forth thc grounds upon which thc affiant rclics to suspcnd or rcvokc thc
registration
ri}n�question, together
}with sufficient
pfacts in support thcrcof.
(2) WfTGTr-C'he eleG� victor or an a TeGFGT. person weeks to
commence action to suspend or revoke the registration of an cicctrician, he
chall prcparc thc rcquircd affidavit in writing and shall filc thc original and
n,ith t eel{ aI inspector ,n shall ate the date and-ticime of
filing of si ich affidavit and shall fonn,ard a cony fo the chairperson of fho
board and to the electrician who is the subject of the allegations. The
eleG�pect9� 1 retal opy of the affidavi #ilex The
f- a—�rrtauv-r rrca��c
cicctrical inspcctor shall forward thc copy of thc affidavit to thc cicctrician
namcd in thc affidavit by ccrtificd mail, rcturn rcccipt rcqucstcd.
(3) Thc cicctrician namcd in thc affidavit shall havc tcn days from thc
datc of rcccipt of such affidavit to filc a sworn rcsponsc to thc chargcs sct
forth in thc affidavit. Thc cicctrician in qucstion shall filc thc rcsponsc and
two copics with thc sccrctary of thc board, who shall forward one copy to
the chairperson of the board and one copy to the person filing thc affidavit
to which thc rcsponsc is dircctcd. Thc cicctrical inspcctor shall rctain thc
original rcsponsc in his officc.
PAGE 27 OF 44 PAGES
AGENDA ITEM NO.
(11) Thc chairperson of thc board, upon rcccipt of an affidavit of complaint
for suspension or revocation of the registration of any electrician, shall givc
notice of such affidavit of complaint to cach mcmbcr of thc board. Aftcr
ch mcmbcr of thc board has bccn notificd of thc affidavit of complaint,
the hoard shall moot at a reg lar mooting or a special mooting caller) by the
chairperson for thc purposc of cntcring an ordcr of thc board sctting a datc
and timc at which the board shall enter upon a h ring to determinc
whether or not the electrician in question should have his registration
suspcndcd or rcvokcd. Thc board shall causc a copy of its ordcr sctting a
hcaring in thc mattcr to bc scrvcd upon thc cicctrician namcd in thc affidavit
of complaint by certified mail, return receipt requcsted, at I t ten days
prior to thc datc of thc hcaring sct by thc board.
(5) The hoard shall tereafter meet at to time and place se�rth
tc�rnc-pvurcr—.mur currc�--rrrcc�cr� c
order and enter i ipon a hearing to determine whether or not the hoard shall
ordcr thc rcgistration of thc cicctrician in qucstion suspcndcd or rcvokcd.
(6) Thc board shall causc a copy of its final ordcr to bc ccrvcd upon the
clectrician in qucstion by certified mail, return receipt requcsted, and shall
filc a copy of its order with the electrical inspector.
(7) When the chairperson of thc board has rcccivcd thc affidavit of
complaint which, in the unanimous opinion of the board, sets forth
allcgations that would causc immcdiatc dangcr to lifc or property, thc board
may, by unanimous votc, cntcr its ordcr tcmporarily suspcnding thc
registration of the electrician named in the affidavit of complaint fora period
of time not to exceed 20 days. When the board enters a temporary ordcr of
suspension a- authorized in this subsection, it shall enter its final
dctcrmination on thc mcrits of thc complaint prior to thc cxpiration of thc
tcmporary ordcr of suspcnsion.
(8) Whcn an cicctrician has had his rcgistration suspcndcd by ordcr of
thc board, hc shall not bc cligiblc to undcrtakc any cicctrical work within thc
city during thc timc of suspcnsion sct forth in thc board's ordcr. At thc
conclusion of the term of suspension, the electrician's registration shall
i i a all Teinstat or renewed in accordance wit h � I d
GTT
he may oncc again undcrtakc cicctrical work within thc city.
(9) Whcn an cicctrician has had his rcgistration rcvokcd by ordcr of thc
board, hc shall not bc cligiblc to undcrtakc any cicctrical work within thc city
until such timc as hc has succccfully qualificd for a new rcgistration as
provided in this article. Any electrician whose registration has bccn rcvokcd
shall bc incligiblc to apply for a new rcgistration for a period of one ycar
from thc datc of thc ordcr of thc board rcvoking samc.
Sec. 22-360. Grounds for suspension or revocation.
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AGENDA ITEM NO.
(a) One or more of the following shall constitute cause for suspension or
revocation for any class of electrical registration issi ied by the Board of Electrical
Examiners:
(1) The failure or refusal by an electrician, after due notice from thc
elect al inspecto t Tect any electrical work found to bbe i a ' n of
this article or the electrical code.
{2) Thc furnishing of falsc or incorrcct information in any application
submitted to the board for licensing under the board's powers.
(3) Knowingly cai ising or allowing wiring t be coyeer or conceeal from
sight prior to inspcction by thc cicctrical inspcctor.
(�l) Thc rcfusal to uncover or makc availablc for inspcction by thc
electrical inspector any electrical wiring or work inadvertently covered or
conccalcd by thc cicctrician.
(5) A final conviction in a court of law of any violation of this articic or thc
clectrical code.
(6) A pica of nolo contcndcrc cntcrcd by any cicctrician liccnccd by thc
state to any complaint or charge against him in which he is chargcd with a
violation of this article or the electrical codc and upon which the court has
cntcrcd a judgmcnt of conviction against thc cicctrician.
(7) Thc habitual violati ;s articic or thc cicctrical codc. Thc tcrm
"habitual violation" shall mcan thrcc or morc scparatc violations of a similar
or idcntical naturc occurring at scparatc job sitcs within any 12 month
period, except minor violations of subdivision II of division /I of this articic.
(8) Any violation ofvrmis articic or thc cicctrical codc, which violation is a
clear and present danger to life or property
(9) Thc failurc of any rcgistcrcd mastcr cicctriciastrial cicctrician
to„m, tai a to F riiscrcrsion over all ioiirneim n others registered
undcr this articic, working dircctly undcr or for him on any projcct or job for
which a permit has bccn sccurcd by thc mastcr cicctrician or industrial
cicctrician. Thc tcrm "adcquatc supervision," for thc purposc of this
subscction, shall mcan that thc mastcr cicctrician or industrial cicctrician
shall maintain such contact with a job or projcct for which he has obtaincd a
permit as ncccc8ary to cnsurc that thosc cicctricians undcr his control and
dircction arc complying and havc complicd with all applicablc scctions of
this articic and provisions of thc cicctrical codc.
(b) It shall be a ground for suspension or revocation of a registration issucd to a
,
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AGENDA ITEM NO.
cicctrician if thc board of cicctrical cxamincrs finds by a prcpondcrancc of cvidcncc that
such cicctrician ha. obtaincd a permit undcr this articic or thc cicctrical codc and has
allowcd any othcr cicctrician to work upon thc job or projcct for which thc permit was
issucd othcr than th-esc cicctricia�s rcgistcrcd by thc board undcr his dircct cmploymcnt
and supervision. Thisu-bscction shall not apply, howcvcr, to a joint vcnturc by any two or
projcct in qucstion thc fact that thc projcct is to bc a joint vcnturc is notcd upon thc permit
will havc immcdiatc responsibility and control ovcr thc job or projcct from which the
permit is obtaincd.
(c) It shall be a ground for revocation of any registration issucd to any cicctrician
that thc cicctrician in qucstion has had his rcgistration suspcndcd by thc board on two
ccparatc occasions within an 18 month period of timc.
(d) It shall bc a ground for suspcnsion of a rcgistration issucd by thc Board of
Elcctrical Examincrs if a holdcr of a rcgistration, rcquircd to furnish a ccrtificatc of
insurancc in accordancc with this articic, fails to furnish such ccrtificatc or maintain thc
rcquisitc insurancc covcragc such ccrtificatc cvidcnccs.
(c) It shall bc a ground for suspcnsion of any rcgistration issucd by thc board of
electrical examiners if an applicant for renewal of such registration fails or rcfuscs to
furnish any information rcqucstcd by thc board in writing conccrning thc applicant's
ability, training, cxpericncc or performancc as an cicctrician.
(f) It shall bc a ground for suspcnsion or rcvocation of a rcgistration isucd to a
journcyman cicctrician for any such cicctrician to undcrtakc any cicctrical work whcn
such cicctrical work is not undcr thc supervision of a mastcr cicctrician or industrial
c,ectrician.
(g) It shall bc a ground for suspcnsion, only of a rcgistration issucd to a mastcr
tcicphonc numbcr and addrec on filc with thc cicctrical inspcctor.
(h) It shall bc a ground for rcvocation of a rcgistration issucd to any clac of
cicctrician for any such cicctrician to undcrtakc any cicctrical work during thc timc his
rcgistration has bccn suspcndcd by thc board.
(i) It shall be a ground for si ispension or r ocatinn of a registrati n for any
�n aFs�rrrnTe��vccr crc�-r-vruTc9rzcrucr�lrr-rvr-arrp
cicctrician authorizcd by this articic to obtain permits for cicctrical work to undcrtakc any
cicctrical work without first obtaining thc rcquircd permit, unlcss spccifically authorizcd by
this articic to sccurc such permit at a latcr datc.
(j) It shall bc a ground for suspcnsion or rcvocation of a rcgistration icucd to
any class of cicctrician to perform any cicctrical work not authorizcd to bc performcd or
undertaken under the terms of the registration hcld by such cicctrician.
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AGENDA ITEM NO.
(k) It shall be a ground for suspension or revocation of a registration issucd to
any master electrician or industrial elcctrician to allow an„ person to perform electrical
work on a job sitc for which thc cicctrician has sccurcd a permit when such person is not
authorizcd by this articic to perform such cicctrical work.
Sec. 22-361. Appeal of revocation or suspension.
(a) Any person whosc rcgistration has bccn rcvokcd or suspcndcd by action of
that he has bccn aggricvcd by thc action of thc board bccausc of any allcgcd arbitrary or
capricious action of thc board, may app al this dccision to thc city council within tcn days
aftcr thc writtcn dccision of thc board ha- bccn filcd in thc officc of thc sccrctary of thc
board and a copy has bccn scrvcd on thc rcgistrant. Thc filing of thc noticc of appcal by
the registrant whose registration has bccn suspcndcd or rcvokcd shall operatc to stay thc
cuspcnsion or rcvocation ordcr until thc city council renders its decision.
(b) Thc sccrctary of thc board shall notify thc city managcr upon rcccipt of
writtcn noticc of appcal filcd in accordancc with this scction. Thc city managcr shall, upon
such noticc, placc thc app al on thc ncxt convcnicnt city council agcnda in accordancc
with this Codc. Thc city council may affirm, modify or vacatc any finding of thc board of
ordcr, thc board shall within a rcasonablc timc comply with such ordcr, not to cxcccd 115
days from the execution of such ordcr by thc city council.
Sec. 22-- - - . City licensees.
An electrician licensed by the city on October 19, 2004, may continue to perform
electrical work in the city provided his city license is registered, timely renewed and is
otherwise maintained in good standing. Except for the licensing requirements of section
32-346(a), an electrician performing work under a city license shall comply with all
requirements and shall be subject to all disciplinary action for a state licensee under this
article. In the event a city licensee shall fail to renew his license within 31 days of expiration,
he shall be required to obtain a state license before performing any electrical work that
requires a license.
Secs. 22-363-22-400. Reserved.
DIVISION 4. ELECTRICAL STANDARDS*
Subdivision I. In General
Sec. 22-401. National Electrical Code adopted by reference.
The National Electrical Code, edition, ANSI/NFPA 70, published by the
National Fire Protection Association, is adopted as a part of this article as fully as if copied
at length in this division. A copy of the National Electrical Code, 2005 2017 edition, shall be
PAGE 31 OF 44 PAGES
AGENDA ITEM NO.
filed with the City Clerk's office as a public record. If a conflict occurs with any provision of
the National Electrical Code and this article, the sections of this article shall control.
Sec. 22-402. Scope.
All electrical work installed within the city shall be installed in conformity with this
article, and it is declared to be unlawful for any person to install any electrical work in
violation of this article and the provisions of the electrical code as adopted.
Sec. 22-403. Interpretations; appeals.
(a) It shall be the duty of the electrical inspector or Chief Building Official to
interpret the sections of this article as may be necessary to administer and enforce this
article.
(b) Any person, jointly or scvcrally, who may be aggrieved by the interpretation of
the electrical code rendered by the electrical inspector may appeal the decision of the
electrical inspector to the Board of Electrical Examiners Construction Board of Adjustment
and Appeals.
(c) Any person seeking to appeal the decision of the electrical inspector rendered
in accordance with this section shall comply with the following:
(1) Written notice of the appeal must be made to the Board of Electrical
Examincrs Construction Board of Adjustment and Appeals within five days of
the date on which the electrical inspector rendered his decision.
(2) The appeal must clearly set forth the decision of the electrical inspector,
together with the position of the person taking the appeal to the board.
(3) The person seeking the appeal must set forth his reasons in support of
his position, together with evidence in support of his position.
(4) The written appeal shall be filed with the cccrctary of thc board City
Clerk.
(5) The cicctrical inspcctor shall havc a period of fivc days from rcccipt of
thc appeal to filc a rcsponsc thcrcto with thc board. Within 30 days, the Chief
Building Official shall call a regular meeting of the Construction Board of
Adjustment and Appeals to hear the appeal.
(6) In an emergency to life or property, which emergency shall be
specifically set forth in the written appeal filed with the board Construction
Board of Adjustment and Appeals, the board Construction Board of
Adjustment and Appeals shall render a decision on such appeal within 24
hours from the time such appeal is filed with the board. The board shall
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AGENDA ITEM NO.
determine in any such case whether or not a true emergency exists, and its
decision in this regard shall be final.
(7) In every case to be heard by the board on an emergency basis, the
electrical inspector shall be present and shall be allowed to present his
position to the board.
(8) The decision of the board on any appeal taken under this section shall
be final and binding.
Sec. 22-404. Exceptions.
(a) This article shall not apply to any of the following:
(1) Any electrical work performed by any electrical public utility holding a
certificate of service from the state public utility commission and operating
within the city.
(2) Any electrical work undertaken by the city in conjunction with street
lighting or traffic-control signals.
(3) Any electrical work performed by a telephone, telegraph or district
messenger company operating under a franchise issued by the city.
(4) Any electrical work performed by any broadcast transmission business
or entity.
The exceptions from this article in this subsection do not, however, authorize any of
such classes of business named to perform electrical work for the general public or to do
any other type of electrical work except that which is necessary and customary to the class
of business involved.
(b) Notwithstanding the exception set forth in subsection (a) of this section, this
article shall apply to the wiring and installation for light, heat and power for all buildings
containing equipment or housing employees of any class of business excepted by
subsection (a) of this section.
(c) Nothing in this article shall be construed to require a property owner to obtain
a registration or furnish a certificate of insurance before doing electrical work in or on a
building occupied by himself as a single-family residence, provided the following conditions
exist:
(1) He has applied for and obtained a permit from the electrical inspector
to do the electrical work.
(2) He has presented a set of plans showing the electrical work to be
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AGENDA ITEM NO.
undertaken and such plans are found to conform to this article.
(3) He agrees to call for all inspections required by this article.
(4) He is able to demonstrate to the electrical inspector that he has a
working knowledge of this article and the ability to do electrical work in conformance
with the provisions of the electrical code.
(5) He agrees to correct any violations of this article found or discovered
upon any inspection performed by the electrical inspector.
Sec. 22-405. Premises involved in fire; reinstatement of service.
(a) It shall be the duty of the Fire Chief or the Fire Marshal to have the premises
involved in a fire fully inspected by the electrical inspector when the Chief of the Fire
Department or the Fire Marshal determines that a fire originated due to any of the following
causes:
(1) Faulty electrical wiring;
(2) Overloading of electrical equipment;
(3) Overloading of electrical lines;
(4) Unauthorized electrical installation; or
(5) Any damage to the electrical system by the fire.
(b) When the electrical inspector finds that a fire has caused damage to the
electrical system or originated for any of the reasons set forth in subsection (a) of this
section, no electrical service shall be reinstated or reconnected to the property by any
electrician or by the owner of such property until such time as the conditions have been
repaired in compliance with this article and approved by the electrical inspector.
(c) Notwithstanding subsections (a) and (b) of this section, the clectrical inspector
Chief Building Official may approve temporary electrical service necessary to complete
repairs or reconstruction of the property in question.
Sec. 22-406. Improperly installed or defective equipment.
(a) If any part of any electrical equipment or wiring in or about any building, facility,
installation, premises or lot within the city is found to have been installed or connected in
violation of this article, it shall be the duty of the electrical inspector to notify in writing the
owner of the premises or the tenant of the premises or the person in possession of the
premises to immediately cease using electrical current in any such violation identified by
the electrical inspector.
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AGENDA ITEM NO.
(b) If any part of any electrical equipment or wiring in or about any building, facility,
installation, premises or lot within the city is found to have fallen into a state of disrepair
which would render the use of such electrical equipment dangerous to life or property, it
shall be the duty of the clectrical inspector Chief Building Official to notify in writing the
owner of the premises or the tenant of the premises or the person in possession of the
premises to immediately cease using electrical current in any such violation or condition
identified by the electrical inspector.
(c) The written notice required in this section shall state the following:
(1) The date that the inspection was made by the electrical inspector where
a violation of this article or a condition dangerous to life or property is found.
(2) The section of this article or the electrical code which the inspection
reveals has been violated.
(3) For conditions dangerous to life or property, a brief description of such
conditions.
(4) A specified time, not to exceed ten days from the date of the written
notice, to correct all violations identified or to correct all conditions identified
as dangerous to life or property.
(5) A statement advising the owner, tenant or person in control and
possession of the building, facility, installation, premises or lot that, if there
are any persons using the area in question who require electrical service for
life support, it is the duty of the person receiving this notice immediately and
without failure to notify the electrical inspector of such fact.
(d) If the owner, tenant or person in possession of the premises identified in the
written notice given pursuant to this section fails to take action necessary to correct any
and all such violations or conditions dangerous to life or property within the time limit
specified in the written notice, the electrical inspector shall take the following action:
(1) The cicctrical inspcctor Chief Building Official shall serve upon the
owner, tenant or person in possession of the property an order to cease use
of the property, facility, installation, premises or lot until such time as proof is
presented to the electrical inspector that all defects have been corrected and
such work is verified by inspection.
(2) When the violation of this article found to exist is of such a nature as to
cause immediate danger to life or property, the electrical inspector shall issue
an order to the public utility supplying such power to immediately terminate
such electrical service until such time as all violations are corrected.
(3) If the owner, tenant or person in possession of the building, facility,
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AGENDA ITEM NO.
installation, premises or lot fails to comply with an order of the electrical
inspector issued under subsection (d)(1) of this section within three days of
receipt of such order, the electrical inspector shall issue his order as provided
in subsection (d)(2) of this section to the public utility providing the electrical
services.
(4) Notwithstanding any provision set forth in subsections (d)(1) through
(3) of this section, when the electrical inspector Chief Building Official has
been notified by the owner, tenant or person in possession of the building,
facility, installation, premises or lot that there is a person residing within any
of such structures or areas who requires electrical service for life support, the
Chief Building Official is authorized to take one or all of the following courses
of action:
a. Notify the owner, tenant or person in possession of such structure
or area to immediately make arrangement to provide an alternative
location for the person involved.
b. Withhold taking action to terminate electrical service for a
reasonable period of time not to exceed ten days.
c. Terminate all electrical service not necessary for the life support
of the person involved.
d. Request the city attorney to seek a proper court order requiring
the relocation of the person involved.
Sec. 22-407. Liability for defective work.
This article shall not be construed to relieve from or lessen the responsibility of any person
owning, operating, controlling or installing any electrical wiring connections, fixtures,
appliances, apparatus, machinery, equipment or work, inside or outside, overhead or
underground, in the city for damages to any person injured by defects therein, nor shall the
city be held as assuming any liability because of the inspection authorized by this article or
certificate or permit issued as provided for and regulated.
Sec. 22-408. Construction against implicit repeal of article.
This article being a general ordinance intended as a unified coverage of its subject
matter, no part of it shall be deemed to be implicitly repealed by subsequent ordinances if
such construction can reasonably be avoided.
Sec. 22-409. Control of zoning ordinance.
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AGENDA ITEM NO.
Whenever there is a conflict between the sections of this article governing signs and
the provisions of the city zoning ordinance in appendix B to this Code, the provisions of the
zoning ordinance shall control.
Secs. 22-410-22-435. Reserved.
Subdivision II. General Specifications
Sec. 22-436. General installation of wiring, fixtures and apparatus.
(a) In the installation of all wiring, fixtures and apparatus, the rules and
requirements adopted by section 22-401 shall be complied with, together with the rules
contained in this article and such additional requirements as may from time to time be
adopted.
(b) When an electrician or any homeowner has sought to install any type of
electrical equipment and such equipment has been found not to comply with this article,
the electrician or homeowner shall have the right to appeal the decision of the clectrical
inspcctor Chief Building Official to the Board of Elcctrical Examincrs Construction Board of
Adjustment and Appeals. The board shall, upon such hearing, determine whether or not
the type of electrical equipment sought to be installed by the electrician or homeowner is
equivalent to the sections of this article. When the board determines that the equipment in
question is equivalent to that required by this article, it shall enter an order to such effect,
and the clectrical inspector Chief Building Official shall be governed by the terms of such
order in all future cases where the same type of equipment is sought to be installed.
Sec. 22-437. Wiring.
(a) All electrical wiring shall be installed in rigid metallic conduit, electrical metallic
tubing, approved metallic raceways, approved metal-clad cable, approved nonmetallic
conduit and raceway or approved multi-outlet assemblies. However, all single-family and
multifamily residences not exceeding three stories and outbuildings on the same premises
may be wired in nonmetallic sheathed cable as a minimum requirement. However, if any
part of a residence or other building is converted to any commercial purposes not within
such exceptions, the entire building shall be classified as a business premises, and the
entire building shall be rewired. All conduit installed for electrical use shall be installed under
the requirements of this article.
(b) Electrical nonmetallic tubing (ENT) shall not be used in any location except
where NM cable is acceptable in the city.
(c) Manufactured wiring systems as approved by electrical code adopted in this
article shall be acceptable.
(d) No electrical metallic tubing (EMT) shall be permitted in any electrical
installation where such tubing is in contact with the ground or earth or is embedded in a
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concrete slab.
(e) All MC cable shall have a green grounding conductor.
Sec. 22-438. Size of conductors; aluminum conductor.
(a) Aluminum conductors may be installed on service and feeders only and must
be terminated properly using approved compression-type crimp lugs installed with a proper
tool and with an approved inhibitor (Petrox).
(b) No aluminum conductors shall be installed on any branch circuits or grounding
in dwellings.
Sec. 22-439. Residence circuits.
An electrical conduit of not less than three-fourths inch trade size shall be installed
from the panel to an accessible crawl space in the attic, under the floor or to the outside of
the house if it has no attic and has a concrete floor. This conduit is to facilitate the future
installation of the two space circuits to be left open as spares in all residential panels.
Sec. 22-440. Commercial circuits.
Commercial electrical circuits shall be installed as required by the electrical code
adopted in this article.
Sec. 22-441. Service entrance.
(a) All-metal entrances. An all-metal complete electrical service entrance shall be
used from the point of contact with the electric company to the service switch or distribution
panel except as provided in this article. Underground service entrance may be schedule 40
PVC.
(b) Busway entrance. Installations using a busway as a service entrance shall be
made with a totally enclosed busway assembly and accessories approved for use as
service entrance equipment and shall have totally enclosed weatherproof construction
where used outside of a building.
(c) Overhead service drops. Overhead service drops shall be installed in
accordance with the following:
(1) New installations. When a new electrical installation is to be served with
an overhead service drop, a means of attachment shall be provided. When
an electrical installation is started before the electric company facilities are
placed, it shall be the responsibility of the electric company to determine the
location of the facility from which the service drop for the electrical installation
will be installed. The means of attachment shall be a clamp on a service mast
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AGENDA ITEM NO.
or a galvanized hook bolt or eye bolt, rigidly attached to a rafter or stud to
give adequate support to the service drop. Landing and meter heights shall
comply with the utility company guidelines.
(2) Additions to existing installations. When an addition is to be made to an
existing building that requires that the service entrance be relocated to the
new portion of the building, the service entrance shall comply with the rules
established for all new installations.
(3) Existing installations. When the meter loop is changed on an existing
installation, the installation shall reasonably comply with the electrical code
and this section without altering the roof of the existing building. The means
of attachment shall be changed by the master electrician or the homeowner
and shall be at the maximum height that can be maintained on the building.
The new means of attachment shall be an eye bolt or hook bolt, rigidly
attached to a rafter or stud and to give adequate support to the service drop.
Other suitable means of attachment, including insulators attached with a
single lag screw, may be approved by the electrical inspector if commonly
accepted within the trade.
(d) Service mast. If a service mast is used to attain the height required by the
electrical code, the service mast shall be a minimum two-inch IMC or rigid conduit having
adequate strength to withstand the strain of the service drop and shall meet minimum
standards established by the electric company and approved by the Board of Electrical
Examincr& Chief Building Official as defined in the publication, "National Electrical Safety
Code," from the electric company.
(e) Providing for metering. The master electrician or homeowner shall provide for
and install facilities to accommodate metering of an electrical installation in accordance
with uniform practices established by the electric company in accordance with the
franchises granted by the city which conform to this article. The meter enclosure shall be
mounted on the outside of a building near the point of contact between the electrical
installation and the electric company service lines at a location that does not subject the
enclosure to physical damage and will cause the meter to be readily accessible to
representatives of the electric company for installing, replacing, removing, inspecting,
testing and reading. Exceptions to the outside location may be made only by specific
agreement with the electric company and with the approval of the electrical inspector.
(f) Enclosed metering. If the addition or alteration of any building encloses the
metering installation such that it will no longer be in an accessible outside location, the
metering installation shall be relocated to a point outside the addition or alteration,
maintaining strict conformance to this article.
(g) Existing inside metering locations. Metering installations which are located
inside a building shall be moved to an outside location at such time that changes, alterations
or additions are made to the service entrance of the electrical installations. Metering
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AGENDA ITEM NO.
installations moved outside shall conform to this article.
(h) Disconnecting switches. All disconnecting switches accessible to the general
public under 200 amperes shall have raintight and dead-front panels. All disconnecting
switches 200 amperes or over that are exposed or accessible to the general public shall
have raintight and locked or bolted closed panels.
(i) Minimum conductor use. The service entrance shall conform to the electrical
code, except that the entrance conductor size shall not be less than the equivalent of
number 6 THW copper.
Sec. 22-442. Underground service entrance.
(a) Conductors. Electrical conductors and cables on underground service
entrances may be installed in approved raceways or may be buried directly in the earth
when approved direct burial cables are used.
(b) Mechanical protection. Rigid metal raceways or electrical metallic tubing shall
be used on all underground service entrance conductors to provide mechanical protection
where needed. Raceways approved for the purpose shall be provided for underground
service entrance conductors entering under any projection of a building, such as, but not
limited to, porches, patios, concrete driveways, walkways or pads adjacent to a building
which does not provide adequate space between driveways, walkways or pads in order to
permit repair or replacement of conductors, and the raceway shall be continuous from the
point of entry under any projections to the service entrance switch or panel.
Sec. 22-443. Underground feeder circuits and branch circuits.
Electrical feeder circuits and branch circuits installed underground shall comply with
the full requirements of section 22-442 for underground service entrances.
Sec. 22-444. Encroachment on public way.
Neither feeder circuits nor branch circuits on any private electrical installation shall
extend into or cross over or under any street, alley or public way which has been dedicated
for public use, except that an electrical installation which is confined within a building or
structure where a license and hold harmless agreement has been approved by the city and
projects into or crosses over or under a dedicated street, alley or public way will not be
affected by this section.
Sec. 22-445. Buildings moved to location.
The electrical installation in any building or structure which is moved from outside of
the city or within the city shall conform to the requirements of this article as though the
building, structure or residence had been newly constructed on the location.
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AGENDA ITEM NO.
Sec. 22-446. Building remodeling and additions.
In a building, structure or residence which is altered, remodeled or added to, the
electrical installation within the altered, remodeled or added-on portion shall conform to this
article.
Sec. 22-447. Electric signs and outline lighting.
(a) New installation. All electric signs and outline lighting shall be installed in
compliance with the electrical code adopted in this division, this Code, and this article.
(b) Existing installation. The c,ectrical inspector Chief Building Official, when he
determines that any electric sign or outline light constitutes a hazard impairing safety of life
or property, shall require that the sign or outline lighting installation be revised to meet the
minimum standards established by this article and shall specify the time allowed for such
revisions. If the required revisions are not completed within the time allotted, the Chief
Building Official shall order the electric sign or outline lighting disconnected from the power
supply and the installation removed. Failure to comply with such a disconnect or removal
order shall constitute a violation of this article.
(c) New installation. Any electrical installation on an electric sign after such sign
is delivered to its permanent location shall be performed by a registered electrician. All new
electric sign installations shall also require a permit and inspection and approval of the
electrical installation by the electrical inspector.
(d) Sign installations to conform to zoning. No electrical permit shall be issued for
any sign in a district where signs are prohibited by this zoning ordinance in appendix B to
this Code, nor shall any permit be issued for any sign which does not conform to the zoning
requirements of the area in which the sign is to be placed.
Sec. 22-448. Construction tap service posts.
(a) Specifications. The post used for a construction electrical tap service shall be
equivalent to a four-inch by four-inch structural grade timber and shall have an overall
length of not less than 16 feet.
(b) Installation. The construction tap service post shall be installed such that the
post extends not less than three feet into undisturbed earth and shall be securely tamped
in place. The post installation shall include supports, braces or guys necessary to maintain
the post in a vertical position safely under the strain of the service drop conductors.
(c) Equipment. The construction tap service post shall be equipped with a raintight
service entrance including metallic conduit from a raintight and dead-front service switch or
panel board of adequate size to provide sufficient branch circuits to weatherproof
receptacles. The service entrance shall have a minimum conductor size of number 6 THW
copper wire and shall be grounded in accordance with this article. Receptacles only shall
PAGE 41 OF 44 PAGES
AGENDA ITEM NO.
be used to supply power to extension cords, tools and special equipment. Receptacles
shall be the grounding type and shall be rated for the voltage and current requirements of
the load to be served. All 120-volt receptacles shall be GFI protected.
(d) Load wiring. All wiring connected to construction tap branch circuit receptacles
shall be attached with approved plugs and shall comply with the requirements of the
electrical code and this article.
(e) Use restricted. Construction tap service posts shall be used only for supplying
specific construction project loads during the construction period and within the time period
specified on the construction tap permit.
(f) Permits. Permits for construction tap service post shall only be issued to master
electricians.
Sec. 22-449. Mobile homes and travel trailers.
Electrical service entrance equipment for mobile homes and travel trailers shall be
considered as permanent electrical installations and shall meet the full requirements of this
article.
Sec. 22-450. Temporary electrical installations.
(a) Permits. The electrical inspector is permitted to issue special limited permits
for temporary electrical installations where, in his opinion, the installation is necessary or
advisable for the benefit and protection of the public.
(b) Wiring methods. Wiring methods other than those required by this article may
be allowed for temporary electrical installations, provided that such wiring methods shall be
safe and adequate for the specified purpose and use and to the satisfaction of the electrical
inspector.
(c) Time limitation. Permits for temporary electrical installations shall be for a
specified time set by the electrical inspector and shall not exceed 90 days.
(d) Inspection. Any temporary installation shall be inspected and approved by the
electrical inspector before it is connected to a power source. The use of any temporary
installation shall be disconnected immediately upon expiration of the permit.
(e) Time extensions. If the temporary electrical installation is needed beyond the
90-day period, subsequent permits may be issued. An inspection shall be made before the
issuance of any subsequent permit, and each subsequent permit shall be for a period not
to exceed 90 days.
Sec. 22-451. Materials and equipment standards.
PAGE 42 OF 44 PAGES
AGENDA ITEM NO.
(a) Approved equipment. All electrical equipment, including materials,
apparatuses, fixtures and appliances used on electrical installations, shall conform to
standards set by Underwriters' Laboratories, Inc., and shall bear an Underwriters'
Laboratories label or be certified as listed by Underwriters' Laboratories, Inc.
(b) Equipment use. Such electrical equipment shall be used only for the specific
purpose for which it has been labeled or listed.
(c) Unstandardized equipment. Electrical equipment which has not been approved
or for which standards have not been established by Underwriters' Laboratories, Inc., may
be used on electrical installations, provided such electrical equipment is approved by the
electrical inspector.
(d) Unapproved equipment. The electrical inspector shall deny approval for use
of any electrical equipment which is not labeled or listed by Underwriters' Laboratories, Inc.,
when he reasonably believes the use of such equipment is unsafe or hazardous.
Sec. 22-452. Electrical fences.
All electrical fence installations shall require a permit in accordance with section 22-401.
The materials and equipment used shall conform to the requirements of section 22-451.
Sec. 22-453. Low-voltage wiring.
(a) A low-voltage electrical system to be used to operate any mechanical system,
air conditioning unit, central heating unit and other such system shall be installed under the
supervision of a registered master electrician. This subsection is not to be construed as
including self-generated control systems.
(b) All low-voltage transformers, such as may be used for doorbells, floor furnaces
and other such installations, shall be installed in a convenient and readily accessible place.
(c) All wiring, line voltage or low voltage used for data processing or energy control
and like systems shall be considered electrical work and must conform to this article.
(d) All other wiring shall conform to the electrical code adopted in this article.
Sec. 22-454. Existing installation.
Any electrical system or electrical equipment lawfully installed prior to the effective
date of the ordinance from which this article is derived may have its existing use,
maintenance or repair continued if the use is in accordance with the original design and
location, and such system is not dangerous to public health, safety and welfare and is
approved by the electrical inspector.
Secs. 22-455-22-480. Reserved.
PAGE 43 OF 44 PAGES
AGENDA ITEM NO.
2. The amendments established by this ordinance shall be made available to the
public through the Office of the City Clerk, and be published online in such a manner as to
be available to the public.
3. Should any section or provision of this ordinance be declared by a court of
competent jurisdiction to be invalid, that decision shall not affect the validity of the ordinance
as a whole or any part thereof, other than the part so declared to be invalid.
4. This ordinance shall take effect 30 days following its approval by City Council and
it is so ordained.
PASSED AND APPROVED this 3rd day of May 2022.
MAYOR
ATTEST:
City Clerk
PAGE 44 OF 44 PAGES
AGENDA ITEM NO.
CITY COUNCIL AGENDA
June 7, 2022
ITEM/SUBJECT: Ordinance amending the Wichita Falls Regional Airport fiscal year
2022 budget in an amount of $34,965 for the purchase of a
replacement Law Enforcement vehicle.
INITIATING DEPT: Aviation, Traffic, & Transportation
STRATEGIC GOAL: Efficiently Deliver City Services
STRATEGIC OBJECTIVE: Practice Effective Governance
COMMENTARY: In August of 2021, the City Council approved the use of Federal
Aviation Administration (FAA) Entitlement funds for the purchase of a replacement law
enforcement vehicle for Wichita Falls Regional Airport. This program requires a 10%
local match for the use of Entitlement funds. While this expenditure is eligible under the
Airport Improvement Program, the FAA has asked the City to use Airport COVID funds to
complete this purchase. This decision will effectively remove the local share amount
required for the purchase of this vehicle because the purchase is 100% eligible with the
use of COVID funds, thus saving the City of Wichita Falls $3,495 on the purchase.
Staff requests the support of City Council via this ordinance to amend the fiscal year 2022
Wichita Falls Regional Airport budget in the amount of$34,965 and to use Airport COVID
funding for the purchase of a law enforcement replacement vehicle.
® Director, Aviation, Traffic, & Transportation
ASSOCIATED INFORMATION: Ordinance
® Budget Office Review
® City Attorney Review
® City Manager Approval
PAGE 1 OF 2 PAGES
AGENDA ITEM NO. 6.0
Ordinance No.
Ordinance amending the Wichita Falls Regional Airport fiscal year
2022 budget in an amount of$34,965 for the purchase of a replacement
Law Enforcement vehicle
WHEREAS, the City of Wichita Falls has received Airport COVID grant support
from the Federal Aviation Administration; and
WHEREAS, the City of Wichita Falls has identified the need for the purchase of a
replacement law enforcement vehicle for Wichita Falls Regional Airport; and
WHEREAS, the Federal Aviation Administration allows the purchase of a law
enforcement vehicle through its Airport Improvement Program; and
WHEREAS, the use of Airport COVID grants allows for the use of 100% Federal
Aviation Administration funding to cover such purchases, and
WHEREAS, the City of Wichita Falls desires to use COVID grant funds to purchase
a replacement law enforcement vehicle for Wichita Falls Regional Airport in an amount of
$34,965.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The Wichita Falls Regional Airport fiscal years 2022 budget is hereby amended in
an amount of $34,965 using Federal Aviation Administration Airport COVID grant funds
for the purchase of a replacement law enforcement vehicle.
PASSED AND APPROVED this the 7th day of June, 2022.
MAYOR
ATTEST:
City Clerk
PAGE 2 OF 2 PAGES
AGENDA ITEM NO. 6.0
CITY COUNCIL AGENDA
June 7, 2022
ITEM/SUBJECT: Resolution suspending the June 17, 2022 effective date of Oncor
Electric Delivery Company's requested rate change to permit the City
time to study the request and to establish reasonable rates;
approving cooperation with the steering committee of cities served
by Oncor to hire legal and consulting services and to negotiate with
the Company and direct any necessary litigation and appeals; finding
that the meeting at which this Resolution is passed is open to the
public as required by law; requiring notice of this Resolution to the
Company and legal counsel for the Steering Committee.
INITIATING DEPT: Legal
STRATEGIC GOAL: Efficiently Deliver City Services
STRATEGIC OBJECTIVE: Practice effective governance
COMMENTARY:
Oncor Electric Delivery Company ("Oncor" or "the Company") filed an application
on or about May 13, 2022, with cities retaining original jurisdiction seeking to increase
system-wide transmission and distribution rates by about $251 million or approximately
4.5% over present revenues. The Company asks the City to approve an 11.2% increase
in residential rates and a 1.6% increase in street lighting rates. If approved, a residential
customer using 1,300 kWh per month would see a bill increase of about $6.02 per month.
The Resolution suspends the June 17, 2022 effective date of the Company's rate
increase for the maximum period permitted by law to allow the City, working in conjunction
with the Steering Committee of Cities Served by Oncor, to evaluate the filing, determine
whether the filing complies with the law, and if lawful, to determine what further strategy,
including settlement, to pursue.
The law provides that a rate request made by an electric utility cannot become
effective until at least 35 days following the filing of the application to change rates. The
law permits the City to suspend the rate change for 90 days after the date the rate change
would otherwise be effective. If the City fails to take some action regarding the filing before
the effective date, Oncor's rate request is deemed administratively approved.
Staff recommends approval.
® City Attorney
PAGE 1 OF 4 PAGES
AGENDA ITEM NO. 7.a
ASSOCIATED INFORMATION: Resolution
® Budget Office Review
® City Attorney Review
® City Manager Approval
PAGE 2 OF 4 PAGES
AGENDA ITEM NO. 7.a
Resolution No.
Resolution suspending the June 17, 2022 effective date of Oncor
Electric Delivery Company's requested rate change to permit the City
time to study the request and to establish reasonable rates; approving
cooperation with the steering committee of cities served by Oncor to
hire legal and consulting services and to negotiate with the Company
and direct any necessary litigation and appeals; finding that the
meeting at which this Resolution is passed is open to the public as
required by law; requiring notice of this Resolution to the Company
and legal counsel for the Steering Committee
WHEREAS, on or about May 13, 2022, Oncor Electric Delivery Company (Oncor),
pursuant to PURA §§ 33.001 and 36.001, filed with the City of Wichita Falls a Statement
of Intent to increase electric transmission and distribution rates in all municipalities
exercising original jurisdiction within its service area effective June 17, 2022; and
WHEREAS, the City of Wichita Falls is a member of the Steering Committee of
Cities Served by Oncor ("Steering Committee") and will cooperate with the 169 similarly
situated city members and other city participants in conducting a review of the Company's
application and to hire and direct legal counsel and consultants and to prepare a common
response and to negotiate with the Company prior to getting reasonable rates and direct
any necessary litigation; and
WHEREAS, PURA§ 36.108 grants local regulatory authorities the right to suspend
the effective date of proposed rate changes for ninety (90) days after the date the rate
change would otherwise be effective; and
WHEREAS, PURA § 33.023 provides that costs incurred by Cities in rate-making
proceedings are to be reimbursed by the regulated utility.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS, TEXAS THAT:
1. The June 17, 2022 effective date of the rate request submitted by Oncor on
or about May 13, 2022, be suspended for the maximum period allowed by law to permit
adequate time to review the proposed changes and to establish reasonable rates.
2. As indicated in the City's Resolution approving membership in the Steering
Committee, the Executive Committee of Steering Committee is authorized to hire and
direct legal counsel and consultants, negotiate with the Company, make
recommendations regarding reasonable rates, and to intervene and direct any necessary
administrative proceedings or court litigation associated with an appeal of a rate
ordinance and the rate case filed with the City or Public Utility Commission.
3. The City's reasonable rate case expenses shall be reimbursed by Oncor.
PAGE 3 OF 4 PAGES
AGENDA ITEM NO. 7.a
4. It is hereby officially found and determined that the meeting at which this
Resolution is passed is open to the public as required by law, and the public notice of the
time, place, and purpose of said meeting was given as required.
5. A copy of this Resolution shall be sent to Oncor, Care of Howard V. Fisher,
Oncor Electric Delivery Company LLC, 1616 Woodall Rodgers Freeway, Dallas, Texas
75202, and to Thomas Brocato, Counsel to the Steering Committee, at Lloyd Gosselink
Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725.
PASSED AND APPROVED this 7th day of June, 2022.
MAYOR
ATTEST:
City Clerk
PAGE 4 OF 4 PAGES
AGENDA ITEM NO. 7.a
CITY COUNCIL AGENDA
June 7, 2022
ITEM/SUBJECT: Resolution authorizing the City Manager to award bid and contract
for the 2022 Alley Rehabilitation Project to Freeman Paving, LLC in
the amount of$355,198.00.
INITIATING DEPT: Public Works
STRATEGIC GOAL: Provide Quality Infrastructure
STRATEGIC OBJECTIVE: n/a
COMMENTARY: On May 24, 2022, bids were opened for the 2022 Alley Rehabilitation
Project. This project is generally described as the rehabilitation of various concrete alleys,
sanitary sewers, and associated work. The Engineer's estimate for the project was
$367,000. Sanitation and sewer funds will be used to pay for the alley and sewer
improvements associated with this project.
The bids received for this project are as follows:
COMPANY AMOUNT
Freeman Paving, LLC — Vernon, TX $355,198.00
Scales Construction — Wichita Falls, TX $385,336.00
Company
Parker Concrete LLC - Wichita Falls, TX $417,688.52
Construction of this project should require approximately 150 consecutive days to
complete.
Freeman Paving, LLC has successfully completed similar projects for the City and staff
recommends award of the contract to Freeman Paving, LLC in the amount of
$355,198.00, based on unit price quantities.
® Director, Public Works
ASSOCIATED INFORMATION: Resolution, Bid Tab, Location Map
® Budget Office Review
® City Attorney Review
® City Manager Approval
PAGE 1 OF 4 PAGES
AGENDA ITEM NO. 7.B
Resolution No.
Resolution authorizing the City Manager to award bid and contract for
the 2022 Alley Rehabilitation Project to Freeman Paving, LLC in the
amount of $355,198.00
WHEREAS, the City of Wichita Falls has advertised for bids for the 2022 Alley
Rehabilitation Project; and,
WHEREAS, it is found that the lowest responsible bidder is Freeman Paving, LLC
who made a unit price bid with an estimated total of$355,198.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The unit price bid for the 2022 Alley Rehabilitation Project is awarded to Freeman
Paving, LLC in an estimated total amount of $355,198.00, and the City Manager is
authorized to execute a contract for the City with said Contractor for the construction of
such project.
PASSED AND APPROVED this the 7th day of June, 2022.
MAYOR
ATTEST:
City Clerk
PAGE 2 OF 4 PAGES
AGENDA ITEM NO. 7.B
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PAGE 4 OF 4 PAGES
AGENDA ITEM NO. 7.B
CITY COUNCIL AGENDA
J U N E 7, 2022
ITEM/SUBJECT: Resolution authorizing award of 28 bids to various vendors for the
City's annual supply of bulk chemicals for water and wastewater
treatment.
INITIATING DEPT: Public Works and Finance/Purchasing
STRATEGIC GOAL: Efficiently Delivery City Services
STRATEGIC OBJECTIVE: N/A
COMMENTARY: Bids were opened May 4, 2022 for the purchase of the City's
estimated annual requirement of bulk chemicals used for the treatment of water and
wastewater. The term of the contract is for one (1) year, with a one (1) year renewal
option.
Bids were requested for the estimated annual requirements of twenty-eight (28)
chemicals. Attached is a summary of the chemicals, their applications, and the bid
tabulations. The total budgeted cost for these products is $3,794,868.15. Chemicals are
ordered on an "as needed" basis.
The cost summary of 2019 and 2022 is included for Council information. The large
increase of the total bid amount of $1.1 million is indicative of the inflationary costs that
are being seen in the water sector across the nation for chemicals and equipment.
Bid submissions contain vendors' agreement to supply more or less of the estimated
quantities at the prices quoted. Staff recommends award of 28 bids for water and
wastewater treatment chemicals as indicated.
® Purchasing ® Director of Public Works
ASSOCIATED INFORMATION: Resolution , Bid Tab
® Budget Office Review
® City Attorney Review
® City Manager Approval
PAGE 1 OF 13 PAGES
AGENDA ITEM NO. 7.c
Resolution No.
Resolution authorizing award of 28 bids to various vendors for the
City's annual supply of bulk chemicals for water and wastewater
treatment
WHEREAS, the City of Wichita Falls advertised and requested bids for the
purchase of the annual supply of chemicals for water and wastewater treatment; and,
WHEREAS, bids were received and publicly opened on May 4, 2022; and,
WHEREAS, the City Council desires to purchase chemicals for the City's water
and wastewater treatment operations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
Authorization is granted to award 26 bids and 2 extensions for the purchase of bulk
water and wastewater treatment for each chemical as follows:
• Anhydrous Ammonia to Airgas Specialty Products, Inc. in the amount of
$134,400.00.
• Aquamag to Shannon Chemical Corporation in the amount of$10,077.50.
• Calcium Oxide (Pebble Quicklime) to Texas Lime Company in the amount
of $682,830.00.
• Copper Sulfate to Vineera Chemicals, LLC in the amount of$18,560.00.
• Liquid Ferric Chloride to PVS Technologies, Inc. in the amount of
$438,000.00.
• Citric Acid (Food Grade) to Water Tech, Inc. in the amount of$6,880.00.
• Hydrofluosilicic Acid (Fluoride) to Univar Solutions USA Inc. in the amount
of $37,700.00.
• Lime Slurry to Lhoist North America of Texas, LTD. in the amount of
$147,660.00.
• Liquid Ammonium Sulfate to Chemtrade Chemicals US LLC in the amount
of $101,200.00.
• Liquid Carbon Dioxide to Linde, Inc. in the amount of$177,625.00.
• Bulk Liquid Chlorine to DPC Industries Company in the amount of
$459,000.00.
• Liquid Chlorine Cylinders to DPC Industries Inc. in the amount of
$257,040.00.
• Liquid Citric Acid to Water Tech Inc. in the amount of$95,320.50.
• Aqualum Polymer to Polydyne Inc. in the amount of$9,288.00.
• Liquid Ferric Sulfate to Chemtrade Chemicals US LLC in the amount of
$505,241.64.
• Liquid Hydrochloric Acid to PVS Minibulk in the amount of$13,900.00.
PAGE 2 OF 13 PAGES
AGENDA ITEM NO. 7.c
• Liquid Oxygen to Matheson Tri-Gas, Inc. in the amount of $24,300.00.
• Liquid Sodium Bisulfite to Univar Solutions USA Inc., in the amount of
$81,000.00.
• Liquid Sodium Chlorite to International Dioxide, Inc. in the amount of
$150,220.00.
• Liquid Sodium Hydroxide (Caustic Soda) to Water Tech Inc. in the amount
of $34,510.00.
• Liquid Sodium Hypochlorite to PVS Minibulk, Inc. in the amount of
$38,594.40.
• Sulfur Dioxide to DPC Industries, Limited Partnership in the amount of
$165,240.00.
• Liquid Sulfuric Acid to Univar Solutions USA Inc. in the amount of
$78,416.00.
• Potassium Permanganate to Chemrite, Inc. in the amount of$11,571.00.
• Powdered Activated Carbon to Cabot Norit Americas, Inc. in the amount of
$48,000.00.
• Scale Inhibitor/Antiscalant to Avista Technologies, Inc. in the amount of
$13,978.99.
• Wacker Silfoam to Univar Solutions USA Inc. in the amount of$27,315.12.
• Belt Press Polymer to Polydyne Inc. in the amount of $27,000.00.
PASSED AND APPROVED this the 7th day of June, 2022.
MAYOR
ATTEST:
City Clerk
PAGE 3 OF 13 PAGES
AGENDA ITEM NO. 7.c
2022 BULK CHEMICALS - TABULATIONS
BID: 22-12
CHEMICAL: ANHYDROUS AMMONIA
PURPOSE: Form chloramines for disinfection
AMOUNT: 56 TONS 2019 COST: S995TON
VENDOR UNIT EXTENDED
COST COST
AIRGAS SPECIALTY PRODUCTS. INC. S 2.400.00 S 134.400.00
UNP .A SOLUTIONS USA INC NO BID
STAFF RECOMMENDATION:
Award of bid to Airgas Specialty Products, Inc.,in the amount of$134,400.00.
BID: 22-13
CHEMICAL: AQUAMAG
PURPOSE: Chelation of Calcium Carboonate across water plant filters
AMOUNT: 7,250 LBS 2019 COST: $0.54.LB
VENDOR UNIT EXTENDED
COST COST
BRENNTAGSOUTH'W'EST, INC NO BID
CHEMRITE, INC. NO BID
SHAIJlIlON CHEMICAL CORPORATION S 1 .39 S :',1:77 533
UNLVAR SOLUTIONS USA INC_ $ 1.525 S 11,05E_25
STAFF RECOMMENDATION:
Award of bid to Shannon Chemical Corporation. in The amount of$10 D77.50_
BID: 22-14
CHEMICAL: CALCIUM OXIDE(PEBBLE QUICKLIME)
PURPOSE: Softening of drinking water
AMOUNT: 3,000 TON 2019 COST: S2OE.85?TOI1
VENDORUNIT EXTENDED
COST COST
LHOIST NORTH AMERICA OF TEXAS. LTD $ 282.000 S S46,000.00
TEXAS LIME C:OMP.4IJY S 227.810 S 682,E30,00
UNI''AR USA NO BID
STAFF RECOMMENDATION:
Award of bid to Texas Lime Company, in the amount of S,3¢2,830.20
PAGE 4 OF 13 PAGES
AGENDA ITEM NO. 7.c
2022 BULK CHEMICALS -TABULATIONS
BID: 22-15
CHEMICAL: COPPER SULFATE
PURPOSE: Control of algae
AMOUNT: 8,000 LBS 2019 COST: $1.5751LB
VENDOR UNIT EXTENDED
COST COST
BRENNTAG SOUTHWEST, INC_ NO BID
CHEMRITE, INC. $ 2.58 $ 20,640.00
UNIVAR SOLUTIONS USA INC_ NO BID
VINEIERACHEMICALS. LLC: S 2,32 S 18.560,C:0
WATER TECH INC_ $ 2.49 $ 19,92G_00
STAFF RECOMMENDATION:
Award of bid to Vineera Chemicals, LLC in the amount of 418,560.00.
BID: 22-16
CHEMICAL: LIQUID FERRIC CHLORIDE
PURPOSE: Treatment of Wastewater
AMOUNT: 200,000 GAL 2019 COST: $1,571GAL
VENDOR UNIT EXTENDED
COST COST
PENCCO, INC. S 1.76 $ 352.DOD.00
PVS TECHNOLOGIES. IN::. S 2, S =2.3.0 10.00
UNIVAR SOLUTIONS USA NC. NO BID
STAFF RECOMMENDATION:
Due to past customer service issues with the low bidder and their inability to correct
said issues,staff recommends the award of bid to PVS Technologies in the amount of
$438,000.00_
BID: 22-17
CHEMICAL: CITRIC ACID (FOOD GRADE)
PURPOSE: Treatment of drinking water
AMOUNT: 4.000 LBS 2019 COST: $0.84lLB
UNIT EXTENDED
VENDOR COST COST
BRENNTAG SOUTHWEST, INC NO BIG
CHEMRITE, INC. $ 3.919 $ •v.96C Cr:
UNIVAR SOLUTIONS USA INC_ NO BID
WATER TECH. INC. S 1,72 S 3..
STAFF RECOMMENDATION:
Award of bid to Water Tech,Inc. in the amount of 36,880.00.
PAGE 5 OF 13 PAGES
AGENDA ITEM NO. 7.c
2022 BULK CHEMICALS - TABULATIONS
BID: 22-18
CHEMICAL: HYIJROFLUOSILICIC ACID (FLUORIDE)
PURPOSE: Fluoridation of Drinking Water
AMOUNT: 14,500 GAL 2019 COST: $1,80?GAL
VENDOR UNIT EXTENDED
COST COST
PENCCO, INC. $ 2.87 $ 41,615.00
UNIVAR SOLUTIONS USA INC. S 2.' 0 S 37,7O0.CCi
STAFF RECOMMENDATION:
Award of bid to Univar USA, Inc., in the amount of$37,700.00.
BID: 22-19
CHEMICAL: LIME SLURRY
PURPOSE: Treatment of Wastewater
AMOUNT: 214,000 GAL 2019 COST: $0,531GAL
VENDOR UNIT EXTENDED
COST COST
LHOIST NORTH AM ERICA OF TEXAS $ 0.69 $ 147,560.00
UNIVAR SOLUTIONS USA INC_ NO BID
STAFF RECOMMENDATION:
Award of bid to Lhoist North America of Texas. in the amount of 5147,660.00.
BID: 22-20
CHEMICAL: LIQUID AMMONIUM SULFATE
PURPOSE: Generation of Chloramine disinfectant on MFG.
AMOUNT: 40,000 GAL 2019 COST: $1.058GAL
VENDOR UNIT EXTENDED
COST COST
BRENNTAG SOUTHWEST, INC NO 61D
CHEMTRADE CHEMICALS US LLC S 2,53 S 11::1,200 r:00
UNIVAR SOLUTIONS USA INC_ $ 3.90 S 156,000.00
STAFF RECOMMENDATION:
Award of bid to Chemtrade Chemicals US LLC in the amount of$101,200.00.
PAGE 6 OF 13 PAGES
AGENDA ITEM NO. 7.c
2022 BULK CHEMICALS -TABULATIONS
BID: 22-21
CHEMICAL: LIQUID CARBON DIOXIDE
PURPOSE: pHStabiliaation
AMOUNT: 725 TONS 2019 COST: $149/TON
VENDORUNIT EXTENDED
COST COST
LINDE, INC. $ 245.00 S 177,625..00
UNIVAR SOLUTIONS USA INC. NO BID
STAFF RECOMMENDATION:
Award of bid to Linde, Inc. in the amount of$177,625.00_
BID: 22-22
CHEMICAL: LIQUID CHLORINE
PURPOSE: Disinfection in water and wastewater plants
AMOUNT: BULK-250 TONS 2019 COST: $779fTON BULK
1-TON CYLINDERS-140 TONS S710'TON CYLINDERS
VENDORBULK COST 1-TON CYLINDERS
UNIT EXT UNIT I EXT
DPC: INDUSTRIES COMPANY $ 1,336.00 $ 459,000.CO No 310
DPC INDUSTRIES INC. NO BID ?C,? : 257
STAFF RECOMMENDATION:
Award of bid for Bulk Chlorine to DPC Industries Company in the amount of$459,000.00
Award of bid for 1-Ton Cylinders to DPC Industries Inc. in the amount of$257,040.00_
BID: 22-23
CHEMICAL: LIQUID CITRIC ACID 50%
PURPOSE: Cleaning compound for micro-filter elements
AMOUNT: 5,830 GAL 2019 COST: 1.7,13IGAL
VENDOR UNIT EXTENDED
COST COST
CHEMRITE, INC. $ 21.2C. $ 123.5'Je OD
SHANNON CHEMICAL CORPORATION $ 19.44 $ 113,33,5.20�
UNIVAR SOLUTIONS USA INC_ NO BID
WA—ER —E::H INC. $ 16..35 $ 95,320.50
STAFF RECOMMENDATION:
Award of bid to Water Tech Inc. in the amount of S95,320.50_
PAGE 7 OF 13 PAGES
AGENDA ITEM NO. 7.c
2022 BULK C:HEMICALS -TABULATIONS
BID: 22-24
CHEMICAL: AOUALUM POLYMER
PURPOSE: Coagulant Aid in Drinking Water
AMOUNT: 1,500 GAL 2017 COST: NIA-NEW
VENDOR UNIT EXTENDED
COST COST
BRENNTAG SOUTHWEST, INC_ $ 9.4413 $ 14,161.95
POLYDYNE INC. S 6.192 S 9,288.00
UNIVAR SOLUTIONS USA INC_ NO BID
STAFF RECOMMENDATION:
Award of bid to Palydyne Inc. in the amount of$9,288.00.
BID: 22-25
CHEMICAL: LIQUID FERRIC SULFATE
PURPOSE: Coagulation for drinking water
AMOUNT: 241,200 GAL 2019 COST: $1.3171GAL
VENDOR UNIT EXTENDED
COST COST
CHEMTRADE CHEMICALS US LLC $ 2.0947 $ 505,241,64
PENCCO, INC. $ 2.180 $ 525,816.00
UNIVAR SOLUTIONS USA INC_ NO BID
STAFF RECOMMENDATION:
Award of bid to Chemtrade Chemicals US LLC,in the amount of$505,241.64.
BID: 22-26
CHEMICAL: LIQUID HYDROCHLORIC ACID
PURPOSE: Ingredient for generation of Chlorine Dioxide at Headquarters Rd.
AMOUNT: 5,000 GAL 2019 COST: 2.78/GAL
VENDOR UNIT EXTENDED
COST COST
UNIVAR SOLUTIONS USA INC. NO BID
STAFF RECOMMENDATION:
Since no bids were received for the annual supply of this product, Staff have made
arrangements to purchase the chemical from their current supplier. P'.'S hlinibulk
at S2.7°Ica for the next yea'.
PAGE 8 OF 13 PAGES
AGENDA ITEM NO. 7.c
2022 BULK CHEMICALS -TABULATIONS
BID: 22-27
CHEMICAL: LIQUID OXYGEN
PURPOSE: Treatment of Wastewater
AMOUNT: 27,000 GAL 2019 COST: $0.451GAL
DOR UNIT EXTENDED
VEN
COST COST
LINIJE,INC NO BID
UNIVAR SOLUTIONS USA INC. NO BID
STAFF RECOMMENDATION:
Since no bids were received for the annual supply of this product, Staff have made
arrangements to purchase the chemical from their current supplier, Matheson Tri-Gas, Inc
at$0.901 al for the next ar_
BID: 22-28
CHEMICAL: LIQUID SODIUM BISULFITE 3,8%
PURPOSE: Chlorine Neutralizer
AMOUNT: 75 EA 330 GAL TOTE 2019 COST: $774,011TOTE
VENDOR UNIT EXTENDED
COST COST
BRENNTAG SOUTHWEST, INC $ 1,404.00 $ 105,300.00
HARCHEM LLC $ 1,102.50 $ 82,687.50
UNIVAR SOLUTIO'hfs USA INC. $ 1,081100 $ 81,000,00
WATER TECH INC $ 1,223.25 $ 91,743.75
STAFF RECOMMENDATION:
Award to Univar Solutions USA Inc. in the amount of$81,000.00.
BID: 22-29
CHEMICAL: LIQUID SODIUM CHLORITE 25%
PURPOSE: Ingredient for generation of Chlorine Dioxide Disinfectant
AMOUNT: 290,000 WET LBS 2019 COST: 0,487WWET LB
VENDOR UNIT EXTENDED
COST COST
EVOQUA WATER TECHNOLOGIES LLC $ 0.641 $ 185,890.00
.INTERNATIONAL DIOXIDE. INC. $ 0.518 $ 150,220,00
UNIVAR SOLUTIONS USA INC. NO BID
STAFF RECOMMENDATION:
Award of bid to International Dioxide, Inc.. in the amount of$150,220.00.
PAGE 9 OF 13 PAGES
AGENDA ITEM NO. 7.c
2022 BULK CHEMICALS - TABULATIONS
BID: 22-30
CHEMICAL: LIQUID SODIUM HYDROXIDE (CAUSTIC SODA
PURPOSE: PH Adjustment
AMOUNT: 14,50D GAL 2019 COST: $1,O661GAL
DOR UNIT EXTENDED
VEN
COST COST
MAVERICK LOGISTICS LLC fi 3.27 $ 47,415.000
P VS MINIBULK INC. $ 2.386 $ 34,597.00
UNIVAR SOLUTIONS USA INC. NO BID .
WATER TECH INC. S 2.38 S 34.510.00
S TAFF RECOMMENDATION:
Award of bid to Water Tech Inc. in the amount of$34,510.00
BID: 22-31
CHEMICAL: LIQUID SODIUM HYPOCHLORITE 12.5%
PURPOSE: Chlorinating Agent for RO Plant
AMOUNT: 16,081 GAL 2019 COST: S1,9525/GAL
VENDORUNIT EXTENDED
COST COST
PVS MIIIISJLK, INC. $ 2.4000 S 38,694.40
UNIVAR SOLUTIONS USA INC. NO BID
STAFF RECOMMENDATION:
Award of bid to PVS Minibulk, Inc.,in the amount of$38,594.40
BID: 22-32
CHEMICAL: SULFUR DIOXIDE
PURPOSE: Dechiorination of Wastewater Effluent
AMOUNT: 90 TONS 2018 COST: 5810.TON
UNIT EXTENDED
VENDOR COST COST
DP': INDUSTRIES, INC. S 1i.5„e40
UNIVAR SOLUTIONS USA INC. NO BID
STAFF RECOMMENDATION:
Award of bid to DPC Industries, Inc.,in the amount of$105,240.0'].
PAGE 10 OF 13 PAGES
AGENDA ITEM NO. 7.c
2022 BULK CHEMICALS - TABULATIONS
BID: 22-33
CHEMICAL: LIQUID SULFURIC ACID 93%
PURPOSE: PH Adjustment for RO membrane
AMOUNT: 15,080 GAL 2019 COST: $2,85!GAL
VENDOR UNIT EXTENDED -
COST COST
UNIVAR SOLUTIONS USA INC. $ 5.20 S 78,416,00
STAFF RECOMMENDATION:
Award of bid to Uni'rar Solutions USA Inc. in the amount of$78,416.00.
BID: 22-34
CHEMICAL: POTASSIUM PERMANGANATE
PURPOSE: Taste and odor treatment
AMOUNT: 4,350 LBS 2019 COST: S1 74:LB
UNIT EXTENDED
VENDOR COST COST
BRENNTAG SOUTHWEST, INC `J) BID
HEMRITE. INC. a 2 3.' • =7•1
SHAN NON CHEMICAL CORPORATION $ 2.87 S •2.48- 52
UNI'•..'AR SOLUTIONS USA INC S 55t S 24.'42 52
WATER TECH INC_ S . 1£ S 3.745 CC
STAFF RECOMMENDATION:
Award of bid to Chemrtte, Inc., in the amount of 311,571.00.
BID: 22-35
CHEMICAL: POWDERED ACTIVATED CARBON
PURPOSE: Taste and odor treatment
AMOUNT: 30 TONS 2019 COST: 513201TON
VENDORUNIT EXTENDED
COST COST
: ABOT NORIT AMERI.;AS II'1C 5 1.'3:'0,:'0 S 48,000,00
CHEMRITE, INC. $ 2,699.00 $ 80,970.00
UNIVAR SOLUTIONS USA INC_ NO BID
STAFF RECOMMENDATION:
Award of bid to Cabot Norit Americas Inc.,in the amount of$48,000.00.
PAGE 11 OF 13 PAGES
AGENDA ITEM NO. 7.c
2022 BULK CHEMICALS -TABULATIONS
BID: 22-36
CHEMICAL: SCALE INHIBITOR/ANTISCALANT
PURPOSE: Control of Scale in RO Plant
AMOUNT: 1054 Gallons 2019 COST: $7.596/GAL
VENDOR PPM GALLONS UNIT EXTENDED
COST COST
AMERICAN WATER CHEMICALS(AM ,YA SOLUTIONS) 2 210t.1 $ 9.10 $ 19.3E 1.44
AVI.STA TE'::11,0L']C.IES 1 105� 3 13 2025 S13,':72,9
CONSOLIDATED WATER SOLUTIONS 3 3162 $ 13.50 $ 42.607.00�
UNIVAR SOLUTIONS USA INC_ NO BID
STAFF RECOMMENDATION:
Scale Inhibitor for the RO is based on water chemistry and product Performance. While Arista Technologies is a higher
unit price, it utilizes a lower dosage. Award of bid to Avista Technologies in the amount of S13,978.99.
BID: 22-37
CHEMICAL: WACKER SILFOAM
PURPOSE: De-foaming agent for RO Plant
AMOUNT: 21 DRUMS GAL PER DRUM) 2017 COST: 1914.351DRM
UNIT EXTENDED
VENDOR COST COST
UNIVAR SOLUTIONS USA INC. 1.300.72 27,315..12
STAFF RECOMMENDATION:
Award of bid to Univar Solutions USA Inc. in the amount of$27.315.12.
BID: 22-38
CHEMICAL: BELT PRESS POLYMER
PURPOSE: Treatment of water plant sludge
AMOUNT: 10,000 LBS 2019 COST: $2.86iLB
VENDOR UNIT EXTENDED
COST COST
POLYDYNE ZINC, 2.70 27,000.00
UNIVAR SOLUTIONS USA INC_ NO BID
STAFF RECOMMENDATION:
Award of bid to Polydyne Inc. in the amount of S27,000.00_
PAGE 12 OF 13 PAGES
AGENDA ITEM NO. 7.c
BULK CHEMICAL COST ANALYSIS
2019 VS 2022
,BID Y UOM DESCRIPTION TOTAL 2019 TOTAL 0 QT
22-10 5C TONS ANHYDROUS AMMONIA 5 44.300.00 3 134.400.03
22-13 7.250 LBS AOLJAMAG $ 3.820.75 10,077,50
22-14 3.000 TONS CALCIUM OXIDE (PEBBLE QUICKLIME[ $ 626,550.00 $ 682.830.00
22-15 8,000 LBS COPPER SULFATE $ 12,300_00 S 16,560.00
22-16 200.000 GAL LIQUID FERRIC CHLORIDE $ 376.800 00 $ 438,000.00
22-17 4.000 LBS CITRIC ACID(FOOD GRADE) 5 3.300.00 S 6,880.00
22-18 14,500 GAL HYDROFLUOSILICIC ACID(FLUORIDE) $ 26,100 00 6 37,700.00
22-19 214,000 GAL LIME SLURRY 3 113, 0.00 147,660.00
22-20 40.000 GAL LIQUID AMMONIUM SULFATE $ 42.320.00 $ 101.200.03
22-21 725 TONE LIQUID CARBON DIOXIDE $ 108,025.00 $ 177.625XI0
22-22 250 TONS LIQUID CI ILORINC(LbULK) $ 194,750.00 $ 459,000.00
140 TONS LIQUID CHLORINE(1-TON CYLINDERS) $ 113,800.00 S 257.040,00
22-23 5,630 GAL LIQUID CITRIC ACID 50% $ 41,567.90 95.320.50
22-24 1.�500 (SAL AQUALUM HOLY MLR 5 9,075.00 S 9.288.00
22-25 241.200 GAL LI:UID FERRIC SULFATE. 317,660.40 $O$,241.64
22-26 5,000 GAL LIQUID HYDROCHLORIC ACID $ 13,900.00 S 13,900.03
22-27 27.000 GAL LIQUID OXYGEN $ 12,150.00 S 24,100.00
22-28 75 TOTE LIQUVO SODILb1 BISULFITE 38% $ 58,050.75 5 81,000.00
22-29 290,000 WET LEIS LIQUID SODIUM CHLORITE 25% S '141,230.00 5 150,220.00
22-30 '4 500 GAL LIQUID SODIL\1 HYDROXIDE(CAUSTIC) $ 14,239.00 6 34,510.03
22-31 16,001 GAL LIQUID SODIUM HYPOCHLORITE 12..5% $ 31,398.15 S 36,594.40
22-32 90 TONS SULFUR DIOXIDE $ 72.900.00 $ 155.240.03
22-33 15.080 GAL LIQUID SULFURIC ACID 93 $ 42,978.00 78,415.00
22-34 4 ,350 I S POTASSIUM PFRMANGANATF $ 7,569 00 5 11.571 00
22-35 30 TONS POWDERED ACTIVATED CARBON $ 3900.00 $ 48,000.00
22-36 1.054 GAL SCALE INHIBITORIANTISCALANT $ 135.811.20 $ 13.978.99
22-37 21 ORM WACKER SILFOAM $ 23,148.3D 3 27.315.12
22-38 '0000 LESS BEL1 PRESS I OLYN1EFi (NEW11'i $ 28.Ed10.00 S 21.000.[}3
$ 2,656,023,45 5 3,794,868.15
Difference $ 1,136,844,70
PAGE 13 OF 13 PAGES
AGENDA ITEM NO. 7.c
CITY COUNCIL AGENDA
June 7, 2022
ITEM/SUBJECT: Resolution authorizing the City Manager to execute a professional
service agreement with Mead & Hunt for the Lift Station 25 Odor
Control Study Project, in the amount of$85,220.00.
INITIATING DEPT: Public Works and Finance/Purchasing
STRATEGIC GOAL: Provide Quality Infrastructure
STRATEGIC OBJECTIVE: n/a
COMMENTARY: Odors emanating from sewer facilities is a common issue associated
with the conveyance and treatment of waste materials. Recent advancements in the
understanding of these odors and abatement techniques has led to more efficient
methodologies at controlling the odors around sewage facilities.
Lift Station 25, located in Weeks Park on Midwestern Parkway, is a primary component
of the overall wastewater collection system. It intercepts untreated sewage from 3
different regions of the City and conveys the flow to the larger trunk main in Holliday Creek
and ultimately to the Wichita Falls Resource Recovery Facility. This lift station has had a
history of odor complaints from the residents in the area and with the addition of the trail
system along Holiday Creek, we have seen our odor complaints increase, as more people
pass in close proximity to the facility.
In an effort to abate the odors an Odor Control Study is necessary to help City staff
understand the dynamics and causes of the odors at Lift Station 25. The study will
evaluate the root cause for the odors, where and how they are being generated and
evaluate an alternative to reduce odors at Lift Station 25.
The performance of an Odor Control Study at Lift Station 25 is currently budgeted in the
Water/Sewer Special Items FY21/22 normal operating budget. The quote for the study
is $85,220.00, which is below the FY21/22 budgeted amount of$100,000.00.
Mark Perkins, the lead engineer for the project, has successfully evaluated and designed
odor control equipment and facilities for the City's Resource Recovery Facility and is very
capable of completing this project. Therefore, staff recommends award of the
performance of the Lift Station 25 Odor Control Study Project to Mead & Hunt, in the
amount of$85,220.00.
® Director, Public Works
PAGE 1 OF 7 PAGES
AGENDA ITEM NO. 7.D
ASSOCIATED INFORMATION: Resolution, Agreement
® Budget Office Review
® City Attorney Review
® City Manager Approval
PAGE 2 OF 7 PAGES
AGENDA ITEM NO. 7.D
Resolution No.
Resolution authorizing the City Manager to execute a professional
service agreement with Mead & Hunt for the Lift Station 25 Odor
Control Study Project, in the amount of$85,220.00
WHEREAS, one of the City of Wichita Falls' Strategic Goals is to Provide Quality
Infrastructure; and,
WHEREAS, the City desires to improve the aesthetics in and around its
wastewater infrastructure; and,
WHEREAS, the City finds it necessary to perform a study to evaluate the causes
and dynamics of odors in and around Lift Station 25 on Midwestern Parkway; and,
WHEREAS, the City Council desires to have said study conducted.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
City staff is authorized to contract for an Odor Control Study at Lift Station 25, from
Mead & Hunt, in the amount of$85,220.00.
PASSED AND APPROVED this the 7th day of June, 2022.
MAYOR
ATTEST:
City Clerk
PAGE 3 OF 7 PAGES
AGENDA ITEM NO. 7.D
Professional Services Agreement befwe+en the City of Wichita Falls and
Mead&Haat for Engineering Services for tke
Lilt Station 25 Odor Control Slade Project
OWNER: The City of Wichita Falls;Attm Director of Public Woks,P.D.Boa 1431,Wichita Fells,Texas 76307
E_NGLEER: Mead&Hunt ,Arlington,Tx.
PROJECT: ENGINEER will prepare plans,specifications and bid documents far the Lilt Station 25 Odor Co' utral Studs
Project.,
TIMETABLE: ENGINEER shall complete the following tasks os o.:befo:e the following dates:
1.Odor Abatement Sampling,Summary and Evaluation September 30,2022
2_Ventilation Pilot Steil; November 30,2022
The ENGI EER shall not be held responsible for allure to meet the afo_esrendoned timetables in the event that the cause
o'delay is not the fault of die ENGINEER or the ENGINEERS subcontractors_
PAYMENF:
1.Payment for Basic Services.OWNER agrees to pay the following amounts for Basic Services rendered pursuant to
sir cocc act.a:otal anwunt not to exceed S 85,220.subject:o completion of the follovrzng phases:
Phase Percentage of Project Amount
1.Odor Abatement Sampling,Summary antiE'catuatian 48°o- 1 41.009.
2.i eo latian Pilo:Study _2°a S 44.2 A
Total 10044 $85,220
2.Payment for Additional Services.OWNER shall pay ENGINEER for Additional Services requested and rendered as
fo2owi.:
2.1.Pa4ixent for Additional Services of Engineer rendered under this contract shall be paid for at the following rate when
supponec by invoices.
Labor Category 1022 HoarIyRate
Principal $ 240
Senior Project Manager $ 225
Senior Regulatory Specialist $ 177
SeniorEne;ineer $ 151
Graduate Engineer(1-2) $ 87
Graduate Engineer(3-4) $ 103
Professional Engineer $ 11 P
CAD BIM Designer $ 120
Senior Project Designer $ 156
Adam $ 75
CAD Technician $ 83
hates Rates may be adjusted by up to 4N at the'bsginnirg of each calendar yea•.
Subcar s J tants and other direct empenses wil I be billed at actual cast plus a 1O't service
charge u mess otherwise noted.
]ifileage Expense(outside 50 mile radius of Wichita Falls)..,.. .,.Current IRS reimbursement rate
Actual cost of materials required for the job and expenses shall be charged at cast plus
Overnight Expense:man—Actual Expenses
PAGE 4 OF 7 PAGES
AGENDA ITEM NO. 7.D
2.2.For expenses for Additional Services,E1ti GP EER shall be compensated at the actual cost to ENC IE.R based on
rates referenced above or as previously agreed upon in writing. Where field parties are used,expenses shall include
charges for the use ofany special.instruments and equipment,including marine equipment,and expendable items suck aa
stakes and monuments.
3_Tines of Payments:
3.1.Times of Payments--ENGIIdEEER chnil submit monthly statements for Basic and Addition]Services rendered.For
Basic Services,the statements will be based upon ENGINEER'S estimate of the proportion of the tool services actually
completed at the time of billing. OWNER shall make prompt monthly payments in response to ENGINEER'S monthly
statements..Upon conclusion of each phase of Basic Services,OWNER shall pay such additional amount,if any,as may be
necessary to bring total compensation paid on account of such phase to the following percentages of total compensation
payable for all phases of Basic S ervices:
3.2.Past-due Payma ents--OWNER agrees to pay a charge of 2°i per month on all invoiced owed amount not paidwithin
30 days of the date of the invoice,calculated from the date of the invoice. In addition,,ENGINEER may,after giving 10
days'st7r ten notice to OS7L'NER_suspend services under this Aereement until the ENGINEER has been paid in full all
amounts due for services and expenses.
OWNER'S REPRESENTATIVE: Russell Schreiber,Director of Public Works,City of Wichita Falls
SERVICES OF ENGINEER—ENGINEER shall perform professional engineering services as heretnafer stated which
include customary incidental engineering services:
Phase 1-Odor Abatement Sampling,Summary and Evaluation
1. Initial site visit to determine sampling locations and routing of sewer system to lift station 25 on Midwestern
Parkway and surrounding area. Inspect interior condition of lift station,valve vault and upstream collection
system.
2. Procure six hydrogen sulfide loggers_four pressure differential loggers and miscellaneous supplies for hanging
instnnnent for continuous monitoring at lift station,three upstream manholes and two downstream manholes.,
3. Deploy loggers..It is assumed none of the manholes will be within roadways and the City will provide access to
each manhole for logger deployment and retrieval.
4. Monitor loggers once remotely each work day during two week long sampling period to verify loggers are working
as anticipated.
5. Retrieve loggers.,Download and process data..
Review and evaluate construction plans for collection system in study area_Estimate natural ventilation rate of
upstream collection system_
7. Evaluate air flow capacity of odor control system and treating foul air with biofi]tration_bioscrubber,adsorptive
media or a combination of technologies...
S. Research power and water availability in area for permanent odor control system installation and evaluate
elevation issues in routing foul air duct and drain to and from an accessible collection system manhole..
9. Summarize logger data andpresent with summary memoranduni of work peT5:1TCCELL illustrative map and sampling
observations...
10.Meet with City to present information.,
Phase Cl includes two meetings with the City and two site visits,one to deploy instruments and one to retrieve instruments.
Phase 02-Ventilation Pilot Studs
1. Develop sampling protocol for evaluating impact of air ventilation for Lift Station 25 on Midwestern Parkway and
surrounding area.
2. Meet with City staff to review the sampling protocol and discuss sampling schedule.Meet in the field to inspect
the structure selected for ventilation and identify potential locations fora future odor control system_
3. Prepare for and conduct sampling.inchrding procuring six OdaLogs,four pressure differential instruments.hot
wire airflow meter, temporary odor control and miscellaneous equipment such as temporary covers to
accommodate the odor control system and pressure differential lOggers..Sample three different air flows across two
sampling days to measure impact of air ventilation on sewer pressure and hydrogen sulfide levels.,
4. Delineate collected data in tables and maps.
5. Prepare memorandum mmrnarizing results. Include conceptual layout and opinion of probable cost for
PAGE 5 OF 7 PAGES
AGENDA ITEM NO. 7.D
recommended solution.
6. Meet with City staff to review findings and conclusions
Phase 02 includes two meetings with the City and One two-day site visit for ventilation pilot study.
Notes applicable to tasks in Phases 01 and 02:
1. Documents to be transmitted electronically.No punting included.
2. City to open Lift station,vaults and manholes for deployment and retrieval ofloggers and provide traffic control,as
needed.
3. City to assist with selection of site(s)suitable for future odor control system.
4. Foul air ventilated to atmosphere during pilot Treatment of foul air not included.
GENERAL°CONDITIONS:
1. Termination—OWNER may terminate this Agreement upon 10 days written notice to ENGINEER with the
understanding that all services being performed ender this Agreement shall cease upon the date specified in such notice.In
the event of early termination,ENGINEER shall invoice OWNER for all services completed and shall be compensated in
an amount corresponding to the amount designated as compensation for each phase of the work satisfactorily completed
and acceptedplas an amount corresponding to the percentage of work satisfactorily completed and submitted to Owner for
any phase partly completed on the effective date of the termination.
2.Ownership&Maintenance of Documents—All documents and digital files prepared and or assembled by ENGINEER
under this agreement shall become the property of the OWNER and shall be delivered to OWNER without restriction on
future use.OW'hER's re-use ofdacumencs on future projects will be at the sole risk of OWNER ENGINEER may make
copies of any and all document for its files and re-ase information contained therein ENGINEER will maintain proj ect
records for three years after the OWNER has made final payment to the contractor and all atherpPnrling matters are closed
and provide copies thereof to OWNER if requested.,
3.Controlling Law--This agreement is performable and is to be governed bythe law applicable in Wichita Falls,Texas.
Sole venue for any action arising under this agreement shall be in Wichita County.Texas.
d Assignaent of Cotfract--ET;GINEER shall not assign_sublet or transfer any rights under or interest in(including,but
without limitations,monies that may become due or monies that are cline)this Agreementwithoutthe written consent of the
other. Unless specifically stated to the contrary in any written consent to an assignment no assignment will release or
discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall
prevent ENGINEER from employing independent consultant,associates,subcontractors,and employees to assist it in the
performance of services hereunder,
5.No Thad-Party Beneficiaries—Nothing herein shall be construed to give any rights or benefits to anyone other than
OWNER and ENGLNE,ER
6. Independent Contractor—In performing services under this agreement. the relationship between OWNER and
ENGINEER is that of independent contractor.and OWNER and ENGINEER by the execution of this Agreement do not
change the independent conlractors:atus of ENGINEER No term or provision of this agreement or act of ENGINEER in
the performance of this Agreemen: shall be construed as making ENGINEER or any agent servant or employee of
ENGINEER the agent,servant or employee of OWNER.
7_ Indemnity—ENGINEER agrees to release.defend.indemnify.and hold the OWNER whole and harmless against any
and all claims,smit.and actions for damages. costs,and expenses to persons or property that may arise out of.or be
occasioned by or from any negligent act.error Or omission of EN GIIEEER or any officer,agent servant.employee or
subcontractor of ENGINEER in the execution or performance of this contract. In the event of notice of a claim to which
this indemnity might apply, so much of the money due the ENGINEER under this contract as shall be reasonably
cnnsirIvrpd rharessaryby ttw.MONTT may bpiwtaiiw.1 fur rhP 11CF nF tbjOWN'F.F imtil all snits Arrinn5 and rlaims shall
have been settled and satisfactory evidence to that effect furnished the OWNER. The ENGINEER further agrees to
release,defend, indemnify, and hold harmless the OWNER and the OyiNER's officers.agent,and employees from
liability for any claims of injuries or damage made by or on behalf of ENGINEER or any ofENGINEER's officers,agents.
or employees resulting from the performance or attemp:e d performance of this contract regardless of whether the injury or
PAGE 6 OF 7 PAGES
AGENDA ITEM NO. 7.D
damage is caused in whole or in pantry any acts or omissions of OWNER or any hidden or apparent condition.ofpropeerct
owned or cant-rolled by the OWNER.This indemnity shall not apply to any claim to the extent to which ENGINEER is
prohibited from mdemeifyumg a govemmental entity pursuant to Tex_Local,Gov't Code kw 271.904 or other Law.
This agreement and Saud attachments may only be amended,supplemented modified or ranceledb:a d•.i]r exec•.ued wrirrea
instrument
EXECUTED,this die day of ,2022_
OWNER: City of Wichita FaL,Texas ENGINEER: earl&Hunt
Darrow Le ker.City Manager Mark Perkins.Vire President
seal}
ATTEST: ATTEST:
Marie Ralth.rop,City Clerk Charlotte Smith,Project Manager
FORM AP?ROVED:
Kinley Hegg]¢nd:Ciry Attorney
PAGE 7 OF 7 PAGES
AGENDA ITEM NO. 7.D
CITY COUNCIL AGENDA
June 7, 2022
ITEM/SUBJECT: Resolution approving the programs and expenditures of the Wichita
Falls Economic Development Corporation (WFEDC/4A) by
amending the budget to include an up to $57,462.50 to Howmet
Aerospace to support the company's purchase of a new filtration
system and the retention of 609 employees at their Wichita Falls
operation.
INITIATING DEPT: City Manager's Office
STRATEGIC GOAL: Accelerate Economic Growth
STRATEGIC OBJECTIVE: Encourage...Recruitment of High Value Businesses
COMMENTARY:
Pursuant to Texas Local Government Code §501.073(a) "The corporation's authorizing
unit (i.e. City Council) will approve all programs and expenditures of a corporation and
annually review any financial statements of the corporation."
Timeline
• May 19, 2022 —WFEDC Board hears and approves request from Howmet.
• June 7, 2022 — City Council to consider ratifying WFEDC budget amendment to
facilitate project.
Summary
This item is to consider approval of an amendment to the WFEDC's (4A) budget to include
an up to a $57,462.50 expenditure to facilitate the second filtration project at their Wichita
Falls facility. This expenditure represents 50% of the cost of the filtration project, with
Howmet paying the other half. The Board and City Council previously approved $72,750,
representing 75% of the total cost, of the first filtration project at the facility which is
currently underway.
On May 19, 2022, the WFEDC considered and approved this item (see attached). The
WFEDC's economic development staff at the Chamber of Commerce will be at the City
Council meeting to provide details on the company and project. The WFEDC's May 2022
Financial Report shows the corporation has approximately $8.8M in available funds to
facilitate this project.
The WFEDC Board and City staff recommends approval of this resolution.
® Assistant City Manager
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AGENDA ITEM NO. 7.E
ASSOCIATED INFORMATION: Exhibits from WFEDC meeting, Resolution
® Budget Office Review
® City Attorney Review
® City Manager Approval
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AGENDA ITEM NO. 7.E
W1CHITA FALLS ECONOMIC DEVELOPMENT CORPORATION
Project Review
19 May 2022
SUBJECT; Howmet Oberlin Filtration Project
INITIATED BY: Henry Flarsheim and Taylor Davis
ATTACHED; Project Sheet and Economic Impact Study
Commentary;
Following support from the 2021 project to assist Howmet Aerospace with the purchase of
equipment, 600 GPD Filtration System from Oberlin Filter Company, in witch Howmet
Aerospace was required to increase their employment count by 73 for a total of 529 FTEs over
one year. The installation of the 600 GPD Filtration System from Oberlin Filter Company servos
to remove any solid prior to entering the sewer eliminating any risk of noncompliance of
environmental wastewater and will therefore satisfy permitting at their location that states:
1. The permittee shall not discharge any pollutant or wastewater which cause pass
through or interference at the above outfall,
2. The permittee shall not discharge wastewater containing any of the following
substance from the outfall: Solid or viscous substances in amounts which will cause
obstruction of the flow in the POTIN resulting in interference, but in no case solids
greater than two inches(2") or five centimeters (5 cm)in any dimension_
However,to adequately support their needs in mitigating risk associated with effluent waste,
Howmet Aerospace requires installation of two 600 GPD Filtration Systems from Oberlin Filter
Company,Since the initiation of prior support. Howmet Aerospace has been able to increase
their employment beyond the 529 minimum for a total current headcount of 609 FTEs.As a
result, they seek support in purchasing a second system for their site which will eliminate all
concern around wastewater discharge.
This project wolf include_
■ Purchase and installation of a second 600 GPD Filtration Systems from Oberlin Filter
Company at a total cost of S114,925,00,
• Retention of a minimum of 609 FTEs.
Average facility wages equal to 523,601hbur.
Benefits include: Medical, dental, vison. life insurance, vacation days, company
paid holidays, 401K,
Local Incentive Proposal:
The Chamber is recommending the following support with conditions:
■ Forgivable loan offered up front in the amount of$57,462.50, equivalent to 50%of the
total project cost
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AGENDA ITEM NO. 7.E
Loan .crrns will extend over the course of one year. The balance will be forgiven
at an annual rate of 100%, as the burden of performance met through
employment milestones. including the retention of 609 existing FTEs.
Forgiveness will be calculated at rate of 594.35JFTE, in which failure to meet
minimum employment count will justify that Horrrrnet Aerospace reimburse the
ED $94.35 for each employee that they are below their 609 headcount.
We are basing this proposed incentive on the following assumptions:
• Howmet Aerospace will purchase the 600 GPD Filtration System from Oberlin Filter
Company at a rate of S 114,925.00 for installation in their second facility.
• Howmet Aerospace will allow Chamber staff and members of the WFEDC into their
facility to verify installation, including photographs of the equipment.
• Howmet Aerospace will retain a minimum of 609 existing FTEs, with verification of
employment at the one-year mark.
• Howmet Aerospace will provide data to assist in the reconciliation processes_
Economic Impact:
Ai 609 FTEs, Havmet Aerospace generates just under 530 million in community payroll with
wages that are above average and competitive in our '.1SA's labor market.
Considerations:
Pro
• Supporting business and labor force recovery from pandemic.
• Waaes between the 50:h and 75th percentile for the MSA, indicating competitiveness.
• Comprehensive benefit packages for employees.
Cory
• Generally cyclical labor force:
• 2021 = 485
2020 = 710
2019 = 1123
• 2018 = 1063
2017 = 906
• Recently inoentivized the first Oberlin system, this request is for a second, First has not
yet been installed due to vendor delays.
• Equipment does not directly correlate to job creation.
Proposed Motion Language: To provide a forgivable loan to Howmet in the amount of
$57.462.50 to support the company's purchase of a new filtration system and the retention of
609 employees at their Wichita Falls operation.
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AGENDA ITEM NO. 7.E
Resolution No.
Resolution approving the programs and expenditures of the Wichita
Falls Economic Development Corporation (WFEDC) and amending
the budget to include up to $57,462.50 expenditure to Howmet
Aerospace to support the company's purchase of a new filtration
system and the retention of 609 employees at their Wichita Falls
operation
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 May 19, 2022, the WFEDC 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 Economic Development Corporation's approval and funding
of the following programs and expenditures as described below and in said corporation's
agenda, are approved:
Delta T Thermal Solutions Project:
• A total of up to $57,462.50 to Howmet Aerospace to support the
company's purchase of a new filtration system and the retention of
609 employees at their Wichita Falls operation.
2. The current fiscal year budget of the WFEDC is amended to provide for the
aforementioned expenditures and changes thereto.
PASSED AND APPROVED this the 7th day of June, 2022.
MAYOR
ATTEST:
City Clerk
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AGENDA ITEM NO. 7.E